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 PETITIONS 
 
 IN 
 
 CHANCEEY AND LUNACY.
 
 THE 
 
 LAW AND PRACTICE 
 
 RELATING TO 
 
 ettttons 
 
 Cimtuerg anfc 
 
 BY 
 
 SYDNEY E. WILLIAMS, 
 
 <\* 
 
 OF LINCOLN'S INN, ESQ., BARRISTKU-AT-LAW. 
 
 LONDON : 
 
 STEVENS AND HAYNES, 
 
 BELL YAED, TEMPLE BAE. 
 
 1880.
 
 
 LONDON : 
 BRADBURY, AONEW, & CO., PR1KTERS, WHITEFRIARS.
 
 PKEFACE. 
 
 ALTHOUGH the jurisdiction by Petition has been 
 gradually extended until it now forms an important 
 part of Chancery procedure, no separate treatise on this 
 branch of practice has yet been published. It has 
 been thought, therefore, that the present work may 
 prove of use to the Profession. The aim of the author 
 has been to collect and arrange the various statutes 
 and cases relating to those petitions which may be 
 presented in the Chancery Division and in Lunacy ; 
 and, as such a collection, the work may claim to be 
 fairly exhaustive. The author has further endeavoured 
 to show when petitions will lie, what should be their 
 form, and what the practice respecting them. 
 
 No claim can be made to a strictly logical or 
 scientific arrangement of the subject, but it will be 
 seen that the various petitions have been treated, 
 and, to some extent, classified, under the following 
 heads : -- Petitions dealing with Funds in Court
 
 VI PKEFAOE. 
 
 (chaps. 2-9) ; Petitions relating to Leases and Sales 
 (chaps. 10-16) ; Petitions relating to Companies (chaps. 
 17-21) ; Petitions relating to Solicitors (chaps. 22-25) ; 
 Petitions relating to Infants (chaps. 26-29) ; Petitions 
 relating to Charities (chap. 30) ; Petitions relating to 
 Trustees (chaps. 31, 32) ; Petitions relating to Lunatics 
 (chaps. 33-39) ; Miscellaneous Special Petitions (chaps. 
 40-47) ; Petitions of Course (chap. 48). 
 
 An Appendix of Forms and Precedents has been 
 added for the convenience of the draftsman. 
 
 The author desires to acknowledge the great assist- 
 ance he has derived from Daniell's " Chancery Practice," 
 Seton on Decrees, Mr. Morgan's "Chancery Acts and 
 Orders," and Mr. Buckley's " Companies Acts." 
 
 S. E. W. 
 
 4, NEW SQUARE, LINCOLN'S INN, 
 February, 1880.
 
 CONTENTS. 
 
 PAGE 
 
 TABLE OF CASES xiii 
 
 TABLE OF STATUTES . xxxi 
 
 CHAPTER I. 
 PETITIONS GENERALLY 1 
 
 CHAPTER II. 
 PAYMENT OUT GENERALLY .18 
 
 CHAPTER III. 
 
 TRUSTEE RELIEF ACT 34 
 
 CHAPTER IV. 
 LEGACY DUTY ACT ~ ........ 45 
 
 CHAPTER V. 
 PARLIAMENTARY DEPOSITS . .47 
 
 CHAPTER VI. 
 
 NATIONAL DEBT ACT, 1870 ....... 54 
 
 CHAPTER VII. 
 
 LANI>S CLAUSES CONSOLIDATION ACT, 1845 . ... . .67
 
 VI 11 CONTENTS. 
 
 CHAPTER VIII. 
 
 PAOE 
 
 DEFENCE ACTS 91 
 
 CHAPTER IX. 
 
 INVESTMENT (CASH UNDER CONTROL OF THE COURT) . ... 93 
 
 CHAPTER X. 
 
 SETTLED ESTATES ACT, 1877 96 
 
 CHAPTER XI. 
 
 PROPERTY LAW AMENDMENT ACT . ' . . . . . .136 
 
 CHAPTER XII. 
 
 CONFIRMATION OF SALES 140 
 
 CHAPTER XIII. 
 LAND TAX KEDEMPTION ACTS . . . 143 
 
 CHAPTER XIV. 
 
 FINES AND RECOVERIES ABOLITION ACT 146 
 
 CHAPTER XV. 
 
 JUDGMENT DEBTORS ACT 148 
 
 CHAPTER XVI. 
 
 ECCLESIASTICAL LEASES 
 
 CHAPTER XVII. 
 WINDING-UP PETITIONS . . . . . . . ' 153 
 
 CHAPTER XVIII. 
 
 REDUCTION OF CAPITAL 189
 
 CONTENTS. IX 
 
 CHAPTER XIX. 
 
 PAGE 
 
 JOINT STOCK COMPANIES -ARRANGEMENT ACT, 1870 : . ; . 198 
 
 CHAPTER XX. 
 
 RAILWAY COMPANIES ACT, 1867 . ,. . . V- 201 
 
 CHAPTER XXI. 
 
 LIFE ASSURANCE COMPANIES ACTS ....... 206 
 
 CHAPTER XXII. 
 
 SOLICITOR'S CHARGE FOR COSTS ....... 209 
 
 CHAPTER XXIII. 
 
 TAXATION OF BILLS OF COSTS ........ 213 
 
 CHAPTER XXIV. 
 
 AGREEMENTS AS TO COSTS 
 
 CHAPTER XXV. 
 
 CHANGE OF SOLICITOR .......... 221 
 
 CHAPTER XXVI. 
 
 CUSTODY OF INFANTS ACT, 1873 . . . . ' . . . 224 
 
 CHAPTER XXVII. 
 
 INFANTS SETTLEMENTS ACT ......... 227 
 
 CHAPTER XXVIII. 
 MARRIAGE OF WARDS OF COURT ..... . 230 
 
 CHAPTER XXIX. 
 
 MARRIAGE ACT . 235
 
 X CONTENTS. 
 
 CHAPTER XXX. 
 
 PAGE 
 
 SIR SAMUEL ROMILLY'S ACT . . . . , ... 236 
 
 CHAPTER XXXI. 
 
 TRUSTEE ACTS, 1850, 1852 . . .. . . . . . 243 
 
 CHAPTER XXXII. 
 
 PETITION FOR ADVICE AND DIRECTION ...... 265 
 
 CHAPTER XXXIII. 
 
 PETITION FOR INQUIRY (LUNACY) . . 260 
 
 CHAPTER XXXIV. 
 
 LEAVE TO ATTEND INQUIRY 274 
 
 CHAPTER XXXY. 
 
 LEAVE TO TRAVERSE . . . . . . . . . 275 
 
 CHAPTER XXXVI. 
 
 CONFIRMATION OF MASTER'S REPORT . ... . . . . 278 
 
 CHAPTER XXXVII. 
 
 SUPERSEDEAS . . . . . . . . . ' . . . 281 
 
 CHAPTER XXXVIII. 
 
 PETITION ON DEATH OF LUNATIC . . .- . ... 285 
 
 CHAPTER XXXIX. 
 
 SMALL PROPERTIES OF INSANE PERSONS 287 
 
 CHAPTER XL. 
 
 PETITIONS OF RIGHT ACT, 1860 290
 
 CONTENTS. XI 
 
 CHAPTER XLI. 
 
 PAOE 
 
 CHARGING ORDER 292 
 
 CHAPTER XLII. 
 
 MARRIED WOMEN'S PROPERTY 296 
 
 CHAPTER XLIII. 
 
 COMPROMISE . . 299 
 
 CHAPTER XLIV. 
 
 DECLARATION OF TITLE ACT, 1862 301 
 
 CHAPTER XLY. 
 
 INVESTMENT ON REAL SECURITIES IN IRELAND ACT . . . 303 
 
 CHAPTER XLVI. 
 RECEIVERS 304 
 
 CHAPTER XLVII. 
 
 OBSOLETE PETITIONS . 306 
 
 CHAPTER XLYIII. 
 
 PETITIONS OF COURSE . 308 
 
 315 
 
 INDEX 371
 
 TABLE OF CASES. 
 
 A. 
 
 ABBOT, Re, 41, 42 
 
 Abby v. Gilford, 21 
 
 Aberystwith Rly. Co., Re, 49 
 
 Abraham v. Newcombe, 22 
 
 Accidental and Marine Ins. Co., Re, 171, 
 
 181 
 
 Ackland, Re, 55 
 Adair, Re, 98, 107 
 Adams, Re (W. N. 1871, 159), 82, 83 
 
 (17 L. T. N. S. 641), 94 
 
 (9 Ch. D. 116), 108 
 
 (17 W. R. 582), 151 
 
 (12 Ch. D. 634), 252 
 
 (9 L. T. N. S. 626), 287 
 Adansonia Fibre Co., 163 
 
 Adey v. Arnold, 232 
 Agar-Ellis, Re, 225 
 Albert Average Assoc., 164 
 
 Life Ass., 198 
 Albion Bank, 179, 184 
 Allason, Re, 24 
 Allen, Re, 35 
 
 v. McPherson, 311 
 Alsager (Incumbent of), Exp., 81 
 Andrews, Re, 107 
 
 v. Walton, 11 
 Angelo, Re, 247 
 
 Anglo- Australian Ass. Co., 154 
 - Danish, &c., Co., 176 
 
 Egyptian Navigation Co. , 158, 184 
 
 Greek Co., 11 
 
 Steam Co., 158 
 
 Italian Bank v. Davies, 148 
 
 Mexican Mint Co., 155 
 Anon. (9 Ha. App. 27), 7 
 
 (3 Jur. N. S. 839), 22, 30 
 
 (5 Jur. N. S. 385), 28 
 
 (17 Jur. 327), 4 
 
 (18 Jur. 770), 7 
 Anstie, Re, 269, 272 
 Archer v. Dowsing, 24 
 
 Arden (Lord), Re, 58 
 
 Armitage v. Askham, 86 
 
 Armston, Re, 43 
 
 Armstrong, Re, 253 
 
 Arrowsmith, Re (4 Jur. N. S. 1123), 243, 
 
 244 
 
 (6 W. R. 642), 257 
 Ashley v. Taylor, 309 
 Ashmead, Re, 55, 56 
 Ashton, Re, 238 
 Askew v. Millington, 300 
 
 17. Woodhead, 73, 85, 86 
 Aston v. Meredith, 124 
 Atkins, Re, 10, 11 
 
 v. Cooke, 186 
 Atkinson, Re, 216 
 Attorney-General v. Akers, 235 
 
 v. Brickdale, 26 
 
 v. Bristol, 237 
 
 v. Christ Ch., 106 
 
 v. Clare Hall, 238 
 
 v. Clements, 235 
 
 v. Devon, 237, 239, 240 
 
 t7. East Retford, 237 
 
 17. Green, 239 
 
 17. Parnther, 282 
 
 17. Read, 235 
 
 17. Rochester, 82, 86 
 
 y. Stamford, 237, 240 
 
 17. Ward, 255 
 Aubrey, Re, 72 
 
 Audley Hall Co., 185 
 
 Austen, Re, 255 
 
 Austin v. Amhurst, 69 
 
 Avery, Re, 55 
 
 Ayles v. Cox, 248, 258, 260, 263 
 
 B. 
 
 BACHB, Re, 252 
 Back, Exp., 58 
 Badcock, Re, 262 
 Bagnall v. Carlton, 294
 
 XIV 
 
 TABLE OF CASES. 
 
 Bagot, Re (10 W. R. 607), 85 
 (14 W. R. 471), 79 
 Baile v. Baile, 210 
 Bailey v. Birchall, 211 
 
 v. Collett, 29 
 Baillie, Re, 14, 44 
 Baker, Re, 29 
 Baldwin, Re, 31 
 Ballard v. Catlings, 311 
 Banbury, Re, 121 
 Bank of London Ass., 161 
 
 Montreal v. Cameron, 176 
 Barber, Re, 38 
 
 Bariatinski, Re, 272, 274, 279 
 
 Barker, Re, 252 
 
 Barned's Banking Co., 158 
 
 Barrett, Exp., 71 
 
 Barrington, Re (27 Bear. 272), 7 
 
 (1 J. & H. 142), 266 
 Barry Rly. Co., Re, 51 
 Bartholomew, Re, 298 
 Bartlett, Exp., 225 
 Barton v. Latour, 33 
 Basingstoke Canal, 161 
 Basnett v. Moxon, 245 
 Bateman, Re (13 W. R. 513), 121 
 
 (21 L. J. Ch. 451), 71 
 Bathurst v. Murray, 233 
 
 Battel (Dean of), Exp., 74 
 
 Battell, Re, 40 
 
 Battersby, Re (10 Ch. D. 228), 38, 39 
 
 (16 Jur. 900), 261 
 Batty, Re, 60 
 
 Baugham, Exp., 39 
 
 Baxter, Re, 260 
 
 Beamish, Re, 55 
 
 Beard v. Travers, 233 
 
 Beaty v. Curson, 40, 41, 42, 43 
 
 Beauclerk, Re, 39 
 
 Beaufoy, Re, 74, 75 
 
 Beaujolais Wine Co., 159 
 
 Beaumont, Re, 141 
 
 Beaumont v. Carter, 22 
 
 Beauvoir, Re, 80 
 
 Becke, Re, 213 
 
 Beckett v. Buckley, 149 
 
 Beddoes, Exp., 63 
 
 Bedell, Re, 269 
 
 Bedford, Re, 239, 242 
 
 Bedwas Coal Co., 179 
 
 Befford, Re, 37, 40 
 
 Beioley v. Carter, 96, 97, 116, 117, 128 
 
 Belfast Water Commissioners, Re, 66 
 
 Bell, Re, 16, 216 
 
 Belt, Re, 23, 125 
 
 Bendyshe, Re (5 W. R. 816), 38 
 
 (3 Jur. N. S. 727), 134 
 Bentley v. Craven, 18 
 
 Bonton, Re, 43 
 
 Berkeley, Re, 72 
 
 Berkhampstead Gram. Sch., Exp., 237, 
 
 238 
 
 Berkley, Re, 256 
 Berlin Abattoir Co., 182 
 Besant, Re, 224, 226 
 Bessemer Steel Co., 199 
 Bethlem Hos., Re, 80 
 Betty v. London, &c. , 88 
 Bicester (Churchwardens of), Exp., 62 
 Bicknell, Re, 121 
 Biddulph, Re, 25, 37 
 Biggs, Re, 34 
 Bignold, Re (9 Beav. 269), 216 
 
 (L. R. 7 Ch. 223), 253 
 v. Springfield, 237 
 Birch, Re (2 K. & J. 369), 43 
 
 (10 Jur. N. S. 673), 73 
 v. Cropper, 255 
 
 Birchall v. Pugin, 211 
 
 Bird, Re, 35 
 
 Birkett, Re, 41, 42 
 
 Birmingham, &c. , Re, 89 
 
 Bishop v. Bishop, 94 
 
 Bishop's Waltham Rly. Co., 149 
 
 Bishton, Re, 55 
 
 Blackmore, Re, 283 
 
 Blackwood, Re, 6 
 
 Blanchard, Re, 252, 259 
 
 Blewitt, Re, 146, 147 
 
 Bligh, Re, 25, 306 
 
 Blomfield, Re, 61 
 
 Bloye, Re, 35 
 
 Blunts. Heslop, 213 
 
 Blyth, Re, 62, 79 
 
 Boddington v. Woodley, 311 
 
 Bogg v. Midland Rly., 77 
 
 Bolton, Re, 38, 39 
 
 Estates, Re, 124 
 
 Act, Re, 2 
 
 LoanSoc., 164 
 
 Tramways Act, 48 
 Bonelli's Telegraph Co. , 6 
 Bonfield v. Grant, 7 
 Bonser v. Bradshaw, 211 
 Boston, Exp., 48 
 Boughton, Re, 117 
 Bourke, Re, 258, 259 
 Bouts, Exp., 55 
 Bouverie, Re, 80, 82 
 Bowen v. Evans, 128 
 
 Bowes, Re (10 Jur. N. S. 817), 84 
 
 (12 W. R. 929), 21, 59, 84 
 Box, Re (1 H. & M. 552), 266 
 (11 W. R. 304), 266 
 Boyce, Re (15 W. R. 827), 94, 95 
 
 (4 D. J. & S. 205), 247, 252
 
 TABLE OF CASES. 
 
 XV 
 
 Boycott, Re, 255 
 
 Boyd, Re (1 Ch. D. 12), 11 
 
 (Ir. R. 8 Eq. 76), 122, 125 
 Brackenbury, Re, 255, 263 
 Bradford Navigation Co. (L. R. 10 Eq. 
 
 331), 161 
 (L. R. 5 Ch. 
 
 600), 180 
 
 Bradford Tramways, Re, 52 
 Bradley v. Munton, 263 
 Bradshaw, Exp., 79 
 
 v. Fane, 59 
 Brailey, Re, 85 
 Brain, Re, 290, 292 
 Braithwaite, Exp., 79 
 Brampton Rly. Co., Re, 51 
 Brandling v. Humble, 28 
 Brandon, Re (2 Dr. & S. 162), 82, 83 
 (W. N. 1879, 215), 306 
 v. Brandon, 73, 76, 77 
 Branmer, Re, 82 
 Brasher, Re, 65 
 Braye, Re, 59, 83 
 Brealey, Re, 134 
 Bredicot (Vicar of), Exp., 71 
 Breed, Re, 266 
 Brent, Re, 27, 62 
 Brentnall, Re, 256 
 Brewer, Re, 65, 70 
 Brewood Rly. Co., Re, 53 
 Briant v. Dennett, 20 
 Bridport Brewery Co., 160 
 Brighton Club Co., 155 
 
 Hotel Co., 157, 179 
 Brignall v. Whitehead, 16 
 Briscoe, Re, 83 
 Bristed v. Wilkins, 295 
 Bristol, &c., Re, 59 
 School, Re, 82 
 
 - and Somerset Rly., 204, 205 
 British Alliance Corp. (W. N. 1877, 261), 
 
 165, 169 
 
 (9Ch. D. 635), 158, 
 165, 178, 186 
 
 - and Foreign Gas Co., 14, 156, 181, 
 
 182 
 
 - Imperial Ass. Co., 166 
 
 Corp., 6 
 
 Britten v. Britten, 30 
 
 Broadwood, Re (8 L. T. N. S. 632), 35 
 (1 Ch. D. 438), 69 
 (L. R. 7 Ch. 323), 132 
 
 Broke, Exp., 85 
 
 Brompton Waterworks, Exp., 48 
 
 Brooke v. Mostyn, 299 
 
 Brookes v. Purton, 16 
 
 Brooking, Re, 83 
 
 Brookman, Re (1 Mac. & G. 199), 7 
 
 Brookman, Re (1 H. & T. 435), 272 
 Brown, Re (13 W. R. 677), 25 
 
 (9 Jur. N. S. 349), 141 
 
 (L. R. 4 Eq. 464), 214 
 Brown v. Fenwick, 78 
 
 r. Keeble, 155, 156 
 
 v. Pennefather, 122 
 
 v. Trotman, 210 
 Browne, Re, 64 
 Browse, Re, 58 
 Bryan v. Mansion, 32 
 Bryant, Re, 35 
 
 Buck, Exp., 88 
 Buckingham, Re, 65 
 
 Rly. Co., Re, 66 
 Buckley, Re, 29 
 
 Bulkeley v. Eglinton, 255 
 
 v. Schutz, 163 
 Bulley v. Bulley, 211 
 Bumpton, Exp., 282 
 Bunnett, Re (1 Jur. N. S. 921), 10 
 
 (10 Jur. N. S. 1098), 266, 
 
 267 
 
 Burdin, Re, 97, 98 
 Burgess, Re, 256 
 Burley, Re, 122 
 Burnell, Re, 59, 84 
 Burt, Re, 262 
 Bute, Re, 246 
 Butler, Re (L. R. 16 Eq. 479), 69 
 
 (L. R. 1 Ch. 607), 285 
 Butlin, Re, 298 
 
 Butterfield, Re, 85, 86 
 Bwlch-y-PlwmCo., 158 
 Byam v. Button, 28 
 Byron, Re, 86 
 
 0. 
 
 C , Re, 273 
 
 Caddick, Re, 60 
 
 Caerphilly Colliery Co., 159 
 
 Cakemore, &c., Co., Re, 342 
 
 Calne Rly. Co., 149, 150 
 
 Cambrian Rly. Co., 204 
 
 Cambridge (Corp. of), Exp., 63 
 
 'Camel, Re, 66 
 
 Campbell, Re, 256 
 
 Cann, Re, 64 
 
 Cant, Re, 85, 86 
 
 Canterbury (Archbp. of), Exp., 25, 62 
 
 Capper, Exp., 168 
 
 Cardiff Coal Co. v. Norton, 1 55 
 
 Cardross, Rf, 266 
 
 Carlyon v. Truscott, 97 
 
 Carmarthen, &c., Exp., 89 
 
 Carmarthenshire, &c., Iron Co., 184 
 
 Carnarvonshire Slate Co., 183
 
 XVI 
 
 TABLE OF CASES. 
 
 Carney, Re, 82 
 Carpenter, Re, 247 
 Carpmael v. Proffit, 81 
 Carr, Re, 100 
 Carr v. Eastabrook, 29 
 Carter v. Sebright, 263 
 Cart wright, Re, 10 
 Cater, lie, 43 
 
 Catholic Publishing Co., 155 
 Catlow v. Catlow, 210 
 Cattlin, Re, 216 
 Cave, Exp., 87 
 Cawthorne, Re, 41, 42 
 Cazneau, Re, 37, 43 
 
 Chamberlain, Re (22 Beav. 286), 21, 36 
 (23 W. R. 852), 98, 117 
 Chambers, Re, 102, 106, 109, 122 
 Champneys v. Burland, 148 
 Chaplin, Re, 14 
 Chauncey, Re, 254 
 Chawner, Re, 266 
 Chelsea Waterworks, Re, 66 
 Cheltenham, &c., Carriage Co., 172, 177 
 Chennell, Re, 44 
 Cheshire, Re, 151 
 Cheshunt Coll., Re, 64 
 Chilcott, Re, 121 
 Chipping Sodbury, Re, 238 
 Christchurch (Dean of), Exp., 74, 86 
 Christie v. Ovington, 244 
 Christ's Hosp., Exp. (12 W. R. 669), 81 
 
 (L.R. 20 Eq. 605), 81 
 
 (2H. &M. 166), 86 
 (27 W. R. 456), 86 
 Church v. Marsh, 17 
 Churchward v. Reg. , 290 
 City and County Bank, 157, 167, 170, 178 
 - Glass Co., 184 
 of London Ass., 174 
 Clare, Re, 270, 273 
 Clark, Re, 96, 138 
 
 v. Simpson, 14 
 
 v. Ward, 256 
 
 Clarke, Re (13 W. R. 401), 23, 70 
 
 (10 L. T. N. S. 366), 57 
 
 (6 W. R. 812), 57, 9 
 
 (8 Sim. 34), 237 
 
 Exp. (Jac. 589), 285 
 
 v. Fenwick, 26 
 
 v. Woodward, 31 
 Clay, Re, 246 
 
 Claypole (Rector of), Exp., 66, 67 
 Clements, Re, 274 
 Clergy Orphan Corp., Re, 265 
 Cleveland (Duke of), Re (2 L. T. N. S. 
 
 78), 129 
 _ _ _ (IDr. &S. 46), 
 
 7, 59 
 
 Cleveland (Duke of), Re, (1 Dr. & S. 481 ), 
 84, 124 
 
 (Duchess of), Re, 100 
 Clinton, Re, 26, 62 
 
 Clissold, Re, 255 
 Clitheroe, Re, 124 
 Clough, Re, 114 
 Clntton, Exp., 255, 256 
 
 v. Lee, 310 
 Cochrane v. Fearon, 5 
 Cockayne v. Harrison, 210 
 Cockburn v. Peel, 94 
 Codrington, Re, 62 
 Cofield. Exp., 58 
 Coghlan's Case, 174 
 Coleman, Re, 29 
 
 Coles v. Benbow, 250, 251 
 Collett v. Collett, 97 
 Collingwood, Re, 247 
 Collins, Re, 62 
 Collinson v. Collinson, 262 
 Collis, Re, 72 
 Colson, Re, 38, 39 
 Colyer v. Colyer, 310 
 Commercial Bank of India, 163 
 
 Discount Co., 181 
 Conduit v. Soane, 37 
 Consolidated Bank, 183 
 Constantinople Hotels Co., 182 
 Conybeare, Re, 255, 256 
 Conyers School, Re, 240, 254 
 Cook, Re, 267 
 
 Coombes v. Brookes, 260 
 
 Cooper, Exp. (2 Dr. & S. 312), 86 
 
 Re (2 K. & J. 256), 37, 43 
 
 (W. N. 1873, 87), 265 
 - v. Jones, 247 
 
 v. Knox, 16 
 
 v. Macdonald, 253 
 Cope, Re, 266 
 
 Corbett, Re, 121 
 
 Cork and Youghal Rly. Co., Re, 170 
 
 Corpus Christi College, Exp., 86 
 
 Costa Rica v. Erlanger, 186 
 
 Cotterill, Re, 303 
 
 Cotton, Re, 266 
 
 Coulson, Re, 26 
 
 Coulsting v. Coulsting, 310 
 
 Courtois, Re, 38 
 
 Coventry (Justices of), 33 
 
 Covington, Re, 42 
 
 Cowbridge Rly. Co., 149 
 
 Cox v. Bennett, 234 
 
 Coyte, Re, 65 
 
 Crabtree, Re (L. R. 10 Ch. 203), 114, 119 
 
 (14 W. R. 497), 263 
 Craddock, Re, 20 
 Crane, Re, 58, 73, 84
 
 TABLE OF CASES. 
 
 XV11 
 
 Craven, Exp,, 65 
 
 Credit Foncier, 180, 191 
 
 Creech (Vicar of), Exp., 85 
 
 Croker, Re, 66 
 
 Crompe, Re, 271 
 
 Cross's Charity, Re, 100, 122 
 
 Croughton, Re, 4, 20, 22 
 
 Crowe, Re, 245, 260 
 
 Croxton v. May, 24 
 
 Crump, Re, 22 
 
 Crystal Palace, Re, 75, 79 
 
 Cull, Re, 41, 42 
 
 Cuming, Re, 247 
 
 Gumming, Re, 275, 276 
 
 Cunard, Re, 255 
 
 Cundee, Re, 118 
 
 Currie, Re, 248, 251, 257, 285 
 
 Curtis, Re (7 W. R. 474), 225 
 
 (Ir. R. 5 Eq. 429), 255 
 
 v. Price, 128 
 Cust v. Middleton, 102 
 Cutler, Re, 35 
 Cwmsymlog Co., 174 
 
 D. 
 
 D'ADHEMAR v. Bertrand, 255, 256 
 Dalgleish, Re, 244, 246, 247, 253 
 Dalton, Re (1 D. M. & G. 265), 35 
 
 (6 D. M. & G. 201), 228 
 Dartmouth Rly. Co. , Re, 25, 49 
 Dashwood, Exp., 79 
 
 Davenant, Re, 62 
 Davenport, Re, 254, 256 
 David, Re, 214 
 Davidson v. Leslie, 221 
 Davies, Exp. (16 Jur. 882), 263 
 
 Re (3 Mac. & G. 278), 248, 254 
 Davis, Re (3 De G. & J. 144), 65 
 
 (L. R. 12 Eq. 214), 253, 256 
 
 v. Chanter (6 W. R. 416), 247 
 
 (4 Jur. N. S. 272), 
 
 251, 253 
 
 Dawson, Re (3 N. R. 397), 253 
 (6 N. R. 346), 256 
 
 v. Newsome (2 Giff. 272), 300 
 
 (8 W. R. 725), 
 299 
 
 v. Thompson, 233 
 De Beaumont, Exp., 29 
 De Beauvoir, Re, 80 
 
 Dee, Exp., 162 
 
 De Feucheres v. Dawes, 16 
 
 De la Touche, Re, 35 
 
 Dendy, Re, 117 
 
 Dennis, Re, 265, 267 
 
 Dennison, Re, 249 
 
 Derby Municipal Estates, Re, 63 
 
 Dereham (Vicar of), Exp., 60 
 
 Desborough v. Harris, 42 
 
 De Tabley (Lord) r Re, 132 
 
 Devon Rly. Co., Re, 206 
 
 Devonshire, Re, 11 
 
 D'Eyncourt v. Gregory, 98 
 
 Diamond Fuel Co. (W. N. 1878, 11), 
 
 167, 183 
 (W. N. 1879, 180), 
 
 187 
 
 Dickinson, Re, 255 
 Dickson, Re (1 Sim. N. S. 37), 43 
 
 (W. N. 1872, 223), 251 
 Dinning v. Henderson, 83 
 Disderi&Co., 180 
 Disney, Re, 35 
 Dixon, Re, 25 
 
 v. Jackson, 65, 81 
 
 v. Morley, 36 
 Dodd, Re, 80 
 Dodkin v. Brunt, 253 
 Doe v. Radcliffe, 100 
 Domvile, Re, 39 
 Doncaster Building Soc., 180 
 Donisthorpe, Re, 252, 257 
 Donne v. Lewis, 309 
 Doolan v. Midland Rly., 162 
 Doming, Re, 106 
 
 Douglas v. Douglas, 299 
 
 Dowling, Re, 58, 59, 61, 62, 80, 84, 94 
 
 Downing v. Picken, 28 
 
 Drake v. Trefusis, 65, 67, 124 
 
 Draper, Re (9 W. R. 805), 243, 250 
 
 (2 W. R. 440), 261 
 Dresser v. Morton, 311 
 Drewe, Re, 255 
 Drewery, Re, 29 
 Driver, Re, 254 
 Duckle, Exp., 60 
 Dummer, Re, 67 
 DunaburgCo., 189 
 Dundas, Re, 23 
 Dunn v. Dunn, 312 
 Dunraven Coal Co. (24 W. R. 37), 14 
 
 Re (10 W. R. 56), 57, 61, 82 
 Dyce Sombre, Re (1 Mac. & G. 116), 
 
 282 
 
 (1 Phil. 436), 283 
 
 Dylar, Re, 81 
 
 Dynevor Duffryn Co. (W. N. 1878, 199), 
 11 
 
 Dyffryn, &c., Co. (11 Ch. D. 
 
 605), 19.9 
 
 E. 
 
 EADT v. Watson, 33 
 Early, Re, 271
 
 XV111 
 
 TABLE OP CASES. 
 
 East, Re (2 W. R. Ill), 67 
 
 (L. R. 8 Ch. 735), 260 
 
 Cambrian Gold Mining Co., 176, 
 
 180 
 
 Llangynog Co., 185 
 
 & West Junction Rly., 204 
 Eastern Counties Rly. v. Tufnell, 87 
 Ecclesall, Re, 238 
 
 Ecclesiastical Commrs., Exp. (39 L. J. 
 
 Ch.623),79 
 
 (W. N. 1873, 
 
 173), 86 
 (13W.R. 575), 
 
 82, 86 
 Eden v. Naish, 300 
 
 v. Thompson, 82, 83 
 Edmunds, Exp., 79 
 
 Edward Sixth Almshouses, Re, 59, 60 
 Edwards, Re, 297 
 
 v. Abrey, 25 
 
 v. Harvey, 27 
 Egremont, Re, 71 
 Eldridge, Re, 214 
 
 Electric Telegraph of Ireland, 161 
 Elliott, Re, 41, 43 
 
 v. Remmington, 30 
 Ellis, Re, 249, 250 
 
 Ellison, Exp. (2 Y. & C. Ex. 528), 
 69 
 
 Re (2 Jur. N. S. 62), 255 
 Elmore, Re, 268 
 
 Elmslie, Re, 214 
 
 Elrington v. Elrington, 31 
 
 Elsworthy v. Wickstead, 22 
 
 Emmerson's Case, 172 
 
 Empire Assurance Corp., 181 
 
 English, Re, 86 
 
 Equitable Soc. v. Fuller, 95 
 
 Erskine, Re, 42 
 
 Estate Co. (L. R. 5 Ch. 407), 189 
 
 Estates Investment Co. (L. R. 8 Eq. 227), 
 
 186 
 Etna Insurance Co. (26 W. R. 718), 
 
 186 
 (Ir. R. 7 Eq. 362), 
 
 187 
 
 Eton College, Exp., 81, 82 
 EupiouGasCo., 188 
 European Banking Co., 166, 181, 183, 
 184 
 
 Life Ass. (L. R. 9 Eq. 122), 
 
 153, 156, 158 
 (L. R. 10 Eq. 403), 
 
 167 
 
 Evans, Re, (L. R. 7 Ch. 609), 40, 42 
 (42 L. J. Ch. 357,) 68 
 (2 M. & K. 318), 138 
 (30 Beav. 232), 266 
 
 Everton Building Soc., 176 
 Ewart v. Chubb, 30 
 Exmouth Docks Co., 161, 167 
 Eyles ;;. Ward, 16 
 Eyre, Re (4 K. & J. 268), 108 
 
 (2 Phil. 367,) 214 
 
 v. Countess of Shaftesbury, 233 
 
 v. Saunders, 98 
 
 F. 
 
 -, Re, 273 
 
 Fadelle v. Bernard, 299 
 
 Fagg, Re, 41, 42 
 
 Faithfull v. Ewen, 212 
 
 Family Endowment Soc., 161, 162 
 
 Faning, Re, 266 
 
 Farington, Re, 214 
 
 Fan-ant, Re, 260 
 
 Faulder, Re, 247 
 
 Faversham, 26, 68 
 
 Fell v. Jones, 29 
 
 Fellows, Re, 259, 263 
 
 Feltham, Re, 42 
 
 Fernyhough v. Naylor, 11 
 
 Ferrior, Re, 285 
 
 Fiddey, Re, 210 
 
 Field, Re, 214, 215 
 
 v. Brown, 234 
 
 v. Carnarvon Rly., 88 
 
 v. Tarner, 273 
 Fielden v. Hornby, 22 
 Finch, Re, 59, 84 
 
 Fire Annihilator Co., 159 
 Fisher, Re, 246 
 
 v. Fisher, 78 
 
 v. Coffey, 12 
 Fitzgerald, Re, 285 
 
 v. Pringle, 303 
 Flack, Re, 38 
 Flagstaff Co., 156, 177 
 Flamank, Exp., 76 
 Flemon, Re, 62 
 Fletcher, Exp., 40 
 Flitcroft, Re, 247 
 Flower, Exp., 78, 88, 90 
 Fluker, Re, 214 
 Foligno, Re, 43 
 Fooks, Re, 89 
 Ford Re (L. R. 8 Eq. 309), 99, 
 
 102 
 
 Exp. (5 D. M. & G. 35), 214 
 Forster v. Abraham, 256 
 Fortune Copper Mining Co, 173, 176 
 Fosbury, Re, 39 
 Foster, Re, 310 
 
 v. Dawber, 262
 
 TABLE OF CASES. 
 
 XIX 
 
 Foster v. Foster, 125 
 Fowey, He, 237 
 Fowlser, Exp., 239 
 Fox v. Amhurst, 69 
 Foxon v. Gascoigne, 211 
 Foy, Re, 62 
 Foyard, Re, 35 
 Frank v. Mackay, 298 
 French, Exp. (7 Sim. 510), 303 
 Re (L. R. 3 Ch. 317), 280 
 
 (L. R. 15 Eq. 68), 265, 267 
 Friendly Soc., Exp., 238 
 Fryer, Re, 62 
 Fust, Re, 275 
 Futvoye v. KennarJ, 259 
 
 (I. 
 
 GAITSKELL, Re, 213 
 
 Galliers v. Met. Rly. Co., 75 
 
 Galpine, Re, 272 
 
 Gamston (Rector of), Exp. , 66 
 
 Garden, Re, 264 
 
 Gardner, Re, 243, 257 
 
 v. Cowles, 139, 249, 250 
 
 V. London, &c., 149 
 Garnett v. Bradley, 13, 78 
 Garratt, Re, 266 
 Gartside, Re, 253 
 Gaskell, Exp., 86 
 
 Gedye, Re, 216 
 
 General Exchange Bank (4 R. 4 Eq. 138), 
 
 167, 185 
 _ _ _ (14 L. T. N. S. 
 
 582), 172 
 
 International Co., 184 
 Gibbons v. Kibbey (10 W. R. 55), 22, 
 
 69 
 (7 Jur. N. S. 1298), 
 
 23 
 
 Gibson, Re, 29 
 Gilbert, Exp., 285 
 
 v. Endean, 300 
 Gill, Re, 258 
 
 Gillett, Exp. (3 Madd. 28), 55, 56 
 Re (W. N. 1876, 251), 253 
 Giraud, Re, 254 
 Gledstanes, Re, 34 
 Globe Steel Co., 156 
 Gloucester Charities, Re, 254, 258 
 
 (Dean of), Exp., 74 
 Glover, Exp., 273, 281 
 Godmanchester School, Re, 240 
 Goe, Re, 80 
 
 Gold Co., Re, 159, 167, 188 
 Goldsmith v. Goldsmith, 311 
 Gombault, Re, 12 
 
 Gooch, Re, 68 
 
 Goodwin, Re, 98, 107 
 
 Gordon, Re (W. N. 1876, 257), 3 
 
 (2 Phil. 242), 282, 283 
 Gore Langton, Re L 13, 84, 85 
 Gough v. Bage, 258 
 
 v. Herbert, 300 
 Gover v. Stillwell, 33 
 Graham, Re, 230 
 Grant, Re, 264 
 
 v. Grant, 26 
 
 t>. Holland, 222 
 
 v. Yea, 147 
 Gravenor, Re, 146, 147 
 Gray, Re, 108 
 
 v. Paull, 299. 
 Graydon, Re, 147 
 
 Great Northern Mining Co., 158 
 
 Rly. Co., Exp. (L. R. 9 
 
 Eq.274),48 
 
 (6 Rail. Ca. 
 
 738), 69 
 (16 Sim. 169), 
 89 
 
 Yeldham, Re, 87 
 Greaves, Re, 7 
 
 Green, Re (2 Coop. T. L. C. 163), 272 
 
 (2 D. F. & J. 121), 267 
 
 (6 Jur. N. S. 530), 267 
 
 (L. R. 10 Ch. 272), 260 
 
 v. Angell, 62, 94 
 Greene, Re, 98, 105 
 Greenland, Re, 38 
 Greenwood v. Greenwood, 21 
 Gregg, Re (L. R. 9 Eq. 137), 215 
 
 (23 L. T. N. S. 234), 270 
 Gregson, Re, 85 
 
 Grey v. Jenkins, 98, 127 
 
 Griffiths v. Griffiths, 222 
 
 Grimoldby (Rector of), Exp., 66, 67 
 
 Groom, Re, 248 
 
 Grossett, Re, 280 
 
 Grove, Re, 35 
 
 Grundy v. Buckeridge, 261 
 
 Guibert, Re, 255 
 
 Guilden Sutton (Incumbent of), Exp., 57, 
 
 78, 79 
 
 Gunson v. Simpson, 259 
 Gynn v. Gilbard, 22 
 
 H. 
 
 HADLEY, Re, 252 
 Hair, Re, 214, 215, 216 
 Hakewill, Exp., 225, 311 
 Hall, Re (L. R. 9 Eq. 179), 68 
 (14 Beav. 115), 237, 238 
 
 b 2
 
 XX 
 
 TABLE OF CASES. 
 
 Hall v. Laver, 211 
 
 Halliday, Re (L. R, 12 Eq. 199), 132 
 
 (17 Jur. 56), 224, 225 
 Halsall, Re, 214 
 Halsey, Re, 60 
 Halstead Charities, Re, 84 
 Ham, Re, 42 
 Hamer v. Giles, 210 
 Hamilton v. Arrowsmith, 30 
 Hancox v. Spittle, 247, 251 
 Haney, Re, 6, 41 
 Hanson, Re, 240 
 Harborough, Exp., 79 
 Hardwicke (Earl), Exp., 80 
 Harfold, Re, 246, 254, 255, 256 
 Hargreave, Re, 99, 109 
 Hargrove & Co., 162, 164 
 Harris, Re (8 Jur. N. S. 166), 12 
 
 Exp, (11 L. J. Bank. 16), 260 
 
 v. Start, 16 
 Harrison, Re (Seton, 516), 247 
 
 (22 L. J. Ch. 60), 253 
 
 v. Borwell, 32 
 
 v. Smith, 256 
 Harrop, Re, 76 
 
 Hartington (Rector of), Exp., 66 
 Hartland v. Atcherley, 7 
 Hartnall, Re, 249 
 Harvey, Re, 244 
 
 v. Clark, 96, 227 
 
 v. Trenchard, 287 
 Hastie v, Hastie, 205 
 Hattatt, Re, 256 
 
 Hatton v. Haywood, 148, 150 
 Havelock, Re, 10 
 Hawke, Re, 21, 37, 40 
 Hawkins, Exp., 76 
 Haycock, Re, 41, 42, 43 
 Hayes, Re, 69 
 Haymes v. Cooper, 212 
 Hayne, Re, 86 
 Haynes v. Barton, 83 
 Hayward v. Pile, 152 
 Heaphy, Re, 252 
 Hellmann, Re, 25 
 Heming, Re, 42 
 Hemingway, Re, 106 
 Hemsley, Re (L. R. 16 Eq. 315), 121 
 (43 L. J. Ch. 72), 124, 125, 
 
 127 
 
 Henchy, Re, 99 
 Henniker v. Chafy (35 Beav. 124), 59, 84 
 
 (23 Beav. 621), 83 
 Herbert, Re, 251 
 Hereford, &c., Re (13 W. R. 134), 82 
 
 Co. (L. R. 17 Eq. 
 
 423), 177 
 Heritage, Re, 214 
 
 Herne Bay Waterworks Co. (10 Ch. D. 
 42), 161, 
 167 
 
 (W.N.1878, 
 199), 178 
 
 Herring v. Clark, 257 
 
 Hertford v. Suisse, 16 
 
 Hey, Re, 247 
 
 Hickman v. Upsall, 31 
 
 Higgs v. Schrader, 210 
 
 Hill, Re, 255 
 
 Billiard, Re, 124 
 
 Hinings v. Hinings, 28 
 
 Hislop v. Wykeham, 10 
 
 Hitchin, Re, 71 
 
 Hoare, Re, 35 
 
 Hobson, Re, 67 
 
 Hodge, Re, 82 
 
 Hodges, Re, 19, 36, 40 
 
 Hodgson, Re (2 Eq. Rep. 1083), 40 
 
 (11 Ch. D. 888), 248, 257 
 Hodson, Re, 252 
 
 Hogan, Re, 270 
 
 Holbrook, Re (8 W. R. 3), 250 
 
 (5 Jur. N. S. 1333), 256 
 Holcombe v. Antrobus, 16 
 
 Holden, Re, 69 
 
 Hole, Re, 110 
 
 Holland, Re (I Phil. 379), 56 
 
 (19 Beav. 314), 213, 214 
 ' v. Q wynne, 213 
 Hollick, Exp., 59 
 Hollier v. Burue, 152 
 Hollinsworth, Exp., 68, 76 
 Holman, Re, 90 
 Holme v. Guy, 26, 68 
 Holmes v. Reg., 290 
 Holt v. Everall, 297 
 Holtham (Lord), Re, 266 
 Holyland, Exp., 282, 283 
 Holy well (Rector of), Exp., 66, 82 
 Home Ass. Ass. (L. R. 12 Eq. 112), 157, 
 
 186 
 (L. R. 12 Eq. 59), 177, 
 
 178 
 
 Hooke, Re, 117 
 Hooper, Re, 266 
 Hop & Malt Co., 154 
 Hopewell v. Barnes, 293 
 Hopkin v. Hopkin, 270 
 Horbury Bridge Coal Co., 157, 183 
 Hore, Re, 85 
 Horn, Re, 97 
 Horton, Re, 121 
 Horwood, Re, 68 
 Hoskin, Re, 43, 44 
 Hoskins, Re, 261 
 Household Insurance Co., 6
 
 TABLE OF CASES. 
 
 XXI 
 
 How, Re, 27 
 Howard, Re, 247 
 
 v. Kay, 55 
 Howson v. Trant, 149 
 Hoyle Re, 106 
 Hubbard v. Hubbard, 251 
 Hue, Re, 41 
 Hull, &c., Re, 83 
 
 & County Bank, 183 
 
 & Hornsea Rly. Co., 149, 150 
 Humber Ironworks Co., Re, 171, 183, 184 
 Humphrey, Re, 252 
 
 Hungerford, Re (1 K. & J. 413), 58, 62 
 (3 K. & J. 455), 58, 84 
 
 Hunt v. Peacock, 55 
 
 Huntley v. Clutterbuck, 258 
 
 Hurd v. Hurd, 95 
 
 Hurle, Re, 104, 109, 127, 129, 134 
 
 Hutchinson, Re (1 D. & S. 27), 37, 43 
 (12 Jur. N. S. 244), 103, 
 
 104 
 v. Stephens, 244 
 
 Hutley, Re, 11 
 
 I. 
 
 ILDERTON, Re, 214, 216 
 
 Illman, Re, 68 
 
 Imperial Anglo-German Bank, 162 
 
 Bank of China, 159 
 Ingram, Re, 94, 95 
 Inns of Court Hotel, 160 
 Insole, Re, 23 
 Insurance Co., An, 177 
 International Contract Co. (14 L. T. N. S. 
 
 726), 157 
 (26 L. T. N. S. 
 
 358), 199 
 
 Inventor's Assoc., 173, 175 
 Ireland v. Trembaith, 23 
 Irrigation Co., 158, 159 
 Isaac v. Gompertz, 20 
 Isle of Wight Ferry Co., 161 
 Ives, Re, 117 
 
 J. 
 
 J. C., Exp., 235 
 
 Jackson v. Mawby, 234 
 
 James v. Reg. (5 Ch. D. 153), 290 
 
 - (L. R. 17 Eq. 503), 292 
 Jameson, Exp., 55, 56 
 Jannan, Exp., 214, 215 
 Jarvis, Re, 254 
 Jefferson v. Warrington, 214 
 Jeffreys v. Connor, 73 
 
 Jeffryes v. Drysdale (9 W. R. 428), 256 
 (7 Jur. N. S. 667), 
 257 
 
 v. Smith, 27 
 Jenkins, Re, 36 
 
 v. Bryant, 223 
 Jennings v. Johnson, 217 
 Joad v. Ripley, 18 
 Johnson, Re, 59, 66 
 
 v. Burgess, 148, 150 
 Joint Stock Coal Co., 157, 171, 181 
 
 &c., 170 
 
 Jolliffe, Re (L. R. 9 Eq. 668), 27, 57, 61, 
 .80 
 
 (W. N. 1868, 56), 27, 61 
 
 Ezp. (8 Beiv. 168), 55 
 
 Re (3 Jur. N. S. 633), 86 
 Jones, Re (W. N. 1866, 65), 28 
 
 (3 Drew. 679), 41, 42 
 (39 L. J. Ch. 190), 64, 80 
 (18 W. R. 312), 64, 84 
 (4 Jur. N. S. 581), 78 
 (6 W. R. 762), 81 
 (5 Jur. N. S. 138), 105, 106 
 
 (22 W. R. 837), 259 
 
 (2 Ch. D. 70), 260, 264 
 
 (2 D. P. & J. 554), 264 
 
 v. Frost, 211 
 
 . James, 259 
 
 v. Lewis, 4 
 
 Justice, Courts of,Re(W. N. 1867, 148), 
 26 
 
 (W. N. 1868, 124), 
 
 85 
 
 K. 
 
 KEANE, Re, 210 
 
 Keeler, Re, 246 
 
 Keen, Re, 10 
 
 Kelland v. Fulford, 61, 125 
 
 Kelsall v. Minton, 28 
 
 Kelson v. Kelson, 8 
 
 Kensington Station Act, Re, 51 
 
 Kentish Royal Hotel Co., Re, 176 
 
 Town Estate, Re, 105, 121 
 Kerr, Re, 42 
 Kershaw, Re, 266 
 Kidd v. Tallentire, 148, 149, 150 
 Kilmorey, Earl of, Re, 120, 121, 132 
 King's Coll., Re, 82 
 Kington Rly. Co., 204 
 Kinsey, Re, 70 
 Kirk v. Reg., 291 
 Kirkpatrick, Re, 303 
 Kitton, Re, i!14 
 Knapping v. Tomlinsou, 23 
 Knight, AY, 43
 
 XX11 
 
 TABLE OF CASES. 
 
 Knight v. Knight (16 Beav. 358), 21 
 
 (W. N. 1876, 114), 
 
 245 
 Knowles, Re, 265 
 
 L. 
 
 LAING, Re, 98 
 
 Lake v. Eastern Counties Rly., 87 
 
 Lambert v. Hutchinson, 294 
 
 v. Newark, 20 
 Lambeth, Rector of, Exp., 74 
 Lambie v. Lambie, 21 
 Lamotte, Re, 248, 257 
 Lancashire, &c., Re, 64 
 Land Credit Co., 163 
 
 - & Sea Telegraph Co., Re, 170 
 Langford, Re, 94, 95 
 Lungham Skating Rink Co., 154, 153, 
 
 159 
 
 Lang] ey Mill Co., 157 
 Lapworth, Re, 57, 60, 61, 64 ; 82 
 Larkin, Re, 267 
 Lasseur v. Tyrconnel, 28 
 Lathropp, Re (L. R. 1 Eq. 467), 81 
 
 (14 W. R. 326), 79 
 Lathropp's Charity, Re, 66 
 Latta, Exp., 5, 186 
 Laugharne Rly. Co., Re, 51, 52 
 La veil, Exp., 55 
 Law& Gould, Re, 214 
 Lawrence, Re, 39 
 
 v. Fletcher, 210 
 
 v. Maule, 56 
 
 v. Richmond, 309 
 Lawson, Exp., 79 
 Lazarus, Re, 38 
 Leadbitter, Re, 214 
 
 Leaf v. Coles, 283 
 Lechmere v. Clamp, 244 
 Lees, Re, 266, 268 
 Leese v. Knight, 7 
 Legge, Re, 120 
 Legh, Re, 138 
 
 Leigh, Re, 58, 65, 81, 85, 86 
 Leslie, Re, 266, 268 
 Letchford, Re, 138 
 Levett, Re, 38 
 
 Lewes, Re (L. R. 6 Ch. 356), 31 
 (1 Mac. & GK 23), 264 
 Lewin, Re, 216 
 Lewis, Re (24 W. R. 103), 134 
 
 (1 Q. B. D. 724), 217 
 
 v. Hillman, 36 
 Lilley, Re, 58 
 
 Lincoln (Mayor of), Exp., 85 
 
 Methodist Chapel, Re, 256 
 Lindsay v. Tyrrell, 310 
 
 Lister's Hos., Re, 26, 68, 238 
 Little, Re, 259 
 
 Littlehampton Steamship Co. (34 L. J. 
 Ch. 237), 158 
 
 (2 D. J. & S. 
 
 521), 168 
 
 Littlewood v. Pattison, 73 
 Liverpool, Re, (1 Sim. N. S. 202), 64 
 (L. R. 5 Eq. 582), 88 
 
 (Corp. of), 65, 66 
 
 (Rector of), Exp., 67 
 Llangynog Co. , 5 
 
 Lloyd v. Johnes, 128 
 Lockwood, Exp., 66, 72 
 London Alkali Co., 166 
 
 Bank of Scotland, 160 
 (Bishop of), Exp., 63, 80, 85, 86 
 Brighton, &c., Re, 80 82, 85, 239 
 & Caledonian Co., 162 
 Chatham & Dover Rly. Co. , Exp. 
 
 (8 W. R. 636), 25, 49, 89 
 Chatham, &c., Exp. (W. N. 
 1868, 75), 88, 89 
 
 (Corp. of), Exp. (W. N. 1878, 
 
 238), 25 
 
 (Corp. of), Exp. (L. R. 5 Eq. 
 418), 63, 86 
 
 & County Coal Co., 154, 155, 
 
 158 
 
 Tramways, Re, 62, 
 53 
 
 Discount Co., 159 
 India-Rubber Co., 169, 171 
 
 & Manchester Ass., 166 
 
 Marine Ass., 164 
 
 (Mayor of), 5 
 
 & Mediterranean Banking Co., 
 160 
 
 & Paris Banking Corp., 155 
 &S. W. Rly. Co., Re, 80 
 
 Suburban Bank, 166 
 
 & Westminster, Ac., Co. (1 H. & 
 M. 561), 170 
 
 & Westminster, &c., Co. (12 W. 
 
 R. 6), 173 
 
 & Westminster, &c., Co. (17 L. 
 
 T. N. S. 559), 176 
 Long, Re (I W. R. 226), 73, 79 
 
 (10 Jur. N. S. 417), 78, 83 
 
 17 W. R. 218), 255, 266 
 Longuet v. Hockley, 33 
 Longworth, Re, 85 
 
 Lonsdale Vale Co., 157, 159 
 
 Lorenz, Re, 266 
 
 Lorimer, Re, 41 
 
 Loughton (Rector of), Exp., 70, 82 
 
 Lovat v. Duke of Leeds, 106 
 
 Love band, Re, 182
 
 TABLE OF CASES. 
 
 XX111 
 
 Lowe, Exp., 60 
 
 Lowestoft Tramways, Re, 52, 53 
 
 Lowry, He, 81, 87, 246 
 
 Lows, Exp., 8 
 
 Lucas v. Dalziel, 230 
 
 - v. Peacock, 211 
 Lucllow (Corp. of) v. Greenhouse, 237, 
 
 239, 240, 241 
 
 Lymington Baptist Chapel, Re, 66, 67 
 Lyster v. Dolland, 149 
 
 M. 
 
 M'CAKTHY, Re, 250 
 
 Macaulay, Exp., 64 
 
 Macfarlane, He, 37 
 
 Mackenzie v. Mackenzie, 249, 256 
 
 Mackintosh, Re, 266 
 
 Maclean, Re, 4'2 
 
 v. Dawson, 309 
 Maddy v. Hale, 74, 152 
 Madras Coffee Co., 159 
 Madrid Rly., 163 
 Magdalen, &c., Re, 237 
 Mair, Re, 60 
 Mais, Re, 253 
 Mallin, Re, 108 
 Mallorie, Re, 272 
 Manchester Burial Board, Re, 82 
 
 &c., Re (8 Hare 31), 58 
 
 (21 Beav. 162), 63, 
 80 
 
 Assoc., 173, 174 
 
 (Dean of), Exp., 63, 80, 85 
 
 New Coll., Re, 236, 237, 
 
 238 
 
 Queensland Co., 159 
 
 Rly., Re, 87 
 Manning, Re, 246, 247, 254 
 Mansfield v. Green, 28 
 Manson, Re, 134 
 
 Marezzo Marble Co., Re, 169, 170 
 
 Mark, Re, 80 
 
 Marlborough Club Co. (L. R. 1 Eq. 216), 
 
 172 
 (L. R. 6 Eq, 519), 
 
 185 
 
 (Duke of), Re, 71, 72 
 Marman, Re, 29 
 Marner, Re, 40, 42, 129 
 Marriage, Re, 75 
 Marriott, Re, 255 
 Marron &c. Co., 181, 182 
 Marshall, Re, 121, 132 
 Marsham, Re, 32 
 Martin, Exp., 56 
 
 v. London, Chatham, &c, 89 
 
 Martinez, Re, 254 
 
 Maryleboue, Re, 75, 78 
 
 Mason, Re (L. R. 12 Eq. Ill), 42 
 
 (W. N. 1872, 77), 65, 81 
 
 (L. R. 10 Ch. 273), 243, 
 
 257 
 
 Masselin, Re, 36 
 Massey v. Allen, 5 
 Matthew, Re, 260 
 Matthews, Re, 253, 255 
 Maude v. Maude, 10 
 Mawe v. Heaviside, 22 
 Maynard, Re (7 Jur. N, S. 232), 92 
 
 (16 Jun, 1084), 259 
 Meares, Re, 273 
 
 Medow, Re, 10 
 
 Melling v. Bird, 14, 82, 83 
 
 Mellor, Re (6 Ch. D. 127), 297 
 
 (7 Ch. D. 200), 297 
 Mennard v. Welford, 253 
 Merceron, Re, 78, 87 
 
 Mercers' Co., Exp. 13, 78, 87, 242 
 
 Merchant Tailors, Re, 81 
 
 Merchants' Ass. Soc. , 164 
 
 Merry, Re, 116 
 
 Metcalfe, Re, 37 
 
 Metropolitan Omnibus Co., 179 
 
 Metropolitan Rly., Re, 26, 62, 80 
 
 v. Warehousing Co. , 154 
 Warehousing Co., 179 
 Mette, Re, 74 
 Mewburn, Re, 119 
 Meyrick v. Lawes, 3 
 
 v. Laws, 61 
 Michell, Re, 15 
 
 Middlesborough Assembly Rooms Co., 
 
 154 
 Midland Rly. Co., Re, 59 
 
 v. Westcomb, 87 
 Mid- Wales Hotel Co., 177 
 Mildmay v. Methuen, 238 
 
 v. Quicke, 125 
 Miles, Re, 267 
 
 Military & General Tailoring Co., 183, 
 
 184 
 
 Millner, Re, 24 
 Milltown v. Stuart, 8 
 Milne, Re, 59 
 
 v. Gilbart, 26 
 Milnes, Re, 65, 70 
 
 t?. Busk, 22 
 Milward, Re, 108, 109 
 Mockett, Re, 265, 266, 267 
 Molony, Re, 55 
 
 Money, Re (13 Beav. 109), 37, 311 
 
 (2 Dr. & S. 94), 73 
 Montefiore v. Guedalla, 94, 05 
 Moor v. Acglo-Italian Bank, 166, 184
 
 XXIV 
 
 TABLE OF CASES. 
 
 Moore (Sir John) Co., 178 
 
 Morant, Re, 41 
 
 Moravian Soc., Re, 253 
 
 More v. More, 233 
 
 Morgan, He (2 W. R. 439) 8, 35, 38 
 
 (L. R. 9, Eq. 587), 96, 97, 
 
 124, 125, 127 
 
 v. Swansea, &c. ,244 
 Morres v. Hedges, 74, 152 
 
 Morris, Re, (L. R. 20 Eq. 470), 61, 80, 
 84 
 
 Exp. (L. R. 12 Eq. 418), 90 
 Morrison, Re, 25, 28 
 
 Morshead, Exp., 92 
 
 Mortimer v. Picton (10 Jur. N. S. 83), 
 
 94 
 
 (12 W. R. 292), 95 
 Morton, Re, 22 
 Moss v. Dunlop, 23 
 Muggeridge, Re, 267 
 Mundell, Re, 244, 246, 247, 254 
 Munton, Re, 42 
 Muntz & Co., 189 
 Murphy, Re, 306 
 
 Murray, Re (3 Dr. & War. 83), 233 
 (W. N. 1868, 195), 266 
 Musgrove v. Flood, 23 
 Mutlebury v. Haywood, 221 
 Mutlow, Re, 89 
 
 N. 
 
 NADIN, Exp., 75 
 Nagle, Re, 141 
 Naish, Re, 306 
 Nash, Re, 87 
 
 v. Coombs, 69 
 
 v. Nash, 58 
 Natal Co., 155 
 National Arms Co., 189 
 
 Bank, 181 
 
 Credit & Exchange Co., 173 
 
 Financial Corp., 154 
 
 Funds Ass. Co. (4 Ch. D. 305), 
 
 14, 186 
 
 _ _ _ (W. N. 1876, 
 239), 166 
 
 Live Stock Co., 158 
 
 Savings Bank Ass., 187 
 Neath, &c., Exp. (2 Ch. D. 201), 89 
 
 Re (L. R. 9 Ch. 263), 89 
 Nesbitt, Re, 272, 274 
 
 Nether Stowey Vicarage, Re, 144 
 
 New Gas Co. (5 Ch. D. 703), 154, 172, 
 
 177, 180, 183, 187 
 (36 L. T. N. S. 364), 178 
 
 Generator Co. , 154, 155 
 
 Newcastle (Duke of), Re, 149 
 Newman, Re (L. R. 9 Ch. 681), 65, 124, 
 125 
 
 (2 M. & C. 112), 147 
 
 (L R. 2Ch. 797), 214 
 
 v. Selfe, 7 
 
 Newport Rly. Co., Re, 47, 48 
 Newton, Exp. (4 Y. & C. Ex. 518), 64, 
 
 82 
 
 Re (12 Jur. 1011), 238 
 
 v. Ricketts, 214 
 New Zealand Co., 158 
 Nicholas v. Dracachis, 307 
 Nicholl, Exp., 55 
 
 v. Jones, 299 
 Nicholson v. Squire, 234 
 Nicoll, Re (W. N. 1878, 154), 72 
 
 (W. N. 1866, 93), 82 
 
 (14 W. R. 475), 83 
 Noble v. Stow, 33 
 
 Nock v. Nock, 13, 78, 79 
 Norcop, fie, 69 
 Norfolk (Duke of), 86 
 N orris, Re, 237 
 
 v. Wright, 303 
 
 North London Rly. Co., Re, 73, 77 
 
 Wales Slate Co., 187 
 
 Western Rly., Re, 89 
 Northey, Re, 105 
 Northumberland Banking Co. , 1 58 
 Northwick, Exp. 63 
 
 Norton Iron Co., 181, 182 
 
 v. Steinkopt, 299 
 Norwegian Iron Co., 154 
 Norwich Soc., Re, 223 
 
 Yarn Co., 168 
 Notley v. Palmer, 69 
 Nowell v. Whitaker, 312 
 Noyes, Re, 134 
 Nugent, Re, 275 
 Nune, Re, 121 
 
 0. 
 
 OGILVIE, Re, 149 
 
 Oldham, Re, 72 
 
 Olive, Re, 228 
 
 Oriental Commercial Bank (15 W. R. 7), 
 
 159 
 _ _ _ (W. N. 1876, 
 
 283), 183 
 Ormerod, Re, 257 
 Orrell Colliery Co., 159 
 Osborn, Re, 244 
 Osborne, Re, 4, 14 
 Otte v. Castle, 36 
 Owen, Re, 257 
 v. Henshaw, 210
 
 TABLE OF CASES. 
 
 XXV 
 
 Owen's Patent Wheel Co., 159, 160, 181, 
 
 185 
 
 Oxenham, Re, 259 
 Oxford, &c., Be, 65 
 
 P. 
 
 PACKER v. Packer, 23 
 
 Paddon, Re, 82 
 
 Palmer, Exp. (13 Jur. 781), 85 
 
 Re (L. R. 13 Eq. 408), 141 
 Panonia Leather Cloth Co., 174, 175 
 Paragon Mining Co. , Re, 294 
 Parby, Re, 129, 250, 263 
 Paris Skating Rink, 166 
 Parke, Re (12 Sim. 329), 238 
 
 (21 L. T. 218), 262 
 Parker, Re (L. R. 13 Eq. 495), 64, 81 
 
 (20 W. R. 289), 80 
 
 (32 Beav. 580), 252, 260 
 Parkinson, Re, 274 
 
 Parry, Re (12 Jur. 615), 43 
 
 (34 Beav. 462), 120 
 Partington v. Reynolds, 5 
 Patent Bread Co., 154 
 
 - Cocoa Fibre Co., 177 
 
 Floor Cloth Co., Re, 171, 187 
 
 Screwed Boot & Shoe Co., 176 
 
 Steam Engine Co., 168 
 
 Ventilating Co., 190, 191, 194, 196 
 Paterson v. Paterson (10 L. T. N. S. 
 
 183), 83 
 (L. R. 2 Eq. 31), 
 
 247, 251, 260 
 
 Pattison, Re, 14, 83, 84, 85 
 Pawlett, Exp., 303 
 Paxton v. Bell, 186 
 Peacock, Re (15 W. R. 100), 107 
 
 (12 Jur. N. S. 959), 125 
 Pearce, Re, 62 
 
 v. Gray, 17 
 Peareth v. Marriott, 96, 227 
 Pearse v. Brooke, 295 
 Pearson, Re, 243, 257 
 
 v. Wilcox, 12 
 Peart, Re, 40 
 1'oattield v. Barlow, 210 
 Pedley, Re, 58 
 Peillon v. Brooking, 94 
 Felling v. Qoddard, 36 
 Fender, Re, 213 
 Penfold v. Mould, 23 
 Penny v. Penny, 75 
 Pen-y-VanCo., 166 
 Percy Mining Co., 186 
 Perkes, Re, 68 
 Perks, Re, 76, 77 
 
 Perry, Re, (W. N. 1875, 17), 25, 38 
 
 (23 W. R. 335), 37 
 
 (1 Jur. N. S. 917), 58, 68, 
 
 76 
 
 v. Walker, 311 
 
 Petersburg Gas Co., (W. N. 1874, 196), 
 154 
 
 (33 L. T. N. S. 637), 
 
 167, 178 
 
 Petroleum Co., 175 
 Petts, Re, 267, 268 
 Petty v. Petty, 18, 28 
 Peyton, Re, (L. R. 7 Eq. 463), 265 
 
 (10 W. R. 515), 266 
 Pfleger, Re, 73 
 Phelps, Re, 29, 37 
 Phene, Re, 31 
 
 Phillipotts, Re. 236, 237, 238, 241 
 Phillips, Exp., (11 W. R. 54), 88 
 
 (3 De G. & S. 3), 162 
 
 Re, (L. R. 6 Eq. 250), 73 
 
 (9 Jur. 959), 238 
 (L. R. 4 Ch. 629), 259, 
 260, 264 
 
 Pickance, Re, 12, 262 
 
 Pickard v. Mitchell, 83 
 
 Piddocks v. Smith, 7 
 
 Pilcher v. Arden, 212 
 
 Pinkerton v. Easton, 211, 212 
 
 Pinto Mining Co., 162 
 
 Plenty v. West, 255 
 
 Plumstead Water Co., 186 
 
 Plunkett v. Pearson, 149 
 
 Pole v. Pole, 71 
 
 Pongerard, Re, 139 
 
 Pooley v. Bosanquet, 310 
 
 Pope, Re, 23 
 
 Poplar School, Re, 26, 38, 68, 238 
 
 Portadown, Re, 65 
 
 Porter, Re, 253, 255 
 
 Potter, Re, 227, 229 
 v. Jackson, 300 
 
 Potteries Rly. Co. v. Minor, 204 
 
 Poulet, (Earl) v. Hood, 266 
 
 Powell, Re, (W. N. 1874, 221), 141 
 (4 K. & J. 338), 261 
 
 '. Matthews, 244 
 
 v. Oakley, 229 
 Power, Re, 86 
 Prescott v. Wood, 79 
 
 Price, Re, (W. N. 1872, 159), 20, 94 
 
 (L. R. 6 Eq. 460), 252 
 Primrose, Re, 263 
 Prince, Re, 293 
 Pring, Re, 14, 264 
 Pritchard v. Roberts, 211, 302 
 Procter, Re, 262 
 Pryer v. Gribble, 300
 
 XXVI 
 
 TABLE OF CASES. 
 
 Fryer, Re, (W. N. 1876, 141), 26, 80 
 
 (36 L. T. N. S. 202), 62 
 Pryse, Re, 141 
 Purser v. Darby, 87 
 Purvis v. Abraham, 259 
 Puttrell, Re, 37 
 Puxley, Exp., 112 
 
 Q. 
 
 QUARMAN v. Williams, 294 
 Queen Camel, Re. 66 
 Queen's Building Soc., 178 
 Queensbury Case, 1 00 
 
 R, 
 
 RAIISTON, Exp., 79 
 Railway Finance Co., 177, 185 
 Rainsdon, Re, 23 
 Rain, Exp., 55, 56 
 Ranking, Re, 28 
 Raphael, Re, 252 
 Rawlins, Re, 100, 102 
 Rawlinson v. Moss, 222 
 Reading, Re, 237 
 
 v. Hamilton, 79 
 Rean, Re, 271 
 Reaston, Re, 57, 68, 76 
 Redhead, Re, 62 
 
 Reece v. Taylor, 295 
 Rees, Exp., 237, 239 
 
 v. Williams, 217, 218 
 Regent United Service Stores, 172 
 Rehoboth Chapel, Re, 64 
 Reibey, Exp., 235 
 Reiner v. Salisbury, 290 
 Renshaw, Re, 260 
 
 Reuss (Princess of) v. Bos, 154, 163 
 Reveley, Re, 101 
 Reynault, Re, 255 
 Reynolds, Re, 26, 69, 125 
 Rhys v. Dare Rly. , 75 
 Rica Gold Co., 167, 179 
 Richards, Exp., (1 J. & W., 264), 264 
 
 Re, (5 De G. & S. 636), 259 
 
 (1 D. M. &G., 719), 274 
 
 & Co., 199 
 
 v. Scarborough Co., 222, 223 
 Richardson v. Eyton, 300 
 
 v. Moore, 152 
 -Ricketts, Re, (1 J. & H. 70), 43 
 
 (9 L. T. N. S., 405), 313 
 Roberts, Exp., (3 Atk. 6), 281 
 Re, (9 W. R. 758), 26 
 
 (W. N. 1869, 88), 43 
 
 Roberts, Re, (3 Atk. 308), 275, 276 
 
 (22 L. T. N. S., 262), 301, 
 
 302 
 (L. R. 10 Eq. 402), 302 
 
 v. Bull, 43 
 
 v. Collett, 22 
 
 v. Evans, 4 
 Robin, Re, 23, 69 
 Robinson, Re, 298 
 
 v. Harrison, 10 
 
 Rolles, Re, (10 Hare App. 39), 237 
 
 (3 D. M. & G. 153), 254, 
 
 258 
 
 Rose v. Rolls, 30 
 Row, Re, 69 
 Rowland v. Oakley, 31 
 Rowley v. Adams; (16 Beav. 312), 33 
 
 (14 Beav. 130), 245, 
 
 258 
 
 Royal Victoria Syndicate, 162, 163 
 Royston Grammar School, Re, 237, 241 
 Rudge v. Winnall, 229 
 Rugby, Re, 238 
 Rush, Re, 148 
 
 Rushworth v. Walden, 54, 56 
 Russell, Exp., (1 Sim. N. S. 404), 258 
 
 Re, (22 W. R. 399), 106 
 
 (1 Sim. N. S. 409), 260 
 Rustomgee v. Reg., 290 
 Ryan, Re, 249 
 Rylar, Re, 119 
 
 S. 
 
 S. Re, (4 Ch. D. 301), 273 
 
 S. (25 W. R. 133), 269 
 
 Sadler, Re, 92 
 
 St. Bartholomew's Hos., Exp., 86 
 
 St. David's Mining Co., 159, 176 
 
 St. Giles, Re, 26, 37, 238 
 
 St. James' Club, 164 
 
 St. John's College, Re, 92 
 
 St. Katherine's Dock, 81 
 
 St. Martin's (Rector of), Exp., 67 
 
 St. Nazaire Co., 15, 171, 187, 205, 206 
 
 St. Pancras, Re, 67, 76 
 
 St. Paul's, (Dean of), Exp., 74 
 
 (Precentor of), Exp., 74 
 St. Thomas' Church, 74 
 
 Dock Co., 157, 179 
 -t- Hospital, Re, 66 
 
 St. Wenn, Re, 237 
 Salmon v. Anderson, 20 
 Sanders v. Homer, 249 
 Sanderson v. Walker, 11 
 Sanderson's Patents, 155 
 Sandford, Re, 287
 
 TABLE OF CASES. 
 
 XXV11 
 
 Sanford, Exp., 56 
 Saumarez, Re, 260 
 Saville, lie, 14 
 Sawston, (Vicar of), 81 
 Scarsdale (Lord) v. Curzon, 112 
 Schofield, He, 248 
 Scholefield v. Lockwood, 211 
 Scott v. Heisch, 111 
 
 v. Scott, 87 
 Scrivener v. Smith, 27, 33 
 Scully v. Dundonald, 300 
 Sea & River Co., 155 
 Seagears, Exp., 239 
 Seidler, Exp., 5, 186 
 Sewart, Re, 62, 79 
 Sexton Barns, Re, 124 
 Shakespeare Walk School, Re, 80 
 Sharp & Co., 189 
 
 v. Lush, 310 
 Sharpe, Re, 36, 38 
 Sharpley, Re, 259 
 Sharshaw v. Gibbs, 8 
 
 Shaw, Re, (L. 11. 14 Eq. 9), 124, 125 
 
 (L. R. 12 Eq. 124), 2t>6 
 Sheffield, Re, 108 
 Shelmerdine, Re, 253 
 Shepheard, Re, 96, 98, 128 
 Shepherd v. Churchhill, 251 
 Sheppard, Re, 258 
 
 Sherwood v. Sanderson, 275, 276 
 Shields Marine Ass., 164 
 
 Insurance Co., Re, 171 
 Shillito v. Collett, 224, 225 
 Shipbrook v. Hinchinbrook, (13 Ves. 
 
 894), 2 
 Shipbrook v. Hinchinbrook (2 Dick, 547) 
 
 233 
 
 Ship's Case, 187 
 
 Shipton (Rector of), Exp., 66, 67, 81 
 Shrewsbury Hos., Exp., 26 
 
 School, Re, 237, 238, 241 
 
 v. North Staffordshire Ely. 
 
 Co., 72 
 
 Shurmer v. Hodge, 6 
 Sidney v. Wilmer, 83 
 Silkstone Colliery, 187 
 Sillar, Re, 94 
 Simmons v. Bates, 7 
 Simson, Re, 265 
 Singleton, Re, 86 
 Sir John Moore Co., 178 
 Sirdefield v. Thacker, 28 
 Skinner, Exp., 237, 239 
 Skipton Rly., 161 
 Skitter, Re, 246 
 Skynner v. Pelichet, 250 
 Slark, Re, 119 
 Slater v. Darlaston Co., 198, 200 
 
 Slewringe, Re, 238, 241 
 
 Sloper, Re, 259 
 
 Smirthwaite, Re, 253, 259 
 
 Smith, Exp. (1 Sim. N. S. 165), 164 
 
 (22 W, R. 294), 230, 231 
 
 Re (3 Jur. N. S. 659), 43 
 
 (14 W. R. 949), bO 
 
 (L. R. 9 Eq. 178), 6? 
 
 _ _ (W. N. 1878, 196), 108, 
 
 112 
 _ _ (W. N. 1872, 134), 255 
 
 (1 Russ. 348), 273 
 
 v. Harwood, 11 
 
 v. Smith, 246 
 
 v. Winter, 212 
 
 Smyth, Re (Ir. R. 10 Eq. 66), 69 
 
 (2 De G. & S. 781), 259 
 Somerset & Dorset Rly., 205 
 Sottomaior, Re, 281 
 South, Re, 149, 150 
 
 Essex Estuary Co., 173 
 
 of France Syndicate, 163 
 
 Wales Rly., Exp., 89 
 
 - Steam Ship Co., 162 
 
 Western Rly., Exp., 90 
 Southwold Rly. Co., Re, 48, 62 
 Sowry, Re, 59, 64, 67, 68 
 
 v. Sowry, 69 
 Spackman, Exp., 158 
 Sparks, Re, 263, 264 
 Sparrow, Re, 252, 257 
 Speer, Re, 66, 124 
 Spence's Co., 178 
 Spencer, Re, 138 
 Sperling v. Rochfort, 23 
 Spiller, Re, 25, 268 
 Spittle v. Walton, 270 
 Spooner, Re, 86, 87 
 Spurstowe, Re, 68 
 Spurway, Re, 118 
 Stables, Re, 288 
 Stackpoole v. Beaumont, 22 
 Stafford & Uttoxeter Rly. , 205 
 StainesRly. Co., 48 
 
 v. Giffard, 28 
 Standering v. Hall, 23, 69, 125 
 Standish, Re, 125 
 Stanhope, Re, 19, 20 
 Stanley, Exp., 282 
 
 v. Bond, 295 
 Staples, Exp.,M, 84 
 Stapleton, Re, 56 
 
 Star & Garter Hotel Co., 178, 184 
 
 Stead, Re, 75 
 
 Steam Stoker Co., 167, 178 
 
 Steed v. Calley, 25 
 
 Steel, Re, 55, 56 
 
 Steeping (Hector of), Exp., 72
 
 XXVlll 
 
 TABLE OF CASES. 
 
 Stephens v. Cork Rly., 205 
 Sterry, Re, 58, 76, 77 
 Stevens, Exp., 88, 89 
 
 v. Mid-Hants Rly., 204 
 
 v. Savage, 234 
 Steward, Be, 74 
 Stillwell v. Ashley, 244 
 Stock, Re, 36 
 
 Stocksbridge Rly. Bill, Exp., 49 
 Stokes, Re, 254, 255, 256 
 Stone, Re, 266 
 
 Storey, Re, 237 
 
 Storforth Lane Colliery Co., Re, 171 
 
 Straford, Re, 214 
 
 Strathmore, Re, 72 
 
 Strutt, Re, 117 
 
 Stuart, Re, 264 
 
 v. Stuart, 303 
 Stubbs v. Sargon, 22 
 Studdert, Exp., 63 
 Stutely, Re, 40 
 Styan, Exp., 85 
 Suburban Hotel Co., 157, 158 
 Suir Island, Re, 238 
 Summers, Re, 24 
 
 Sunderland (Freemen of), Exp., 77 
 Button, Re, 43 
 Swan, Re, 22, 42 
 Sweeper, Re, 41 
 Swift, Re, 23, 26 
 Sykes v. Beadon, 161 
 Symes v. Pugh, 266 
 
 T. 
 
 TANNER, Re, 293 
 
 Tarbuck v. Tarbuck, 16 
 
 Tardrew v. Howell, 210 
 
 Tatham, Re, 254,255 
 
 Taylor, Re (40 L. J. Ch. 454), 65 
 
 (1 Mac. & G. 210), 83 
 
 (4 Ch. D. 157), 224, 225, 226 
 
 (11 Sim. 178), 225 
 
 (W. N. 1866, 5), 247 
 
 v. Chichester Rly. Co., 71, 72 
 
 v. Taylor (1 Ch. D. 431), 96, 
 
 99, 112, 118 
 _ . _ (3 Ch. D. 145), 112 
 
 9. (L. R. 20 Eq. 302), 
 
 112 
 
 Tebbutt v. Potter, 300 
 Teign Valley Rly., 204 
 Telegraph Construction Co., 189 
 Temple Church, Re, 81 
 Templer, Re, 244 
 Tewkesbury Rly. Co., 149 
 Thakeham, Re, 43 
 Thames Mutual Co., 174 
 
 Tharp, Re, 147 
 Thomas, Re, 39 
 
 v. Finlayson, 222 
 
 v. Reg. (L. R. 10 Q. B. 31), 
 
 290 
 
 (L. R. 10 Q. B. 44), 
 
 292 
 
 Thompson, Exp. (3 L. T. N. S. 317), 
 211 
 
 Re (Johnson, 418), 107, 127, 
 
 128 
 
 (W. N. 1871, 190), 266, 
 
 268 
 
 Thomson v. Univ. of London, 238 
 Thorne, Re, 132 
 Thorner, Exp., 67 
 Thornblll v. Milbank, 59, 125 
 Thornton, Re, 40, 250 
 
 v. Finch, 149 
 Thorp, Re, 118 
 Thurgood, Re, 214, 215 
 Tibbett, Re, 132 
 Tibbs, Re, 266 
 
 Tid St. Giles, 68 
 
 Tillett v. Pearson, 149 
 
 Tilstone, Re, 21 
 
 Times Life Ass. Co. (L. R. 5 Ch. 381), 
 
 162 
 (L. R. 9 Eq. 382), 
 
 177, 184, 185 
 
 Tobin v. Reg. (12 W. R. 838), 290 
 (11 W. R. 701), 292 
 Todd, Re, 30 
 Tolson v. Sheard, 105 
 Tomkins v. Lane, 28 
 Tomline v. Reg. 292 
 Tomlinson, Exp., 270, 272 
 Tookey, Re, 85 
 Topping v. Searson, 222 
 Tottenham, &c. , Re, 89 
 Townsend, Re, 264 
 Townshend, Re, 279 
 Tracey, Re, 36 
 Trades Bank, Re, 171 
 Tramway Wheel Co., 159 
 Travis v. Illingworth, 25 
 Treacher, Re, 73 
 Trent Valley Rly. Co., 173 
 Trick, Re, 41, 42 
 Trinity House, Exp., 79 
 Trower, Re, 35, 37 
 Tuck, Re, 266, 267 
 Tufnell, Re, 290, 292 
 Tumacacori Mining Co., 154 
 Tunis Rlys. Co., 200 
 Tunstall, Re (14 L. T. N. S. 352), 129 
 
 Exp. (4 De G. & S. 421), 255, 
 
 262
 
 TABLE OF CASES. 
 
 XXIX 
 
 Turbut, Re, 129 
 Turnbull, Be, 12 
 
 Turner, Exp. (2 D. F. & J. 376), 212 
 Ee (10 W. R. 128), 79 
 
 (2 Coop. T. L. C. 163), 272 
 Tutin, Re, 273 
 Tweedy, Re, 259 
 Twynam v. Porter, 210, 211 
 Tylden, Re, 69 
 Tyler, Re, 69 
 Tynemouth Tramway, Re, 52 
 
 U. 
 
 UNION Bank of Calcutta, 163 
 United Merthyr Collieries, 160 
 
 Ports, &c., Co., Re, 171 
 
 Service Co., Re, 111, 181, 182 
 Unity General Ass. Assoc., 173, 174 
 Universal Dnig Ass. , 157, 159 
 
 Non-Tariff Co., 185 
 Upfull, Re, 29, 37 
 
 Upton Warren, Re, 236, 238 
 Uruguay Ely. Co., 157, 167 
 
 V. 
 
 VALE of Neath, &c., Re, 60 
 
 Vanev. Vane, 306 
 
 Varley, Re, 12 
 
 Varteg Chapel, Re, 12 
 
 Vaudrey, Re, 83 
 
 Vaughan v. Headfort, 21 
 
 Veal v. Veal, 22, 31 
 
 Velletri & Terracina Co., 174 
 
 Venour, Re, 1 09 
 
 Viall, Re, 264 
 
 Vickers, Re (W. N. 1876, 178), 252 
 
 (3 Ch. D. 112), 257 
 Victor v. Devereux, 16 
 Vidler v. Parrott, 95 
 Viney, Re, 212 
 Vivar (The), 309 
 Vron Slate Co., 173 
 
 W. 
 
 WADDTLOVE v. Taylor (13 Jur. 1023), 29 
 (12 Jur. 698), 222 
 Waincwright, Re, 147 
 Waite v. Littlewood, 94 
 Walker, Re (16 Jur. 1154), 8, 35, 36 
 
 (7 Rly. Ca. 129), 83 
 (3 Ch. D. 209), 244 
 
 v. Ware, &c., Rly., 88 
 Wall v. Rogers, 4, 299 
 Wallace (Lord), Re, 101 
 Walsh v. Walsh, 28 
 
 Walsh v. Wason, 295 
 
 Walton, Re, 215 
 
 Ward, Exp. (2 De G. & S. 4), 73 
 
 (6 Ves. 579), 275 
 Re (2 W. R. 406). 29 
 (2 Giff. 122), 41 
 (14 W. R. 96), 267 
 
 Warde v. Warde, 224, 225 
 
 Waring, Re, 41, 42 
 
 Warland Commercial Co., 180 
 
 Warne, Re, 121 
 
 Warren, Re, 281 
 
 Warrender v. Foster, 247 
 
 Warwick, Re, 239 
 
 Rly. Co., 48 
 Wastell v. Leslie, 20 
 Watford, Exp., 238 
 Watlington, Re, 45 
 Watson, Exp. (Jac. 161), 271 
 
 Re (10 Jur. N. S. 1011), 69 
 Watts, Re, 274 
 
 v. Jefferyes, 295 
 Waugh, Re, 214 
 
 v. Waddell, 214 
 Wear Engine Co., 178 
 Webb, Re (L. R. 2 Eq. 456), 42 
 (2 Phil. 10), 272, 274 
 Wedderburn, Re, 265 
 
 v. Wedderburn, 223 
 Wedgwood Coal Co., 198, 199 
 Weeding, Re, 247 
 
 v. Weeding, 21 
 Wellesley v. Mornington, 295 
 Wellington (Duke of), Re, 92 
 Wells v. Kilpin, 149 
 
 West Ham, Re, 238, 242 
 
 HartlepoolCo., 157, 182 
 
 Indian Steam Packet Co., 192 
 
 Retford, Re, 237 
 
 Riding (Undertaking of), Re, 48 
 
 Surrey Tanning Co., 155, 159 
 Westbrook, Re (L. R. 11 Eq. 252), 10 
 
 (W. N. 1873, 167), 31 
 Western Benefit Building Soc., 175 
 
 of Canada Co., 200 
 
 Canada Oil Co., 156, 157, 179 
 
 District Bank, 160 
 Westminster (Dean of), Re, (26 Beav. 
 
 214), 74 
 (18 Jur. 
 1113), 74 
 
 Westwood, Re, 139 
 
 Wey Canal, 161 
 
 Whalley v. Whalley, 222 
 
 Wheeler, Re, 259, 264 
 
 v. Tootel, 121, 129 
 Whitaker v. Thurstan, 6 
 Whitby, Re, 25, 306
 
 XXX 
 
 TABLE OF CASES. 
 
 White v. Herrick, 22 
 v. Leeson, 109 
 Wlnteley, Re, 114, 121 
 Whiteling, Re, 40 
 Whitely, Exp., 260 
 Whitfield (Incumbent of), Re, 66, 85 
 
 v. Prickett, 295 
 Whittaker, Re, 272 
 Whitton, Re, 41, 42 
 WLitworth (Curate of), Exp., 72 
 Wickens, Re, 262 
 
 Widdow, Re, 24 
 Widgery v. Tepper, 293, 294 
 Widnes Ely. Co., Re, 50 
 Wigan Glebe Act, Re, 66 
 
 Junction Ely., Re, 49, 53 
 Wigg v. Tiler, 285 
 
 Wight, Re, 66, 67 
 
 Wilding v. Bolder, 255 
 
 Wilkin v. Nainby, 16 
 
 Wilkinson, Exp. , (3 De G. & S. 633), 58, 73 
 
 Re (L. R. 9 Eq., 71), 10 
 
 (L. R. 9 Eq., 343), 62 
 
 (21 W. R. 537), 113, 121 
 
 ' L. R. 13 Eq. 634), 141 
 
 v. Belsher, 311 
 
 v. Joughin, 233 
 
 v. Schneider, 30 
 Wilks v. Groom, 251 
 Willan, Re, 7, 259 
 Willats v. Gay, 23 
 
 Willey v. South Eastern Ely., 88 
 Williams, Re, (20 W. R. 967), 113 
 
 (W. N. 1878, 189), 127 
 
 (6 Jur. N. 8. 1064), 229 
 
 v. Allen, 28 
 
 v. Aylesbury Rly. Co., 65, 66 
 
 v. Williams, 112 
 "Wills, Re, 263 
 Willway, Re, 141 
 
 Wilson, Re, (3 De G. J. & S. 410), 68 
 _ (32 L. J. Oh. 191), 72 
 
 _ 1 L. T. N. S. 25), 116, 128 
 
 v. O'Leary, 32 
 
 v. Round, 211 
 Wilton v. Hill, 299 
 Winchester (Bishop of), Exp., 74 
 
 (Warden of), Exp., 59 
 Winder, Re, 68 
 
 Windham, Re, 273 
 Windsor, &c., Re, 79 
 Wing v. Tottenham, &c., 88 
 Winkworth v. Winkworth, 37, 40 
 Winscom, Re, 225 
 Winterbottom, Re, 16, 213 
 Winteringham, Re, 260 
 Wise, Re, 259, 261 
 Wiseman, Re, 263 
 
 Withington v. Withington, 253 
 
 Wolff, Re, 89 
 
 Wolley v. Jenkins, 112 
 
 Womersley v. Merritt. 161 
 
 Wood, Re, (15 Sim. 469), 38 
 
 (L. R. 11 Eq. 155), 42 
 (L. R. 20 Eq. 372), 69 
 (L. R. Eq. 589), 74 
 (3 M. & C. 266), 147 
 (L. R. 10 Eq. 572), 152 
 (3 De G. F. & J. 125), 248 
 (7 Jur. N. S. 323), 260 
 (1 De G. F. & J. 142), 272 
 (29 L. J. Ch. 54), 272 
 
 v. Beetlestone, 256 
 
 v. Boucher, 13 
 
 v. Vincent, 294 
 Woodard, Re, 213 
 
 Woodburn, Re, (1 De G. & J. 333), 43 
 (31 L. T. N. S. 237), 85 
 
 Woodcock, Re, (L. R. 3 Ch. 229), 113 
 (L. R. 13 Eq. 183), 95, 
 126 
 
 Woodgate, Re, 253 
 
 Woodward v. Pratt, 31 
 
 Wool v. Townley, 17 
 
 Woollard, Re, 36 
 
 Wooller, Re, 281 ' 
 
 Woolley, Re, 12 
 
 Wootton, Re, 74 
 
 Wordsworth v. Dayrell, 22 
 
 Wortham v. Pemberton, 227 
 
 Worthing Hotel Co., 171 
 
 Wragg, Re, 258 
 
 Wrench v. Wynne> 295 
 
 Wrey, Re, 58 
 
 Wright, Re, (I Sm. & G. App. 5), 36 
 (3 K. & J. 419), 42 
 
 v. King, 221 
 
 v. Butter, 23 
 Wycherley, Re, 6, 41, 261 
 Wyersdale, Re, 240 
 Wylde, Re, 40, 286 
 
 'Wyllie v. Ellice, 16 
 Wylly, Re, 42 
 Wynch v. Grant, 232 
 Wynn, Re, 141 
 
 Y. 
 
 YARMOUTH Pier Co. , Re, 53 
 
 Rly. Co., Re, 49 
 Yates, Exp. (17 W. R. 872), 86 
 
 Re(7W. R 711), 230 
 Yeates, Re, 80, 84 
 Yetts, Re, 214, 21 
 Yorkshire Fibre Co., 160 
 Young, Re, 39, 40
 
 TABLE OP STATUTES. 
 
 PAGE 
 
 36 Geo. III. c. 52 (Legacy Duty) 45, 46 
 
 42 Geo. III. c. 116 (Land Tax) 143-5 
 
 52 Geo. III. c. 101 (Romilly's Act) 236-42 
 
 4 Geo. IV. c. 76 (Marriage Act) 235 
 
 1 Will. IV. c. 65 (Property Law Amendment) 136-39 
 
 3 & 4 Will. IV. c. 74 (Fines and Recoveries) 146 
 
 c. 77 (Grammar Schools) 241 
 
 4 & 5 Will. IV. c. 29 (Irish Securities) 303 
 
 5 & 6 Will. IV. c. 76 (Municipal Corporations) 241 
 
 1 & 2 Viet. c. 110 (Charging Order) 293-95 
 
 2 & 3 Viet. c. 54 (Talfourd's Act) 224 
 
 3 & 4 Viet. c. 77 (Grammar Schools) 241 
 
 c. 82 (Charging Orders) ....... 293-5 
 
 c. 90 (Infant Felons) 226 
 
 5 & 6 Viet. c. 94 (Defence Act) 91 
 
 6 & 7 Viet. c. 73 (Solicitors) 213-16 
 
 8 & 9 Viet. c. 18 (Lands Clauses), s. 69 57-70 
 
 s. 70 ... . ' . . . 57-62 
 s. 71 70 
 
 s. 72 70 
 
 s. 73 71 
 
 s. 74 72 
 
 ss. 76-78 75 
 
 s. 79 76 
 
 s. 80 . . . . . . 77-87 
 
 ss. 82, 83 87 
 
 ss. 85, 87 
 
 c. 70 (Church Building) 241 
 
 c. 118 (Inclosure) 90 
 
 9 & 10 Viet. c. 20 (Parliamentary Deposits) 47, 48 
 
 10 & 11 Viet. c. 96 (Trustee Relief Act) 34-44 
 
 12 & 13 Viet. c. 74 (Trustee Further Relief) 84 
 
 13 & 14 Viet. c. 60 (Trustee Act, 1850) 243-64 
 
 c. 83 (Railways Abandonment) 50 
 
 15 & 16 Viet. c. 29 (Burial Act) . . 241
 
 XXX11 TABLE OF STATUTES. 
 
 PA<JK 
 
 15 & 16 Viet. c. 55 (Trustee Extension Act, 1852) . . . . 243-64 
 c. 80 (Guardians and Maintenance), s. 16 . - . . . 306 
 
 16 & 17 Viet. c. 70 (Lunacy Regulation Act, 1853) 212, 270, 271, 276-80, 284 
 
 c. 117 (Land Tax Redemption) .143 
 
 c. 134 (Burial Act) 241 
 
 c. 137 (Charitable Trusts Act) . . . 237,238,242,254 
 
 17 & 18 Viet. c. 104 (Merchant Shipping) 306 
 
 18 & 19 Viet. c. 43 (Infants' Settlements) . . . . . 227-9 
 
 22 & 23 Viet. c. 21 (Defence Act), s. 8 . . . . . . . 91 
 
 c. 35 (Lord St. Leonards' Act, 1859), s. 13 . . . .142 
 s. 30 . . . 265 
 
 23 & 24 Viet. c. 34 (Petitions of Right Act, 1860) .... 290-2 
 
 c. 38 (Lord St. Leonards' Act, I860), s. 9 . . . . 267 
 
 s. 10 . . . .93 
 
 c. 112 (Defence Act) 91 
 
 c. 115 (Lis pendens) ........ 310 
 
 c. 124 (Ecclesiastical Leases) 151 
 
 c. 127 (Solicitors Act, 1860) 209-12 
 
 24 & 25 Viet. c. 10 (Merchant Shipping) 307 
 
 25 & 26 Viet. c. 67 (Declaration of Titles) 301 
 
 c. 86 (Lunacy Regulation Act, 1862), s. 3 . . . . 281 
 
 s. 7 . . . .277 
 
 ss. 8, 9 . . . . 271 
 
 s. 10 . . . .284 
 
 : s. 11 . 212, 273, 280 
 
 s. 12 . . . . 287 
 
 ^ ._ . _ . . | ... . m 00 1 ^ 1 f\ OQQ 
 
 oo. J-Oj J.J . . ^OO 
 
 s. 16 . . . . 212 
 
 c. 89 (Companies Act, 1862), s. 79 . . . . . 153-8 
 
 s. 80 155 
 
 s. 82 153 
 
 s. 86 179 
 
 s. 91 . ' . . .' . . 153 
 
 s. 145 ..... 158 
 
 ss. 167, 168 . . " . . . 188 
 
 - ss. 136, 159, 160 ... 198 
 ss. 176, 177, 180, 196, 199 . . 160 
 
 . c. 108 (Confirmation of Sales) 140 
 
 27 & 28 Viet. c. 56 (Administration), s. 5 28 
 
 c. 112 (Judgment Debtors) 148-50 
 
 c. 121 (Railways Construction) 49 
 
 28 & 29 Viet. c. 78 (Mortgage Debentures) 305 
 
 30 & 31 Viet. c. 47 (Lis pendens) 310 
 
 c. 127 (Railway Companies), s. 4 . . . . . 305 
 
 ss. 10-19 .... 201-6 
 
 s. 34 51 
 
 c. 131 (Companies Act, 1867), ss. 9-18 .... 189-97 
 
 s. 40 . . . . 167
 
 TABLE OF STATUTES. XXxiii 
 
 PAGE 
 
 32 & 33 Viet. c. 114 (Railways Abandonment) 51, 161 
 
 33 & 34 Viet. c. 28 (Solicitors' Act, 1870) .217 
 
 c. 61 (Life Assurance Companies), s. 21 165 
 
 c. 71 (National Debt Act) 54-56 
 
 c. 78 (Tramways) 52 
 
 c. 93 (Married Women's Property) .... 296-8 
 
 c. 104 (Joint Stock Companies Arrangement Act) . . 198-200 
 
 36 & 37 Viet. c. 12 (Custody of Infants) 224-6 
 
 c. 35 (County Debentures) 305 
 
 c. 66 (Judicature Act, 1873), s. 17 203 
 
 s. 33, 42 . . . . . 2 
 
 100 1 
 
 37 & 38 Viet. c. 42 (Building Societies) 1C4 
 
 c. 78 (Vendor & Purchaser) 246, 260 
 
 38 & 39 Viet. c. 60 (Friendly Societies) 164 
 
 c. 77 (Judicature Act, 1875), s. 7 243 
 
 c. 87 (Land Transfer Act) . . . 244, 260 
 
 39 & 40 Viet. c. 45 (Industrial Societies) 164 
 
 40 & 41 Viet. c. 18 (Settled Estates Act, 1877) s. 2 . . . . 97, 98 
 
 P. 3 96 
 
 s. 4 . . . . 99-101 
 
 ss. 5-8 .... 102 
 
 ss. 9-11 103 
 
 ss. 12-13 . . . .104 
 
 ss. 14, 15 . . . . 106 
 
 s. 16 . . . . . .107 
 
 s. 17 Ill 
 
 ss. 18, 19 . . . . 108 
 
 ss. 20-22 . . .109, 110 
 
 s. 23 112 
 
 ss. 24, 25 . . .116, 117 
 ss. 26, 28 . . . . 118 
 
 ss. 27, 29 . . . . 120 
 
 s. 30 . . . . 120, 117 
 
 s. 31 121 
 
 s. 32 128 
 
 ss. 33-39 . . .122-127 
 
 s. 40 128 
 
 s. 41 129 
 
 ss. 44, 45 . . . . 96 
 
 s. 48 101 
 
 s. 49 . . . . 113,130 
 
 ss. 50-52 . . 113, 132 
 
 ss. 53, 55 . . . . 135 
 
 a *ii 1 1 O 
 
 v* w * * . i a 
 
 s. 56 103 
 
 c. 26 (Companies Act, 1877) ...... 189-97 
 
 42 & 43 Viet. c. 78 (Central Office) 221, 277, 291 
 
 c
 
 ADDENDA. 
 
 Page 65, n. (d) add: "re Stock's Estates, W. N. (1880) 11." 
 173, n. (&) add: "and see re Stewart, "W. N. (1880) 15." 
 176, n. (m)add: "re Cakemore, Ac. Co., W. N. (1880) 15." 
 ,, 181, n. (y) add: "and see Companies Act, 1862, s. 88, as to forwarding 
 
 a copy to the Registrar." 
 
 ,, 213, n. (a) add : "but see Memorandum, "W. N. (1880) 7." 
 261, n. (d)add: "re Hartley, W. K (1879) 197."
 
 THE 
 
 LAW AND PEACTICE 
 
 RELATING TO 
 
 PETITIONS 
 
 CHAPTER I. 
 
 PETITIONS GENERALLY. 
 
 A PETITION is a statement in writing, addressed to the Definition. 
 High Court of Justice or to the Lord Chancellor, showing 
 some matter or cause in respect of which the petitioner 
 prays the direction or order of the Court. 
 
 The procedure by petition is, subject to the Rules of Effect of Ju- 
 Court, expressly preserved by the Judicature Act (a). l 
 A petition is a " pleading " within the meaning of the 
 Act (6), and is therefore subject to the Rules of Court 
 with regard to pleading ; though the former practice 
 does not in all respects appear to have been altered in 
 accordance with such Rules (c). 
 
 Petitions may be presented either in an action, or in a Presented in 
 matter over which the Chancery Division or a judge ^t^ r r 
 thereof has jurisdiction under some Act of Parliament or 
 other special authority. 
 
 Petitions are either for orders of course, or for special Special or of 
 
 course, 
 orders. 
 
 (a) K. S. C. Ord. I. 3. scription of the solicitor or party 
 
 (6) Jud. Act, 1873, s. 100. delivering the same, does not ap- 
 
 (c) For instance, the rule (Ord. pear to bo usually complied with in 
 
 XIX. 7), that every pleading shall the case of petitions : Seton, 51. 
 
 be marked with the name and de-
 
 2 PETITIONS GENERALLY. 
 
 Petitions for orders of course are those to which no 
 opposition can be offered, and the order on which is made 
 without any direct application to the judge (d^). 
 
 Distinction Applications to the Court in a pending action or matter, 
 
 tions and are made either by motion or petition. There does not 
 petitions. appear to be any very clear line of demarcation between 
 the cases where a petition is required and the cases where 
 a motion is necessary ; but it may be laid down as a 
 general rule, that where any long or intricate statement 
 of facts is required, or where the order asked for is in 
 the nature of a judgment or final order, the application 
 should be by petition ; in other cases, that is, where the 
 facts are few and simple, or where the application is inter- 
 locutory, it should be by motion (e). 
 Division for Petitions should be marked for the Chancery Division 
 
 which marked. T ., , T( , , , ,, ., 
 
 or in Lunacy, as the case may be. It marked lor the 
 Chancery Division, they should also be marked with the 
 name of such judge thereof as the petitioner (subject to 
 the power of transfer) may select (/). 
 
 Form of pe- A petition in the Chancery Division must be addressed 
 
 to the High Court of Justice (</). It must be entitled in 
 the action or matter in which it is presented. If pre- 
 sented in an action it must be marked with a reference to 
 the record. If presented under the statutory jurisdiction, 
 it must be entitled in the Act of Parliament under which 
 it is presented, and in the matter of the particular trust, 
 property, person, or company to which it relates (li). If 
 presented under a private Act, it may be entitled in the 
 Act alone (i). 
 
 (d) As to petitions of course, see (g) Seton, 51. 
 
 post, p. 15. (h) The substantial matter is 
 
 (e) Shipbrook v. Hinchinbrook, usually and more conveniently 
 13 Yes. 394. placed before the title of the 
 
 (/) Jud. Act, 1873, ss. 33, 42 ; Act. 
 R. S. C. Ord. V. 4. (i) Smith's Ch. Pr. Vol. II. 229 ;
 
 PETITIONS GENERALLY. 
 
 The petition must state by whom it is presented ; and 
 if presented in a matter, or by a person not a party to the 
 actioD, the name, residence, and description of the peti- 
 tioner must be stated. 
 
 Every petition must contain as concisely as may be a 
 statement of the material facts on which the petitioner 
 relies, but not the evidence by which they are to be 
 proved ; such statement should be divided into paragraphs; 
 numbered consecutively, and each paragraph should con- 
 tain as nearly as may be a separate allegation. Dates, 
 sums, and numbers should be expressed in figures and 
 not in words (&). Any matter of fact which the law pre- 
 sumes in the petitioner's favour, need not be stated (I). It 
 is sufficient to state the effect of any document as briefly 
 as possible, without setting out the whole or any part 
 thereof, unless the precise words are material (m). In 
 reciting previous orders the name of the judge by whom 
 they were made should be given (n). The petition con- 
 cludes with a prayer for the order required. 
 
 If the petition is not for an order of course, there must Foot note. 
 be written at the foot a statement of the persons intended 
 to be served, or if no person is intended to be served a 
 statement to that effect (o). Where the petition is in an 
 action, the respondents should not be described as " plain- 
 tiffs or defendants," but their names should be given (p). 
 
 A petition need not be printed (q) ; nor need it be Need not l>e 
 
 IT . /. printed or 
 
 signed by counsel, unless it is for leave to sue in jormd signed. 
 pauperis (r), or for the opinion of the Court under Lord 
 
 bat see re Bolton Estates Act, W. N. (o) Cons. Ord. XXXIV. 1. 
 
 (1878), 65. (p) Per M. R., W. N. (1876), 
 
 (k) R. S. C. Ord. XIX. 4. 219 ; Meyrick v. Lawes, W. N. 
 
 (I) R. S. C. Ord. XIX. 28. (1877), 223. 
 
 (m) R. S. C. Ord. XIX. 24. (q) R. S. C. Ord. XIX. 6. 
 
 (n) Re Gordon, W. N. (1876), (r) Cons. Ord. VII. 8. Sec 
 
 257. Petitions of Right, post. 
 
 B 2
 
 4 PETITIONS GENERALLY. 
 
 St. Leonards' Act (s). It is conceived that the general 
 provision of the Judicature Act (t) does not affect the 
 special reasons and provisions with regard to signing the 
 petitions above mentioned. 
 
 How presented. The petition must be left with the Judge's secretary ; 
 and if it is not for an order of course it will be answered 
 by a memorandum, written in the margin of the petition, 
 and signed by such secretary, directing all parties con- 
 cerned to attend on the next petition day; unless, upon 
 previous application to the Judge, leave has been given 
 to have the petition answered for an earlier day(u). A 
 fair copy must be left at the same time for the use of the 
 Judge. When the petition is answered, it is taken away, 
 by the person presenting it (v). 
 
 Who may Infants, idiots, persons of unsound mind, and other 
 
 present. persons under disability must petition by a next friend (w). 
 
 A lunatic must petition by the committee of his estate, 
 if any ; or if none, by a next friend (x). 
 
 A married woman entitled for her separate use, or 
 where the interest of her husband is adverse, must 
 petition by a next friend (y). If the husband's interest 
 is adverse, he should be made a respondent ; if he has no 
 adverse interest, he may, it seems, be made a co-peti- 
 tioner (0). 
 
 A petition presented on behalf of a pauper, except for 
 the purpose of the discharge of his solicitor, must be 
 signed by his solicitor (a). 
 
 As a general rule the seal of companies and corpora- 
 
 (s) 22 & 23 Viet. c. 35, s. 30 ; . (a;) Daniell, 80. 
 
 23 & 24 Viet. c. 38, s. 9 ; post. (y) Daniell, 102 ; Seton, 51. 
 
 (t) R. S. C. Ord. XIX. 4. (z) Re Osborne, W. N. (1878), 179; 
 
 (u) Anon., 17 Jur. 827. but see Roberts v. Evans, 7 Ch. D. 
 
 (v) Daniell, 1454. 830 ; re Croughton, 8 Ch. D. 460 ; 
 
 (w) Jones v. Lewis, 1 De G. & Wall v. Rogers, L. R. 9 Eq. 58. 
 
 S. 245, 252 ; DanieU, 76, 83, 1452. (a) Cons. Ord. VII. 11; Daniell, 42.
 
 PETITIONS GENERALLY. 
 
 ions is required to petitions asking for payment out of 
 moneys to their secretary or other officer (6). 
 
 If the petitioner is resident out of the i urisdiction, Security for 
 
 costs, 
 including Scotland (c), he may be ordered to give security 
 
 for costs, even though the respondent has filed affi- 
 davits (d*) ; unless the petition is presented in a cause 
 to which the petitioner is a party (e). A. special applica- 
 tion for this purpose is now necessary, and is usually made 
 by summons (/). 
 
 As a general rule, all petitions, except those which are Service. 
 of course, must be served upon all parties interested. 
 
 Unless the Court gives special leave to the contrary, 
 there must be at least two clear days between the service 
 and the hearing; and in the computation of such two 
 clear days, Sundays and other days on which the offices 
 are closed, except Monday and Tuesday in Easter Week, 
 are not reckoned (g). 
 
 Service must be effected before seven in the evening, 
 except on Saturday, when it must be made before two 
 o'clock in the afternoon ; otherwise it will be deemed to 
 be made on the following day (h). 
 
 Service is effected by delivering to and leaving with the 
 person served a true copy of the petition, and foot note 
 thereto, and of the fiat or answer thereon, and at the 
 same time showing him the original petition and answer 
 thereto (i). 
 
 It seems that substituted service of a petition may be Substituted 
 
 service. 
 
 (b) Exp. Mayor of London, W. N. nolds, 6 W. R. 307. 
 
 (1878), 238. (/) R. S. C. Ord. LV. 2. See 
 
 (c) East Llangynog Co., W. N. Massey v. Allen, 12 Ch. D. 807. 
 (1875), 81. (g) Cons. Ord. XXXIV. 2 ; and 
 
 (d) Exp. Seidler, 12 Sim. 106; see R. S. C. Ord. LV1I. 2, 3. 
 cxp. Latta, 3 De G. & S. 186. (h) Cons. Ord. XXXVII. 2. 
 
 (e) Cochrane v. Fcaron, 18 Jur. (i) Daniell, 1455. 
 568 and see 1'artingion v. Key-
 
 5 PETITIONS GENERALLY. 
 
 directed. Thus, where several infants were living with 
 their mother, the Court allowed service on any one of 
 them or on their mother to be substituted for service on 
 them all (j) ; and where a person was resident abroad, 
 substituted service on his solicitor was directed (k). The 
 order for substituted service is obtained on an ex parte 
 motion supported by affidavit ; and the order directing 
 substituted service should be served with the petition (I). 
 Service out of Petitions may, by leave of the Court, be served on 
 tion? U1 persons out of the jurisdiction (m). Such leave is obtained 
 
 on an ex parte motion, supported by an affidavit showing 
 where the respondents are resident, and a copy of the 
 order directing such service should be served with the 
 petition (n). 
 
 Service on a If a defendant has not entered an appearance, though 
 has not ap- duly served with a writ of summons, and the time limited 
 peared. f or SQ doing h as no ^ expired, it is presumed that leave 
 
 to serve him with the petition must first be obtained (o) ; 
 but the plaintiff may without special leave serve a peti- 
 tion upon any defendant who, having been duly served 
 with a writ, has not appeared within the time limited for 
 that purpose (p) ; and the petition need not, it seems, be 
 filed (q). 
 
 Service on in- When a petition is served upon an infant or person of 
 
 persons. unsound mind, a guardian ad litem must be appointed 
 
 to act on his behalf. The application for such appoint- 
 
 (;) BeSlddOPOed, W. N. (1867), Co., 5 Ch. D. 749 ; Household In- 
 
 114. surance Co., W. N. (1878), 26 ; re 
 
 (k) Bonellfs Telegraph Co., L. R. Wychcrley, 1 L. E. Ir. 12. 
 
 18 Eq. 655. (n) Daniell, 1456. 
 
 (I) Daniell, 1456. (o) Ibid. 
 
 (m) Shurmer v. Hodge, W. N. (p) R. S. C. Ord. LIII. 7. 
 
 (1866), 304 ; Bonellts Telegraph (q) Whitaker v. Thurstan, W. N. 
 
 Co., L. R. 18 Eq. 655 ; re Haiiey, (1876), 232. 
 L. R. 10 Ch. 275 ; British Imperial
 
 PETITIONS GENERALLY. 
 
 ment may be made by petition of course at the Rolls, 
 in the name of the infant or person of unsound mind? 
 and must be supported by affidavits, as to the fitness of 
 the proposed guardian, and that he has no adverse in- 
 terest (r). The affidavit should, in the case of an infant, 
 be made by his solicitor (s). A co-defendant may be 
 appointed if he has no interest () ; but neither the peti- 
 tioner, nor a married woman, nor a person out of the 
 jurisdiction can be appointed (u~). 
 
 Where the person to be served is a lunatic, and his 
 committee is the petitioner, or has an adverse interest, a 
 guardian ad litem must be appointed by petition of 
 course in manner above mentioned (v). 
 
 Petitions which are not of course are set down by the Setting down, 
 secretaries to the Lord Chancellor and the Master of the 
 Rolls ; and a list thereof is sent by them to the registrar 
 to be put in the paper (w). 
 
 The petitions are called on in their regular order ; Hearing 
 the unopposed petitions being taken first. If any peti- 
 tions remain undisposed of, they are placed in an adjourned 
 list, and taken on the next petition day in priority to the 
 opposed petitions in the new list. 
 
 Where two or more petitions are presented in [the 
 same matter, and answered on the same day, that which 
 is first presented is entitled to pre-audience (x). 
 
 It has been said that the Court will not, as a rule, 
 
 (r) Re Harrington, 27 Beav. 272 ; 275 ; Newman v. Selfc, 11 W. R. 
 
 re Orcaves, 2 W. R. 355 ; re Duke 764 ; Anon., 9 Ha. App. 27. 
 
 of Cleveland, 1 Dr. & S. 46; Pid- (u) Anon., 18 Jur. 770; Hart- 
 
 docke v. Smith, 9 Ha. 395 ; Leese v. land v. Atchcrley, 7 Beav. 53. 
 
 E 'night, 10 W. R. 711; Simmons (v) Hartland v. AtcJierley, supra; 
 
 v. Bates, 20 L. T. 272 ; re Willan, re Greaves, 2 W. R. 355. 
 
 9 W. R. 689, n. For form of Peti- (w) Seton, 52. 
 
 tion, see post. (x) He Broolcman, 1 Mac & G. 
 
 (s) Daniell, 146. 199. 
 
 (t) Bonfield v. Grant, 11 W. R.
 
 PETITIONS GENERALLY. 
 
 Default of 
 appearance. 
 
 Adjournment 
 to chambers. 
 
 make any declaration as to the rights of the parties on a 
 petition ; but that it will, if necessary, preface the order 
 with a statement of its opinion (y). The rule is not, 
 however, adhered to (0). 
 
 If, when the petition is called on, a respondent does 
 not appear, an order may be made as against him, upon 
 production of an affidavit of service. If the petitioner 
 does not appear when the petition is called on in regular 
 order as an opposed petition, the respondent may apply 
 to have the petition dismissed with costs, on producing 
 an affidavit of his having been served (a). The affidavit 
 of service must be filed, at latest, before the rising of the 
 Court on the o^ay the order is made ; and the affidavit 
 should be produced to the registrar (6). 
 
 Where the persons interested are numerous, or the 
 evidence complicated," or where the application is for 
 leave for an infant ward to marry, the petition is often 
 adjourned at once into chambers (c). 
 
 Where the petition is so adjourned, without any formal 
 order being drawn up (d), a note, signed by the registrar, 
 stating for what purpose the petition is adjourned, must 
 be procured from him, and left at chambers (e). A copy 
 of the note of adjournment should also be indorsed on the 
 petition, and signed by the registrar (/). 
 
 Upon the note being left at chambers, a summons to 
 proceed on the matter is taken out, and served in the 
 usual manner ; and upon the return of the summons, 
 
 (y) SJuirshaw v. Gibbs, Kay, 333, 
 340 ; but see re Walker, 16 Jur. 
 1154 ; re Morgan, 2 W. R. 439. 
 
 (z) Seton, 53. 
 
 (a) Darnell, 1458 ; Seton, 52 : 
 bat see Exp. Lows, 7 Ch. D. 160. 
 
 (6) Milltown v. Stuart, 8 Sim. 
 34. 
 
 (c) Daniell, 1188 ; Seton, 54. 
 
 (d) It seems that a formal order 
 is necessary where fresh evidence 
 will be required : Kelson v. Kelson, 
 9 Ha. App. 86. 
 
 (e) Regul. 8 Aug. '1857, r. 3. 
 (/) Seton, 54; Blox. 37.
 
 PETITIONS GENERALLY. 
 
 directions will be given as to the manner in which the 
 matter is to be prosecuted (g). 
 
 Where the evidence is satisfactory, the order is made at 
 chambers, and a minute thereof and of the evidence ad- 
 duced is written on the fold of the original petition, and 
 signed by the chief clerk, and sent to the registrar, by 
 whom the order is drawn up without the matter being 
 again mentioned to the Court (K). 
 
 If the petition is to be brought on again to be disposed 
 of in Court, a formal certificate will be drawn up by the 
 chief clerk in the usual manner. If no formal certificate 
 is required, a minute of the result of the proceedings in 
 chambers is annexed to the Judge's copy of the petition, 
 and sent to the Judge in Court, and a note of the evidence 
 used will be made by the chief clerk, for the registrar, 
 on the fold of the original petition (i). 
 
 Upon production of the minute of the result of the pro- Restoring to 
 
 paper. 
 
 ceedings, or of an office copy of the chief clerk's certifi- 
 cate, and of a written request of the solicitor, the registrar 
 will restore the petition to the paper for further hearing (&). 
 
 Where an unopposed petition is directed to stand over 
 without fixing a day for it to be again put into the paper, 
 the registrar in attendance in Court, upon the written re- 
 quest of the solicitor, will direct the same to be restored to 
 the paper for the following petition day (I). 
 
 Notice that the petition has been restored to the paper 
 must be given to the other persons entitled to appear upon 
 it (m). 
 
 Petitions ought not to be allowed to come into the paper 
 
 (g) In ex parte or trifling cases (h) Seton, 54 ; Daniell, 1189. 
 a summons is often dispensed with ; (i) RM. 
 
 and the matter is either disposed of (k) Daniell, 1189, 1458. 
 on the note being left, or at an ap- (I) Reg. Regul. 15 March, 1860, 
 
 pointment then made for the pur- r. 1 4.| 
 pose ; Daniell, 1188. (m) Daniell, 1458.
 
 10 
 
 PETITIONS GENERALLY. 
 
 Amendment. 
 
 Death of 
 petitioner. 
 
 until they are ripe for hearing. Where a petition is not 
 ready to be heard, application should be made to the 
 proper officer of the Court before petition day, so that it 
 may not appear in the paper (n). 
 
 Leave to amend a petition is almost of course. It is 
 generally given at the hearing, but may be obtained on a 
 separate application to the Court or a judge in chambers (o). 
 The amendment may state facts which have occurred after 
 the presentation of the petition (p), or since leave to 
 amend was given (q), or may introduce a new petitioner 
 or new co-petitioners (r), and may, in fact, add any thing 
 whatever (s). 
 
 Leave to amend has been given after the order has been 
 pronounced (t), and even after it has been passed and 
 entered (u). 
 
 No formal order is usually drawn up. The registrar 
 will, if required, indorse the direction on the brief or 
 petition as an authority to the secretary to make the 
 amendment ; but counsel's indorsement is generally suffi- 
 cient (v). 
 
 An amended petition does not require re-answering (i#). 
 
 Where a sole petitioner died after an order made on a 
 petition directing inquiries, and whilst the inquiries were 
 pending, the Court ordered the petition to be continued 
 
 (n) Per M. R., W. N. (1875), 
 104. 
 
 (o) K. S. C. XXVII. 6. 
 
 (p) Robinson v. Harrison, 1 
 Drew. 307. 
 
 (q) Be Westbrook, L. R. 11 Eq. 
 252 ; Maude \. Maude, 5 De G. & 
 S. 418. 
 
 (r) Re CartwrigU, 8 W. R. 492 ; 
 re Wilkinson, L. R. 9 Eq. 71; 
 Robinson v. Harrison, supra. 
 
 (s) Re Westbrook, L. R. 11 Eq. 
 252, per V.-C. M. ; and see Hislop 
 
 v. Wykeliam, 3 W. R, 286. 
 
 (t) Hislop v. Wykeham, 3 W. R. 
 286 ; re Bunnett, 1 Jur. N. S. 921 ; 
 but see re Keen, 7 W. R. 577. 
 
 (u) Re Havelock, 11 Jur. N. S. 
 906 ; but see re Atkins, 1 Ch. D. 
 82. 
 
 (v) Seton, 52. 
 
 (w) ReMedow, 10 Jur. N.S. 536 ; 
 re CartwrigU, 8 W. R. 492 ; Maude 
 v. Maude, 5 De G. & S. 418 ; 
 Robinson y. Harrison, 1 Drew. 307.
 
 PETITIONS GENERALLY. H 
 
 and carried on by the representatives of the petitioner (x). 
 A similar order was made where the sole petitioner died 
 before the hearing of a winding-up petition (y}. 
 
 Petitions are transferred from one judge of the Chan- Transfer, 
 eery Division to another by an order of the Lord Chan- 
 cellor (0) ; and the Court of Appeal has no longer jurisdic- 
 tion to order a transfer (a). 
 
 The order made upon a petition is drawn up, passed, Order. 
 and entered in the usual manner. At the time it is 
 bespoken, the original petition, and counsel's brief, with 
 his endorsement of the order made, and any judgment, 
 order, or the office copy of any certificate, on which the 
 petition is founded, and office copies of any affidavits, and 
 any exhibits or other evidence used at the hearing, must 
 be left with the registrar ; and if a fund in court is to be 
 dealt with, the Chancery Paymaster's certificate of the 
 fund must also be left (6). 
 
 Before the order is passed, the original petition must be Filing peti- 
 filed in the report office, and a note thereof made on the 
 order by the clerk of reports (c). Where the original 
 petition was lost or was not obtainable, a copy was allowed 
 to be filed instead of the original petition (d). 
 
 Upon any petition evidence may be given by affidavit ; Evidence, 
 but the Court or a judge may, on the application of either 
 party, order the attendance for cross-examination of the 
 person making any such affidavit (e). 
 
 (x) Re Atkins, 1 Ch. D. 82. & C. 359 ; Smith v. Harwood, 
 
 (y) Dynevor Du/ryn Co., W. N. 1 Sm. & G. 137 ; Andrews v. 
 
 (1878), 199. Walton, 1 M. & C. 360 ; re Dc- 
 
 (z) R. S. C. Ord. LI. ; re Boyd, vonshirc, 32 Beav. 241 ; re Anglo- 
 
 1 Ch. D. 12. Greek Co., 35 Beav. 419. 
 
 (a) ReHutley, 1 Ch. D. 11. (ej R. S. C. Ord. XXXVII. 2. 
 
 (b) Reg. Regal. 15 March, 1860, As to affidavits by marksmen, see 
 rr. 16, 32. Fcrnyhough v. Naylor, W. N. 
 
 (c) Cons. Ord. XXIII. 23. (1875), 22. 
 
 (d) Sanderson v. Walker, 1 M.
 
 12 PETITIONS GENERALLY. 
 
 Affidavits must be confined to such facts as the wit- 
 ness is able of his own knowledge to prove. The costs of 
 every affidavit which shall unnecessarily set forth matters 
 of hearsay, or argumentative matter, or copies of or 
 extracts from documents, shall be paid by the party filing 
 the same (/). 
 
 The Court or a judge may direct the depositions of a 
 witness to be taken before an examiner (g). 
 
 A petitioner who intends to use affidavits previously 
 filed in the cause, should give notice thereof to the 
 respondents (h). 
 
 Where the title of a petition is amended, the affidavits 
 need not be resworn, but may be made evidence on the 
 amended petition by a short affidavit referring to them 
 and making them exhibits (i). But where the variation 
 between the title of the affidavits and the title of the 
 petition is not material, the affidavits will be received as 
 they are (j). 
 
 Affidavits in support of a petition for payment out, 
 sworn before the petition is presented, but after the pay- 
 ment into Court, will be admitted as evidence (/<;). 
 
 Affidavits filed in a suit may be read on the hearing of 
 a petition presented subsequently and on a different part 
 of the case (Z) ; but notice should be given to the re- 
 spondents (m). 
 
 Costs. The costs of and incidental to all proceedings in the 
 
 High Court are now in the discretion of the Court ; but 
 
 (/) R. S. C. Ord. XXXVII. r. 3. and see Fisher v, Coffey, 1 Jur. 
 
 (g) Ibid., r. 4. N. S. 956. 
 
 (h) Seton, 53. As to using affi- (Jc) Re Varley, 14 W. R. 98 ; re 
 
 davits filed in another matter, see Gombault, W. N. (1868), 243. 
 re Woolley, 24 W. R. 783. (I) Be Turnbull, 17 Jur. 851 ; re 
 
 (i) Be Varteg Chapel, 10 Ha. Pickance, 10 Ha. App. 35 ; and see 
 
 App. 37 ; and see Pearson v. Wll- re Woolley, 24 W. R. 783. 
 cox, 10 Ha. App. 35. (TO) Seton, 53. 
 
 (j) Be Harris, 8 Jur. N. S. 166 ;
 
 PETITIONS GENERALLY. 13 
 
 the Judicature Act does not deprive a trustee, mortgagee, 
 or other person of any right to costs out of a particular 
 estate or fund to which he would be entitled according to 
 the rules formerly acted upon in the Courts of Equity (n). 
 
 It has been held that the effect of the above section is 
 to repeal all previous enactments directing costs to follow 
 certain rules (o) ; and it seems that this decision applies 
 to express provisions as to costs under the statutory juris- 
 diction of the old Court of Chancery (p). 
 
 Where a person, though properly served, is not affected 
 by the petition, the proper course is to tender such person, 
 at the time of service, the costs of obtaining the advice of 
 his solicitor whether he should appear or not, and to give 
 him notice that if he appear his costs will be objected 
 to (q). 
 
 The amount of such tender shall be 2 2s., which will 
 be allowed the party making such payment, provided such 
 service was proper, but not otherwise (r). 
 
 The above rule is without prejudice to the rights of 
 either party to costs, or to object to costs, where no such 
 tender is made, or where the Court or judge shall consider 
 the party entitled, notwithstanding such notice or tender, 
 to appear in court (s). 
 
 In any other case in which a solicitor of a party served, 
 necessarily or properly peruses any such petition without 
 appearing thereon, he is to be allowed a fee not exceeding 
 2 2s. (). 
 
 Where any party appears upon a petition in which he 
 
 (n) R. S. C. Ord. LV. Ch. 328 ; and see Wood v. Boucher, 
 
 (o) Garnctt v. Bradley, 3 App. L. R. 6 Ch. 77. 
 Cas. 944. (r) Add. Rules, 1875, (Spec. All ) 
 
 (p) Mercers' Co., 10 Ch. D. 481 ; r. 17. 
 
 but see Nockv. M>cfc, W. N. (1879), (s) Ibid. See Wood v. Boucher 
 
 125. L. R. 6 Ch. 77. 
 
 (q) Re Qore Langton, L. R. 10 (t) Ibid.
 
 14 PETITIONS GENERALLY. 
 
 . is not interested, or upon which, according to the practice 
 of the Court, he ought not to attend, he is not to he 
 allowed any costs of such appearance, unless the Court or 
 judge expressly direct such costs to be allowed (u). 
 
 Where a person is about to present a petition and 
 there are other persons who can be properly made co- 
 petitioners, he should apply to them to join in the peti- 
 tion, otherwise he may be ordered to pay the costs of such 
 persons if made respondents (v). 
 
 Two petitions Where two petitions are bond fide presented for the 
 same object by different parties, the costs of both will be 
 allowed ; but where it is known that a petition has been 
 presented, the costs of a subsequent petition for the same 
 purpose will not be allowed (w). Where two petitions 
 were presented by the same petitioners for payment out 
 of two sums paid in to different accounts by a railway 
 company, it was held that the two petitions might have 
 been included in one, and the costs of two petitions were 
 not allowed (x). 
 
 Appeals. , All appeals to the Court of Appeal are now brought by 
 notice of motion, and no petition is now necessary (y). 
 The Court of Appeal has now no jurisdiction to hear 
 petitions except on appeal (0). 
 
 The time within which an appeal from an order on 
 petition must be brought is, unless by special leave, 
 twenty-one days (a). 
 
 The twenty-one days are calculated from the time at 
 
 (u) Add. Rules, 1875, (Spec. All.) re Pring, 28 L. T. N. S. 467. 
 
 r. 21. See Clark v. Simpson, L. R. (x) Re Pattison, 4 Ch. D. 207. 
 
 6 Eq. 336. (f) R. S. C. Ord. LVIII. 2. 
 
 (v) Netting v. Bird, 17Jur. 155; ' (2) Re Dunraven Coal Co., 24 
 
 re Osborne, W. N. (1878), 179. W. R. 37. 
 
 (w) Re Chaplin, 33 L. J. Ch. 183 ; (a) R. S. C. Ord. LVIII. 9, 15 ; 
 
 re Saville, 14 W. R. 603 ; re British National Funds Ass. Co., 4 Ch. D. 
 
 Gas Co., 13 W. R. 649, but see 305; re Baillie, 4 Ch. D. 785.
 
 PETITIONS GENERALLY. 15 
 
 which the judgment or order is signed, entered, or other- 
 wise perfected ; or in case of the refusal of an application, 
 from the date of such refusal (6). 
 
 Where a petitioner applied for payment out of a fund, 
 his title to a moiety of which was not disputed, and the 
 Court below ordered payment to him of one moiety only, 
 it was held that an appeal from this order was not an 
 appeal from the refusal of an application, but only an 
 appeal from an order with which the petitioner was dis- 
 satisfied, and that the time for appealing did not therefore 
 begin to run until the order was drawn up (c). 
 
 Petitions of appeal and petitions for a rehearing are Petition for 
 now obsolete. All appeals to the Court of Appeal, as we 
 have already seen, are now brought by notice of motion ; 
 and a judge of the High Court has no longer any jurisdic- 
 tion to rehear an order made by himself or any other 
 judge (d). 
 
 Orders of course may be made by any judge of the Petitions of 
 Chancery Division, but as such orders can be obtained 
 more easily and more inexpensively upon petition to the 
 Master of the Rolls it has become the general practice to 
 obtain such orders, even in causes or matters attached to 
 other branches of the court, upon petition at the Rolls. 
 
 The practice at the Rolls is as follows : Upon the 
 petition being presented, one of the secretaries of the 
 Master of the Rolls will, instead of answering such petition, 
 draw up the order thereon in such form as the Master of 
 the Rolls shall from time to time direct, and will sign such 
 order, as passed, with his initials ; the under- secretary will 
 then enter or cause to be entered such order in a book 
 kept at the secretary's office at the Rolls for that purpose, 
 and will then mark and sign such order with his initials, 
 
 (b) R. S. C. Ord. LVIII. 15. (d) Re St. Nazaire Co., 12 Ch. 
 
 (c) Re Michell, 9 Ch. D. 5. D. 88.
 
 PETITIONS GENERALLY. 
 
 as entered ; and every order so made shall have the same 
 force and effect as orders of course passed by the regis- 
 trars (e). 
 
 The suitors of the court and their solicitors can have 
 access to the book during office hours without payment of 
 any fee (/). 
 
 No service or notice of the application is necessary in 
 the case of petitions of course (</). 
 
 A party applying for an order of course is bound to state 
 fully and truly all the material facts upon which the ap- 
 plication is made. If the order is irregularly obtained, or 
 material facts are misrepresented or suppressed, it may be 
 discharged on special application by motion (h) ; and where 
 an order of course has been obtained, and it appears that, 
 though irregularly obtained as an ex parte order, it could 
 be sustained on the merits, the Court must nevertheless 
 discharge the order, leaving the party to make an applica- 
 tion on the merits (i). 
 
 The application to discharge should be made without 
 delay (j\ and should be made to the judge, to whom 
 special applications, in the cause or matter in which such 
 order is made, ought to be made (&). A party, who has 
 served, and proceeded on, an irregular order of course, is 
 not at liberty to abandon it on tender of costs ; and until 
 
 (e) Cons. Ord. XLI. 17. For Beav. 80. 
 
 applications which can be made by (i) Harris v. Start, 4 My. & / 
 
 petition of course, see post. Cr. 261 ; Brookes v. Purton, 4 
 
 (/) Cons. Ord. XLI. 17. Beav. 494; Victor v. Devcreux, 6 
 
 (g) Eyles v. Ward, Mos. 255. Beav. 584 ; Brignall v. Whitehead, 
 
 (h) Victor v. Devercux, 6 Beav. 30 Beav. 229. 
 
 584 ; Hertford v. Suisse, 7 Beav. (j ) Tarbuck v. Tarbuck, 4 Beav. 
 
 160 ; Holcombe v Antrobus, 8 Beav. 149 ; re Wavell, 22 Beav. 634. 
 
 405 ; Wilkin v. Nainby, 8 Beav. (k) Cons. Ord. VI. 10 ; Cooper v. 
 
 465 ; De Feucheres v. Dawes, 11 Knox, 15 Beav. 102 ; re Bell 2 
 
 Beav. 46 ; Wyllie v. Ellice, 11 H. & M. 501. 
 Beav. 105 ; re Winterbottom, 15
 
 PETITIONS GENERALLY. 17 
 
 discharged in regular course, no order to the same effect 
 can be obtained (I). 
 
 An order of course should be served as soon as possible ; 
 for an order of course is no order until it is served. 
 If, therefore, the other party take any step before the 
 order is served, that step, being in itself regular, the order 
 which has been obtained, and not served, cannot after- 
 wards be acted upon, if it will interfere with the step so 
 taken (m). 
 
 After service, an order of course cannot be amended, 
 and subsequently reserved, so as to make the amended 
 order, served after the time, regular (n). 
 
 In some cases where the application would otherwise Order of course 
 be special, an order of course can be obtained, if the 
 opposite party consent thereto. The consent must be 
 signed by the solicitor at the foot of the petition, before 
 it is presented (o). 
 
 (I) Pearce v. Gray, 4 Beav. 127. 41, 44. 
 
 (m) Church v. Marsh, 2 Ha. 652. (o) Daniell, 2002, n. See post. 
 
 (n) Wool v. Townley, 9 Beav.
 
 CHAPTER II. 
 
 TRANSFERS AND PAYMENT OUT GENERALLY. 
 Application, AN application for payment, transfer, or delivery, out 
 
 how made. r J J 
 
 of Court, or for transfer from one account to another, is 
 usually made by petition. 
 
 It may, however, be made by summons where leave to 
 apply at chambers has been expressly given (a) ; or where 
 the fund is very small (6) ; or where the application is 
 only for payment of the dividends or interest on any 
 stocks, funds, or securities standing to the credit of any 
 cause or matter depending to the separate account of the 
 applicant (c) ; or where the application deals only with 
 the interest of money on deposit (d) ; or is merely for an 
 allowance of income, pendente lite (e). 
 Title and form The petition should be intituled in the cause or matter 
 
 of petition. . . 
 
 (but not in any separate account therein), to the credit 
 of which the fund is standing (/) ; and where the petition 
 is in a cause, it should be marked with a reference to the 
 record (g). The persons to whom payment is directed 
 should be described by name, and not merely as plaintiffs, 
 
 (a) Daniell, 1649. (d) Ch. Funds Amended Orders, 
 
 (b) Daniell, 1649 ; but see Petty 1874, r. 13. 
 
 v. Petty, 12 Beav. 170. (e) Bentley v. Craven, 1 "W. R. 
 
 (c) Cons. Old. XXXV. 1. A 362. 
 
 petition is necessary for payment of (/) Ch. Funds Rules, 1874, r. 7. 
 
 large arrears of interest ; Joad v. For form of petition, see post. 
 
 Ripley, 3 Jur. N. S.' 432 ; but see (g) Ch. Funds Amended Orders, 
 
 Daniell, 1649, n. (f). 1874, r. 17.
 
 PAYMENT OUT GENERALLY. 19 
 
 or petitioners, unless they are trustees, or other persons 
 in succession, or representatives when no probate or 
 administration has been taken out at the date of the 
 order or certificate (h). The exact title of the cause or 
 matter, and separate account (if any), to the credit of 
 which the fund is standing, should be stated in the body 
 of the petition (i) ; and the petition should also state 
 whether legacy or succession duty has or has not been 
 paid (k). The exact amount of the fund and interest 
 should, when practicable, be stated (I) ; and directions, 
 when practicable, should be expressed by reference to a 
 schedule (m). If the cause or matter, to the credit of which 
 the fund is standing, has been placed on the list of funds 
 undealt with for fifteen years (ri), the fact must be stated 
 in the petition ; and if the fund amounts to 500, the 
 official solicitor of the Court must be served (o). 
 
 The petition must be served on all the parties to the Service. 
 action ; or, if the fund is standing to a separate account, 
 on all the persons appearing by the heading of the account 
 to be interested therein (p). Where, however, the persons 
 interested in remainder were very numerous, and it was 
 to be supposed that they would be informed of what was 
 done, service of a petition for carrying over their shares 
 was dispensed with upon them (q). Where the shares of 
 the persons entitled to a fund standing to a separate 
 account had been ascertained by the master in a former 
 stage of the cause, the transfer of one of the shares was 
 
 (A) Ch. Funds Rules, 1874, rr. (ri) Ch. Funds Rules, 1874, r. 
 
 12, 53. 91. 
 
 (i) Ch. Funds Rules, 1874, r. 7. (o) Ch. Funds Amended Orders, 
 
 (k) Ch. Funds Amended Orders, 1874, r. 14 ; but see re Stanhope, 
 
 1874, r. 11 ; and seo Ch. Funds 25 W. R. 601, where service was 
 
 Rules, 1874, rr. 14, 57. dispensed with. 
 
 (1) Ch. Funds Rules, 1874, rr. (p) Daniell, 1649. 
 
 8, 10, 13, 42. (q) Re Hodges, 6 W. R. 487. 
 
 (m) Ch. Funds Rules, 1874, r. 9. 
 
 r 2
 
 20 PAYMENT OUT GENERALLY. 
 
 ordered without serving the persons entitled to the other 
 shares (r). A petition for the transfer of Bank annuities 
 into India stock need not be served on contingent remain- 
 dermen (s). Where the fund has been assigned, the assignor 
 must be served (t) ; but if the assignment is disputed, 
 the fund will not be paid out on petition (u). Where it 
 is necessary to serve a person, but it is unnecessary that 
 he should appear at the hearing, notice should be given to 
 him that his costs of appearance will be objected to, 
 accompanied by a tender of 42s. for costs (x). Where a 
 fund exceeding 500 has been placed upon the list of 
 funds which have not been dealt with for fifteen years, 
 the official solicitor of the Court must be served (y) ; but 
 the Court will dispense with such service in a clear 
 case (0). Until a fund is carried to a separate account 
 the representative of the deceased person whose estate 
 is being administered is a necessary party to any applica- 
 tion respecting it (a). A petition by a married woman 
 for payment out of a fund to which she is entitled for her 
 separate use should be served on the husband (6). 
 Retaining part Where a person is absolutely entitled, the Court will 
 court nd in no ^' as a g enera l ru ^ e > permit the fund to remain in Court 
 and make an order for payment of interest only(c) ; but 
 this has been done where the fund belonged to a married 
 woman (d). 
 Petitioner one Where the petitioner is one of a class, among which 
 
 of a class. 
 
 (r) Lambert v. Newark, 3 De G. 1874, r. 14. 
 & S. 405. (2) He Stanhope, 25 W. R. 601. 
 
 (s) Re Price, "W. N. (1872), 159 ; (a) Salmon v. Anderson, 9 Beav. 
 
 and see post, p. 94. 445-9. 
 
 (0 Briant v. Dennett, 4 Drew. (6) Ee CrougTiton, 8 Ch. D. 460. 
 
 550. (c) Jsaacv. Gompertz, 1 Ves. jun. 
 
 (u) Wastell v. Leslie, 15 Sim. 43. 
 453, n. (d) Re CraddocJc, W. N. (1875), 
 
 (x) Ante, p. 13. 187. 
 
 (y) Ch. Funds Amended Orders,
 
 PAYMENT- OUT GENERALLY. 21 
 
 the fund is divisible, the petition should ask that the 
 other shares may be carried over to separate accounts, 
 in order to save the expense of service on future applica- 
 tions (e). 
 
 Payment out of the assets of a testator will not be Payment out 
 
 IT -11 -11 before fund is 
 
 ordered until the rights have been ascertained by taking clear. 
 accounts, or the executor undertakes the responsi- 
 bility (/). 
 
 A fund may be ordered to be transferred from one Transfer from 
 
 one cause to 
 
 cause to another upon a petition or summons entitled another. 
 only in the former cause (g). 
 
 A fund may be transferred to the Court of Chancery in 
 Ireland (h}, or to the Palatine Court of Lancaster (i). 
 
 Where four persons were absolutely entitled to a fund Oue petition 
 
 . for pay men 'lOi 
 
 carried over to a separate account in a suit, and one of two funds. 
 such persons was also entitled to a fund standing to his 
 separate account in another suit, an order for payment 
 out of both sums was made upon one petition instituted 
 in both suits (k). 
 A prospective order for payment of interest on a fund Order fo . r 
 
 . i /T\ prospective 
 
 to be subsequently paid into Court has been made (I) ; but payment, 
 the Court has refused to make an order dealing prospec- 
 tively with the purchase-money of an estate contracted 
 to be sold, but not paid for (m). The Court will also, 
 where necessary, provide for the payment of an annuity 
 by directing prospective sales from time to time of so 
 much of the fund as is necessary to raise the annuity (ri). 
 
 (e) Re Hawke, 18 Jur. 33 ; re (i) Seton, 99. 
 
 Tillstone, 9 Hare, App. 59. (k) Greenwood v. Greenwood, 25 
 
 (/) Abbyv. Gilford, 11 Beav. 28 ; W. R. 316 ; and see re Patlison, 
 
 Knight v. Knight, 16 Beav. 358. 4 Ch. D. 207. 
 
 (g) Weeding v. Weeding, 1 J. & (1) Re Chamberlain, 22 Beav. 
 
 H. 424. 286. 
 
 (h) Vaufjhan v. Hcadfort, L. R. (m) Re Bowes, 12 W. R. 569. 
 
 15 Eq. 173 ; where form of order is (n) Lambie v. Lambic, 9 Hare, 
 
 given. App. 84.
 
 22 PAYMENT OUT GENERALLY. 
 
 Where a fund was standing to the account of an infant 
 who would attain his majority in the long vacation, a 
 prospective order was made for payment to him when he 
 should come of age (o). 
 
 M . , Payment out of a fund belonging to a married woman 
 
 women. will not be ordered except upon her separate examina- 
 
 tion (p), unless the fund is under 500 (q), or 50 a 
 year (r) ; and an affidavit of no settlement is required, 
 unless the fund is very small (s) ; or if there is a settle- 
 ment, the Court must be satisfied that it does not affect 
 the fund proposed to be paid out (t). 
 
 Separate Where the wife is entitled to her separate use, her 
 
 examination is unnecessary (u) ; but an affidavit of no 
 settlement is required (x). But according to the usual 
 practice where the fund is the wife's separate property, 
 the petition "should be by her alone, with a next friend, 
 and payment should be to her, on her separate receipt (y). 
 A sum of cash will be paid out, though there is a restraint 
 on anticipation (z). 
 
 When examina- The examination will not be taken where the wife is 
 
 betaken. under twenty-one(o-) ; or where she is a ward of Court, 
 
 and has married without its sanction (6); or where her 
 
 (o) Fielden \. Hornby, W. N. (s) Post, p. 30. 
 
 (1870), 213. (t) Post, p. 30. 
 
 (p) Beaumont v. Carter, 32 Beav. (u) Daniell, 94 ; Macq. H. & W. 
 
 586 ; Gibbons v. Kibbey, 10 W. R. 331 ; re Crump, 34 Beav. 570 ; 
 
 55 ; Mawe v. Hcavisidc, 9 W. R. but see Wordsworth v. Dayrell, 4 
 
 649 ; Milnes v. Busk, 2 Ves. jun. "W. R. 689. 
 
 488 ; and see re Sioan, 2 H. & (x) Anon., 3 Jur N. S. 839. 
 
 M. 34 ; Seton, 666. (y) Seton, 667 ; re Croughton, 8 
 
 (q) Re Morton, 31 L. T. N. S. Ch. D. 460. 
 
 82 ; Seton, 668 ; Elsworthy v. (z) Re Croughton, 8 Ch. D. 460. 
 
 Wickstcad, 1 J. & W. 69 ; Ro- (a) Stubbs v. Sargon, 2 Beav. 
 
 berts v. Collett, 1 Sm. & G. 138 ; 496 ; Abraham v. Newcombe, 12 
 
 but see White v. Herrick, L. R. Sim. 566. 
 
 4 Ch. 345. (b) Statkpole v. Beaumont, 3 
 
 (/) Veal y. Veal, L. R. 4 Eq. Ves. 89 ; Gynn T. Gilbarcl, 1 Dr. 
 
 115. & S. 356.
 
 PAYMENT OUT GENERALLY. 23 
 
 interest is one which she cannot dispose of (c) ; or where 
 there are circumstances of fraud or compulsion by the 
 husband (d). 
 
 Before taking the examination, the amount of the fund Amount must 
 must be ascertained (e) ; but it need not be shown what 
 will be the amount after payment of costs (/) ; though 
 the examination refers to the residue after such pay- 
 ment (</). 
 
 Where a wife is resident abroad, a commission will be Examinatiou 
 
 abroad. 
 
 ordered to take her separate examination (h). 
 
 A fund representing realty belonging to a married Acknowledged 
 
 deed 
 
 woman may be paid out to her, without deed acknow- 
 ledged, on her electing, by examination in Court, to take 
 the money as personalty (i). But where the fund was 
 very small (less than 50), both examination and deed 
 acknowledged were dispensed with (k). 
 
 Where a woman had been deserted by her husband for 
 more than twenty years, payment out was ordered to 
 her as if she were a feme sole (I) ; and similar orders 
 have been made where the wife had obtained a judicial 
 separation (m), or a protection order (n). 
 
 The consent of a wife to the transfer to her husband 
 may be retracted at any time before the transfer is 
 completed (o). 
 
 Where a woman is absolutely entitled to a fund in the Past child- 
 bearing. 
 
 (c) Seton, 667. (i) Slandering v. Hall, 11 Ch. D. 
 
 (d) Wright v. Ruttcr,2Ves. jun. 652; re Rabin, W. N. (1879), 95; 
 678 ; Willats v. Cay, 2 Atk. 68. but see re Belt, 25 W. R. 901. 
 
 (e) Moss v. Dunlop, 8 W. R. 39 ; (k) Knapping v. Tomlinson, 18 
 Sperling v. Rochfort, 8 Ves. 180. W. R. 684 ; re Clarke, 13 W. R. 
 
 (/) Packer v. Packer, 1 Coll. 92. 401. 
 
 (g) Musgrove v. Flood, 1 Jur. (1) Re Pope, 21 W. R. 646. 
 
 N. 8. 1086. (m) Re Insole, L. R. 1 Eq. 470. 
 
 (h) Ireland v. Trcmbaith, 14 (n) Re Raindon, 7 W. R. 184 ; 
 
 W. R. 275 ; Gibbons v. Kibbey, but see re Dundas, 22 W. R. 676. 
 7 Jur. N. S. 1298 ; but see re Swift, (o) Pen/old v. Mould, L. R. 4 
 
 W. N. (1872), 185. Eq. 562.
 
 24 PAYMENT OUT GENERALLY. 
 
 event of her having no children, it will be paid out to her 
 when she is past child-bearing. As a general rule, a 
 woman will be considered past child-bearing when she is 
 over fifty, and is unmarried, or has been long married 
 and has never had any children or has not for many 
 years had children (p). But when there are special cir- 
 cumstances, as, for instance, where a woman, though fifty- 
 four and childless, has only been married three years, the 
 Court will not order payment out (q). On the other hand, 
 the Court has, under special circumstances, ordered pay- 
 ment out to a woman who was only forty-seven (r). 
 
 When a wife is entitled as administratrix or executrix, 
 payment is directed " to B., the wife of A., as the legal 
 personal representative of C. deceased ;" but the Chancery 
 Paymaster requires the husband to join in the receipt (s). 
 Where payment is directed to a woman, she must be 
 described as "spinster," or "the wife of,&c.," or "widow"(0- 
 Woman mar- When money or securities in Court are directed to be 
 datTofthe P a ^ or transferred to a woman, who is unmarried at the 
 order. ^ate of the order, but who marries before payment or 
 
 transfer, such money, if it does not exceed 200, or 10 
 per annum, or such securities, if they, or the aggregate of 
 such securities and money, do not exceed ,200 sterling, 
 may be paid or transferred to such woman and her 
 husband, upon proof of the marriage, and upon an affi- 
 davit of no settlement ; or in case there is a settlement, 
 then upon an affidavit of such woman and her husband, 
 identifying such settlement, and stating that no other set- 
 tlement has been made, and an affidavit by her solicitor 
 
 (p) He Widdow, L. R. 11 Eq. 388. 
 
 408 ; re Milliter, L. R. 14 Eq. 245 ; (r) Be Summers, 22 W. R. 639 
 
 re Allason, 36 L. T. N. S. 653 ; and see re Millncr, L. R. 14 Eq 
 
 Archer v. Dowsing, W. N. (1879), 245. 
 43. (s) Seton, 669, 670. 
 
 (q) Croxton v. May, 9 Ch. D. (t) Seton, 91.
 
 PAYMENT OUT GENERALLY. 25 
 
 that the fund is not affected by such settlement ; and 
 upon proof of the marriage and production of such affi- 
 davits, the registrar may issue a certificate authorising 
 the transfer to such woman and her husband (u). 
 
 Where the fund belongs to a corporation sole, the divi- Corporations. 
 dends will be ordered to be paid to the holder of the office 
 for the time being (x) ; and, in the case of a corporation 
 aggregate, will be paid to the treasurer or other officer to 
 whom the money is properly payable, on an affidavit that 
 he sustains that character (y), or to any person named in 
 the petition, if the petition is sealed with the common 
 seal, and no power of attorney or verification of the seal 
 is necessary (z). Such dividends, however, are usually 
 received under a power of attorney executed by the 
 corporation (a). 
 
 The Court refused to pay out a fund to a person who Unsound mind. 
 was deaf, dumb, and blind, but directed the income to be 
 paid to two persons, on an undertaking to apply it as the 
 Court should direct (6). Where the person entitled is of 
 unsound mind, payment out of interest will be ordered to 
 the next friend, upon his undertaking to support the 
 person of unsound mind (c). 
 
 The dividends of a fund belonging to an infant domi- Domiciled 
 ciled abroad has been ordered to be paid to her father, as abroad - 
 guardian (d) ; and a similar order has been made with 
 respect to corpus (e) ; and where a married woman domi- 
 
 (M) Ch. Funds Rules, 1874, r. 52. (c) Re Perry, W. N. (1875), 17 ; 
 
 (x) Exp. Archbp. of Canterbury, re Whitby, "W. N. (1877), 208 ; re 
 
 2 De G. & S. 365 ; Seton, 89. Dixon, W. N. (1879), 57 ; Steed v. 
 
 (y) Daniell, 1654 ; Seton, 89. Galley, 2 M. & K. 52 ; Edwards v. 
 
 (z) Exp. London, Chatham, <kc., Abrey, 2 Ph. 37 ; re Spiller, 6 Jur. 
 
 8 W. R. 636 ; re Dartmouth, &c., N. S. 386 ; re Bligh, 12 Ch. D. 
 
 9 W. R. 609 ; but see exp. Corp. 364 ; and see post, p. 37. 
 
 of London, W. N. (1878), 238. (d) Re Morrison, 16 Sim. 42. 
 
 (a) Seton, 92. (e) Re Brown, 13 W. R. 677 ; 
 
 (b) Re Biddulph, 5 De G.*& S. but see re Hellman, L. R. 2 Eq. 
 469. 363.
 
 26 PAYMENT OUT GENERALLY. 
 
 ciled abroad was entitled, the fund was ordered to be paid 
 to her husband's attorney (/). 
 
 Trustee?. A fund will not be ordered to be paid out to a sole 
 
 trustee, except on the consent of all parties beneficially 
 interested (</). But payment of interest will be directed 
 to trustees, or any two of them, or even to any one of 
 them (h) ; and under this form of order any one trustee 
 can receive the dividends until all have ceased to be 
 trustees, without any proof of survivorship (i). Though 
 payment of dividends to trustees for the time being has 
 in some cases been directed (k), this is not the usual or 
 proper form of order in the case of private trusts (I). 
 But in the case of charity trustees payment of dividends 
 may be ordered to the trustees for the time being or any 
 two of them (m) ; and it seems that the sanction of the 
 Charity Commissioners is not necessary to a petition for 
 payment out of a fund belonging to a charity (n). 
 
 Tenant in tail. The Court will not order payment out to a tenant in 
 tail unless a disentailing deed has been properly exe- 
 cuted (o). 
 
 Successive Where several persons are entitled for life in succession, 
 
 the Court usually only directs payment to the first for life 
 with liberty to apply on his death, when a further order 
 
 (/) Re Swift, W. N. (1872), 195. (I) Seton, 88, 89. 
 
 (g) Re Roberts, 9 W. R. 758; (m) A.-G. v. Brickdale, 8 Beav. 
 
 Grant v. Grant, 6 N. R. 347 ; but 223 ; exp. Shrewsbury Eos. 9 Ha. 
 
 see re Courts of Justice, W. N. App. 45 ; Milne v. Gilbart, W. N. 
 
 (1867), 148. (1875), 128. 
 
 (K) Re Clinton, 8 "W. R. 492 ; (n) Re Lister, 6 D. M. & G. 184 ; 
 
 re Coulson, W. N. (1867), 233 ; re re St. Giles, 25 Beav. 313 ; Holme 
 
 Pryor, "W. N. (1876), 141 ; and see v. Guy, 5 Ch. D. 901 ; but see re 
 
 Clark v. Fennick, 21 W. R. 320. Faversham, 10 "W. R. 291 ; re Pop- 
 
 (i) Seton, 88 ; Daniell, 1652. lar School, 8 Ch. D. 543. 
 
 (f;) Re Pryor, W. N. (1876), 141 ; (o) Re Reynolds, 3 Ch. D. 61 ; 
 
 re Metropolitan Rly., W. N. (1876), and &eepost, p. 69. 
 245.
 
 PAYMENT OUT GENERALLY. 27 
 
 must be obtained (p) ; but if husband and wife are so 
 entitled, payment will be directed to them in succession, 
 and payment will be continued to the survivor, on proof, 
 by affidavit, to the Chancery Paymaster, of the death of 
 the other (q). On the death of a tenant for life, any 
 dividends due at his death will, upon proof of death, be 
 payable to his legal personal representatives, without any 
 direction in the order (r). 
 
 When money in Court is directed to be paid to persons Partners. 
 described in the order, or in a certificate, as co-partners, it 
 may be paid to any one or more of such co-partners (s) ; 
 and if any of such co-partners die before payment, it may, 
 upon proof of death, be paid to the survivors or survivor of 
 them (t). 
 
 Where a fund is payable to a person entitled to it as Payment to 
 personalty in his own right, it may, unless the order other- 
 wise directs, on proof of his death, whether on or after the 
 date of such order, be paid or transferred to his legal per- 
 sonal representatives or to the survivors or survivor of 
 them (u) ; but the fund will not be paid or transferred 
 under this rule to representatives under a probate or 
 letters of administration granted more than six years from 
 the date of the order, or in case the fund consists of in- 
 terest, from the last receipt of such interest (x) ; and where 
 the fund is payable to persons as legal personal representa- 
 tives, it will, upon proof of death, be paid or transferred to 
 the survivors or survivor of them (y). 
 
 (p) Seton, 92 ; Scrivener v. (t) Ibid., r. 54. 
 
 Smith, L. R. 8 Eq. 310; reJolliffc, (u) Ch. Funds Rules, 1874, rr. 
 
 L. R. 9 Eq. 668 ; but see re How, 15 53, 55. 
 
 Jur. 266 ; re Brent, 8 W. R. 270. (x) Ibid., r. 56 ; see Edwards v. 
 
 (q) Daniell, 1652 ; re Hoia, 15 Harvey, 11 W. R. 330. 
 
 Jur. 266. (y) Ibid., IT. 54, 55 ; but see 
 
 (r) Ch. Funds Rules, 1874, r. h/crys v. Smith, 11 W. R. 479 ; 
 
 53. where they were also trustees. 
 
 (s) Ibid., r. 53.
 
 28 
 
 PAYMENT OUT GENERALLY. 
 
 Small sums. 
 
 Fund belonging 
 to Crown. 
 
 Payment out on 
 undertaking. 
 
 Powers of 
 attorney. 
 
 A fund will not be ordered to be paid out to an ad- 
 ministrator ad litem (z) ; nor to a representative ap- 
 pointed under 15 & 16 Viet. c. 8G, s. 44 (a) ; nor to a per- 
 sonal representative constituted under a foreign pro- 
 bate (6). 
 
 Small sums have been ordered to be paid out to next of 
 kin, without letters of administration (c). 
 
 A small fund belonging to an infant has, under special 
 circumstances, been ordered to be paid to its father (d). 
 
 A fund payable to the Crown will be ordered to be 
 paid to such persons as the Sovereign may by sign manual 
 appoint (e). 
 
 If the fund is small, or the amount payable to each 
 person does not exceed 10, the Court will order payment 
 out to the solicitor, or one of the parties, on his under- 
 taking to distribute the fund among the persons entitled 
 thereto (/) ; but the written authority of the persons in- 
 terested is necessary (g), and the signatures to the autho- 
 rity should be verified by affidavit (h). 
 
 The Court will order payment out to a person properly 
 authorised, by power of attorney, to receive the specific 
 fund in question ; but the due execution of the power 
 must be proved (i), and if any considerable time has 
 
 (z) Williams v. A lien, 32 Beav. 
 650. 
 
 (a) Byam v. Sutton, 19 Beav. 
 646. 
 
 (b) Lasseur v. Tyrconnel, 10 
 Beav. 28. 
 
 (c) Hinings v. Hinings, 2 H. 
 & M. 32 ; re Jones, W. N. (1866), 
 65 ; and see re Hanking, L. R. 6 
 Eq. 601 ; and 27 & 28 Viet. c. 56, 
 s. 5. 
 
 (d) Walsh v. Walsh, 1 Drew. 
 64, and see re Morrison, 16 Sim. 
 42. 
 
 (e) Tomkins v. Lane, 2 W. R. 
 
 340. 
 
 (/) Brandling v. Humble, Jac. 
 48; cf. Petty v. Petty, 12 Beav. 
 170. The Court will see that the 
 fund is properly applied : Sirdefield, 
 v. Thacker, 18 Beav. 588. 
 
 (g) Kclsall v. Minton, 2 Beav. 
 361 ; Anon., 5 Jur. N. S. 385 ; 
 but the authority may be dispensed 
 with : Staincs v. Giffard, 20 Beav. 
 484 ; Mansfield v. Green, W. N. 
 (1866), 220. 
 
 (h) Downing v. Picken, Kay, 
 App. 1. 
 
 (i) As to evidence of execution,
 
 PAYMENT OUT GENERALLY. 29 
 
 elapsed, an affidavit that the power is still in force is 
 necessary (k). The application ought perhaps strictly to 
 be by the attorney as well as by the party (I). A general 
 power of attorney will not as a rule enable a solicitor to 
 apply for payment out (m). 
 
 Where a pauper lunatic is entitled to a fund in Court. Pauper luna- 
 tics. 
 
 the treasurer of a county, guardians of the poor, or over- 
 seers of a parish, may apply by petition to the Chancery 
 Division for payment out of past or future maintenance (ri). 
 Such payment may be ordered out of income or corpus, 
 and has been made for the past maintenance of the pauper 
 lunatic, his wife, and child (o). The Court has, however, a 
 discretion to refuse payment (p) ; and where there is also a 
 claim for past maintenance by relations, such claim will 
 be preferred (q). The jurisdiction to direct such payment 
 for maintenance ceases on the death of the lunatic (r). 
 
 The petitioner must prove his title to the fund, unless Evidence. 
 it is shown by the Chief Clerk's certificate or by previous 
 orders of the Court. The Chancery Paymaster's certificate 
 of the fund in Court must also be obtained, and left with 
 the Registrar when the order is bespoken (s). If the 
 funds are restrained by any order, the restraining order, or 
 an office copy thereof, must also be left ; and if payment is 
 ordered to personal representatives, the probate or letters 
 of administration, or an official copy of the grant thereof, 
 
 see Daniell, 1666 ; Seton, 103, Johns. 700 ; re Baker, L. R. 13 
 
 104. Eq. 168 ; re Phelps, 28 L. T. N. S. 
 
 (fc) Bailey v. Collett, 18 Beav. 350. 
 
 179. (o) Re Drewery, 2 W. R. 436 ; 
 
 (0 Fell v. Jones, 17 Beav. 521. Seton, 1517. 
 
 (m) Waddilovev. Taylor, 13Jur. (p) He Cokman, 14 L. T. N. S. 
 
 1023 ; but see exp. De Beaumont, 587. 
 
 13 Jur. 354 ; Carr v. Eastabrook, 2 (q) Re Gibson, L. R. 7 Ch. 52. 
 
 Cox, 390. (r) Re Mar nan, 8 Ch. D. 256. 
 
 (n) Re Upfull, 3 Mac. & G. 281 ; (s) Daniell, 1650. 
 re Ward, 2 W. R. 406 ; re Buckley,
 
 30 PAYMENT OUT GENERALLY. 
 
 and an affidavit identifying the person dead, to which the 
 certificate of death, and probate, or administration or office 
 copy, should be made exhibits (t) ; and if the order deals 
 with purchase money, a consent brief for the purchaser, or 
 an affidavit of notice to him of the intended application, 
 and that the conveyance has been executed and delivered 
 to him, must also be produced (u). 
 
 Affidavit of no The affidavit of no settlement should be made by 
 " n ' husband and wife. It is not sufficient for the affidavit to 
 state that the fund is not settled, or is not affected by the 
 settlement. It must state that no settlement or agree- 
 ment for a settlement has been made ; or, if there is a 
 settlement or agreement, it must identify the instrument, 
 and state that there is no other, and the instrument must 
 be produced. When produced the Court will inspect it, or 
 counsel will certify that he has carefully perused it, and 
 that it does not affect the fund ; and when produced in 
 chambers an affidavit of the solicitor to the like effect is 
 required (x). Where the marriage is not otherwise proved, 
 the affidavit should state the time and place of the mar- 
 riage, and a certificate thereof should be made an ex- 
 hibit (y). 
 
 Where the husband was abroad (z), and where he re- 
 fused to join in the affidavit (a), and where the wife had 
 obtained a protection order (6), payment out was ordered 
 on an affidavit of the wife alone, coupled with evidence of 
 the above facts. 
 
 (t) Daniell, 1664. (y) Daniell, 90. 
 
 (u) Ibid., 1657. (z) Wilkinson v. Schneider, L. R. 
 
 (as) Britten v. Britten, 9 Beav. 9 Eq. 423 ; Elliott v. Remmington, 
 
 143 ; Rose v. Rolls, 1 Beav. 270 ; 9 Sim. 502. 
 
 Daniell, 90; Seton, 670. As to (a) Anon., 3 Jur. N. S. 839. 
 
 certificate of counsel, see Hamilton (b) Ewart v. Chubb, L. R. 20 
 
 v. Arrowsmith, W. N. (1877), 261 ; Eq. 454. 
 re Todd, 19 Beav. 582.
 
 PAYMENT OUT GENERALLY. 31 
 
 When both husband and wife were abroad, the affidavit 
 of the solicitor was, under special circumstances, ad- 
 mitted (c). 
 
 The affidavit has been dispensed with where the sum 
 was very small (d) ; and also where it was impossible to 
 obtain the usual affidavit (e). 
 
 The affidavit is necessary though the fund is to be paid 
 to a widow (/), or to a woman who marries after the date 
 of the order, but before actual payment out (g). 
 
 Where a person has not been heard of for seven years, Presumption of 
 payment out will be ordered to the persons who are enti- se e y en 
 
 tied to the fund on his death. After seven years there is 
 a presumption of law that he is dead, but at what time 
 within that period he died is not a matter of presumption, 
 but of evidence, and the onus of proving that he was 
 alive or dead at any particular time within the seven 
 years lies upon the person whose claim rests upon such 
 fact Qi). But where the circumstances tend to show that 
 death took place at a particular period, the Court will 
 presume death at that period, though no strict proof is 
 forthcoming (i~). 
 
 Every order dealing witli a fund liable to duty must Payment of 
 provide for payment of duty, or must direct the Chancery y ' 
 Paymaster to have regard to the fact that such duty is 
 payable (&). 
 
 Every order providing for the payment of duty is to 
 direct that such duty shall, upon the requisition of the 
 
 (c) Woodward v. Pratt, L. R. (g) Ante, p. 24. 
 
 16 Eq. 127 ; anil see Rowland v. (h) lie Phcne, L. R. 5 Ch. 139 ; 
 
 Oakley, 14 Jur. 845. re Lewes, L. R. 6 Ch. 356 ; re 
 
 (d) Veal v. Veal, L R. 4 Eq. Westbrook, W. N. (1873), 167 ; re 
 115. Baldwin, W. N. (1875), 45. 
 
 (e) Clarke v. Woodward, 25 (i) Hickman v. Upsall, 4 Ch. D. 
 Be.iv. 455. 144. 
 
 (/) Elrington v. Elrington, 4 (k) Ch. Funds Rules, 1874, r. 
 Drew. 545. 14.
 
 32 PAYMENT OUT GENERALLY. 
 
 Commissioners of Inland Revenue, be transferred to the 
 account of the Receiver-General of Inland Revenue at the 
 Bank (I). 
 
 If the duty has been paid, the official receipt or certifi- 
 cate of the Controller should be produced and entered as 
 read in the judgment or order (m). A copy of the entry 
 from the official books is, however, sufficient evidence, if 
 duly proved (ri) ; but an affidavit of payment by the 
 applicant's solicitor is insufficient (o). 
 
 Where a fund chargeable with duty is ordered to be 
 invested, carried over, or placed to a separate account, the 
 words " subject to legacy duty," or, " subject to succession 
 duty," should be added to the title of the account (p). 
 But where the fund is not subject to a contingency, the 
 order should provide for the duty, and carry over the 
 residue only, instead of carrying over subject to duty (q). 
 
 Where legacies are given free of duty, it must be shown 
 that the duty has been paid out of the residue (r) ; and 
 where the residue is insufficient to pay such duty, the 
 legacies 'must bl^ar the duty rateably (s). 
 
 Where payment is directed to legal personal represen- 
 tatives, no receipt for duty is necessary, the representatives 
 being accountable (f). 
 
 If a fund is improperly paid out, without providing for 
 payment of duty, the person chargeable with the duty 
 may, on the petition of the Attorney-General, be ordered 
 to pay the amount (u). 
 
 (I) Ch. Funds Rules, 1874, r. (q) Regr. Reg. 20 June, 1870 ; 
 
 14. Seton, 112. 
 
 (m) Ibid., r. 67 ; Seton, 113. (r) Seton, 112. 
 
 (n) Harrison T. Harwell, 10 Sim. (5) Wilson v. O'Leary, L. R. 17 
 
 380. Eq. 419. 
 
 (o) Ee Marsham, 12 "W. R. 46. (t) Seton, 113. 
 
 (j>) Ch. Funds Rules, 1874, r. (u) Bryan v. Mansion, 3 Jur. 
 
 14 N. S. 473.
 
 PAYMENT OUT GENERALLY. 
 
 33 
 
 The costs of applications for payment out are usually Costs. 
 paid out of the fund in Court ; and though the application 
 is merely for payment of income, the costs have been 
 ordered to be paid out of corpus (x). 
 
 The costs of persons appearing unnecessarily, though 
 properly served, have been refused (y). 
 
 The purchaser under the decree, and a person as against 
 whom proceedings had been stayed, were allowed their 
 costs of appearing on an application to carry over the 
 funds to particular accounts (0) ; but the costs of a pur- 
 chaser who has got his conveyance will not be allowed (a). 
 
 (x) Scrivener v. Smith, L. E. 8 Eq. 
 310 ; Longuet v. Hockley, 22 L. T. 
 N. S. 198 ; but see Eady v. Wai- 
 son, 33 Beav. 481. Compare cases 
 under Trustee Relief Act, post, 
 p. 42. 
 
 (y) Justices of Coventry, 19 Beav. 
 158 ; and see ante, p. 13. 
 
 (z) Rowley v. Adams, 16 Beav. 
 312 ; Noble v. Stow, 30 Beav. 272. 
 As to costs where the fund is stand- 
 ing to a separate account, see Gover 
 v. Stilwell, 21 Beav. 182. 
 
 (a) Barton' v. Latour, 18 Beav. 
 526.
 
 CHAPTER III. 
 
 Without an 
 order. 
 
 On petition. 
 
 TRUSTEE RELIEF ACT. 
 
 Payment in. 
 
 TRUSTEES, executors, administrators, and others, or the 
 major part of them, may, on filing an affidavit, shortly 
 describing their trust, pay, and transfer into Court, without 
 an order, any trust moneys, annuities, or Stock at the Bank 
 of England, or Government or Parliamentary Securities (a). 
 
 Where any moneys, annuities, stocks, or securities are 
 vested in any persons upon trust, and the major part of 
 such persons are desirous of paying, transferring, or deli- 
 vering the same into Court, but the concurrence of the 
 other or others of- them cannot be had, the Court may 
 order such transfer, payment, or delivery, to be made by 
 the major part of such persons, without the concurrence 
 of the other or others of them ; and where such moneys, 
 or Government or Parliamentary Securities are deposited 
 with any banker, broker, or other depositary, the Court 
 may order payment and delivery of such moneys and 
 securities to the major part of such persons, for the pur- 
 pose of being paid and delivered into Court (6). 
 
 Under this section Debenture Stock and Consolidated 
 Stock of a railway company, and also India 4> per cent. 
 Stock, have been ordered to be paid into Court (c). 
 
 (a) 10 & 11 Vic. c. 96, s. 1 ; re 
 Biggs, 11 Beav. 27; Ch. Funds 
 Kules, 1874, r. 34. 
 
 (6) 12 & 13 Vic. c. 74, s. 1. 
 
 (c) Ee Gledstanes, W. N. (1878), 
 
 26.
 
 TRUSTEE RELIEF ACT. 35 
 
 Where one of three trustees was mentally incapable, 
 the Court, upon the petition of the other two, made an 
 order for payment in (d). 
 
 The non-concurring trustees must be served with the 
 petition (e). 
 
 Payment out 
 Where a fund has been paid into Court under the Act, Powers of 
 
 the Act 
 
 the Court may make orders as to the investment and pay- 
 ment out of such fund, and of the dividends and interest 
 thereon, and for the administration of the trusts affecting 
 the same ; but if it shall appear that the trust funds 
 cannot be safely distributed without the institution of a 
 suit, a suit may be directed (/). 
 
 The Court has the same jurisdiction upon a petition jurisdiction, 
 under the Act as in an action, and may decide all ques- 
 tions relating to the fund paid in (g). It may, upon such 
 petition, declare the validity or invalidity of a deed (/i) ; 
 or may make a declaration of right (i) ; or decide ques- 
 tions of construction (j}\ or give effect to a married 
 woman's equity to a settlement (k) ; or direct an issue to 
 try the sanity of a testator (I) ; or direct inquiries, and 
 distribute the fund as in an administration suit (m) ; or 
 reform a deed or rectify a settlement (n). 
 
 Though the jurisdiction of the Court is properly confined 
 
 (d) Re Broadwood, 8 L. T. N. S. ( j) He Pattern, 1 D. M. & G. 
 632. 265. 
 
 (e) Re Bryant, W. N. (1868), (fc) Re Disney, 2 Jur. K S. 206 ; 
 123. re Cutler, 14 Bcav. 220 ; re Grove, 
 
 (/) 10 & 11 Vic. c. 96, s. 2; re 3 Giff. 575. 
 Fozard, 24 L. J. Ch. 441. (1) Re Alien, Kay, App. 51. 
 
 (g) Re Allen, Kay, App. 61. (m) Re Trower, 1 L. T. N. S. 
 
 (h) Re Bloye, 1 Mac. & G. 488 ; 54. 
 3 H. L. Ca. 607. (n) Re Hoare, 4 Giff. 254 ; re De 
 
 (i) Re Walker, 16 Jur. 1154 ; re la Touche, L. R. 10 Eq. 603 ; re 
 
 2f organ, 2 W. R. 439. Bird, 3 Ch. 1). 214. 
 
 D 2
 
 36 TRUSTEE RELIEF ACT. 
 
 to the fund paid in,. yet where a part only of the trust 
 fund had been paid in, the Court, in a clear case, ordered 
 the trustee to pay the remaining part to the persons enti- 
 tled (o) ; and a prospective order has been made for pay- 
 ment of the income of any future fund to be paid in to 
 the same account (p). The Court cannot, on the applica- 
 tion for payment out, entertain any question as to whether 
 the right sum has been paid in (q). 
 
 Application: The application must be by petition, not by motion or 
 how made. action (r) ; or, in cases where the fund does not exceed 
 300 cash or 300 stock, by summons in chambers (s). 
 Where an action has been brought the Court may make a 
 declaration of right, leaving the payment to be obtained 
 on petition (). Where the fund is over 300, it seems 
 that payment out cannot be ordered by the decree in a 
 pending suit without a petition (u) ; though in an admi- 
 nistration suit a petition was dispensed with, the order 
 for payment out being entitled in the matter of the 
 Act (i>). Where, however, an order has once been made 
 on a petition under the Act, any further proceedings may 
 be taken by summons at Chambers (w). 
 
 Cross petition. Where there are adverse claims, it seems that a cross 
 petition should, in strictness, be presented (x) ; but in 
 practice this is seldom done, the Court having jurisdiction 
 to order payment to a respondent (y). 
 
 (o) Re Wright, 1 Sm. & G. 185. 
 App. 5. (u) Otte v. Castle, 1 W. R. 64. 
 
 (p) Re Chamberlain, 22 Beav. 286. (v) Dixon v. Morley, W. 1ST. 
 
 (q) Re Sharpc, 15 Siin. 470 ; re (1869), 49. 
 Jenkins, 10 Jur. N. S. 332. (w) Re Hodges, 4 D. M. & G. 
 
 (r) Re Masselin, 15 Jur. 1073 ; 491 ; re Tracey, 6 Ir. R. Eq. 271. 
 exp. Stock, 5 Ir. Ch. R. 341 ; Pel- (x) Lewis v. Sillman, 3 H. L. 
 
 ling v. Ooddard, 9 Ch. D. 185. Ca. 607. 
 
 (s) Ch. Funds Amended Ord. (y) Re Woollard, 18 Jur. 1012 ; 
 
 r. 6. re Walker, 16 Jur. 1154 ; Daniell, 
 
 (<) Felling v. Goddard, 9 Ch. D. 1791.
 
 TRUSTEE RELIEF ACT. 37 
 
 Any person interested in or entitled to the fund may Who may 
 petition (z), whether named in the trustees' affidavit or 
 not (a). The trustees are competent to present a petition, 
 though they are not the proper persons, and should not do 
 so even at the request of one of the cestuis que trusts. If 
 they present the petition they will only be allowed re- 
 spondents' costs, and the carriage of the order may be 
 given to the cestuis que trusts (b). 
 
 A person entitled to an aliquot share may petition for 
 payment out of his share (c). 
 
 A person of unsound mind, not so found, may petition, 
 by his next friend, for payment of dividends to his next 
 friend for his maintenance (d). 
 
 A deaf, dumb, and blind person may petition, without 
 a next friend, for payment out, but only the income will 
 usually be ordered to be paid (e). 
 
 The guardians of a parish may petition for payment 
 out of a fund belonging to a pauper lunatic (/); and a 
 professed nun is entitled to have a fund paid out to 
 her (g). 
 
 A petitioner may apply in formd pauperis (li). 
 
 Trustees of charities may petition for payment out Charities, 
 under the Act without the consent of the Charity Com- 
 missioners (i). Although charity trustees may pay their 
 
 (z) Ch. Funds Amended Ord. Macfarlane, 2 J. & H. 673 ; Conduit 
 
 r. 6. v. Soane, 5 My. & Cr. Ill ; re 
 
 (a) Me Pultrcll, 7 Ch. D. 647 ; Brandon, W. N. (1879), 215 ; and 
 Felling v. Godd.ard, 9 Ch. D. 185. sse ante, p. 25. 
 
 (b) Re ffutchinson, 1 Dr. & S. (e) Re Biddulph, 5 De G. & S. 
 27 ; re Cazncau, 2 K. & J. 249 ; re 469. 
 
 Trower, 1 L. T. N. S. 64. Secus, (/) Re Phelps, 28 L. T. N. S. 
 
 if all parties request them to apply ; 350 ; re Upfull, 3 Mac. & G. 281 ; 
 
 re Cooper, cit. 2 E. & J. 251. and see ante, p. 29. 
 
 (c) Re Be/ord, 21 L. T. 164 ; re (g) Re Mctcalfe, 2 D. J. & S. 122. 
 Jlnwke, 18 Jur. 33 ; Winkworth v. (h) Re Money, 13 Beav. 109. 
 Winkworlh, 32 Beav. 233. (i) Re St. Giles, 25 Beav. 313 ; 
 
 (d) Re Perry, 23 W. R. 335 ; re but sec next note.
 
 38 
 
 Title and form 
 of petition. 
 
 Evidence. 
 
 Service. 
 
 trust fund into Court under the Trustee Relief Act, it is 
 irregular for them to follow that step up by presenting a 
 petition for the administration of the charity funds (j). 
 
 The petition should be entitled in the matter of the 
 Act, and in the matter of the particular trust (k). It 
 should set out the material parts of the affidavit (I), viz., 
 those describing the trust, and the interests of the per- 
 sons entitled, and the difficulty which induced the pay- 
 ment into Court (m) ; but the petition should not set out 
 the affidavit in extenso, or at needless length (n). The 
 petition must name some place where the petitioner may 
 be served with any petition or summons, or notice of any 
 proceeding or order relating to the fund ; and until this 
 has been done, the petition cannot be set down to be 
 heard (o). 
 
 The petition must be supported by proper evidence 01 
 the title of the applicant ; and, if necessary, inquiries will 
 be directed (p). A person making an affidavit may, as in 
 other cases, be cross-examined (q). The trustees ought 
 not to take copies of the claimants' affidavits (r). 
 
 The petition should be served on all persons in- 
 terested (s). Thus, the trustees should be served with a 
 petition by the persons interested ; the persons interested 
 should be served with a petition by the trustees (t). 
 
 (j) Re Poplar School, 8 Ch. D. 
 543 ; Ch. Funds Amended Orders, 
 1874, r. 5. 
 
 (k) Ch. Funds Amended Ord. r. 
 10 ; re Perry, W. N. (1875), 17. 
 For form of petition, see post. 
 
 (1) He Levett, 5 De G. & S. 619 ; 
 Re Flack, 10 Hare, App. 30. 
 
 (m) Daniell, 1791. 
 
 (n) Re Courtois, 10 Hare, App. 64. 
 
 (o) Ch. Funds Amended Orders, 
 1874, r. 9. 
 
 (p) Re Wood, 15 Sim. 469 ; re 
 
 Sharpe, ib. 470 ; re Barber, 1 Sm. 
 & G. 118 ; re Morgan, 2 W. R. 
 439 ; re Bolton, 18 W. R. 56 ; re 
 Battersby, 10 Ch. D. 228. 
 
 (q) Re Bendyshe, 5 W. R. 816. 
 
 (r) Re Lazarus, 3 K. & J. 555. 
 
 (s) Re Greenland, 1 W. R. 46 ; 
 but see re Colson, 2 W. R. Ill : 
 where the parties were very nume- 
 rous. 
 
 (t) Ch. Funds Amended Ord 
 1874, IT. 7, 8.
 
 TRUSTEE RELIEF ACT. 39 
 
 Where a trustee cannot be found, the order will be 
 made, upon service at the address mentioned in his 
 affidavit (u) ; and where the house named by the trus- 
 tees as their address had been pulled down, and they 
 had not been heard of for ten years, service on them was 
 dispensed with (v). Service on the trustees was also 
 dispensed with where the fund had been carried to a 
 separate account, and the title was perfectly clear (w). 
 
 Where the persons interested were very numerous, 
 leave was given to serve some of them on behalf of the 
 others (x). 
 
 Where the rights of the parties have been declared 
 by the Court, it is not necessary to serve persons who, 
 though named in the affidavit as interested, have not 
 been declared to be so by the Court (y). 
 
 Where an inquiry had been directed, and the Chief 
 Clerk's certificate found that certain persons, not before 
 the Court, were interested, the Court directed them to be 
 served with the petition, the former order, the certificate, 
 and the present order, and directed the petition to stand 
 over till such persons had been served (z). 
 
 Where only the trustees had been served, the Court 
 made the order, upon their counsel arguing the case on be- 
 half of the other persons interested (a) ; and in another case, 
 where the trustees only had been served, the Court made 
 the order, but directed that it should not be drawn up for 
 a fortnight, and that the other persons interested should 
 be served with notice, that at the end of that period, 
 
 (w) Exp. Baugham, 16 Jur. 325 ; (a;) Re Colson, 2 W. R. 111. 
 re Lawrence, 14 W. R. 93. (y) He Fosbury, 39 L. T. N. S. 
 
 (v) Re Boltrni, 18 W. R. 56. 422. 
 
 (w) Re Young, 6 W. R. 400 ; re (z) Re Battcrshy, 10 Ch. D. 228. 
 Beauclerk, 11 W. R. 203 ; re Tho- (a) Re Domvilc, 17 Jur. 361. 
 mas, ibid. 276.
 
 40 
 
 TRUSTEE RELIEF ACT. 
 
 the fund would be paid out, unless they appeared and 
 objected (6). 
 
 A petition by a tenant for life for payment of income 
 need not be served on remaindermen(c) ; nor, it seems, 
 upon the trustees, if the petitioner's title is clear (d), and 
 the trustees have deducted their costs of payment in(e). 
 In such cases, the petitioner should write to the trustee 
 and tell him that, as the petition only affects income, his 
 appearance is unnecessary (/). Nor need remaindermen 
 be served, though the petition also asks that the shares 
 of the corpus be carried over to the accounts of the 
 remaindermen (</). 
 
 Where the petitioner's share has been carried over to 
 a separate account, the parties interested in the other 
 shares need not be served (h) ; and it seems that a 
 petition may be presented for payment out of an un- 
 divided share, without serving the persons entitled to the 
 other shares (i) ; but in such a case the petition should 
 ask for the other shares to be carried over to separate 
 accounts (j\ or for liberty to apply in Chambers in respect 
 of the other shares (&). 
 
 A petition for payment to a lunatic's executors of money 
 paid in by the committee was ordered to be served on 
 the committee, though he had passed his accounts (I). 
 
 (J) Re Stutcly, 1 De G. & S. (/) Re Evans, supra. See R. S, 
 
 703. C. (Costs) Spec. All. rr. 17, 21. 
 
 (c) Re Whittling, 9 W. R. 830 ; (g) Re Hodges, 6 W. R. 487. 
 cxp. Fletcher, 12 Jur. 619 ; re Mar- (h) Re Young, 5 W. R. 400 ; re 
 ner, L. R. 3 Eq. 432 ; re Peart, 17 Hodgson, 2 Eq. Rep. 1083. 
 
 L. J. Ch. 168 ; re Thornton, 9 (i) Re Hawke, 18 Jur. 33 ; re 
 
 W. R. 475. Bejffard, 21 L. T. 164. 
 
 (d) Re Evans, L. R. 7 Ch. 609 ; (j) Re Hawke, supra. 
 
 exp. Fletcher, supra ; re Battell, 21 (k) Winkworth v. Winkworth, 32 
 
 W. R. 138. Beav. 233. 
 
 (c) Beaty v. Curson, L. R. 7 Eq. (1) Re Wyldc, 5 D. M. & G. 
 
 194, 196. 25.
 
 TRUSTEE RELIEF ACT. 41 
 
 Where an infant is to be served, a guardian ad litem 
 must be appointed (m). 
 
 The Court has jurisdiction under the Act to order 
 service upon a person out of the jurisdiction (n). 
 
 The Act makes no provision with regard to costs. In Costs. 
 practice, the costs of payment in are usually deducted by 
 the trustees before payment in ; but this should only be 
 done where the deductions are not objected to, as the 
 amount may be challenged when the fund comes to be 
 disposed of by the Court. Notice of the amount pro- 
 posed to be deducted should be given to the parties 
 interested (o). Trustees are entitled to their costs, 
 charges, and expenses of payment in (p), unless such pay- 
 ment in was unnecessary, vexatious, or merely to escape 
 liability (q).- The costs of payment in are usually paid 
 out of the corpus of the fund (r) ; but the costs of paying 
 in a legacy by an executor should be paid out of the 
 general residuary estate (s). The costs of payment in, 
 though deducted, may, on petition for payment out, be 
 ordered to be taxed (t). 
 
 The costs of a petition for payment out of corpus 
 usually come out of the fund itself; but where the fund 
 has been paid in by an executor, who has the general 
 residue in his hands, they may be ordered to be paid out 
 
 (m) Be Ward, 2 Giff. 122. As 19 L. J. Ch. 175 ; re Waring, 16 
 
 to appointing a guardian ad litem, Jur. 652 ; re Abbot, 38 L. T. N. S. 
 
 see ante, p. 6. 449.. 
 
 (n) Re Haney, L. R. lOCh. 275 ; (r) Re Whilton, L. R. 8 Eq. 
 
 re Wychcrley, 1 L. R. Ir. 12 ; re 352 ; re Larimer, 12 Bcav. 521. 
 
 Morant, W. N. (1879), 144. (s) Re Cawthorne, 12 Beav. 56 ; 
 
 (o) Scaly v. Curson, L. R. 7 Eq. re Jones, 3 Drew. 679 ; re Trick, 
 
 194, 196. L. R. 5 Ch. 170 ; re Birkctt, 9 Ch. 
 
 (p) Re Whillon, L. R. 8 E<I. D. 576. 
 
 352 ; but see re Haycock, 1 Ch. D. (t) Re Hue, 27 Beav. 337 ; re 
 
 611. Sweeper, 19 W. R. 793 ; re Haycock, 
 
 (q) Re Elliot, L. R. 15 Eq. 194 ; 1 Ch. D. 611. 
 re Gull, L. R. 20 Eq. 561 ; re Fwjy,
 
 42 
 
 TRUSTEE RELIEF ACT. 
 
 of such residue (u). Where some of the shares in the 
 fund had lapsed, the costs were ordered to be paid out of 
 the lapsed shares (v). 
 
 The costs of a petition by a tenant for life for pay- 
 ment out of income, will be ordered to be paid out 
 of income ; and the remainderman should not be 
 served, nor appear (w). The trustees' costs of appear- 
 ance on such a petition should also be paid out 01 
 income (x) ; but, semble, the trustees should not appear 
 on such a petition (y) ; unless, semble, to ask for their 
 costs of payments in, which have not previously been 
 deducted (z). 
 
 The trustees are primd facie entitled to their costs, as 
 between solicitor and client, of appearing on an applica- 
 tion for payment out (a) ; but not to their charges and 
 expenses, where the payment in is by an assurance 
 company (6). Trustees however may be deprived of their 
 costs where they have paid the fund into Court without 
 sufficient reason (c) ; and in cases of gross misconduct or 
 where the payment in is capricious and vexatious, the 
 
 (u) Re Trick, L. R. 5 Ch. 170 ; 
 but see re Birkett, 9 Ch.- D. 576 ; 
 re Jones, 3 Drew. 679 ; re Caw- 
 thorne, 12 Beav. 56 ; re Feltham, 1 
 K. & J. 528. 
 
 (v) Re Ham, 2 Sim. K S. 106. 
 
 (w) Re Marner, L. R. 3 Eq. 432 ; 
 re Evans, L. R. 7 Ch. 609 ; re 
 Mason, L. R. 12 Eq. Ill ; re Mun- 
 ton, W. K (1870), 106. 
 
 (a;) Re Evans, L. R. 7 Ch. 609 ; 
 re Whitton, L. R. 8 Eq. 352 ; re 
 Smith, L. R. 9 Eq. 374 ; re Mason, 
 L. R. 12 Eq. Ill ; re Munton, 
 W. K (1870), 106 ; but see re 
 Wood, L. R. 11 Eq. 155. 
 
 (y) Re Evans, L. R. 7 Ch. 609. 
 
 (2) Beaty v. Curson, L. R. 7 Eq. 
 
 194, 196. 
 
 (a) Re Swan, 2 H. & M. 34 ; 
 re Erskine, IK. & J. 302 ; re 
 Wright, 3 K. & J. 419 ; re Wylly, 
 28 Beav. 458 ; re Webb, L. R. 2 
 Eq. 456 ; re Maclean, L. R. 19 Eq. 
 282 ; re Haycock, 1 Ch. D. 611. 
 
 (b) Re Haycock, 1 Ch. D. 611 ; 
 re Webb, L. R. 2 Eq. 456 ; re Kerr, 
 L. R. 8 Eq. 331. 
 
 (c) Re Waring, 16 Jur. 652 ; re 
 Faqg, 19 L. J. Ch. 175 ; re Coving- 
 ton, 1 Jur. N". S. 1157 ; re Hctning, 
 3 K. & J. 40 ; re Cull, L. R. 20 
 Eq. 561 ; Desborough v. Harris, 5 
 D. M. & G. 439 ; re Abbot, 38 L. T. 
 N. S. 442.
 
 TEUSTEE RELIEF ACT. 43 
 
 Court will throw upon the trustees personally the costs of 
 the petition (d). 
 
 A person, who petitions for payment out, cannot object 
 to pay the costs of payment in and appearance, on the 
 ground that the person paying in had no power to do so 
 under the Act (e) . 
 
 The costs of an unsuccessful claimant may, in a proper 
 case, be allowed out of the fund (/) ; but a claimant, not 
 named in the affidavit, who is served and disclaims at the 
 bar, will not be allowed his costs (g). The Court has 
 power to order the costs of payment out to be paid by a 
 respondent whose unfounded claim was the cause of the 
 payment in (h). 
 
 Parties who, though served, have no interest in the 
 fund should not appear ; and if they do, they will get no 
 costs (i) ; but 2 2s. should be tendered them for costs of 
 perusal (j). So where the first charge will exhaust the 
 fund, the costs of a second incumbrancer will not be 
 allowed (k). 
 
 Trustees applying for payment out will only be allowed 
 respondents' costs, unless all the beneficiaries request 
 them to petition (I). 
 
 (d) Re Woodburn, 1 De G. & J. (h) Re Armston, 4 D. J. & S. 
 333 ; re Cater, 25 Beav. 361, 366 ; 454 ; re Bicketts, 1 J. & H. 70; 9 
 re Knight, 27 Beav. 45 ; re Foligno, H. L. Ca. 373 ; re Benton, 43 
 32 Beav. 131 ; Beaty v. Curson, L. J. Ch. 715. 
 
 L. R. 7 Eq. 194 ; re Elliott, L. R. (i) Re Smith, supra ; re Birch, 
 
 15 Eq. 194 ; re Roberts, W. N. supra ; R. S. C. (Costs) Spec. All. 
 
 (1869), 88 ; re Hoskin, 5 Ch. D. r. 21. 
 
 229 ; 6 Ch. D. 281. (/) R. S. C. (Costs) Spec. All. r. 
 
 (e) Re Haycock, 1 Ch. D. 611 ; re 17. 
 
 Button, 12 Ch. D. 175. (k) Roberts v. Bull, 24 L. J. Ch. 
 
 (/) Re Birch, 2 K. & J. 369 ; re 471. 
 
 Dickson, 1 Sim. N. S. 37. (I) Re Cazneau, 2 K. & J. 249 ; 
 
 (g) Re Parry, 12 Jur. 615 ; re re Hutchinson, 1 Dr. & S. 27 ; re 
 
 Smith, 3 Jur. N. S. 659 ; and see Cooper, cit. 2 K. & J. 256. 
 re Shakeham, W. N. (1871), 172.
 
 44 
 
 TRUSTEE RELIEF ACT. 
 
 Appeal. An appeal from an order made under the Act must be 
 
 brought within twenty-one days (m). No appeal lies 
 from an order by which a trustee is deprived of or 
 ordered to pay costs (ri). 
 
 ^m) Re Baillie, 4 Ch. D. 785 ; (n) Re Hoskin, 6 Ch. D. 281 ; 
 and see ante, p. 14. but see re CJwnncll, 8 Ch. D. 492.
 
 CHAPTER IV. 
 
 LEGACY DUTY ACT. 
 
 WHERE by reason of the infancy, or absence beyond the Payment in 
 
 J without an 
 
 seas of any person entitled to any legacy, or to the residue order, 
 of any personal estate, or any part thereof, chargeable with 
 legacy duty, the executor or administrator cannot pay such 
 legacy or residue, or some part thereof, he may pay the 
 same, after deducting the duty, into Court to the account 
 of the person for whose benefit the same is paid (a). The 
 money will be invested in Consols upon a written request, 
 without an order (6). 
 
 No order is necessary for payment in, unless the legacy payment in 
 is in stock ; in which case an order may be obtained on on P etitlon - 
 an ex parte petition (c), or summons (d) ; and the costs of 
 the application are paid out of interest (e). 
 
 The application for payment out is made by ex parte Payment out. 
 petition (/) ; or if the sum paid in does not exceed ,300 
 cash or 300 stock, by ex parte summons at Chambers ((/). 
 The application may be also made by summons where the 
 fund has been paid in under an order, or where an order 
 in the matter has been made since the payment in (K). 
 
 (a) 36 Geo. III. c. 52, s. 32. xxxv. 1 (2). 
 
 (6) Ch. Funds Rules, 1874, r. (e) Seton, 733. 
 
 65. (/) 36 Geo. III. c. 52, s. 32. 
 
 (c) Re Watlington, 1 "W. K. 194 ; For form of petition, see post. 
 Seton, 732. (g) Cons. Ord. xxxv. 1 (2). 
 
 (d) Daniell, 1912 ; Cons. Ord. (A) Daniell, 1913.
 
 46 LEGACY DUTY ACT. 
 
 Title of The petition and all orders and affidavits should be 
 
 petition. 
 
 intituled in the matter of the Act and in the matter of 
 
 the infant or person beyond the seas. 
 
 Evidence. The application must be supported by an affidavit of 
 
 the identity of the applicant with the person to whose 
 account the fund is standing ; and if the fund was paid in 
 by reason of his infancy, it must be shown that he is of 
 full age. The Chancery Paymaster's certificate of the 
 fund in Court must be produced ; and an office copy of 
 his certificate of the payment or transfer into Court is 
 also usually required ; but no evidence of the legacy duty 
 having been paid is necessary (i). 
 
 Improper pay- If it shall appear that the fund or any part thereof, has 
 been improperly paid in, the Court may, upon petition, 
 dispose thereof in such manner as justice shall require ; 
 
 Insufficient anc l if the duty paid shall appear to be less than the duty 
 which ought to have been paid, the person who made the 
 payment into Court may, upon payment of the full duty, 
 apply to the Court, in a summary way, for repayment of 
 the further sum so paid for duty, out of the fund in Court 
 or the produce thereof (j). 
 
 (i) Daniell, 1913. (j) 36 Geo. III. c. 52, s. 32.
 
 CHAPTER V. 
 
 PARLIAMENTARY DEPOSITS. 
 
 UPON the application of not more than five persons, Parliamentary 
 one of the clerks of the House may by warrant or order payment in. 
 direct a parliamentary deposit to be paid into Court (a). 
 
 Upon such warrant or order being lodged with the 
 Paymaster-General, he will issue his direction for payment 
 in ; and the money or stock is to be paid or transferred 
 to an account ex parte the work or undertaking mentioned 
 in the warrant or order (6). 
 
 If the person or persons named in the warrant or order, Investments, 
 or the survivors or survivor of them, desire to have in- 
 vested any sum so paid into the Bank, or any interest or 
 dividends which may have accrued on any stocks or securi- 
 ties so transferred or deposited as aforesaid, the Court 
 may, on his or their petition, order that such sum or such 
 interest and dividends shall be laid out in consols or 
 reduced annuities or any government security or securi- 
 ties, at the option of such person 01 persons or the 
 survivor or survivors of them (c) . 
 
 The term "government securities" has been held to 
 include New 3 5s. per cent. Bank Annuities (d). It has 
 been also held that the fund can only be invested in the 
 
 (a) 9 & 10 Vic. c. 20, s. 2. (d) Re Newport Rly. Co., 11 Jur. 
 
 (b) Ibid. s. 3. 160. 
 
 (c) Ibid. s. 4.
 
 48 
 
 PARLIAMENTARY DEPOSITS. 
 
 Payment out. 
 
 Who may 
 petition. 
 
 securities mentioned in the Act, and not as " cash under 
 the control of the Court " (e) ; but in a subsequent case 
 the Court allowed an investment in India Stock (/). 
 
 The Court refused to allow the petitioners any discretion 
 to invest at different times or in different funds, and 
 required them to name the fund in their petition (g). 
 The petitioners will not be allowed to employ their own 
 private broker to effect the investment, but must employ 
 the broker of the Paymaster-General (h). 
 
 On the termination of the Session of Parliament in 
 which the petition or bill has been introduced, or if such 
 petition or bill shall be rejected or finally withdrawn or 
 shall not be allowed to proceed, or if no petition is pre- 
 sented or the Act shall be passed, the Court may, upon 
 the petition of the person or persons named in the warrant 
 or order, or the survivors or survivor of them, or the 
 majority of such persons, direct the deposit, and the 
 interest and dividends thereof, to be paid or transferred 
 to the party or parties so applying, or to any other person 
 or persons whom they may appoint in that behalf (i). 
 
 The petition need not be presented by all the de- 
 positors ; it is sufficient if the application is made by the 
 majority (.;'). If the petition is signed by the petitioners, 
 the payment or transfer may be ordered to their nominees, 
 as for instance, to their solicitor or banker (&) ; but the sig- 
 natures must be verified by affidavit (I). Where the peti- 
 
 (e) Exp. Great NortJicrn R. Co. 
 L. E. 9 Eq. 274. 
 
 (/) Re Southwold R. Co., 1 Ch. 
 D. 697. 
 
 (g) Re NewportR. Co., llJur.160. 
 
 (h) Re Undertaking of West 
 Riding, &c., W. N. (1876), 80 ; re 
 Bolton Tramways Act, 34 L. T. 
 N. S. 230. 
 
 (i) 9 & 10 Vic. c. 20, s. 5. For 
 
 form of petition, see post. 
 
 (j) Daniell, 1859 ; but see re 
 StainesR. Co., 9 Jur. 479. 
 
 (k) Re Warwick R. Co., 13 Sim. 
 31 ; exp. Boston, 4 Ely. Ca. 230. 
 
 (I) Pemb. 664. Where the sig- 
 natures were attested by the soli- 
 citor, an affidavit verifying them 
 was not required ; exp. Brompton 
 Waterworks, 8 W. R. 636, n.
 
 PARLIAMENTARY DEPOSITS. 49 
 
 tion is presented by a public company, payment will be 
 ordered to its nominee, if the common seal of the company 
 is attached to the petition, but it is not necessary to verify 
 the seal (m). The seal must be affixed to the original 
 petition, and not to a separate authority (n). 
 
 The fact of the petition or bill having been rejected, or Evidence. 
 not having been allowed to proceed, or having been with- 
 drawn, or not having been presented, or of the Act having 
 been passed, must be proved by the certificate of the 
 Chairman of Committees of the House of Lords, with 
 reference to any proceeding in the House of Lords, or of 
 the Speaker of the House of Commons, with reference to 
 any proceeding in the House of Commons ; which certifi- 
 cate the said Chairman or Speaker shall grant on the 
 application in writing of the person or persons, or the 
 majority of the persons named in such warrant, or the 
 survivor or survivors of them (o). 
 
 In the Speaker's absence the certificate of the Deputy- 
 Speaker was held sufficient evidence of the withdrawal of 
 the bill (p) ; and a Queen's printer's copy of the Act has 
 been held sufficient evidence of the Act having been 
 passed (q). 
 
 Payment out of part of the deposit will not be ordered 
 on the withdrawal of part of a bill (r). 
 
 Where a deposit has been paid into court under " The Railways Con- 
 Railways Construction Facilities Act, 1864 " (s), the Court 
 may, on the application of the persons named in the 
 warrant of the Board of Trade, or of the majority or sur- 
 
 (m) Exp. London, Chatham, <k (q) Re Yarmouth R. Co., W. N. 
 
 Dover R. Co., 8 W. R. 636. (1871) 236. 
 
 (n) Re Dartmouth R. Co., 9 W. (r) Re Aberystwith Rly., 3 De G. 
 
 R. 609. F. & J. 201 ; but see re Wigan 
 
 (o) 9 & 10 Vic. c. 20, s. 5. Junction Rly., L. R. 10 Cli. 541. 
 
 (p) Exp. Slocksbridge Railway (s) 27 & 28 Vic. c. 121, ss. 34- 
 
 Bill, L. R. 2 Eq. 364. 36.
 
 50 PARLIAMENTARY DEPOSITS. 
 
 vivors of them, order the same to be invested in such 
 stocks, funds, or securities as the applicants desire, and 
 the Court thinks fit (t). 
 
 On the application of the depositors or the majority, or 
 survivors, the Court shall order the deposit to be paid out 
 to the applicants, or as they direct, in any of the follow- 
 ing events, namely : (1) If within the time mentioned in 
 the certificate, or if none is mentioned, then within five 
 years the railway is opened to the public ; (2) If within 
 the same time one half of the nominal capital is paid 
 up and expended ; (3) If they deliver to the solicitor of 
 Her Majesty's Treasury a bond as therein mentioned (v). 
 Otherwise the deposit shall be forfeited to the Crown (w). 
 
 Where a railway scheme had become abortive through 
 the impossibility of passing the Act during the then 
 session, the Court ordered payment out under the Act (#). 
 
 Evidence of the payment up and expenditure of capital 
 aforesaid, shall be by the certificate of the Board of Trade ; 
 and the delivery of the bond shall be proved by the certi- 
 ficate of the solicitor to the Treasury (y). 
 
 The depositors are entitled to the interest on the 
 deposit, and may apply to the Court for payment of the 
 same (z). 
 
 Any applications under this Act shall be made in a 
 summary way in such manner as the general orders of the 
 Court direct (a). 
 Railway Com- Where a warrant for abandonment is granted under 
 
 panies Act, 
 
 1867. " The Abandonment of Railways Act, 1850 " (6), the deposit, 
 
 or if the abandonment authorised is of part only of a 
 
 (0 27 & 28 Vic. c. 121, s. 38. (y) 27 & 28 Vic. c. 121, s. 44. 
 
 (v) Ibid. s. 40. (z) Ibid. s. 43. 
 
 (w) Ibid. s. 41. . (a) Ibid. s. 46. No general 
 
 (x) Re Widnes Ely. Co., L. E. orders have been made. 
 15 Eq. 108. (6) 13 & 14 Vic. c. 83, s. 15.
 
 PARLIAMENTARY DEPOSITS. 51 
 
 railway, then such proportionate part as the Board of 
 Trade thinks fit, shall be paid to the persons who would 
 be entitled to receive the same if the railway had been 
 completed and opened ; and the Court shall, on the appli- 
 cation of such persons, order payment accordingly, on a 
 certificate of the Board of Trade that such warrant for 
 abandonment has been granted (c). 
 
 Where the warrant for abandonment is made on con- 
 dition that the deposit shall be applied as part of the 
 assets of the company, the Court may direct that it shall 
 not be applicable for the payment of any debt which 
 appears to have been incurred on account of the promo- 
 tion of the company (d). 
 
 The expenses incurred in getting the bill passed, and 
 in getting up the company, and even in getting subse- 
 quent Acts, are debts incurred on account of promotion 
 within the above section (e). 
 
 Where the warrant is granted upon condition that 
 the deposit is applied as assets of the company, and the 
 company is being wound up, the Court may order the 
 deposit or so much thereof as is required to be applied as 
 assets of the company to be paid or transferred to the 
 official liquidator ; and unless the Court is satisfied that 
 the same nor any part thereof is not required to be 
 applied as assets, the Court is not to order the same or 
 any part thereof to be paid or transferred to any other 
 person (/). 
 
 When part of a deposit was paid out under the above 
 section, the costs of the petitioning depositors and of the 
 
 (c) 30 & 31 Vic. c. 127, 8. 34. 10 Eq. 613 ; re Barry Ely. Co., 4 
 
 (d) 32 & 33 Vic. c. 114, 8. 4 ; re Ch. D. 315 ; hut see re Kensington 
 Lnugharne Ely. Co., L. R. 12 Eq. Station Act, L. R. 20 Eq. 197. 
 454. (/) 32 & 33 Vic. c. 114, s 6. 
 
 (e) Re Brawpton Ely. Co., L. R. 
 
 F. 2
 
 52 PARLIAMENTARY DEPOSITS. 
 
 liquidator were ordered to be paid out of the general 
 assets of the company (g). 
 
 Tramways Act, The Board of Trade Rules made under the Tramways 
 Act, 1870, (h) contain a provision with regard to invest- 
 ment of deposits similar to that contained in " The Rail- 
 ways Construction Act, 1864 " (i). 
 
 Deposits paid in under "The Tramways Act, 1870," 
 may be paid out, if, within the time prescribed by the pro- 
 visional order or within two years, the tramway is com- 
 pleted and opened for public traffic (j). 
 
 The promoters are not by any subterfuge to get back 
 the deposit either directly or indirectly, if the tramway is 
 not completed (k). 
 
 If the tramway is not opened within the said time, the 
 deposit shall, after due notice in the Gazette, be applied 
 towards compensating road authorities, and subject there- 
 to, shall either be forfeited to the Crown, or, if the pro- 
 moters are a company and such company has been ordered 
 to be wound up, or a receiver has been appointed, it shall 
 be paid to the liquidator or receiver, or be otherwise ap- 
 plied as assets of the company for the benefit of the 
 creditors thereof (I). 
 
 Under this section the deposit cannot be applied as 
 assets of the company until it is ascertained in the wind- 
 ing up that there are debts which cannot be paid by 
 means of calls on the shareholders (m). It is only cre- 
 ditors that are to be considered, and not shareholders or 
 
 (g) Re LaugharneRly. Co., L. R. Ch. D. 484 ; but see re Tynemouth 
 
 12 Eq. 454. Tramway, 33 L. T. K S. 8. 
 
 (h) 33 & 34 Vic. c. 78, a. 64. See (I) Rule 26. 
 
 rule 23. (m) Re Bradford Tramways, 4 
 
 (i) 27 & 28 Vic. c. 121, s. 38 ; Ch. D. 18 ; but see re London and 
 
 Ante, p. 49. County Tramways, "W. N. (1875) 
 
 (;) Board of Trade Rules, 25. 49. 
 
 (k) Re Lowestoft Tramways, 6
 
 PARLIAMENTARY DEPOSITS. 53 
 
 promoters ; and it is only meritorious creditors coming 
 within a bond fide case (ri). 
 
 Where an order was made for payment out to the 
 liquidator, the costs of the Attorney-General were ordered 
 to be paid out of the deposit (o). 
 
 ! If Parliament refuse to confirm the provisional order, 
 or authorise only part of the tramway, or if such order is 
 withdrawn, the depositors may apply for payment out of 
 the deposit, or a proportionate part thereof (p). 
 
 In pursuance of the Standing Orders of the Lords and Special Acts. 
 Commons, there is inserted in special Railway and Tram- 
 way Acts a clause that, if the line is not opened within 
 the time limited, the deposit shall, after due notice in the 
 Gazette, be applied towards compensating landowners 
 and other persons, and subject thereto, shall be for- 
 feited to the Crown, or be applied as assets of the 
 company (q). 
 
 .The Court has refused to dispense with the usual Inquiryand ad- 
 inquiry and advertisements as to landowners, though no V 
 notices to treat had been given, and none of the powers 
 of the Act had been put in force (r). 
 
 A petition for payment out of a parliamentary deposit Vacation 
 
 . . business. 
 
 is vacation business (s). 
 
 (ri) Re Lowcstoft Tramways, 6 (q) Standing Orders, 1878, Lords, 
 
 Ch. D. 484 ; but see re Tynemouth 114-116, Commons, 158. 
 
 Tramways, 33 L. T. N. S. 8. ( r ) Re Yarmouth Pier Co. , W. K 
 
 (o) London and County Tram- (1876) 226 ; re Brcwood Rly. Co., 
 
 ways, W. N. (1875) 49. W. N. (1879) 109. 
 
 (p) Rule, 28. As to interest on (s) Re Wigan Junction Rly. t 
 
 the deposit, see rule, 27. L. R. 10 Ch. 541.
 
 CHAPTER VI. 
 
 THE NATIONAL DEBT ACT, 1870. 
 
 Application for WiiEEE a person claims stock or dividends, which have 
 been transferred or paid to the National Debt Com- 
 missioners, and he is unable to satisfy the Bank of 
 England of his right thereto, he may, by petition, state 
 and verify his claim to the Chancery Division of the High 
 Court. The petition must be served on the Attorney- 
 General, and on the National Debt Commissioners ; and 
 the Court shall make such order as to retransfer of the 
 stock, and payment of dividends or otherwise, and as to 
 costs as shall seem just (a). 
 
 Notice of Stock or dividends exceeding 20, will not be re- 
 
 transferred or paid until three months after the applica- 
 tion made for the same (6) ; nor until public notice has 
 been given thereof (c). Such public notice shall be given, 
 as the Bank thinks fit, by advertisement in one or more 
 newspapers circulating in London and elsewhere. Every 
 such notice shall state the name, residence, and descrip- 
 tion of the person in whose name the stock was standing 
 when transferred to the commissioners, the amount thereof, 
 the name of the claimant, and the time at which the re- 
 transfer will be made ; and where such retransfer is 
 
 (a) 33 & 34 Vic. c. 71, s. 55. Jlushworth v. Waldcn, 18 W. B, 
 For form of petition, see post. 204. 
 
 (6) 33 & 34 Vic. c. 71, s. 56 ; (c) 33 & 34 Vic. c. 71, s. 56.
 
 NATIONAL DEBT ACT. 55 
 
 ordered by the Court, the notice shall also state the 
 purport of such order (d). 
 
 Any person may, before the retransfer or payment, Application to 
 apply to the Court by motion or petition, to rescind or rescmd order - 
 vary the order for retransfer or payment (e). 
 
 Where, after transfer or payment, another claimant Application 
 proves his right to the fund, but cannot obtain transfer claimant. 
 or payment from the first claimant, the Court may, on 
 the petition of the second claimant, order the com- 
 missioners to transfer to him such sum in stock, and pay 
 to him such sum in money for dividends as the Court 
 thinks just (/). 
 
 Where the title is clear, the Court will at once order Inquiry : when 
 the retransfer, without an inquiry (g] ; but if the title is 
 not clear, or if the dividends have not been claimed for 
 many years, an inquiry as to the persons interested will 
 be directed (h). Where the title is disputed, it seems 
 that the Court cannot decide the question on petition (i). 
 
 No order will be made in the absence of the legal Legal owner. 
 owner of the fund (&) ; and where stock is in the name 
 of a trustee, the retransfer will be ordered, not to the 
 beneficiary, but to the trustee (I) ; but the fund will not 
 be paid to the legal owner in the absence of the persons 
 beneficially entitled (m). 
 
 A petitioner, who proves his right, is entitled to a Accumulations. 
 
 (d) 33 & 34 Viet. c. 71, s. 57. Molony, U. & H. 249. 
 
 (e) Ibid. B. 58. (i) Exp. Lavell, 2 J. & "W. 397 ; 
 (/) Ibid. 8. 60. Exp. Jolli/e, 8 Hunt v. Peacock, 6 Hare, 361 ; but 
 
 Beav. 168. see Exp. Gillctt, 3 Madd. 28. 
 
 (g) Exp. NicJwll, T. & R. 119 ; (k) Re Ashmead, L. R. 8 Ch. 
 
 re Avery, 1 R. & M. 356; exp. 113 ; but see re Steel, W. N. (1867) 
 
 Emits, 5 Jur. N. S. 951 ; re Ackland, 282. 
 
 26 L. T. N. S. 418. As to evidence (I) Exp. Jameson, L. R. 19 Eq. 
 
 see Howard v. Kay, 4 Drew. 151 ; 430. 
 
 re Beamish, 9 W. R. 475. (m) Exp. Ram, 3 My. & Cr. 25 ; 
 
 (K) Exp. Ram, 3 My. & Cr. 25 ; but see re Ackland, 26 L. T. N. S. 
 
 re Bishton, 6 W. R. 289 ; re 418.
 
 56 
 
 NATIONAL DEBT ACT. 
 
 Amount of 
 
 stock 
 
 unknown. 
 
 Fund to be 
 dealt with in 
 action. 
 
 Costs. 
 
 Unclaimed 
 annuities. 
 
 re transfer of the stock, and payment of the dividends ; 
 but not to accumulations arising from the investment of 
 dividends (ri). 
 
 Where the precise amount of the stock is unknown 
 to the petitioner, the Bank will, at the request of the 
 registrar of the Court, supply the information (o). 
 
 Where the fund is to be dealt with in an action, it 
 should not be directed to be paid to the credit of the 
 action, but to the petitioners, they undertaking to pay it 
 into Court to the credit of the action (p). 
 
 The costs of the Attorney-General, and of the Com- 
 missioners, were formerly directed to be paid out of the 
 fund (q) ; but now they are generally ordered to be paid 
 by the petitioners ; and the order for transfer is usually 
 made conditional on the previous payment of such 
 costs (r) ; which will only be taxed as between party 
 and party (s). 
 
 The Act applies to unclaimed annuities for terms of 
 years, forming part of the National Debt (t). 
 
 (ri) Re AsTimead, L. R. 8 Ch. 
 113 ; and see re Holland, 1 Phil. 
 379. 
 
 (o) Re Stapleton, W. N. (1872) 
 185. 
 
 (p) Rushworth v. Walden, 18 
 W. R. 204. 
 
 (q) Exp. Martin, Jac. 55 ; exp. 
 Gillett, 3 Madd. 28 ; re Holland, 1 
 Phil. 379. The Attorney-General 
 sometimes appears for the Commis- 
 
 sioners, as well as for the Crown, 
 see Lawrence v. Maule, 4 Drew. 
 472 ; exp. Ram, 3 My. & Cr. 25. 
 
 (r) Rushworth v. Walden, 18 
 "W. R. 204 ; exp. Sanford, W. N. 
 (1867) 77 ; re Steel, W. N. (1867) 
 282 ; exp. Jameson, L. R. 19 Eq. 
 430. 
 
 (s) Re Holland, 1 Phil. 379. 
 
 (t) 33 & 34 Vic. c. 71, s. 68.
 
 CHAPTER VII. 
 
 THE LANDS CLAUSES CONSOLIDATION ACT, 1845. 
 
 Applications under ss. 69, 70. 
 
 MONEY paid into court under the 69th section, in respect Section 69. 
 of lands belonging to persons under disability, may be ap- 
 plied : (1) in the discharge of land tax or incumbrances ; 
 (2) in the purchase of other lands ; (3) in replacing build- 
 ings ; or (4) in payment to persons absolutely entitled ; 
 and in the meantime may be invested in government or 
 real securities. 
 
 The application to the Court, for an order directing the Application, 
 
 . . how made. 
 
 money to be so applied must be made by petition, even 
 though the amount is under 300 (a) ; but where an 
 order has been made on petition for investment of part of 
 the fund, leave may be given to apply in chambers as to 
 the investment of the balance (b). 
 
 The petition should be entitled in the matter of the will Form of 
 or settlement affecting the lands, and of the Lands petl 
 Clauses Consolidation Act, and of the Special Act (c). 
 The sections of the Act should not be set out in the peti- 
 
 (a) 8 & 9 Vic. c. 18, s. 70 ; re the Act have been made by sum- 
 Clarke, 6 W. R. 812. mons, see re Jolliffe, L. R. 9 Ecj. 
 
 (b) Re Dunraven, 10 W. R. 56 ; 668 ; ep. Incumbent of Guildcn 
 re Rcaston, L. R. 13 Eq. 564 ; re Button, 8 D. M. & G. 380. 
 Jolli/e, W. N. (1868), 56 ; re Lap- (c) Re Clarke, 10 L. T. N. S. 366 ; 
 worth, W. N. (1879), 37. For Ston, 1424. For form of petition, 
 other cases where applications under see post.
 
 58 
 
 LANDS CLAUSES CONSOLIDATION ACT. 
 
 Who may 
 petition. 
 
 Service. 
 
 tion (d'). Where an order has been made by one branch 
 of the Court, subsequent applications should be made to 
 the same branch ; and where funds have been dealt with 
 by two branches, leave will be given to make the applica- 
 tion to the one in which the first order was made (e), 
 without any order for transfer (/). 
 
 The proper person to petition is the person entitled to 
 the rents and profits of the land taken (g). A tenant for 
 life may petition, though the land is subject to a mortgage, 
 or charged with an annuity (h). 
 
 An incumbrancer or annuitant cannot petition (i) ; nor 
 can a remainderman, though plaintiff in an administration 
 suit, petition for a transfer of the fund to the credit of the 
 cause (f). 
 
 A tenant for life may petition for investment and pay- 
 ment of dividends, though the conveyance has not been 
 executed (&), and though the title is doubtful (I). 
 
 A petition for investment in laud should be served on 
 the company, but not on remaindermen (m) ; but re- 
 maindermen should be served where the application is for 
 investment in improvements (?i), or where the petition is 
 presented under the 74th section (o). Where the fund is 
 standing to the credit of a cause, as well as of the matter 
 of the Act, the petition must be served upon all persons 
 
 (d) Re Manchester, <fcc., 8 Hare, 
 31 ; but see re Lilley, 17 Sim. 110. 
 
 (e) He Browse, 14 W. R. 298. 
 (/) Re Lord Arden, L. R. 10 
 
 Ch. 445. 
 
 (g) 8 & 9 Vic. c. 18, s. 70. 
 
 (h) Re Hungcrford, 3 K. & J. 
 455 ; exp. Cofield, 11 Jur. 1071 ; 
 re Pedley, 1 Jur. N. S. 654. 
 
 (i) Exp. Back, 2 You. & Jer. 
 386 ; but see exp. Wilkinson, 3 De 
 G. & S. 633. Compare s. 78 ;post, 
 
 p. 75. 
 
 (3) Nash v. Nash, 16 W. R. 
 1105. 
 
 (k) Re Wrcy, 13 W. R. 543 ; re 
 Hungcrford, 1 K. & J. 413. 
 
 (Z) Re Perry, 1 Jur. N. S. 917. 
 
 (m) Exp. Staples, 1 D. M. & G. 
 294 ; re Sterry, 3 W. R. 561. 
 
 (n) Re Leigh, L. R. 6 Ch. 887 ; 
 re Dowling, 24 W. R. 729. 
 
 (o) Re Crane, L. R. 7 Eq. 322 ; 
 post, p. 73.
 
 LANDS CLAUSES CONSOLIDATION ACT. 59 
 
 interested in the money, or upon the trustees who repre- 
 sent them (p). 
 
 Trustees may be served, but they will only be allowed 
 their costs as against the company where the fund cannot 
 be dealt with without having them before the Court (g) ; 
 but they ought not to be served with a petition for interim 
 investment (r). 
 
 A person entitled to an aliquot share in the fund may 
 apply for payment out of his share, without serving the 
 persons entitled to the other shares (s). 
 
 Petitioners claiming to be entitled to money paid in Evidence, 
 under this or any other Act authorising the sale of pro- 
 perty for public purposes, must make an affidavit, not only 
 verifying their title, but also stating that they are not 
 aware of any right in any other person, or of any claim 
 made by any other person, to the sum in the petition men- 
 tioned, or to any part thereof ; or if the petitioners are 
 aware of any such right or claim, they must in such affi- 
 davit state or refer to and except the same (t). 
 
 The affidavit is necessary though the petition is merely 
 for investment (u), or payment of dividends; and the Court 
 will not, even under special circumstances, dispense with 
 such affidavit (x). It appears also to be necessary where 
 the application is by a tenant in tail who has executed a 
 disentailing deed (y). 
 
 (p) Bradshaw T. Fane, 9 Jur. (t) Cons. Ord. XXXIV. 3. 
 
 N. 8. 166 ; Henniker v. Chafy, 35 (u) He Edward Sixth Almshouscs, 
 
 Beav. 124. 16 W. R. 841 ; re Johnson, L. R. 8 
 
 (q) Re Bowes, 12 W. R. 929 ; re Eq. 348. 
 
 Finch, 14 W. R. 472 ; re Duke of (x) Exp. Hollick, 4 Rail. Ca., 
 
 Cleveland, 1 Dr. & Sm. 48 ; re 498 ; exp. Warden of Winchester 
 
 Burnell, 12 W. R. 568. Coll., 14 W. R. 788 ; re Milne, 8 
 
 (r) Re Dowling, 24 W. R. L. T. N. S. 199 ; but see re Brayc, 
 
 729. 9 Hare, App. 7 ; re Bristol, &c. t 
 
 (s) Re Midland Railway Co., 11 W. N. (1870), 241. 
 
 Jur. 1095 ; re Clarke, 6 W. R. 812 ; (y) ThornhUl v. Milbank, 12 
 
 re Sowry, 21 W. R. 717. W. R. 623.
 
 60 
 
 LANDS CLAUSES CONSOLIDATION ACT. 
 
 Inquiry as to 
 investment. 
 
 Inquiry as to 
 title. 
 
 It is sufficient if the affidavit is made by one of several 
 petitioners (z) ; or by executors, where the tenant for life i-s 
 very old and infirm (a) ; or by his solicitor, where the 
 petitioner is too ill to make it himself (6) ; or by their 
 clerk, when the application is by trustees of a charity (c). 
 
 In a recent case, however, Vice-Chancellor Hall ordered 
 payment out of the fund on an affidavit merely verifying 
 the title by the surviving trustee of the will under which 
 the petitioners claimed, without requiring an affidavit in 
 accordance with Cons. Ord. xxxiv. by any of the peti- 
 tioners (d). 
 
 The execution of a deed affecting the petitioner's title 
 was held to be sufficiently proved by proof of the hand- 
 writing of the attesting witness (e). 
 
 On a petition for investment in land the Court must be 
 satisfied as to the fitness of the purchase. When it is not 
 satisfied on this point, the Court will direct an inquiry as 
 to the propriety of the investment (/). When it is satis- 
 fied, it will approve the investment at once, and direct an 
 inquiry as to title, and subject to the approval of the title, 
 will direct the conveyance to be executed and the pur- 
 chase money to be paid (g). The reference or inquiry as 
 to title has been dispensed with where the title had been 
 already approved by one of the conveyancing counsel, and 
 such approval had been verified (h), and also where the 
 fund invested was only 50 (i) ; and leave has been given 
 
 (2) Re Vale of Neath, &c., W. N. 
 (1866), 78 ; re Smith, 14 W. R. 
 949. 
 
 (a) Re Smith, 14 W. R. 949. 
 
 (b) Re Halsey, W. N. (1870), 68. 
 
 (c) Re Edward Sixth Almshouscs, 
 16 W. R. 841 ; Seton, 1425. 
 
 (d) Re Batty, W. N. (1877), 212. 
 
 (e) Re Mair, 28 L. T. N. S. 760. 
 (/) Re Caddick, 9 Hare, App. 
 
 9 ; exp. Buckle, 16 Jur. 511 ; exp. 
 Lowe, 19 L. T. 310. 
 
 (g) For form of order see 10 Hare, 
 App. 36 ; Seton, 1427. 
 
 (h) Re Caddick, 9 Hare, App. 
 9 ; exp. Vicar of Dereham, 21 L. 
 J. Ch. 677. 
 
 (i) Re Lapworth, W. N. (1879) 
 37.
 
 LANDS CLAUSES CONSOLIDATION ACT. 61 
 
 to apply in chambers that the investigation of the title 
 might be dispensed with (j). The inquiry as to title will 
 be a general one, and will not be directed to be made 
 subject to the conditions of sale (Jc). 
 
 Money paid in under the 69th section remains impressed Conversion. 
 with the character of real estate (I). 
 
 Interim investment s. 70. 
 
 Until the money can be applied under the 69th section Section 70. 
 it may, upon an order of the Court made on petition, be 
 invested in the purchase of Three per cent. Consolidated 
 or Three per cent. Reduced Bank Annuities, or in govern- 
 ment or real securities, and the interest, dividends, and 
 annual proceeds thereof paid to the party who would have 
 been entitled to the rents and profits of the land (m). 
 
 The application must be made by petition ; but where Application, 
 part only is invested liberty may be given to apply in 
 chambers as to the investment of the residue (n). On the 
 death of a tenant for life an order for payment to his 
 executors of arrears of dividends and apportioned divi- 
 dends may be made on summons ; but the order for pay- 
 ment of the other part of the apportioned dividends, and 
 of future dividends, can only be made on petition (o). 
 
 The petition must not be served on persons having Service. 
 charges on the inheritance prior to the life estate (p], nor 
 on trustees (g). 
 
 The court will sanction an interim investment on Investment on 
 
 mortgage. 
 
 (j) Re Blomfield, 25 W. R. 37. (n) Re Dunraven, 10 W. R. 56 ; 
 
 (k) Meyrick v. Laws, 34 Beav. re Lapworth, W. N. (1879) 37 ; re 
 
 58 ; exp. Christ's Hos., 2 H. & Jolli/e, W. N. (1868), 56. 
 M. 166. (o) Re Jolli/e, L. R. 9 Eq. 668. 
 
 (1) Kelland v. Fulford, 6 Ch. D. See ante, p. 27. 
 491. See post, p. 76. (p) Re Morris, L. R. 20 Eq. 470. 
 
 (m) 8 & 9 Vic. c. 18, s. 70. (q) Re Dowling, 24 W. R. 729.
 
 62 
 
 LANDS CLAUSES CONSOLIDATION ACT. 
 
 Cash under 
 control of the 
 Court. 
 
 Payment of 
 dividends. 
 
 mortgage ; but there must be an inquiry as to title, and 
 as to the sufficiency of the security (r). 
 
 Money paid into court under this Act, or under a spe- 
 cial Act, is " cash under the control of the Court," and 
 may be invested in East India stock (s), but not in 
 Indian Railway stock (t) ; and it seems that an invest- 
 ment maybe made in Metropolitan Consolidated stock (u). 
 The order for payment of dividends should, in the case 
 of trustees, direct payment to them or the survivors, or 
 to the trustees for the time being (x). Orders have also 
 been made for the payment to two trustees or either of 
 them (y) ; to a rector, vicar, or archbishop, " for the time 
 being " (0) ; to any two of the trustees for the time being 
 of a charity (a) ; and to the secretary of a charity, where 
 there was no treasurer (6). 
 
 Where there are successive life interests, the Court 
 will make a prospective order for payment of the divi- 
 dends to the second tenant for life on the death of the 
 first (c). 
 
 The Court will make an order for payment of divi- 
 dends to the tenant for life before the conveyance is 
 executed, where the company are in possession of the 
 land (d). 
 
 (r) Re Smith, L. R. 9 Eq. 178 ; 
 re Flemon, L. R. 10 Eq. 612 ; re 
 Blyth, L. R. 16 Eq; 468 ; re Sewart, 
 L. R. 18 Eq. 278. 
 
 (s) Re Foy, 23 W. R. 744 ; re 
 Wilkinson, L. R. 9 Eq. 343; re 
 Fryer, L. R. 20 Eq. 468 ; re South- 
 wold, 1 Ch. D. 697, see post., p. 93. 
 
 (t) Green v. Angell, W. N. (1867) 
 305 ; re Bowling, 24 W. R. 729. 
 
 (u) Re Redhead, 39 L. T. N. S. 60. 
 
 (if) RePryor, 35 L. T. N. S. 202 ; 
 re Metropolitan Railway, "W. N. 
 (1876) 245 ; but seeSeton, 88, and 
 ante, p. 26. 
 
 (y) Re Clinton, 8 W. R. 492 ; 
 and see ante, p. 20. 
 
 (z) Re Davenant, 2 W. R. 344 ; 
 re Pearce, 24 Bear. 491 ; exp, 
 Churchivardens of Bicester, 5 Rly. 
 Ca. 702 ; exp. Archbishop of Can- 
 terbury, 2 De G. & S. 365. 
 
 (a) Re Collins, 20 L. J. Ch. 168. 
 
 (5) Re Codrington, L. R. 18 Eq. 
 658. 
 
 (c) Re Brent, 8 W. R. 270; re 
 How, 15 Jur. 266 ; and see ante, p. 
 26. 
 
 (d) Re Hungcrford, 1 K. & J. 
 413.
 
 LANDS CLAUSES CONSOLIDATION ACT. 63 
 
 Discharge of Incumbrances s. 69. 
 
 Money paid in under the 69th section may be applied Land Tax. 
 in the purchase or redemption of the land-tax affecting 
 the land taken or other lands settled to like uses, trusts, 
 or purposes (e) ; and where a tenant for life had redeemed 
 the land-tax, he was held entitled to be repaid the amount 
 out of the fund paid into Court (/). 
 
 Such moneys may also be applied in the discharge of 
 any debt or incumbrance affecting the land taken, or other 
 lands settled to like uses, trusts, or purposes. 
 
 A leasehold interest is an incumbrance within this sec- What is an 
 .. /N , . .. ,/T, incumbrance. 
 
 tion (g) ; so also is a quit-rent (h}. 
 
 All lands of a municipal corporation are held upon the 
 same " uses, trusts, and purposes," within the meaning of 
 this section ; so that money paid for the purchase of lands 
 of a corporation may be applied in the redemption of an 
 incumbrance on other lands of the same corporation (i) ; 
 and such moneys have been applied in the payment off of 
 mortgages of tolls, and in discharge of bonds payable out 
 of a mixed fund largely composed of the rents and profits 
 of the real estate of the corporation (j). 
 
 Investment in Land and Buildings s. 69. 
 
 Moneys paid in under the 69th section may be applied 
 in the purchase of lands : to be conveyed, limited, and 
 settled, upon the like uses, trusts, and purposes, and in 
 
 (e) Sect. 69 ; and see exp. Bed- 418 ; but see exp. Dean of Man- 
 does, 2 Sm- & G. 466. Chester, 28 L. T. N. S. 184. 
 
 (/) Exp. Northwick, 1 Y. & C. (h) E*p. Studdert, 6 Ir. Ch. Rep. 
 
 Ex. 166. 53. 
 
 (g) Sect. 69. Re Mancfwi>tcr, <Sce., (i) Exp. Corp. of Cambridge, 6 
 
 21 Beav. 162 ; exp. Bishop of Lon- Hare, 30. 
 
 don, 2 D. F. & J. 14 ; exp. Cor- (j) Re Derby Municipal Estates, 
 
 poration of London, L. R. 5 Eq. 3 Ch. D. 289.
 
 64 LANDS CLAUSES CONSOLIDATION ACT. 
 
 the same manner as the lands taken stood settled ; or if 
 such moneys have been paid in respect of any buildings 
 taken or injured, such moneys may be applied in removing 
 or replacing such buildings, or substituting others in their 
 stead, in such manner as the Court shall direct (&). 
 
 Such moneys may be invested in other lands, though 
 the petitioner is absolutely entitled ; and a slight altera- 
 tion in the trusts is immaterial (I). 
 
 The Court may direct part only of such moneys to be 
 reinvested, and the residue to be paid out to the peti- 
 tioner (m) ; or may give liberty to apply in chambers as 
 to the investment of the residue (?i). 
 
 Where advantageous, the Court will allow the money to 
 be invested, together with other trust moneys, in the pur- 
 chase of one estate (o). 
 
 Copyholds or The purchase-money of freeholds or copyholds may be 
 invested in copyholds, if beneficial to the persons inter- 
 ested (p). The purchase-money of leaseholds may be in- 
 vested in copyholds or freeholds (<?). But where the money 
 arises from the sale of a settled estate comprising both 
 freeholds and copyholds, it cannot be invested in lease- 
 holds, however advantageous such an investment may 
 be (r). The purchase-money of a freehold chapel was, 
 however, allowed to be invested in a leasehold chapel, to 
 be used in place of that taken (s). The purchase-money 
 of freeholds or copyholds may be applied in the enfran- 
 chisement of copyholds, settled upon the same trusts (t). 
 
 (k) 8 & 9 Vic. c. 18, s. 69. Browne, 6 Rail. Ca. 733. 
 
 (T) Re Jones, 18 "W. R. 312. (q) Re Liverpool, 1 Sim. N. S. 
 
 (m) Re Jones, 39 L. J. Ch. 190 ; 202 ; re Parker, L. R. 13 Eq. 495. 
 
 and see re Sowry, L. R. 8 Ch. 736. (r) He Lancashire, <f"C., 2 W. R. 
 
 (n) Re Lapworth, W. N. (1879), 667. 
 
 37. (s) Re Rehoboth Chapel, L. R. 19 
 
 (o) Exp. Newton, 4 Y. & C. Ex. Eq. 180 ; but see exp. Macaulay, 
 
 518. 23 L. J. Ch. 815. 
 
 (p) Re Cann, 15 Jur. 3 ; re (t) Re Cheshunt Coll., 3 "W. R.
 
 LANDS CLAUSES CONSOLIDATION ACT. 65 
 
 The purchase money of leaseholds may be invested in the 
 purchase of copyholds (u), or may be applied in the pur- 
 chase of a reversion in fee of other leaseholds belonging to 
 the same parties (v). 
 
 The Court will sanction a reinvestment in the purchase Ground rents. 
 of ground rents (w), and in land out of the jurisdic- 
 tion (x) ; but not in the purchase of an equity of redemp- 
 tion (y). 
 
 The purchase money of a lunatic's estate has been in- Lunatic's 
 vested in guaranteed railway stock, the investment being 
 treated as a reinvestment in land (z). 
 
 The Court will allow the money to be applied in re- Re-building. 
 building, where such moneys arise from buildings taken or 
 injured by the company (a). 
 
 Where the moneys do not arise from buildings so taken New building?. 
 or injured, they may be applied in the erection of new 
 buildings on the estate, provided such an application would 
 be beneficial to the estate, and the remaindermen do not 
 object (6). 
 
 But the Court will not sanction repairs or improvements Repairs and 
 which do not put new buildings on the estate (c), nor will 
 it allow the fund to be applied in recouping the tenant for 
 life any outlay not properly a charge upon the inherit- 
 ance (d). 
 
 638 ; Dixon v. Jackson, 25 L. J. (a) 8 & 9 Vic. c. 18, s. 69 ; exp. 
 
 Ch. 588. Corp. of Liverpool, L. R. 1 Ch. 
 
 () Re Coyte, 1 Sim. N. S. 202. 596. 
 
 (v) Re Brasher, 6 W. R. 406 ; (b) Re Leigh, L. R. 6 Ch. 887 ; 
 
 see further as to leaseholds jjos<, p. 72. Drake v. Trefusis, L. R. 10 Ch. 
 
 (w) Re Mason, W. N. (1872), 77. 364 ; Williams v. Aylesbury Rly. 
 
 (x) Re Taylor, 40 L. J. Ch. 454. Co., L. R. 9Ch. 684 ; Re Newman, 
 
 (y) Exp. Craven, 17 L. J. Ch. ibid. 681 ; re Oxford, d-c., 27 Beav. 
 
 215 ; re Portadown, Ir. R. 10 Eq. 571. 
 
 368. (c) Re Leigh, supra ; Drake v. 
 
 (z) Re Buckingham, 2 Ch. D. Trefusis, supra. 
 
 690 ; and see re Brewer, 1 Ch. D. (d) He Leigh, supra ; re Davis, 
 
 409 ; re Milnes, 1 Ch. D. 28. 3 De G. & J. 144 ; Williams v.
 
 G6 LANDS CLAUSES CONSOLIDATION ACT. 
 
 The Court has, however, allowed the fund in Court to be 
 applied towards payment of the costs of lateral additions 
 to a house which was part of the settled estate (e) ; in 
 erecting dwellinghouses in the place of trade buildings (/) ; 
 in converting stables into dwellinghouses, where the former 
 were a nuisance f#) ; in altering and improving alms- 
 houses (k) ; in building a temporary hospital (i) ; in the 
 improvement of schools (k) ; and in furnishing a water 
 supply to an estate or town (I) ; but it has refused to allow 
 the making of roads (in), nor would it sanction the erection 
 of offices, where the property taken did not consist of 
 buildings, and where it was not shown to be beneficial to 
 the parties interested (ri). 
 
 Glebe land. Where the land taken was glebe land, the Court has 
 allowed the purchase money or compensation to be applied 
 in building a rectory house or vicarage (o) ; in making ad- 
 ditions to (p) and in repairing a rectory (q) ; in building 
 or rebuilding a farmhouse on the glebe (r) ; in enclosing 
 and fencing lands allotted to a rector under an Inclosure 
 Act (s) ; but it will not allow it to be applied in the resto- 
 
 Aylesbury Ely. Co., supra; but see (m) Ee Belfast Water Commis- 
 
 exp. Rector of Gamston, 1 Ch. D. sioners, Ir. B. 5 Eq. 63. 
 
 477 ; re Wight, 6 W. E. 718 ; (ri) Exp. Corp. of Liverpool, L. E. 
 
 exp. Hector of Holywell, 27 W. R. 1 Ch. 596. 
 
 707. (o) Exp. Rector of Hartington, 23 
 
 (e) Re Speer, 3 Ch. D. 262. "W. R. 484 ; re Incumbent of Whit- 
 
 (/) Re Johnson, L. E. 8 Eq. field, U. & H. 610 ; Seton, 1432. 
 
 348. (p) Exp. Rector of Claypole, L. E. 
 
 (g) Re Lymington Baptist Chapel, . 16 Eq. 674. 
 
 "W. N. (1877), 226. (q) Exp. Rector of Grimoldby, 2 
 
 (h) Re Buckinghamshire Ely. Co., Ch. D. 225; but see Williams v. 
 
 14 Jur. 1065. Aylesbury Ely. Co., L. R, 9 Ch. 684. 
 
 (i) Re St. Thomas' Hospital, 11 (r) Re Wigan Glebe Act, 3 W. R. 
 
 "W". E. 1018. 41 ; exp. Rector of Shipton, 19 
 
 (k) Re Chelsea Waterworks, 28 W. R. 549 ; exp. Rector of Holy- 
 
 L. J. 173. well, 27 W. R. 707. 
 
 (Z) Re Lathropp's Charity, 35 (s) Exp. Lockwood, 14 Beav. 
 
 Beav. 297 ; re Croker, W. N. 158, and see re Queen Camel, 11 
 
 (1877), 38. W. R. 503, as to drainage.
 
 LANDS CLAUSES CONSOLIDATION ACT. 67 
 
 ration of the chancel or in paying off money borrowed from 
 the Governors of Queen Anne's Bounty (t). 
 
 Notwithstanding the cases above mentioned, in which 
 repairs and improvements have been allowed, it seems, as 
 we have already seen, that the Court will not allow the 
 money to be applied in repairs nor in permanent improve- 
 ments which do not put new buildings on the ground (u). 
 
 Where the fund is directed to be applied in the erection Undertaking 
 of buildings, it will not be paid out until their comple- 
 tion (v), though it is sometimes paid out on an undertaking 
 to apply it as directed (x). 
 
 Where the money is paid in respect of a burial ground, Burial ground, 
 the income will be directed to be paid to the person en- 
 titled to the burial fees (y). 
 
 Where, after investment, a small balance remains, it 
 may, if it does not exceed 20, be ordered to be paid to 
 the tenant for life (z). 
 
 Payment out s. 69. 
 
 The Court may order the fund, or a share of the fund, Persons abso- 
 to be paid out to any person becoming absolutely entitled y e 
 thereto (a), 
 
 Trustees with a power of sale are persons " absolutely Trustees, 
 entitled " within the meaning of the Act (b) ; and the 
 fund may be paid out to them, though their cestui que 
 
 (t) Exp. Orimoldby, 2 Ch. D. Ch. 776. 
 
 225. (y) Re St. Pancras, L. R. 3 Eq. 
 
 (u) Drake v. Trefusis, L. R. 10 173 ; exp. Rector of Liverpool, 
 
 Ch. 364, ante, p. 65. L. R, 11 Eq. 15 ; exp. Rector of 
 
 (v) Re Dummer, 2 De G. J. & S. St. Martin's, L. R. 11 Eq. 23. 
 
 515 ; exp. Rector of Shipton, 19 (z) Post, p. 70. 
 
 W. R. 549. (a) 8 & 9 Vic. c. 18, a. 69 ; re 
 
 (x) Re Lymington CJutpel, W. N. Sowry, 21 W. R. 718. 
 
 (1877), 226 ; re Wight, 6 W. R. (b) Re Hobson, 7 Ch. D. 708 ; re 
 
 718 ; exp. Thorner, 12 L. T. 266 ; East, 2 W. R. 111. 
 rxp. Rector of Claypole, 42 L. J. 
 
 F 2
 
 G8 
 
 LANDS CLAUSES CONSOLIDATION ACT. 
 
 Charities. 
 
 Dower. 
 
 Adverse pos- 
 session. 
 
 trust is an infant (c). If, however, they have no power of 
 sale, the fund will not be paid out (d), unless the bene- 
 ficiaries are sui juris and join in the application (e). 
 
 Trustees of chai ities are also persons " absolutely en- 
 titled " (/), and the fund may be paid to them without the 
 consent of the Charity Commissioners (g). 
 
 A dowress is entitled to have the value of her right of 
 dower, as determined by valuers, paid out of the fund (h). 
 Where the occupant of the land taken has a possession 
 which would have ripened into a title by adverse pos- 
 session but for the dealings with the company, the Court 
 will direct the purchase money to be paid out to such 
 occupant (i). 
 
 Tenant for life Where the fund was paid in respect of copyholds en- 
 of manor. franchised under the provisions of the Act, it was held 
 that the tenant for life of the manor was not entitled to 
 any portion of such monies as fines payable to him under 
 the provisions for enfranchisement contained in the Copy- 
 hold Acts, 1852 and 1858 (j). 
 
 Payment out of Where a good title to only part of the land taken is 
 shown, a proportionate part of the purchase-money will be 
 paid out(&). 
 
 Where there are commonable rights over the land 
 taken, the Court will direct an inquiry as to what part of 
 the fund is to be appropriated in respect of such rights, 
 
 art. 
 
 Persons 
 entitled to 
 commonable 
 rights. 
 
 (c) He Gooch, 3 Ch. D. 742 ; but 
 see re Reaston, L. R. 13 Eq. 564. 
 
 (d) Re Horwood, 3 Giff. 218 ; but 
 see re Elman, 18 W. R. 962, where 
 the trustees had power to give re- 
 
 eipts. 
 
 (e) Re Sowry, L. R. 8 Ch. 736. 
 /) Re Spurstoive, L. R. 18 Eq. 
 
 279 ; exp. TidSt. Giles,l7W. R.758. 
 
 (g) Re Lister's Hospital, 6 D. M. 
 
 & G. 184 ; Holme v. Guy, 5 Ch. D. 
 
 901 ; but see re Faversham, 10 
 W. R. 291 ; re Poplar School, 8 Ch. 
 D. 543. 
 
 (h) Re Hall, L. R. 9 Eq. 179. 
 
 (i) Re Evans, 42 L. J. Ch. 357 ; 
 exp. Winder, 6 Ch. D. 696 ; re 
 Perry, 1 Jur. N. S. 917 ; but see 
 exp. Hollinsworth, 19 "W. R. 580. 
 
 (j) Re Wilson, 3 De G. J. & S. 
 410. 
 
 (K) Re Perkes, 7 Ely. Ca. 625.
 
 LANDS CLAUSES CONSOLIDATION ACT. 69 
 
 and will settle a scheme for its application (). The com- 
 pensation paid in respect of rights of common will be 
 divided between the copyhold and freehold tenants of the 
 manor (m) ; but the occupiers or tenants of such copy- 
 holders and freeholders are not entitled to share in the 
 fund (ri). Where the rights of common belonged to resi- 
 dent freemen of a borough, they were held entitled to the 
 dividends only, and not to the corpus of the fund (o). 
 
 The fund will not be paid out to a tenant in tail, Tenant 
 
 ' in tail. 
 
 except upon production to the registrar of a properly 
 executed disentailing deed (p) ; but where the fund is 
 under 200, a disentailing deed has been held to be un- 
 necessary (q). There have been many cases in which 
 sums over 200 have been paid out without a disentail- 
 ing deed (r) ; but the weight of authority, the latest 
 decisions, and the present practice are all in favour of 
 requiring a deed. There appear to be no reported cases, 
 in which a deed has been required, where the fund was 
 under 200. 
 
 Where the fund belongs to a married woman it will be Married 
 
 i iiii- woman. 
 
 paid out to her or her husband, without deed acknow- 
 ledged, on her electing by examination in Court to take 
 the money as personalty (s). Where the fund was only 
 
 (I) Exp. Great Northern Bly. (q) Re Watson, 10 Jur. N. S. 
 
 Co., 6 Rail. Ca. 738. 1011 ; re Tylden, 11 W. R. 869 ; 
 
 (m) Fox v. Amhurst, L. K. 20 Sowry v. Sowry, 8 W. R. 339. 
 
 Eq. 403. (r) Re Holden, 1 H. & M. 445 ; 
 
 (n) Austin v. Amhurst, 7 Ch. D. re Tyler, 8 W. R. 540 ; re Holden, 
 
 689. 10 Jur. N. S. 308 ; Notley v. 
 
 (o) Nash v. Coombs, L. R, 6 Eq. Palmer, L. R. 1 Eq. 241 ; re Row, 
 
 51. L. R. 17 Eq. 300; re Wood, L. K. 
 
 (p) Re Reynolds, 3 Ch. D. 61 ; re 20 Eq. 372. 
 
 Broadwood, 1 Ch. D. 438 ; re (s) Exp. Ellison, 2 Y. & C. Ex. 
 
 Jiutler, L. R. 16 Eq. 479 ; re 528 ; re Hayes, 9 W. R, 769 ; 
 
 Norcop, 31 L. T. N. S. 85 ; and Gibbons v. Kibbcy, 10 W. R. 55 ; 
 
 see re Smyth, Ir. R. 10 Eq. 66 : Slandering v. Hall, 11 Ch. D. 652 ; 
 
 where the conflicting decisions are re Robin, W. N. (1879), 95. 
 reviewed and considered.
 
 70 LANDS CLAUSES CONSOLIDATION ACT. 
 
 50, on the petition' of the husband and wife, her exami- 
 nation was also dispensed with (t). An affidavit of no 
 settlement is necessary (u). 
 
 Lunatic. Where the fund in Court belongs to a lunatic, it may, 
 
 by an order in the Chancery Division, be directed to be 
 carried over to the credit of the lunacy (x) ; or it may, by 
 an order in the Chancery Division and in Lunacy, be 
 applied in the purchase of a government annuity (y). 
 
 Sums under 200 ss. 71, 72. 
 Sums over 20 jf the purchase-money or compensation shall not amount 
 
 and under 
 
 200. to 200, but shall exceed 20, it shall be either paid into 
 
 the bank and applied as aforesaid, or may be paid to two 
 trustees to be nominated in writing by the parties entitled 
 to the rents and profits ; but such last mentioned applica- 
 tion of the monies shall not be made unless the promoters 
 of the undertaking approve thereof and of the trustees 
 named for the purpose ; and the money so paid to trustees 
 shall be applied in the manner hereinbefore directed with 
 respect to money paid into the bank, without any order of 
 the Court for that purpose (0). 
 
 Sums under If such money shall not exceed 20, it shall be paid to 
 
 20. . . 
 
 the parties entitled to the rents and profits, for their own 
 
 use and benefit ; or, in case of their disability, it shall be 
 paid, for their use, to the respective husbands, guardians, 
 committees, or trustees of such persons (a). 
 
 Small balance. Where it was probable that, after investment, a small 
 balance would be left, the Court ordered the balance, if 
 less than 20, to be paid out to the tenant for life (6) ; 
 and a balance of 30 was paid out to a tenant for life, on 
 
 (t) Re Clarke, 13 "W. R. 401. (z) 8 & 9 Vic. c. 18, s. 71 ; re 
 
 (u) See ante, p. 30. Kinscy, 1 N. E. 303. 
 
 (x) Re Milnes, 1 Ch. D. 28. (a) 8 & 9 Vic. c. 18, s. 72. 
 
 (y) Re Brewer, 1 Ch. D. 409. (b) Exp. Rector of Loughton, 5
 
 LANDS CLAUSES CONSOLIDATION ACT. 
 
 an undertaking by him to lay it out in lasting improve- 
 ments (c). 
 
 Compensation to tenant for life s. 73. 
 
 All sums exceeding 20 payable under a contract with 
 a person not absolutely entitled are to be paid into the 
 bank or to trustees in manner aforesaid ; and such person 
 shall not retain any portion of such sums or any sum paid 
 in lieu of bridges, tunnels, or other accommodation works, 
 or for assenting to or not opposing the passing of the bill 
 authorising the taking of such lands, but all such monies 
 shall be deemed to have been contracted to be paid for 
 and on account of the several parties interested in such 
 lands, as well in possession, as in remainder, reversion, or 
 expectancy. But the Court or the said trustees, may 
 allot to any tenant for life, or person having a partial or 
 qualified estate, for his own use, a portion of the sum so 
 paid, as compensation for any injury, inconvenience, or 
 annoyance, which he may be considered to sustain inde- 
 pendently of the actual value of the lands to be taken, 
 and of the damage occasioned to the lands held therewith, 
 by reason of the taking of such lands and the making of 
 the works (d). 
 
 'Moneys received by a tenant for life as compensation what moneys 
 
 for personal annoyance, or for supporting or not opposing * 
 
 a bill, are within this section ; and he is a trustee of the 
 same for himself and the persons entitled in remainder (e), 
 even though paid to him for his exclusive use and bene- 
 
 Kly. Ca. 591 ; re Egremont, 12 Jur. see re Bateman, 21 L. J. Ch. 451. 
 
 618 ; re Bateman, 21 L. J. Ch. (d) 8 & 9 Vic. c. 18, s. 73. 
 
 415 ; but see exp. Vicar of Bredi- (e) Pole v. Pole, 2 Dr. & S. 420 ; 
 
 cot, 5 Rly. Ca. 209. Taylor v. Chichestcr Ely. Co., L. B. 
 
 (c) Exp. Barrett, 19 L. J. Ch. 4 H. L. 628, 643 ; re D. of Marl- 
 
 415 ; re Hitchin, 1 W. R. 605 ; but borough, 13 Jur. 738.
 
 72 LANDS CLAUSES CONSOLIDATION ACT. 
 
 fit (/). The Court has however power to allot a portion 
 of such moneys to him for his own use (g) ; and he is 
 entitled to be repaid thereout his costs, charges, and 
 expenses, properly incurred, in carrying out the duty 
 imposed upon him by the Act (h). Thus, he has been 
 allowed the costs of an unnecessary arbitration (i) ; of the 
 negotiations for a sale by private contract, previous to 
 arbitration (&) ; of an unsuccessful attempt to obtain com- 
 pensation (I) ; of making new roads (m) ; and of necessary 
 alterations in the fences and distribution of glebe lands (ri) ; 
 but he will not be allowed his costs of opposing the bill (o) ; 
 unless, it seems, the trustees concurred in such oppo- 
 sition (p). 
 
 Where the lord of a manor was tenant for life, it was 
 held that he was not entitled to any part of the fund as 
 compensation for the enfranchisement of copyhold land 
 taken by the company (q). 
 
 Application of moneys arising from Leases and 
 Reversions s. 74. 
 
 Where any purchase-money or compensation is paid 
 into Court in respect of any lease, or any estate in lands 
 less than the whole fee simple, or of any reversion de- 
 pendent on such lease or estate, it shall be lawful for the 
 Court, on the petition of any parties interested in such 
 
 (/) Shrewsbury \. N. Stafford- 190. 
 
 shire Ely. Co., L. E. 1 Eq. 593, (I) Re Strathmore, L. R. 18 Eq. 
 
 608. 338. 
 
 (g) Re Collis, W. N. (1866), 167 ; (m) Re D. of Marlborough, 13 
 
 Taylor v. Chichcster Ely. Co., L. R. Jnr. 738. 
 
 4 H. L. 643 ; exp. Rector of Steep- (ri) Exp. Rector of Steeping, 5 
 
 ing, 14 Beav. 159 n. Ely. Ca. 207 ; exp. Lockwood, 14 
 
 (h) Re Berkeley, L. R. 10 Ch. 56. Beav. 158. 
 
 (*) Re Aubrey, 1 W. R. 464 ; (o) Re Berkeley, L. R. 10 Ch. 56. 
 
 exp. Curate of Whitworlh, 24 L. T. (p) RcNicoll, W. N. (1878), 154. 
 
 N - s - 126 - (q) Re Wilson, 32 L. J. Ch. 191. 
 
 (k) Re Oldham, Wj N. (1871),
 
 LANDS CLAUSES CONSOLIDATION ACT. 72 
 
 money, to order the same to be laid out, invested, accu- 
 mulated, and paid in such manner as the Court may 
 consider will give to the parties interested in such money 
 the same benefit therefrom as they would lawfully have 
 had from the lease, estate, or reversion, in respect of which 
 such money shall have been paid, or as near thereto as 
 may be (r). 
 
 "Lease" includes an agreement for a lease (s) ; and a 
 remainderman is a " party interested," and should be 
 made a respondent to the petition (t). 
 
 The Court has declined to apportion the purchase- 
 money between lessor and lessee (u) ; but it will, by 
 reference to chambers, ascertain the value of a lessee's 
 interest (#). 
 
 A tenant for life of leaseholds is entitled to have a Deficiency of 
 
 .. - . i c / \ i income made 
 
 deficiency of income made up out of corpus (y) ; and so is up out of 
 an annuitant (z). For this purpose, a government an- cor P us - 
 nuity, equal to the rent reserved, has been ordered to be 
 purchased (a) ; and it has been referred to an actuary to 
 ascertain what amount should be paid out of capital (6). 
 In other cases, the fund has been divided by the number 
 of years which the lease had to run, and the quotient paid 
 each year to the tenant for life (c). The costs of annual 
 sales of stock to make up a deficiency have been ordered 
 to be paid by the company (d). 
 
 (r) 8 & 9 Vic. c. 18, s. 74. (z) Exp. Wilkinson, 3 DeG. & S. 
 
 (*) Ibid. s. 3. 633. 
 
 (t) Re Crane, L. R. 7 Eq. 322. (a) Re Pflcger, L. R. 6 Eq. 426. 
 
 (u) Exp. Ward, 2 DC G. & S. 4. (V) Re Phillips, L. R. 6 Eq. 250. 
 
 (x) Brandon v. Brandon, 2 Dr. (c) Re Money, 2 Dr. & S. 94 ; re 
 
 &S. 305; re North London R. C., Trcachcr, 18 L. T. N. S. 810; 
 
 ibid. 312. Littlewoodv. Pattison, lOJur. N. S. 
 
 (y) Jeffreys v. Connor, 28 Beav. 875 ; re Pfleger, L. R. 6 Eq. 426 ; 
 
 328 ; Askew v. Woodlicad, W N. but see Askew v. Woodlicad, W. N 
 
 (1879), 188; but see re Birch, 10 (1879), 188. 
 
 Jur. N. S. 673. (d) Re Long, 1 W. R. 226.
 
 74 LANDS CLAUSES CONSOLIDATION ACT. 
 
 A tenant for life of renewable leaseholds is not entitled 
 to be recouped a deficiency of income out of corpus (e) ; 
 but he is entitled to any fund which has been reserved 
 for the purpose of renewal, if renewal has become im- 
 possible (/). 
 
 A tenant for life of lands subject to a lease is only 
 entitled to the amount of the rent reserved, though the 
 lease was granted at a rack rent (g). 
 
 Ecclesiastical Where the lands taken belong to an ecclesiastical cor- 
 property. poration and are subject to a lease, the whole of the 
 dividends will not be paid to such corporation, except 
 under special circumstances (h). The residue, after pay- 
 ment of a sum equal to the rent reserved, will be 
 accumulated till the lease falls in (i) ; and where such 
 lands are taken upon the condition that the lessee 
 continues to pay rent, the whole of the dividends will 
 be accumulated (&). Where such lease is renewable, 
 the dividends, or residue of dividends, will be accumu- 
 lated until the time of renewal arrives (I) ; and whenever 
 the lease would have been renewed, the lessor is entitled 
 to an amount equal to the fine which would have been 
 then payable (m). 
 Yearly tenant. A yearly tenant, remaining in possession after notice to 
 
 (e) Re Wootton, L. E. 1 Eq. 589 ; L. J. Ch. 400 ; exp. Dean of 
 
 Maddy v. Hale, 3 Ch. D. 327. Christchurch, 23 L. J. Ch. 149 ; 
 
 (/) Morres v. Hodges, 27 Beav. exp. Dean of St. Paul's, 11 W. E, 
 
 625 ; re Bcaufoy, 1 Sm. & G. 20 ; but 482. 
 
 see Maddy v. Hale, supra ; tm&post, (k) Exp. Dean of Battel, 21 L. T. 
 
 Chap. XVI., Ecclesiastical Leases. 55 ; exp. Rector of Lambeth, 4 Ely. 
 
 (g) Re Wootton, L. E. 1 Eq. Ca. 231. 
 
 689 ; re Mette, L. E. 7 Eq. 72 ; but (T) Exp. Bishop of Winchester, 
 
 see re Steward, 1 Drew. 636 : de- 10 Hare, 137 ; exp. Dean of St. 
 
 cided under special circumstances. Paul's, 11 W. E. 482. 
 
 (h) Be Dean of Westminster, 26 (m) Exp. Precentor of St. Paul's, 
 
 Beav. 214 ; re St. Thomas's Church, 1 K. & J. 538 : re Dean of Wcst- 
 
 W. N. (1870), 192. minster, 18 Jur. 1113 ; exp. Dean 
 
 (i) Exp. Dean of Gloucester, 19 of St. Paul's, 11 W. E, 482.
 
 LANDS CLAUSES CONSOLIDATION ACT. 75 
 
 treat, is not entitled to any portion of the purchase -money 
 as compensation for his interest (ri). 
 
 Application of 'moneys paid in under s. 76. 
 
 If the owner of the land taken, on tender of the Payment in. 
 purchase-money or compensation, refuse to accept the 
 same, or fail to make out a title, or refuse to convey, or 
 is abroad, or cannot be found, or fail to appear on the 
 inquiry before a jury, the purchase-money or compensa- 
 tion may be paid into the bank (o) ; and the land will, 
 upon a deed poll being executed by him, vest in the 
 promoters of the undertaking (p). 
 
 Upon the petition of any person claiming the money so Application 
 deposited, or any part thereof, or the lands taken, or any 
 part thereof, the Court may order such money to be 
 invested in the public funds, or may order distribution 
 thereof, or payment of the dividends thereof, according to 
 the respective estates, titles, or interests of the parties 
 claiming such money, or lands, or any parts thereof, and 
 may make such other order as shall seem fit (q). 
 
 A mortgagee or transferee of a mortgage may petition Who may 
 for payment out (r) ; but he can only claim six years' 
 arrears of interest (s). The vendor is not entitled to 
 interest on the purchase -money unless the company has 
 taken possession (t). 
 
 The usual affidavit as to title, and negativing ad- Evidence. 
 
 (n) Exp. Nadin, 17 L. J. Ch. Bcaufoy, 1 Sm. & G. 20 ; Galiiers 
 
 421. For the principle on which v. Met. Ely. Co., L. R. 11 Eq. 410. 
 
 an interest dependent upon a con- (r) Re Marriage, 9 W. R. 843. 
 
 tingency will be estimated, see (s) Re Stead, 2 Ch. D. 713. 
 
 Penny v. Penny, L. R. 5 Eq. 227. (t) Re Crystal Palace., 1 Jur. 
 
 (o) 8 & 9 Vic. c. 18, s. 76. N. S. 995 ; Galiiers v. Metropolitan 
 
 (p) Ibid. s. 77. R. ft, L. R. 11 Eq. 410 ; re Mary- 
 
 (q) Ibid. e. 78. For cases where lebone, 19 W. R. 1058 ; Rhys v 
 
 payment out has been ordered, see re Dare Rly., L. R. 19 Eq. 93.
 
 6 LANDS CLAUSES CONSOLIDATION ACT. 
 
 verse claims, is necessary upon applications under this 
 section (u). 
 
 Conversion. Money paid in under the 76th section is to be treated 
 
 as personalty (#). 
 
 The Court will, under this section, ascertain the value 
 of the claimant's interest ; and, after paying out such 
 value, will pay the residue, if any, to the company (y). 
 
 Questions of Title Person in Possession deemed to be 
 Owner s. 79. 
 
 If any question arise respecting the title, the parties in 
 possession, or in receipt of the rents, shall be deemed 
 lawfully entitled to the lands until the contrary is shown 
 to the satisfaction of the Court ; and unless the contrary is 
 shown, the parties so in possession, and all parties claim- 
 ing under them, or consistently with their possession, 
 shall be deemed entitled to the money deposited, and to 
 the dividends or interest of the annuities or securities 
 purchased therewith, and the same shall be paid and 
 applied accordingly (0). 
 
 The Court is not called upon to decide questions of 
 title. The person in possession is not to be disturbed in 
 his enjoyment, unless the contrary of his title is shown ; 
 and a man is not to be put to defend the whole of his 
 property because a small portion has been taken by a 
 company. The company should, however, state the diffi- 
 culties, though not argue on them (a). The section seems 
 
 () Ante, p. 59. As to payment (z) 8 & 9 Vic. c. 18, s. 79. 
 
 to trustees, see re Reaston, L. E. (a) Re Perry, 1 Jur. N. S. 917 ; 
 
 13 Eq. 564, and ante, p. 67. re St. Pancras, L. B, 3 Eq. 173, 
 
 (a;) Re Harrop, 3 Drew. 726, 183 ; re Sterry, 3 W. E. 561. For 
 
 733 ; exp. Flamank, 1 Sim. N. S. cases where the contrary was shown, 
 
 260 ; exp. Hawkins, 13 Sim. 569. see re Perks, 1 Sm. & G. 645 ; 
 
 (y) Brandon v. Brandon, 2 Dr. exp. Hollinsworth, 19 "W. E. 580. 
 & S. 305, 311.
 
 LANDS CLAUSES CONSOLIDATION ACT. 77 
 
 only to apply where the Court is unable to come to a 
 satisfactory conclusion as to who is so entitled (6) ; but 
 the Court will ascertain the interest of the petitioner (c) ; 
 and, though questions arise as to title, the petition need 
 only be served on the company (d). 
 
 Costs s. 80. 
 
 The 80th section of the Act provides that in all cases 
 of monies deposited under the Act, or any Act, incor- 
 porated therewith (except where such monies shall have 
 been so deposited by reason of the wilful refusal of any 
 party entitled thereto to receive the same, or to convey, 
 or release, the lands in respect whereof the same shall 
 be payable, or by reason of the wilful neglect of any 
 party to make out a good title to the land required), it 
 shall be lawful for the Court to order the costs of the 
 following matters, 'including therein all reasonable charges 
 and expenses incident thereto, to be paid by the company 
 (that is to say), the costs of the purchase or taking of 
 the lands, or which shall have been incurred in conse- 
 quence thereof, other than such co^ts as are herein other- 
 wise provided for, and the costs of the investment of such 
 monies in government or real securities, and of the re- 
 investment thereof iii the purchase of other lands, and 
 also the costs of obtaining the proper orders for any of 
 the purposes aforesaid, and of the orders for the payment 
 of the dividends and interest of the securities upon which 
 such monies shall be invested, and for the payment out of 
 Court of the principal of such monies, or of the securities 
 whereon the same shall be invested, and of all proceedings 
 
 (b) Exp. Freemen of Sunderland, 312 ; re Perks, 1 Sm. & G. 545 ; 
 1 Drew. 184, 191. Bogg v. Midland My., L. R. 4 Eq. 
 
 (c) Brandon v. Brandon, 2 Dr. & 311. 
 
 S. 305; re North London Ely., ibid. (d) Re Sterry, 3 W. R. 561.
 
 78 LANDS CLAUSES CONSOLIDATION ACT. 
 
 relating thereto, except such as are occasioned by adverse 
 litigation between adverse claimants ; but the costs of 
 only one application for reinvestment will be allowed, 
 unless it is for the benefit of the parties interested that 
 the money should be invested in land in different sums, 
 and at different times (e). 
 
 Discretion It is now, however, immaterial to consider whether any 
 
 urt * public or private statute, passed prior to the Judicature 
 Act, has made or omitted to make any provision with 
 regard to costs, since the effect of the Judicature Act is to 
 repeal all previous enactments directing costs to follow 
 certain rules (/). It would seem, therefore, that the 
 above section is virtually repealed (g). But, even if re- 
 pealed, it is presumed the Court will still exercise its dis- 
 cretion in accordance with the above section, and the cases 
 decided under it. 
 
 It has been held that an application for costs only may 
 be made by summons (h). 
 
 The 80th section applies whether the money is depo- 
 sited under the prior or subsequent sections (i). In deal- 
 ing with costs the sympathies of the Court are with the 
 landowner, and in doubtful cases it will decide against the 
 company (&). The Court has a discretion to refuse a 
 petitioner his costs, though it seems it has no jurisdiction 
 to make him pay costs (I) ; nor has it jurisdiction to make 
 the company pay costs, when the money is not standing 
 to the credit of the matter of the Act (m) ; and in such a 
 
 (e) 8 & 9 Vic. c. 18, s. 80. (i) Exp. Flower, L. R. 1 Ch. 
 
 (/) Garnett v. Bradley, 3 App. 599. 
 
 Cas. 944. (k) Re Long, 10 Jur. N. S. 417 ; 
 
 (g) Exp. Mercers' Co., 10 Ch. D. re Jones, 4 Jur. N. S. 581. 
 
 481 ; but see Nock v. Nock, W. N. (I) Re Marylelone, 19 W. R. 
 
 (1879), 125 ; re Merceron, 7 Ch. D. 1058 ; but see exp. Mercers' Com- 
 
 184. pany, 10 Ch. D. 481. 
 
 (7t) Exp. Incumbent of Guilden (m) Brown \. Feiwnck, 14 W. R. 
 
 Sutton, 8 D. M. & G. 380. 257 ; Fishery. Fisher, L. K. 17 Eq.
 
 LANDS CLAUSES CONSOLIDATION ACT. 79 
 
 case the petitioner has been ordered to pay the company's 
 costs (n). 
 
 " Refusal " to be wilful must be capricious, and a rea- Refusal to 
 sonable objection, though ultimately overruled, is not 
 wilful (o). The inability of a landowner to pay off incum- 
 brances of greater value than the land taken is not a 
 wilful refusal (p) ; but it is a wilful refusal for a vendor 
 to insist upon payment of his costs, as well as the pur- 
 chase-money, before giving up possession (q). 
 
 The company is liable to pay the costs of several in- Interim 
 terim investments without any condition as to future 
 permanent investment (r). It is also liable to pay 
 brokers' commission ; which, it seems, should in the first 
 instance be deducted from the fund in Court (s). It is 
 liable for the costs of all proceedings relating to invest- 
 ment and payment of dividends* Thus, it must pay the 
 costs of a power of attorney to receive dividends, and of 
 appearing before the Paymaster-General, and of affidavits 
 filed for the purpose of obtaining payment of dividends (t). 
 It must pay the costs of periodical sales of stock, where 
 necessary, to make up the income of a tenant for life (u) ; 
 and, on the death of a tenant for life, it must bear the 
 costs of a second petition for payment of dividends to the 
 
 340 ; re Lathropp, 14 W. R. 326 ; (r) Reading v. Hamilton, 5 L. T. 
 
 re Bagot, 14 W. R. 471 ; Nock v. N. S. 628 ; re Blyth, L. R. 16 Eq. 
 
 Nock, W. N. (1878), 125 ; but see 468 ; re Sewart, L. R. 18 Eq. 278. 
 
 ej-p. Mercers 1 Co., supra. (s) Exp. Trinity House, 3 Hare, 
 
 (n) Prescotl v. Wood, 37 L. J. Ch. 95; exp. Braithwaite, 17 Jur. 
 
 691. 753 ; exp. Harborough, ibid. 1045. 
 
 (o) Re Windsor, <kc., 12 Beav. The present practice, however, is 
 
 522 ; exp. Bradshaw, 16 Sim. not to deduct brokerage, see Seton, 
 
 174 ; exp. Railston, 15 Jur. 1028; 1419. 
 
 exp. Dashwood, 3 Jur. N. S. 103 ; (t) Exp. Incumbent of Ouilden 
 
 exp. Laioson, 17 W. R. 186. Button, 8 De G. M. & G. 380 ; exp. 
 
 (p) Re Crystal Palace, 1 Jur. Eccles. Commrs., 39 L. J. Ch. 623. 
 
 N. S. 995. (u) Re Long, 1 W. R. 226 ; es-p 
 
 (q) Re Turner, 10 W.'R. 128. Edmunds, 14 W. R. 507.
 
 80 LANDS CLAUSES CONSOLIDATION ACT. 
 
 person subsequently entitled (x) ; and of a second petition 
 for payment of dividends to new trustees, where such is 
 necessary, owing to change of circumstances, or to a 
 defect in the first petition (y). Upon a petition for in- 
 terim investment, the costs of persons having charges on 
 the inheritance prior to the life estate will not be allowed 
 as against the company (0), nor will the costs of remain- 
 derman (a). 
 
 Redemption. The company are liable to pay the costs of the applica- 
 tion of the purchase-money in the redemption of land- 
 tax (b) ; and of a second such application (c) ; but it is 
 not liable to pay the costs of redeeming mortgages (d), 
 except under special circumstances (e) ; .nor of buying up 
 a lease on other lands of the petitioner (/). 
 
 Reinvestment The company is liable to pay the costs of reinvestment 
 in land, though the petitioner is absolutely entitled to the 
 purchase-money, and also the costs of resettling such 
 land (g) ; but where the purchase had been completed 
 before the Court had approved of the investment, the 
 company was not made to pay the costs (h). 
 
 The following are considered costs of reinvestment in 
 land which the company are liable to pay, viz., the costs 
 
 (x) Re. Jolliffe, L. E. 9 Eq. 668. cxp. Earl Hardwickc, 17 L. J. Ch. 
 
 (y) Re Goe, 3 "W. E. 119 ; re 422 ; and see re Yeates, 12 Jur. 
 
 Metropolitan Ely., W. N. (1876), 279, as to the mortgagee's costs. 
 
 245 re Shakespeare Walk School, (e) Re London & South W. Ely., 
 
 12 Ch. D. 178 ; but see re Pryor, 2 J. & H. 390 ; exp. Bishop of 
 
 W. N. (1876), 141. London, 2 De G. F. & J. 14. 
 
 (2) Re Morris, L. E. 20 Eq. 470. (/) Re Manchester, &c., 21 Beav. 
 
 (a) Re Dowling, 24 W. E. 729. 162 ; but see exp. Dean of Man- 
 
 (b) Re Bethlem Hospital, L. E. Chester, 28 L. T. N. S. 184. 
 
 19 Eq. 457 ; and cases there cited. (g) Ee Jones, 39 L. J. Ch. 190 ; 
 
 (c) Re London, Brighton, &c., 18 re Dodd, 19 W. E. 471 ; re Parker, 
 Beav. 608. 20 "W. E. 289 ; re De Beauvoir, 2 
 
 (d) Re Mark, W. N. (1877), 63 ; De G. F. & J. 5. 
 
 re Manchester, <fcc., 21 Beav. 162 ; (h) Re Bouverie, 5 Riy. Ca. 431. 
 exp. Sheffield Town, 8 W. K. 602 ;
 
 LANDS CLAUSES CONSOLIDATION ACT. 81 
 
 of enfranchisement of copyholds (i) ; of building or rebuild- 
 ing houses on the estate (k) ; of building a vicarage (I) ; 
 of improving the supply of water to a town (m) ; of pur~ 
 chasing freeholds with the proceeds of leaseholds (ri). 
 
 The following costs, being incidental to investment in Costs inci- 
 dental to 
 land, are payable by the company : viz., the costs of en- investment. 
 
 rolment of the conveyance (o) ; the additional costs 
 caused by the purchase of land which is the subject of a 
 Chancery suit (p) ; the costs of an application for a vest- 
 ing order rendered necessary by the death of a vendor 
 leaving an infant heir (q) ; the costs of a reference to the 
 conveyancing counsel (r). But the company is not liable 
 to pay the costs of another counsel advising on the whole 
 title (s) ; nor the fine for admission payable on investment 
 in the purchase of copyholds (t) ; nor the costs of a certifi- 
 cate as to the completion of buildings sanctioned by the 
 Court (u) ; nor of the vendor's appearance on the peti- 
 tion (x) ; nor any costs beyond those which, in an open 
 contract, would be purchaser's costs (y). 
 
 The company is liable to pay the costs of several Several 
 
 reinvestments. 
 
 and successive investments, where they are not unreason- 
 able or vexatious (2) ; and though the sum invested on 
 
 (i) Dixon v. Jackson, 25 L. J. (s) Ibid. 
 
 Ch. 588. (0 Exp. Vicar of Sawston, 6 "W. 
 
 (k) Re Leigh, L. R. 6 Ch. 887. R. 492. 
 
 (I) Re Incumbent of Whitfield, 1 (u) Exp. Rector of Shipton, 19 
 
 J. & H. 610. W. R. 549. 
 
 (m) Re Lathropp, L. R. 1 Eq. (*) Re Dylar, 1 Jur. N. S. 975. 
 
 467. (y) Re Christ's Hospital, L. R. 
 
 (n) Re Parker, L. R. 13 Eq. 495. 20 Eq. 605 ; re Temple Church, 26 
 
 (6) Re Christ' s Hospital, 12W. R. W. R. 259 ; re Mason, W. N. 
 
 669. (1872), 77 ; exp. Incumbent of Al- 
 
 (p) Carpmael v. Proffit, 17 Jur. sager, 2 W. R. 324. 
 
 875. (z) Re St. Catherine's Dock, 3 
 
 (q) Re Lowry, L. R. 15 Eq. 78 ; Rly. Ca. 514 ; re Mercliant Taylors, 
 
 and see post, p. 87. 10 Beav. 485 ; exp. St. Bartholo- 
 
 (r) Re Jones, 6 W. R. 762. mew's, 4 Drew. 425 ; exp. Eton 
 
 a
 
 82 
 
 LANDS CLAUSES CONSOLIDATION ACT. 
 
 Abortive 
 purchases. 
 
 the second purchase is very small, and is only part of the 
 balance (a). In some cases leave has been given to apply 
 in chambers as to investments of the balance (6). The 
 costs of a second reinvestment in the redemption of land- 
 tax have also been ordered to be paid by the company (c). 
 
 The costs of bond fide negotiations for a purchase, 
 approved of by the Court, but which could not be com- 
 pleted, are payable by the company; secus, if the pro- 
 posed purchase was not sanctioned by the Court (d). 
 The company are entitled to have the words " upon the 
 approval and execution of the conveyance," inserted in the 
 order for payment of costs (e). 
 
 Where a larger sum is invested than has been paid in, 
 the Court will direct that the costs payable by the com- 
 pany shall not be thereby increased (/). 
 
 Payment out. The company must bear the costs of payment out ; 
 and when several persons are entitled, each party in- 
 terested may present a petition, and the company must 
 pay the costs (g). A transfer from the matter to a cause, 
 or from one account to another, is treated as a payment 
 out with regard to costs (h) ; and upon petition for pay- 
 ment out, each person entitled may appear separately, 
 
 Investment 
 with other 
 moneys. 
 
 Coll., 3 Ely. Ca. 271 ; exp. Bou- 
 verie, 4 Ely. Ca. 229 ; re Hereford, 
 <,-<;., 13 W. E. 134 ; re Paddon, W. 
 N. (1878), 65. 
 
 (a) Exp. Rector of Loughton, 5 
 Ely. Ca. 591 ; re Brandon, 2 Dr. 
 & S. 162. 
 
 (b) He Dunraven, 10 W. E. 56 ; 
 re Lapworth, W. N. (1879), 37. 
 
 (c) Re London, BrigMon, &c., 18 
 Beav. 608. 
 
 (d) Exp. Hector of Holywell, 2 
 Dr. & S. 463 ; re Carney, 20 W. R. 
 407 ; exp. Manchester Burial Board, 
 W. N. (1866), 117. 
 
 (e} Exp. Eton Coll., 7 W. E. 710. 
 
 (/) Re Branmer, 14 Jur. 236 ; 
 re Loveband, 9 W. E. 12 ; exp. 
 Hodge, 16 Sim. 159 ; exp. King's 
 Coll., 5 De G. & S. 621 ; exp. 
 Newton, 4 Y. & C. 518 ; Alt. -Gen. 
 v. Rochester, 15 W. R. 765 ; exp. 
 Eccles. Commrs., 13 "W. R. 575 ; re 
 Power, W. N. (1876) 205. 
 
 (g) Re Nicoll, W. N. (1866), 93. 
 
 (h) Re Adams, W. N. (1871) 
 159 ; re Bristol School, 47 J . J. Ch. 
 317 ; Eden v. Thompson, 2 H. & 
 M. 6 ; Melling v. Bird, 17 Jur. 
 155.
 
 LANDS CLAUSES CONSOLIDATION ACT. 83 
 
 unless represented by the same solicitor (i) ; but the 
 costs of two petitions for payment out will not be allowed 
 against the company where presented by the same peti- 
 tioners claiming under different instruments (k). 
 
 The company must pay all additional costs incurred by 
 reason of the land taken being the subject of an admi- 
 nistration suit (I) ; or by reason of the land taken belonging 
 to a lunatic (m). 
 
 The company must pay the costs of a disentailing deed, 
 where such a deed is required (n). 
 
 It seems that the company is liable to pay the costs of Costs of service 
 
 and appcar- 
 
 appearance of all parties to the suit, even though the ance. 
 application is only for transfer of the fund to the credit 
 of a cause (o) ; d fortiori, therefore, it must pay such 
 costs where the petition is for confirmation of a contract, 
 payment out, or reinvestment (p) ; and it must also pay 
 the costs of remaindermen having liberty to attend the 
 proceedings (q). 
 
 Parties who have a right to appear, may appear sepa- 
 rately, and are entitled to their costs against the company, 
 unless such separate appearances are oppressive and 
 vexatious (r). 
 
 The costs of trustees will be allowed against the 
 
 (i) Re Long, 10 Jur. N. S. 417 ; 159 ; Dinning v. Henderson, 2 De 
 
 Haynes v. Barton, 14 W. R. 257 ; G. & S. 485 ; but see Eden v. 
 
 re Brandon, 2 Dr. & S. 162. Thompson, 2 H. & M. 6 ; Melling 
 
 (k) Re Pattison, 4 Ch. D. 207. v. Bird, 17 Jur. 155 ; Sidney v. 
 
 (I) Picard v. Mitchell, 12 Beav. Wilmcr, 31 Beav. 338. 
 486 ; Hennikcr v. Chafy, 28 Beav. (p) Haynes v. Barton, L. R. 1 
 
 621 ; re Hull, .fee., 5 Rly. Ca. 458 ; Eq. 422 ; re Brandon, 2 Dr. & S. 
 
 Eden v. Thompson, 2 H. & M. 6. 162 ; re Hull, &c., 5 Rly. Ca. 458. 
 
 (m) Re Briscoe, 2 De G. J. & S. (q) Paterson v. Paterson, 10 L. 
 
 249 ; re Taylor, 1 Mac. & G. 210 ; T. N. S. 183. 
 re Walker, 7 Rly. Ca. 129. (r) Exp. Braye, 11 W. R. 333 ; 
 
 (n) Re Brooking, 2 Giff. 31 ; re Nicoll, 14 W. R. 475 ; re Long, 
 
 exp. Vaudrey, 3 Giff. 224. 10 Jur. N. S. 417. 
 
 (o) Re Adams, W. N. (1871), 
 
 o 2
 
 84 LANDS CLAUSES CONSOLIDATION ACT. 
 
 company (s) ; except on an application for interim in- 
 vestment (t) ; unless they represent the immediate 
 freehold (u). 
 
 Upon a petition for reinvestment in land, where there 
 are mortgagees or annuitants whose rights are not other- 
 wise affected by the petition, the rule is to serve them 
 with a copy of the petition, and to tender them 40s. for 
 costs, with an intimation that, if they appear, they will 
 be liable to pay their own costs (v). The rule also applies 
 to petitions for payment out ; and in addition to the 40s., 
 the cost of an affidavit of service will be allowed as 
 against the company (w). 
 
 Where the petition is for interim investment and pay- 
 ment of dividends, incumbrancers should not be served ; 
 and if served, their costs will not be allowed against the 
 company (x), unless, semble, they are in possession (y) ; 
 nor should a mortgagee of another part of the property 
 be served with a petition for application of the fund in 
 discharge of his incumbrance (0). The company is not 
 liable to pay the costs of mortgagees, whose incumbrances 
 are created after the payment into Court (a). 
 
 Remaindermen should not be served with a petition 
 for investment or payment out, except under special 
 circumstances (6) ; but they should be served with a 
 petition under sect. 74, and will be allowed their costs 
 against the company (c) ; and they should also be served 
 
 (s) Re Duke of Cleveland, 1 Dr. 20 Eq. 48. 
 
 & S. 48 ; Henniker v. Chafy, 35 (x) Re Morris, L. R. 20 Eq. 470. 
 
 Beav. 124 ; re Burnett, 12 W. R. (y) Re Hungerford, 3 K. & J. 
 
 568 ; re Bowes, 12 W. R. 929 ; re 455. 
 Pattison, 4 Ch. D. 207. (2) Re Yeates, 12 Jur. 279. 
 
 (t) Re Dowling, 24 W. R. 729. (a) Re Jones, 18 W. R. 312. 
 
 (M) Re Finch, 14 "VV. R. 472. (b) Exp. Staples, 1 D. 11. & G. 
 
 (v) Re Gore Langton, L. R. 10 294 ; re Dmvling, 24 W. R. 729 ; 
 
 Ch. 328 ; ante, p. 13. re Bowes, 10 Jur. N. S. 817, 818. 
 
 (w) Re Halstead Charities, L. R. (c) Re Crane, L. R. 7 Eq. 322.
 
 LANDS CLAUSES CONSOLIDATION ACT. 85 
 
 where the petition is for investment in building or 
 improvements (d). 
 
 The company are liable to pay the costs of appearance 
 of a bishop, where vicarage lands are taken (e) ; of the 
 Attorney-General, on a petition, under Sir S. Romilly's 
 Act (/) ; of freemen of a city, where corporation lands 
 are taken (g) ; but not of the governors of Queen Anne's 
 Bounty (h) ; nor of the Ecclesiastical Commissioners, their 
 consent in writing being sufficient (i). 
 
 The costs of two petitions will not be allowed against Costs of two. 
 
 petitions. 
 
 the company, though the fund has been dealt with by two 
 different branches of the Court (k), and though the fund 
 has been paid in by different companies (I). 
 
 The words, " except such as are occasioned," in sect. 80, Litigation, 
 refer to " costs," and not to " proceedings " (m). The order 
 providing for payment of costs usually excepts costs of 
 litigation, unless it is clear there are no such costs (n) ; 
 and in a simple case such costs should be specified (o). 
 
 It has been held that the exception only applies where 
 an action has been brought to decide the rights of the 
 parties (p) ; and not to a question of construction decided 
 on petition (q) ; nor where difficulties arise, and expense 
 
 (d) Re Leigh, L. R. 6 Ch. 887. (I) Exp. Broke, 11 W. R. 505. 
 
 (c} Exp. Vicar of Creech, 21 L. (m) See ante, p. 78. 
 
 J. Ch. 677. () Re Cant, ID. F. & J. 153 ; 
 
 (/) Re London, Brighton, &c., 18 re Courts of Justice, \V. N. (1868), 
 
 Beav. 608. 124 ; re Tookey, 16 Jur. 708. 
 
 (g) Exp. Mayor of Lincoln, 6 (o) Re Longivorth, 1 it. & J. 1 ; 
 
 Ely. Ca. 738. exp. Palmer, 13 Jur. 781. 
 
 (h) Re Incumbent of Whitfield, 1 (p) Exp. Palmer, 13 Jur. 781 ; 
 
 J. & H. 610. re Tookey, 16 Jur. 708 ; re Hore, 
 
 (i) Exp. Bp. of London, 2 De G. 5 Rly. Ca. 592, but see Askew v. 
 
 F. & J. 14 ; exp. Dean of Man- Woodhcad, W. N. (1879), 188. 
 
 cheater, 28 L. T. N. S. 184 ; but (g) Re Gregson, 2 H. & M. 504 ; 
 
 see re BraiUy, W. N. (1866) 109. re Tookey, supra; re Bagot, 10 
 
 (k) Re Gore Langton, L. R. 10 W, R. 607 ; re Woodburn, 31 L. T. 
 
 Cb. 328 ; re Pattison, 4 Ch. D. N. 8. 237 ; but see re Longworth, 
 
 207 ; re Butterfield, 9 W. R. 805. 1 K. & J. 1 ; exp. Styan, Johns.
 
 8G 
 
 LANDS CLAUSES CONSOLIDATION ACT. 
 
 Several 
 companies. 
 
 Insolvent 
 company. 
 
 s incurred in ascertaining the rights and shares of 
 parties (r). 
 
 On the ground of their being costs of litigation, the 
 company has been held not liable, where the money was 
 paid in, owing to two adverse claims, though one was 
 subsequently abandoned (s) ; nor of a second application, 
 rendered necessary by disputes between the petitioner 
 and his incumbrancer (t) ; nor of a suit caused by the 
 death of the vendor intestate leaving an infant heir (u). 
 
 Where the funds have been paid in by several com- 
 panies, the costs of payment out will be borne by the 
 companies equally (x) ; and the costs of reinvestment 
 will also be borne equally, except the costs of the stamp 
 on the conveyance and the surveyor's fee, which will be 
 borne rateably (y). Where, however, such a course would 
 be unjust or oppressive, the costs will be ordered to be 
 paid rateably according to the amounts paid in (0). Where 
 companies have amalgamated after payment in, the costs 
 will be paid by the subsisting companies equally (a). 
 
 Where a company became insolvent, leaving the costs 
 unpaid, upon petition of the vendor, who was entitled for 
 
 387 ; re Cant, 1 D. F. & J. 153 ; 
 exp. Totes, 17 W. R. 872 ; exp. 
 Cooper, 2 Dr. & S. 312, 820 ; re 
 Hayne, 13 W. R. 492. 
 
 (r) Ee Singleton, 11 W. R. 871 ; 
 re Spooner, IK. & J. 220 ; but see 
 Askew v. Woodhead, W. N. (1879), 
 188. 
 
 (s) Be English, 13 W. R. 932 ; 
 and see re Butterfield, 9 "W". R. 805 ; 
 but see Duke of Norfolk, 22 "W. R. 
 817. 
 
 (0 Re Jolli/e, 3 Jur. N. S. 633. 
 
 (u) Armitage v. Askham, 1 Jur. 
 N. S. 227 ; but see ante, p. 81. 
 
 (x) Exp. Gaskell, 2 Ch. D. 360 ; 
 exp. Secies. Oommrs., W. N. 
 
 (1873), 173. 
 
 (y) Exp. Bp. of London, 2 D. F. 
 & J. 14 ; exp. Corporation of Lon- 
 don, L. R. 5 Eq. 418 ; exp. Eccles. 
 Commrs., 13 W. R. 575 ; Att.-Gcn. 
 v. Rochester, 15 W. R. 765 ; re 
 Leigh, L. R. 6 Ch. 887 ; re Power, 
 W. N. (1876), 205 ; exp. Christ's 
 Eos., 27 W. R. 456. 
 
 (z) Exp. St. Bartholomew's Hos. , 
 L. R. 20 Eq. 369 ; exp. Christ's 
 Hos., 2 H. & M. 166 ; exp. Christ 
 Church, 9 W. R. 474 ; re Byron, 
 1 D. J. & S. 358. ' 
 
 (a) Exp. Gaskell, 2 Ch. D. 360 ; 
 exp. Corpus Christi Coll., L. R. 13 
 Eq. 334.
 
 LANDS CLAUSES CONSOLIDATION ACT. 87 
 
 life as rector, they were ordered to be paid out of the 
 purchase money (6). 
 
 Costs under special Acts are now in the discretion of Special Acts. 
 the Court, whether such provide, or omit to provide for 
 such costs (c). 
 
 Taxation of Conveyancing Costs sect. 83. 
 
 The costs of all conveyances of lands purchased, as dis- Sect. 82. 
 tinguished from lands taken compulsorily, must be borne 
 by the company ; and such costs include all charges and 
 expenses of the vendor, as well as of the purchaser, of all 
 assurances of outstanding terms or interests therein, of 
 abstracts and attested copies, and all other reasonable 
 expenses incident to the investigation, deduction, and 
 verification of the title (d). 
 
 In case of disagreement, such costs shall be taxed upon Sect. 83. 
 an order of the Court, to be obtained upon petition of 
 course by either of the parties ; and the company shall 
 pay such costs ; or in default the same may be recovered 
 in the same way as any other costs payable under an 
 order, or by distress (e) ; and the expense of taxation 
 shall be paid by the company, unless one-sixth is 
 disallowed (/). 
 
 The company is, it seems, liable to pay the costs of a 
 suit or other proceeding rendered necessary by the death 
 of the vendor (g) ; or of taking out administration for the 
 
 (b) Re Great Yeldham, L. R. 9 (g) Lake v. Eastern Counties Ely., 
 Eq. 68. 19 L. T. 323 ; exp. Cave, 26 L. T. 
 
 (c) Exp. Mercers' Co., 10 Ch. D. 176 ; re Nash, 4 "W. R. Ill ; re 
 481 ; but see re Merceron, 7 Ch. D. Manchester Rly., 19 Beav. 365 ; re 
 184. Lowry, L. R. 15 Eq. 78 ; but see 
 
 (d) 8 & 9 Viet. c. 18, s. 82 ; and Purser v. Darby, 4 K. & J. 41 ; 
 see re Spooner, 1 K. & J. 220. Midland Rly. v. Wescomb, 2 Rly. 
 
 (e) 8 & 9 Viet. c. 18, s. 53. Ca. 211 ; Eastern Counties Rly. v. 
 (/) Ibid., 9. 83; Seton, 1448. Tvfnell, 3 Rly. Ca. 133 ; Scott v.
 
 LANDS CLAUSES CONSOLIDATION ACT. 
 
 purpose of conveying (h) ; or of apportioning ground 
 rents (i). 
 
 Entry before Purchase Repayment of Deposit sect. 87. 
 
 Sects. 85, 87. The company may enter upon the lands before an 
 agreement has been come to, an award made, or a verdict 
 given, upon payment into Court of the amount claimed 
 or the value of the lands, and upon delivery or tender of 
 a bond for securing the payment of the purchase money 
 or compensation and interest at the rate of <5 per 
 cent. (k). The money so deposited may, on the applica- 
 tion by petition of the promoters (I), be ordered to be 
 invested in Bank Annuities or Government securities, and 
 accumulated ; and, upon the condition of the bond being 
 fully performed, the Court may, upon a like application, 
 order the money so deposited and the accumulations 
 thereon to be repaid or transferred to the promoters ; or 
 if such bond shall not be fully performed, the Court may 
 order the same to be applied as it shall think fit, for the 
 benefit of the parties for whose security it has been 
 deposited (m). 
 
 Vendor's lien. The vendor is not deprived of his lien on the land by 
 the entry of the company (n) ; but he has no lien on the 
 deposit for his costs (o). 
 
 Scott, 11 W. R. 766 ; exp. Phillips, (I) For definition of "promoters," 
 
 ibid., 54 ; ante, p. 86. see s. 2. 
 
 (h) Re Liverpool, L. R. 5 Eq. (m) 8 & 9 Viet. c. 18, s. 87. 
 
 282. () Walker v. Ware, <tc., L. R. 
 
 (i) Exp. Buck, 1 H. & M. 519 ; 1 Eq. 195 ; Wingv. Tottenham, &c., 
 
 but see exp. Flower, L. R. 1 Ch. 599. L. R. 3 Ch. 740 ; Betty v. London, 
 
 (k) 8 & 9 Viet. c. 18, s. 85. etc., W. N. (1867), 169. 
 
 Field v. Carnarvon Ely., L. R. 5 (o) Exp. Stevens, 2 Phil. 772; 
 
 Eq. 190 ; Walker v. Ware Rly., exp. London, Chatham, <fcc., W. N. 
 
 L. R. 1 Eq. 195 ; Willey v. South (1868), 75. 
 Eastern Ely., 1 Mac. & G. 58.
 
 LANDS CLAUSES CONSOLIDATION ACT. 89 
 
 The deposit will be paid out to the company without Deposit : when 
 deducting the costs payable by them to the vendor ; and pai< 
 although such costs remain unpaid (p) ; and although 
 the landowner has taken proceedings to set aside the 
 award (q) ; and although the company has not paid or 
 deposited the compensation awarded in respect of 
 minerals (r). 
 
 It is sufficient if the petition is stamped with the com- 
 pany's seal ; the seal need not be verified ; and payment 
 may be ordered to the secretary of the company (s). 
 
 The company will be ordered to pay interest at 5 per Interest. 
 cent., according to the bond, from the date of taking pos- 
 session, although the deposit has never been invested (t). 
 
 The production of the bond by the company is sufficient Evidence, 
 evidence that the condition has been fully performed (u). 
 
 In the event of non-performance of the condition of the Petition by 
 bond, the Court has jurisdiction to order payment out of a 
 the deposit to the landowner on a petition presented by 
 him for that purpose adversely to the company (x). 
 
 A petition for investment under this section need Service. 
 not be served on the landowner (y) ; though it would 
 seem that a petition for repayment of the deposit should 
 be so served (0) ; but if it is clear that the bond has been 
 fully performed, or if the landowner consents to the appli- 
 
 (p) Exp. Great Northern Ely., L. T. N. S. 687. 
 
 16 Sim. 169 ; exp. Stevens, 2 Phil. (x) Re Mutlow, 10 Gh. D. 131. 
 
 772 ; exp. London, Chatham, &c., As to the rights of the landowner's 
 
 W. N. (1868), 75 ; re Neath, <bc., mortgagees, see Martin v. London, 
 
 L. R. 9 Ch. 263 ; re Birmingham, Chatham, dec., L. R. 1 Ch, 501. 
 
 <fcc., 3 N. R. 290. (y) Exp. Carmarthen, &c., 2 
 
 (q) Re Fooks, 2 Mac. & G. 357. N. R. 515. 
 
 (r) Re Neath, <kc., 2 Ch. D. ( z ) Exp. Stevens, 2 Phil. 772 ; 
 
 201. exp. South Wales Ely., 6 Rly. Ca. 
 
 (s) Exp. London Chatham, &c., 151 ; font see re Tottenham, Jkc., 
 
 8 W. R. 636 ; ante, p. 49. 14 W. R. 669 ; re Neath, <fcc., L. R. 
 
 (0 Re Wolff, W. N. (1868), 66. 9 Ch. 263. 
 
 (u) Re North- Western, Rly., 26
 
 90 LANDS CLAUSES CONSOLIDATION ACT. 
 
 cation, he should either be made a co-petitioner (a), or a 
 tender of 40s. should be made to him (6). 
 
 Costs. The provisions of the 80th section as to costs apply to 
 
 moneys paid in under the 85th section (c) 4 
 
 Inclosure Act. 
 
 Indosure Act. The Commons Inclosure Act contains provisions with 
 regard to the investment and application of moneys paid 
 in under it, similar to the 69th and 70th sections of the 
 Lands Clauses Consolidation Act (d). The practice under 
 the latter Act is therefore generally applicable to applica- 
 tions under the former. 
 
 (a) Re Holman, "W. N. (1877), 599 ; exp. Morris, L. R. 12 Eq. 
 272. 418. 
 
 (b) Exp. South- Western Ely., (d) 8 & 9 Viet. c. 118, ss. 134, 
 88 L. J. Ch. 527 ; ante, p. 13. 137-140. Compare Lands Clauses 
 
 (c) Exp. Flower, L R. 1 Ch. Act, ss. 69, 70, ante.
 
 CHAPTER VIII. 
 
 DEFENCE ACTS. 
 
 WHERE the owner of land taken for military purposes payment in. 
 under the Defence Acts is under disability, or is not abso- 
 lutely entitled, or where a title is not shown within three 
 months after notice, the compensation is to be paid into 
 Court to an account in the matter of the Acts, and of the 
 persons claiming to be interested therein (a) ; and the 
 sum of j30 is, except in cases of delay in deducing a title, 
 to be added for consequent expenses (6). 
 
 The Court may make orders with regard to the invest- investment 
 ment of such moneys in the public funds, or in Govern- 
 ment or real securities, or in the purchase of other lands, 
 or for payment out of principal and income, or for other- 
 wise disposing of the same for the benefit of the persons 
 interested, or for appointing trustees for all or any of such 
 purposes (c). 
 
 The Court was originally empowered to make such Application, 
 orders on petition or motion (d), but the application may 
 now be made by summons at chambers (e). The former 
 practice, however, does not appear to have been abolished 
 
 (a) 5 & 6 Viet. c. 94, s. 25; 22 & (c) 5 & 6 Viet. c. 94, B. 26. 
 23 Viet. c. 21, s. 8 ; 23 & 24 Viet. Compare Lands Clauses Act, SB. 69, 
 c. 112, 88. 22, 46 ; Daniell, 1934 ; 70, ante. 
 
 Seton, 1472. (d) 5 & 6 Viet. c. 94, B. 26. 
 
 (b) 23 & 24 Viet. c. 112, as. 21, 46. (e) 23 & 24 Viet. c. 112, ss. 23,
 
 92 
 
 DEFENCE ACTS. 
 
 Service. 
 
 Payment to 
 trustees. 
 
 and it seems that the application may still be made by 
 petition (/). 
 
 The application may be made by any person interested 
 in the fund, or in the interest or produce thereof (g). 
 
 The petition need not be served on the Secretary for 
 War (h) ; and where the trustees, the tenant for life, and 
 the first tenant in tail were co-petitioners, the petition was 
 not required to be served upon any one (i). 
 
 The fund may be paid out to trustees (j), or may be ap- 
 plied in recouping a tenant in tail the expense of perma- 
 nent improvements (k). 
 
 46 ; re Maynard, 7 Jur. N. S. 232 ; 
 where the Court directed applica- 
 tions under the Act to be made by 
 summons. 
 
 (/) Exp. MorsTiead, 33 Beav. 
 254 ; re Sadler, cit. 33 Beav. 257, 
 n. ; re St. John's Coll., Seton, 
 1472 ; but see re Maynard, supra. 
 
 (g) 5 & 6 Viet. c. 94, s. 26. 
 
 (h) Re Morshead, 33 Beav. 254 ; 
 10 Jur. N. S. 61. 
 
 (i) Ibid. 
 
 (j) Re Morsliead, 33 Beav. 254. 
 
 (k) Re D. of Wellington, 3 D. F. 
 & J. 13 ; Seton, 1471 ; but see cases 
 under Lands Clauses Act, ante, 
 p. 65.
 
 CHAPTER IX. 
 
 INVESTMENT OF CASH UNDER CONTROL OF 
 THE COURT. 
 
 IN certain cases cash under the control of the Court Applications 
 
 ,. T-i t i ' t for investment, 
 
 may be invested without an order (a), and m others it 
 
 may be invested in Consols on an order to be obtained on 
 motion or summons at chambers (6). But an application 
 for conversion and investment under Lord St. Leonards' 
 Act, 1860, is made by petition. 
 
 Cash under the control of the Court may be invested in what invest- 
 Bank Stock, East India Stock, Exchequer Bills, and ments allowed< 
 2 10s. per cent. Annuities, and upon mortgage of free- 
 hold and copyhold estates respectively in England or 
 Wales, as well as in Consolidated 3 per cent. Annuities, 
 Reduced 3 per cent. Annuities, and New 3 per cent. 
 Annuities (c). 
 
 All orders for conversion of Bank Annuities into any other Who may 
 of the said funds or securities are to be made upon petition pe 
 to be presented by any of the parties interested (d). 
 
 Every petition for the conversion of any 3 per cent. Service. 
 Bank Annuities into any other of the stocks, funds, or 
 securities hereinbefore mentioned, shall be served upon 
 
 (a) Ch. Funds Rules, 1874, rr. (c) Ord. 1st. Feb. 1861, r. 1. 
 
 65, 66. (d) 23 & 24 Viet. c. 38, s. 10. 
 
 (6) Daniell, 1640.
 
 94 LORD ST. LEONARDS' ACT, 1860. 
 
 the trustees, if any, of such Bank 3 per cent. Annuities, 
 and upon such other persons, if any, as the Court shall 
 think fit (e). 
 
 Service on the trustees is, however, only necessary 
 where there is an existing investment in the funds, and 
 the petition is for conversion ; and is not necessary where 
 the petition is for investment of cash (/). 
 
 Service on contingent remaindermen has been dispensed 
 with (g). 
 
 East India The East India Stock now invested in is the India 4 
 
 per cent. Stock (h). 
 
 Railway stock. The Court has no jurisdiction to order an investment in 
 Indian Railway Stock (i). 
 
 Where au order It is discretionary with the Court whether it will direct 
 e made. a f un ft under its control to be invested in any other secu- 
 rity than Consols ; and in the absence of special circum- 
 stances the Court will not, as a general rule, direct other 
 investments (j). It will not therefore make an order for 
 investment under the Act, if it would be injurious to the 
 remaindermen (k) j or if the application is made merely 
 for the sake of increasing the income of the tenant for 
 life (I) ; or if infants are interested, unless an increase of 
 income is really necessary (m). 
 
 But where the petitioner is absolutely entitled in the 
 event of her having no children, and there is little proba- 
 
 (e) Ord. 1st. Feb. 1861, r. 2. Watte v. Littlewood, 41 L. J. Ch. 
 
 (/) Re Adwns, 17 L. T. N. S. 636. 
 641. (I) Mortimer v. Picton, 10 Jur. 
 
 (g) Re Price, W. N. (1872), 159. N. S. 83 ; re Boyce, 15 W. R. 827 ; 
 
 (h) Seton, 86. Lut see re Langford, 2 J. & H. 458 ; 
 
 (i) Re Dowling, 24 W. R. 729 ; Bishop v. Bishop, 9 W. R. 549. 
 re Sillar, W. K (1871), 3 ; Green (m) Montcfiore v. Guedalla, W. 
 
 v. Angell, W. N. (1867), 305. K (1868), 87 ; re Price, W. N. 
 
 (j) Daniell, 1642 ; Lewin, 285. (1872), 159 ; Peillon v. Brooking, 
 
 (k) Cockburn v. Peel, 3 D. F. & 4 L. T. K S. 731 ; re Itigram, 11 
 
 J. 170 ; re Boyce, 15 W. R. 827 ; W. R. 980.
 
 LORD ST. LEONARDS' ACT, 1860. 95 
 
 bility of her having children (n), or where the primary 
 object of the trust would otherwise be defeated (o), the in- 
 vestment will be allowed. 
 
 Where the petitioner was very poor, the usual provision Provision 
 against receiving three dividends in the year, by reason of cffving three 
 the change, was omitted (p). dividends. 
 
 The costs of a petition for investment are generally pay- Costs. 
 able out of income (q), but not if an application would in 
 any case have been necessary (r). 
 
 Notwithstanding the order, the investment will not be Request for 
 effected until a written request to invest has been left with 
 the Chancery Paymaster (s). 
 
 (n) Vidler v. Parrott, 12 W. R. (p) Re Ingram, 11 W. R. 980. 
 
 976 ; Montcfiore v. Gucdalla, "W. N. (q) Equitable Soc. v. Fuller, 1 J. 
 
 (1868), 87. & H. 379. 
 
 (o) Mortimer v. Picton, 12 W. R. (r) Ee Langford, 2 J. & H. 458. 
 
 292 ; re Eoyce, 15 W. R. 827 ; and (s) Re Woodcock, L. R. 13 Eq. 
 
 see Hurd v. Hurd, 11 W. R. 50. 183.
 
 CHAPTER X. 
 
 Applications 
 under the Act. 
 
 The object of 
 the Act. 
 
 What is a 
 "Settle- 
 ment " ? 
 
 THE SETTLED ESTATES ACT, 1877. 
 
 APPLICATIONS under this Act must be by petition (a) ; 
 even though made in a cause (6) ; and must be made to 
 the Chancery Division (c). 
 
 The Act enables the Court to direct leases and sales of 
 settled estates whenever it shall deem it proper and con- 
 sistent with a due regard for the interests of all parties 
 entitled under the settlement (d). The Act will be con- 
 strued liberally (e), and with a view to avoid delay and 
 expense (/). 
 
 Definitions "Settlement " "Settled Estates" 
 
 The word " settlement," as used in this Act, shall 
 signify any Act of Parliament, deed, agreement, copy of 
 court roll, will, or other instrument, or any number of 
 such instruments, under or by virtue of which any here- 
 ditaments of any tenure, or any estates, or interests in 
 any such hereditaments, stand limited to or in trust for 
 
 (a) 40 & 41 Viet. c. 18, s. 23. 
 For a summary of the practice under 
 the Act, see Middleton, 69. 
 
 (b) Harvey v. Clark, 25 Beav. 7 ; 
 Taylor v. Taylor, 1 Ch. D. 431 ; 
 and see Peareth v. Marriott, W. N. 
 (1866), 48. 
 
 (c) Sect. 3. The Court of Chancery 
 of the County Palatine of Lancaster 
 
 (s. 44), and the Chancery Division 
 in Ireland (s. 45, and 40 & 41 Viet, 
 c. 57, s. 36), have also jurisdiction. 
 
 (d) Sects. 4, 16. 
 
 (e) Re Sliepheard, L. R. 8 Eq. 
 573 ; re Clark, L. R. 1 Ch. 294. 
 
 (/) Beioley v. Carter, L. R. 4 
 Ch. 240 ; re Morgan, L. R. 9 Eq. 
 587.
 
 SETTLED ESTATES ACT. 97 
 
 any persons by way of succession, including any such 
 instruments affecting the estates of any one or more of 
 such persons exclusively (g). 
 
 The following have been held to be "limitations by 
 way of succession," viz. : A trust out of income to pay 
 an annuity to the testator's wife for life, and subject 
 thereto, upon trust as to capital and income for his 
 children equally (h) ; a devise of a house upon trust to 
 permit the testator's wife to occupy it during widowhood, 
 and after her second marriage upon trust for sale (i) ; a 
 trust for the separate use of a married woman without 
 power of anticipation, and subject thereto, upon trust for 
 sale and investment, and upon trust as to the proceeds 
 for her children (j ) ; a gift to A. for life, with remainder 
 (subject to a general power of appointment by A.) in 
 trust for the person or persons whom she should leave 
 her heir or co-heirs at law, and the heirs or assigns of 
 such person or persons respectively (k) ; a trust for A. in 
 case she should attain twenty-one, or marry before that 
 age, with a gift over in strict settlement in case she should 
 not attain a vested interest (I). 
 
 It has been held that a gift to such of a class of 
 children as should attain twenty-one is not a " succes- 
 sion " within the meaning of the Act (m). 
 
 The term "settled estates," as used in this Act, shall What is a "set- 
 signify all hereditaments of any tenure, and all estates ' 
 or interests in any such hereditaments, which are the 
 subject of a settlement ; and for the purposes of this Act 
 
 (g) Sect. 2. (k) Beiuley v. Carter, L. R. 4 Cli. 
 
 (h) Collett v. ColleU, L. R. 2 Eq. 230. 
 
 203. (I) Re Horn, 29 L. T. N. S. 
 
 (i) Carlyon v. Truscott, L. R. 20 830. 
 
 Eq. 348. (m) Re Burdin, 5 Jur. N. S. 
 
 (/) Re Morgan, L. R 9 Eq. 1378. 
 587.
 
 98 SETTLED ESTATES ACT. 
 
 a tenant in tail after possibility of issue extinct shall be 
 deemed to be a tenant for life (ri). 
 
 The term "settled estate" applies only to the estate or 
 interest actually settled. Thus, if land be settled for a 
 term of years upon certain trusts, the Court can only 
 sell the term (o) ; but it seems that where an undivided 
 share of an estate is subject to a settlement, the entirety 
 will be considered a settled estate (p). 
 
 The term " settled estate " includes land of any tenure, 
 as, for instance, copyholds (q) ; and any interest or estate 
 in land, as, for instance, an equity of redemption (r) ; 
 an interest arising by way of accruer (s) ; and lands 
 equitably converted (t) ; but the term does not include 
 chattels (u). 
 
 All estates or interests in remainder or reversion, not 
 disposed of by the settlement, and reverting to a settlor, 
 or descending to the heir of a testator, shall be deemed 
 to be estates coming to such settlor or heir under or by 
 virtue of the settlement (v). 
 
 In determining what are settled estates within the 
 meaning of the Act, the Court will be governed by the 
 state of facts, and by the trusts or limitations of the 
 settlement, at the time of the settlement taking effect (w). 
 
 Leases. 
 
 Court may It shall be lawful for the Court, if it shall deem it 
 
 leases! proper and consistent with a due regard for the interests 
 
 (ri) Sect. 2. see re JBurdin, 5 Jur. N. S. 1378. 
 
 (o) Grey v. Jenkins, 26 Beav. (t) Re Greene, 10 Jur. N. S. 1098 ; 
 
 355. re Laing, L. R. 1 Eq. 417 ; re 
 
 ( p) Re Sheplicard, L. R. 8 Eq. Chamberlain, 23 W. R. 852. 
 571. CM) I?Eyncourt\. Gregory, 3 Ch. 
 
 (q) Re Adair, L. R. 16 Eq. 124. D. 636. 
 
 (r) Eyre v. Saunders, 5 Jur. (v) Sect. 2. 
 
 N. S. 703. [0 Sect. 2. 
 
 (s) Re Goodwin, 3 Giff. 629 ; but
 
 SETTLED ESTATES ACT. 90 
 
 of all parties entitled under the settlement, and subject 
 to the provisions and restrictions in this Act contained, to 
 authorize leases of any settled estates, or of any rights or 
 privileges over or affecting any settled estates, for any 
 purpose whatsoever, whether involving waste or not, pro- 
 vided the following conditions be observed : 
 
 First. Every such lease shall be made to take effect Term of years. 
 in possession at or within one year next after the making 
 thereof, and shall be for a term of years not exceeding, 
 for an agricultural or occupation lease in England, twenty- 
 ene years, in Ireland, thirty-five years ; for a mining lease, 
 or a lease of water-mills, way leaves, water leaves, or other 
 rights or easements, forty years ; for a repairing lease, 
 sixty years ; for a building lease, ninety-nine years. Pro- 
 vided always, that any such lease (except an agricultural 
 lease) may be for such term of years as the Court shall 
 direct, where the Court shall be satisfied that it is the 
 usual custom of the district and beneficial to the inherit- 
 ance to grant such a lease for a longer term than the 
 term hereinbefore specified in that behalf (a;). 
 
 This section is not a general power given to the Court 
 which must necessarily be exercised at the instance of 
 some one, but is a modified power subject to the restric- 
 tions and provisions of the Act (y). 
 
 The Court has no power to grant a lease in rever- 
 sion (z). 
 
 The Court has authorized the granting of building 
 leases of settled estates for 999 years, or at a fee farm 
 rent, upon evidence that such leases were customary, and 
 that the estate could not be beneficially disposed of for 
 
 (x) Sect. 4. As to evidence on (y) Taylor v. Taylor, 1 Ch. D. 
 applications for leases, see a. 11, 426, 432. 
 
 post, p. 103. As to laying out (z) Re ffenchy, 3 Ir. Jur. N. S. 
 streets, &c., see a. 20; re Hargrcave, 73 ; cf. re Ford, L. K. 8 Eq. 309. 
 15 W. R. 54 ; post, p. 109. 
 
 ii 2
 
 100 SETTLED ESTATES ACT. 
 
 such purposes on any other terms (a) ; and upon similar 
 evidence of a custom, trustees of a 900 years' term were 
 authorized to grant leases for terms not exceeding 600 
 years (6). 
 
 The Court refused to sanction a lease for seven years 
 of a mansion house and the appurtenances, although the 
 remaindermen consented, and though the tenant for life 
 had not the means to keep it up (c). 
 
 Rent. Secondly. On every such lease shall be reserved the 
 
 best rent or reservation in the nature of rent, either 
 uniform or not, that can be reasonably obtained, to be 
 made payable half yearly or oftener, without taking any 
 fine or other benefit in the nature of a fine. Provided 
 always, that in the case of a mining lease, a repairing 
 lease, or a building lease, a peppercorn rent, or any 
 smaller rent than the rent to be ultimately made pay- 
 ablej may, if the Court shall think fit so to direct, be 
 made payable during all or any part of the first five years 
 of the term of the lease (d). 
 
 What is "best rent" depends upon the facts and cir- 
 cumstances of each case (e). Where the transaction is 
 fair, and no fine or other collateral consideration is taken 
 by the person making the lease, and no injurious par- 
 tiality is shown to a particular lessee, there ought to be 
 something extravagantly wrong in the bargain in order 
 to set it aside on this ground (/). The Court will 
 see that the rent is such as, care and diligence being 
 exerted, circumstances mark out as the rent likely to be 
 obtained (g). 
 
 (a) ReCarr, 7 Jur. N. S. 1267 ; (d) Sect. 4. 
 
 re Elliott, W. N. (1879), 135. (e) He Rawlins, L. R. 1 Eq. 287. 
 
 (b) Re Cross's Cfutritij, 27 Beav. (/) Doe v. Raddi/e, 10 East, 
 592. 278. 
 
 (c) Re DucJicss of Cleveland, 22 (g) Qucensbury Case ; Sugden on 
 W. E. 818. Powers, 785.
 
 SETTLED ESTATES ACT. 101 
 
 Thirdly. Where the lease is of any earth, coal, stone, or p ar t O f rent of 
 mineral, a certain portion of the whole rent or payment J ge^i^ 6 * 
 reserved shall be from time to time set aside and invested 
 as hereinafter mentioned ; namely, when and so long as 
 the person for the time being entitled to the receipt of 
 such rent is a person who by reason of his estate, or by 
 virtue of any declaration in the settlement, is entitled to 
 work such earth, coal, stone, or mineral, for his own 
 benefit, one-fourth part of such rent, and otherwise, 
 three-fourth parts thereof; and in every such lease, suffi- 
 cient provision shall be made to ensure such application 
 of the aforesaid portion of the rent, by the appointment 
 of trustees or otherwise, as the Court shall deem expe- 
 dient (h). 
 
 An order authorizing a lease of mines may be extended 
 so as to give the lessees the use of contiguous lands neces- 
 sary for the convenient working of the minerals (i) ; and 
 for a like purpose the Court has sanctioned a grant of way 
 leaves over other part of the settled estate (j). 
 
 Fourthly. No such lease shall authorize the felling of Lease must 
 any trees, except so far as shall be necessary for the ""iii*" 4 ^ 01 " 126 
 purpose of clearing the ground for any buildings, excava- timber, 
 tions, or other works authorized by the lease (&). 
 
 Fifthly. Every such lease shall be by deed, and the Form of lease, 
 lessee shall execute a counterpart thereof, and every such 
 lease shall contain a condition for re-entry on non-pay- 
 ment of the rent for a period of twenty-eight days after it 
 becomes due, or for some less period to be specified in 
 that behalf (I). 
 
 When the Court authorizes a lease, the order shall Covenants. 
 
 (h) Sect. 4. (k) Sect. 4. 
 
 (i) Re Rcvcley, 11 W. R. 744. (I) Sect. 4. As to evidence of 
 
 (j) Re Lord Wallace, W. N. execution of the counterpart, see 
 
 (1869), 66. s. 48.
 
 103 SETTLED ESTATES ACT. 
 
 direct that the lease shall contain such conditions as are 
 required by the Act, aiid such other covenants, conditions, 
 and stipulations, as the Court shall deem expedient with 
 reference to the special circumstances ; or may direct the 
 same to contain such covenants, conditions, and stipula- 
 tions, as may be approved by the judge at chambers, 
 without directing the lease to be settled by the judge (m). 
 Thus, a special stipulation by the lessee to make roads 
 has been inserted (n). 
 
 Lease of part The power to authorize leases conferred by the Act shall 
 extend to authorize leases of the whole or any parts of 
 the settled estates, and may be exercised from time to 
 time (o). 
 
 Leases may be Any leases, whether granted in pursuance of this 
 and^renewed ^- c ^ or otherwise, may be surrendered either for the 
 purpose of obtaining a renewal of the same or not ; 
 and the power to authorize leases conferred by the Act 
 shall extend to authorize new leases of the whole or any 
 part of the hereditaments comprised in any surrendered 
 lease (p). 
 
 The consideration for the surrender will be kept in view 
 in settling the terms of the renewed lease (q). 
 
 Power to con- The power to authorize leases conferred by the Act 
 
 . ,. . A 
 
 af contract for" shall extend to authorize preliminary contracts to grant 
 lease. an y such leases ; and any of the terms of such contracts 
 
 may be varied in the leases (r). 
 
 But the Court can only authorize such contracts as are 
 
 in conformity with the provisions of the Act (s). 
 Leases of copy- All the powers to authorize leases contained in the 
 
 hold or custom- 
 ary heredita- 
 ments. 
 
 (m) Order, 25 ; and see s. 5. (q) Re Rawlitis, L. R. 1 Eq. 286. 
 
 (n) Re Chambers, 28 Beav. 653. (r) Sect. 8. 
 
 (o) Sect. 6. (s) Oust v. Middleton, 3 D. F. & 
 
 (p) Sect. 7 ; re Ford, L. R. 8 J. 33. 
 E(. 309.
 
 SETTLED ESTATES ACT. lOtf 
 
 Act shall be deemed to include powers to authorize the 
 lords of settled manors to give licences to their copyhold 
 or customary tenants, to grant leases of lands held by 
 them of such manors to the same extent, and for the 
 same purposes, as leases may be authorized of freehold 
 hereditaments under the Act (t). 
 
 But nothing in the Act shall authorize the granting of 
 a lease of any copyhold or customary hereditaments not 
 warranted by the custom of the manor, without the con- 
 sent of the lord, nor otherwise prejudice or affect the 
 rights of any lord of a manor (u). 
 
 The power to authorize leases may be exercised bv the Particular or 
 
 , general leasing 
 
 Court, either by approving of particular leases, or by powers, 
 ordering that powers of leasing, in conformity with the 
 provisions of the Act, shall be vested in trustees in 
 manner hereinafter mentioned (v). 
 
 A general power will not be given where the consent 
 of all persons interested cannot be obtained, and some of 
 the tenants in tail in remainder are not in esse ; but a 
 particular lease must be approved of by the Court (w). 
 
 When application is made to the Court, either to Evi f. enc ? cn 
 
 application to 
 
 approve of a particular lease, or to vest any powers of authorize lease. 
 
 leasing in trustees, the Court will require the applicant to 
 
 produce such evidence as it shall deem sufficient to enable 
 
 it to ascertain the nature, value, and circumstances of the 
 
 estate, and the terms and conditions on which leases 
 
 thereof ought to be authorized (x). It is also necessary 
 
 to furnish the evidence required by orders 15, 16, and 
 
 17 (y). 
 
 When a particular lease, or contract for a lease, has Execution of 
 
 lease. 
 
 (1) Sect. 9. (w) Re ttidchinson, 12 Jur. N. S. 
 
 (u) Sect.. 56. 244. 
 (v) Sect. 10 ; and see 8. 13, post, (x) Sect. 11. 
 p. 104. (y) Post, p. 115.
 
 SETTLED ESTATES ACT. 
 
 been approved by the Court, the Court shall direct what 
 person or persons shall execute the same as lessor ; and 
 the lease or contract executed by such person or persons 
 shall take effect in all respects as if he or they was or 
 were at the time of the execution thereof absolutely enti- 
 tled to the whole estate or interest which is bound by the 
 settlement, and had immediately afterwards settled the 
 same according to the settlement, and so as to operate (if 
 necessary) by way of revocation and appointment of the 
 use or otherwise, as the Court shall direct (z). 
 
 The above section is imperative (a). 
 General powers Where the Court shall deem it expedient that any 
 
 of leasing may 
 
 be given. general powers of leasing conformably to the Act should 
 be vested in trustees, it may by order vest any such power 
 accordingly, either in the existing trustees of the settle- 
 ment or in any other persons ; and such powers, when 
 exercised by such trustees, shall take effect in all respects 
 as if the power so vested in them had been originally 
 contained in the settlement, and so as to operate (if neces- 
 sary) by way of revocation and appointment of the use or 
 otherwise as the Court shall direct; arid in every such 
 case the Court, if it shall think fit, may impose any con- 
 ditions, as to consents or otherwise, on the exercise of 
 such power ; and the Court may also authorize the inser- 
 tion of provisions for the appointment of new trustees 
 from time to time for the purpose of exercising such 
 powers of leasing as aforesaid (6). 
 
 The Court cannot, however, vest general powers of 
 leasing in trustees where the consent of some person is 
 necessary, and has not been obtained (c) ; or where there 
 are interested persons not in esse (d). 
 
 (z) Sect. 12. (c) Re Hurle, 2 H. & M. 196. 
 
 (a) Compare s. 22 ; post, p. 110. (d) Re ffutchinson, 12 Jur. N. S. 
 
 (/>) Sect. 13. 244.
 
 SETTLED ESTATES ACT. 105 
 
 General powers to grant mining leases have been vested 
 under the Act (e). 
 
 The powers, when once vested, may be transferred on 
 application by petition (/). 
 
 The order vesting such powers may provide for their 
 exercise by persons other than the then trustees. Thus, 
 where the lands were subject to two settlements, the 
 Court vested powers of granting building, mining, and 
 repairing leases in the trustees of the first settlement 
 during the life of the tenant for life, and after his death 
 in the trustees of the second settlement (g). In another 
 case, powers of granting mining leases were vested in the 
 trustees of a will, and in the survivors and survivor of 
 them, and in the trustees or trustee for the time being, 
 and such powers were directed to be exercised with the 
 consent of the respective tenants for life (if any) for the 
 time being in possession, who might have attained twenty- 
 one, or if there should be no such tenant for life, then 
 without such consent (h). 
 
 Notice of the powers so granted should be indorsed 
 on the instrument creating the settlement (i). 
 
 The Act provides that, in orders vesting powers of Lease need not 
 leasing, no condition shall be inserted requiring the lease ju^* ' 
 to be submitted to or be settled by the Court or a judge, or 
 to be made conformable with a model lease deposited in 
 the judge's chambers ; unless the parties applying for the 
 order desire to have such condition inserted, or it shall 
 appear to the Court that there is some special reason 
 
 (c) Re Greene, 10 Jur. N. S. (g) He Northcy, tit. Brickdale, 
 
 1098 ; and see re Jones, 5 Jur. 127. 
 
 N. S. 138 : where the powers were (h) Tolson v. Shcard, 5 Ch. D. 
 
 very wide. 20. 
 
 (/) Re Kentish Town Estate, 1 (i) See s. 33, post, p. 122. 
 ,T. & H. 230.
 
 106 
 
 SETTLED ESTATES ACT. 
 
 Striking out 
 condition. 
 
 Court may 
 authorize 
 
 rendering the insertion of such a condition necessary or 
 expedient (j). 
 
 When the lease is to be settled by the judge, the 
 practice is to carry into chambers an affidavit by the 
 surveyors employed, stating accurately the particulars of 
 the proposed lease with regard to its terms, covenants, 
 conditions, and stipulations, and to apply, upon such affi- 
 davit, for a certificate approving the particulars (&). 
 
 But it is not necessary that a lease should be settled by 
 the judge merely because it contains special covenants and 
 conditions ; and special covenants, conditions, and stipula- 
 tions may be approved by the judge at chambers, without 
 his settling the lease (I}. 
 
 Where any such condition has been inserted in an 
 order, it shall be lawful for any party interested to apply- 
 to the Court to strike out such condition, and the Court 
 may alter the order accordingly ; but it is not obligatory 
 on the Court to act under this provision where there is a 
 special reason for inserting the condition (m). 
 
 The application to strike out does not appear to come 
 within section 23 ; and must therefore be made by 
 motion (ri). The costs of the application were, in the case 
 of a mining lease, directed to be paid out of the portion 
 of the rent set aside in trust for the inheritance (o). 
 
 Sales. 
 
 It shall be lawful for the Court, if it shall deem it 
 proper and consistent with a due regard for the interests 
 
 (j) Sect. 14. See re Doming, 14 
 W. R. 125 ; re Jones, 5 Jur. K S. 
 138. For cases where a lease or 
 model lease has been settled by the 
 judge, see re Chambers, 28 Beav. 
 655 ; re Hemingway, 7 W. R. 279 ; 
 Att.-Gcn. v. Christ Ch., 3 Giff. 
 521. 
 
 (k) Morgan, 219 ; Daniell, 1142. 
 
 (I) Order, 25. 
 
 (m) Sect. 15. See re Eussell, 22 
 W. R. 399 5 re Hoyle, 10 Jur. . 
 N. S. 811 ; 12 W. R. 1125. 
 
 (ri) Order, 28. See Daniell, 
 1838, n. (t). 
 
 (o) Lovat v. D. of Leeds, 11 L. T. 
 N. S. 442.
 
 SETTLED ESTATES ACT. 107 
 
 of all parties entitled under the settlement, and subject 
 to the provisions and restrictions in this Act contained, 
 from time to time to authorize a sale of the whole or any 
 part of any settled estates, or of any timber (not being 
 ornamental timber) growing on any settled estates ; and 
 every such sale shall be conducted and confirmed in the 
 same manner as by the rules and practice of the Court 
 for the time being is or shall be required in the sale of 
 lands sold under a decree of the Court (p). 
 
 The Court has jurisdiction to order a sale, though the 
 settlement contain a power of sale (q) ; but it has no 
 jurisdiction where there is an express declaration in the 
 settlement that the powers of the Act shall not be 
 exercised (r). 
 
 Whether the Court has jurisdiction to authorize sales General powers 
 generally seems doubtful. This was done in a recent 
 case, where the trustees had a power of sale exerciseable 
 after the death of the tenant for life, and all the bene- 
 ficiaries were petitioners (s). But in a previous case it 
 had been held that the Court could only sanction such 
 sales as it was satisfied would be beneficial to the estate (} 
 
 Shares which have vested absolutely may be included Shares, a i>so- 
 with the other settled shares in an order for sale of the 
 whole estate, provided the owners of the vested shares 
 are co-petitioners (u). 
 
 Where copyholds were by mistake contracted to be sold Copyholds sold 
 as freeholds, they were ordered to be enfranchised before 
 the sale, and the costs of enfranchisement were directed 
 to be paid out of the proceeds of sale (x). 
 
 (p) Sect. 16. The section docs not (r) Sect. 38, post, p. 126. 
 
 apply to exchanges, which may be (s) Re Andrews, 26 W. R. 811. 
 
 effected under the Inclosure Acts, (t) Re Peacock, 15 W. R. 100. 
 
 see Brickdale, 37. (u) Re Goodwin, 3 GifT. 620. 
 
 (q) Sect. 38, post, p. 127 ; and (x) Re Adair, L. R, 16 Eq. 124. 
 see re Thompson, Johns. 418.
 
 108 
 
 SETTLED ESTATES ACT. 
 
 Sale, how 
 made. 
 
 Fettling con- 
 veyance in 
 chambers. 
 
 Reference. 
 
 Consideration 
 of land sold 
 for building. 
 
 Minerals may 
 be excepted. 
 
 The sale is usually directed to be made by public 
 auction (y) ; but the Court may authorize it to be made 
 by private contract (z) ; and under special circumstances 
 an order for sale out of Court has been made (a). 
 
 Where all the persons interested are sui juris, the 
 conveyance will only be directed to be settled in chambers, 
 in case the parties differ ; but where infants are or may 
 be interested, the conveyance must be settled in chambers, 
 whether the parties differ or not (6). 
 
 Where all the persons interested are parties or concur, 
 and the evidence is satisfactory, an immediate order will 
 be made at the hearing without a reference to chambers. 
 
 When land is sold for building purposes, it shall be 
 lawful for the Court, if it shall see fit, to allow the whole 
 or any part of the consideration to be a rent issuing out 
 of such land, which may be secured and settled in such 
 manner as the Court shall approve (c). 
 
 On any sale of land, any earth, coal, stone, or minerals 
 may be excepted, and any rights or privileges may be 
 reserved, and the purchaser may be required to enter into 
 any covenants, or submit to any restrictions, which the 
 Court may deem advisable (d). 
 
 The minerals may also be sold apart from the surface (e) ; 
 and upon such sale, a time may be limited within which 
 the minerals are to be worked out (/) ; and the convey- 
 ance may grant rights of using the surface for workings, 
 
 (y) As to sales under the Court, 
 see Cons. Ord. XXXV. 13; and 
 Daniell, 1148, et seq. 
 
 (z) Re Adams, 9 Ch. D. 116. 
 
 (a) Re Adams, 9 Ch. D. 116 ; 
 but see re Smith, W. N. (1878), 
 196. 
 
 (b) Re Eyre, 4 K. & J. 268 ; but 
 
 see re Sheffield, W. N. (1876), 152 ; 
 Seton, 1503. 
 
 (c) Sect. 18. 
 
 (d) Sect. 19 ; and see Confirma- 
 tion of Sales Act, post, p. 140. 
 
 (e) Re Gray, W. N. (1875), 106 ; 
 re Milward, L. R. 6 Eq. 248. 
 
 (/) ReMallin, 3 Giff. 126.
 
 SETTLED ESTATES ACT. 109 
 
 and may reserve a rent in respect of the surface damaged 
 from time to time ('(/). 
 
 It shall be lawful for the Court, if it shall deem it ^ing p ut 
 
 streets, &c. 
 
 proper and consistent with a due regard for the interests 
 of all parties entitled under the settlement, and ^subject 
 to the provisions and restrictions in this Act contained, 
 from time to time to direct that any part of any settled 
 estates be laid out for streets, roads, paths, squares, 
 gardens, or other open spaces, sewers, drains, or water- 
 courses, either to be dedicated to the public or not ; and 
 the Court may direct that the parts so laid out shall 
 remain vested in the trustees of the settlement, or be 
 conveyed to or vested in any other trustees upon such 
 trusts for securing the continued appropriation thereof to 
 the purposes aforesaid in all respects, and with such pro- 
 visions for the appointment of new trustees when required, 
 as by the Court shall be deemed advisable (h). 
 
 This section does not say that the Court may direct 
 roads and sewers to be made, but that the Court may 
 direct any part of the estate "to be laid out " for roads 
 and sewers. It merely provides that the building plans 
 sanctioned by the Court may include the construction of 
 roads and sewers (i). It does not authorize the making 
 of roads generally or prospectively ; but only applies to a 
 case where, at the time of the application, the making of 
 certain roads is shown to be beneficial to the estate (k). 
 
 The roads need not be public roads ; nor, it seems, for 
 the use of all the tenants of the estate (I). 
 
 Where any part of any settled estate is directed to be How expense 
 
 (g) Re Millward, L. R. 6 Eq. re Chambers, 28 Beav. 653 ; but 
 
 248 ; and see ante, p. 101. see re Hargrcave, 15 W. R. 54 : 
 
 (A) Sect. 20. where the plans were not required 
 
 (i) Re Venour, 2 Ch. D. 522, to be approved by .the Court. 
 
 525. (I) White v. Leeson, 5 H. & N. 
 
 (k) Re Hurle, 2 H. & M. 196 ; 53, 60.
 
 110 
 
 SETTLED ESTATES ACT. 
 
 of making laid out for such purposes, the Court may direct that any 
 
 streets, &c., to 
 
 be paid. such streets, roads, paths, squares, gardens, or other open 
 
 spaces, sewers, drains, or watercourses, including all neces- 
 sary or proper fences, pavings, connections, and other 
 works incidental thereto respectively, be made and exe- 
 cuted; and that all or any part of the expenses in relation 
 to such laying out and making and execution, be raised 
 and paid by means of a sale or mortgage of or charge 
 upon all or any part of the settled estates, or be raised 
 and paid out of the rents and profits of the settled estates 
 or any part thereof, or out of any moneys or investments 
 representing moneys liable to be laid out in the purchase 
 of hereditaments to be settled in the same manner as the 
 settled estate, or out of the income of such moneys or 
 investments, or out of any accumulations of rents, profits, 
 or income ; and the Court may also give such directions 
 as it may deem advisable for the repair or maintenance of 
 such streets, roads, paths, squares, gardens, or other open 
 spaces, sewers, drains, or watercourses, or other works, out 
 of any such rents, profits, income, or accumulations, during 
 such period or periods of time, as to the Court shall seem 
 advisable (m). 
 
 On every sale or dedication to be effected as herein- 
 before mentioned, the Court may direct what person or 
 persons shall execute the deed of conveyance ; and the 
 deed executed by such person or persons shall take effect 
 as if the settlement had contained a power enabling such 
 person or persons to effect such sale or dedication, and so 
 as to operate (if necessary) by way of revocation and 
 appointment of the use, or otherwise as the Court shall 
 direct (n). 
 
 Execution of 
 conveyance. 
 
 (m) Sect. 21. 
 
 (n) Sect. 22. See re Hole, W. N. 
 
 (1868), 70 : where it was held that 
 the Court had HO power to direct
 
 SETTLED ESTATES ACT. Ill 
 
 Where a trustee dies after the hearing, but before con- 
 veyance, a new trustee must be appointed (o). 
 
 Proceedings for Protection. 
 
 It shall be lawful for the Court, if it shall deem it Proceedings 
 proper and consistent with a due regard for the interests 
 of all parties who are or may hereafter be entitled under 
 the settlement, and subject to the provisions and restric- 
 tions in the Act contained, to sanction any action, defence, 
 petition to Parliament, parliamentary opposition, or other 
 proceeding appearing to the Court necessary for the pro- 
 tection of any settled estate ; and to order that all or 
 any part of the costs and expenses in relation thereto be 
 raised and paid by means of a sale or mortgage of or 
 charge upon all or any part of the settled estate, or be 
 raised and paid out of the rents and profits of the settled 
 estate, or out of any moneys or investments representing 
 moneys liable to be laid out in the purchase of heredita- 
 ments to be settled in the same manner as the settled 
 estate, or out of the income of such moneys or invest- 
 ments, or out of any accumulations of rents, profits, or 
 income (p). 
 
 Who may Petition. 
 
 Any person entitled to the possession or to the receipt Person entitled 
 of the rents and profits of any settled estates for a term to rents ' 
 of years determinable on his death, or for an estate for 
 life or any greater estate, and also any person entitled to 
 the possession or to the receipt of the rents and profits of 
 any settled estates as the assignee of any person who, but Assignees. 
 for such assignment, would be entitled to such estates 
 
 one of the persons in whom the 108. 
 
 l.^gal estate was vested, to convey (p) Sect. 17. For form of order, 
 
 for them all. see Seton, 1505. For form of peti- 
 
 (o) Scott v. ffeisch, 24 W. R. tion, see Middleton, 114.
 
 112 SETTLED ESTATES ACT. 
 
 for a term of years, determinable with any life, or for an 
 estate for any life or any greater estate, may apply to the 
 Court by petition in a summary way to exercise the 
 powers conferred by the Act (q). 
 
 The petition must be presented by the person entitled 
 to the possession or to the receipt of the rents and profits. 
 If there is no such person in existence, no application can 
 be made (r). 
 
 Equitable It seems that an equitable tenant for life cannot peti- 
 
 life an tion, unless all the trustees join in the application (s). 
 
 Where mines were vested in trustees for a term of 
 twenty-one years, upon trust to work the mines and 
 invest the profits, and hold them upon certain trusts, and 
 subject to the term, to hold them upon trusts correspond- 
 ing to limitations of certain freehold estates, under which 
 A. was tenant for life, and A. presented a petition for sale, 
 it was held that an order could not be made during the 
 term unless the trustees joined as co-petitioners () 
 
 Estate subject A person is deemed entitled to possession or receipt of 
 the rents and profits, though his estate is charged or in- 
 cumbered, either by himself, or by the settlor, or other- 
 wise, to any extent ; but the parties entitled to the charge 
 will not be affected by the petition, unless they concur 
 therein (u). 
 
 Estate during A widow, entitled during life or widowhood, and her 
 
 widowhood. ,-,-, . , , . . , 
 
 children, entitled in remainder, may together present a 
 petition (#). 
 
 (q) Sect. 23. 196 ; but see observations of James, 
 
 (r) Taylor v. Taylor, 1 Ch. D L. J., in Taylor \. Taylor, 3 Ch. D. 
 
 431. As to the words " entitled to 145. 
 
 the possession or to the receipt of (t) Exp. Puxley, Ir. R. 2 Eq. 
 
 the rents and profits," see Lord 237. 
 
 Scarsdale v. Curzon, 1 J. & H. 66 ; (u) Sect. 54. 
 
 Wolley v. Jenkins, 23 Beav. 60. (x) Williams v. WUHanis, 9 W 
 
 (s) Taylor v. Taylor, L. R. 20 R. 888. 
 
 Eq. 302 ; re Smith, W. N. (1878),
 
 SETTLED ESTATES ACT. 113 
 
 Where a party to the application marries after the Marriage of 
 presentation of the petition, the trustees of the marriage 
 settlement must be made parties by amendment (y). 
 
 Questions of construction will not be decided upon Questions of 
 
 .... . . , , construction. 
 
 petitions under the Act ; but a petition may be presented 
 by all the persons interested, though it is doubtful in 
 what shares and proportions they are interested (z). 
 
 A married woman may petition whether of full age or Married 
 not (a) ; and though there is a clause against anticipation w< 
 in the settlement (6) ; but she must be examined before 
 the hearing (c), even though the property is settled to her 
 separate use (d). The Court will under special circum- 
 stances dispense with examination (e). 
 
 An infant may petition by his next friend ; but, after Infants. 
 the petition has been answered, a guardian must be ap- 
 pointed, and the petition must be amended by substi- 
 tuting the guardian for the next friend (/). When the 
 infant is tenant in tail, no application by the guardian can 
 be made without the special direction of the Court (</). 
 
 A lunatic may petition by his committee, duly ap- Lunatics. 
 pointed (h); but the committee must apply in Lunacy for 
 authority to act (i). Where the lunatic is tenant in tail, 
 the committee must also obtain the special directions of 
 the Chancery Division (k). 
 
 A person of unsound mind, not so found by inquisi- 
 tion, cannot consent to the petition ; and the Court 
 
 (y) Re Wilkinson, 21 W. R. (/) Sect. 49; Order, 5;^, p. 130. 
 
 637. (g) Sect. 49 ; Order, 6 ; post, 
 
 (z) lit Williams, 20 W. R. 967. p. 130. 
 
 (a) Sect. 52. As to petitions by (h) Sect. 49 ; post, p. 129. 
 
 married women, see ante, p. 4. (i) He Woodcock, L. R. 3 Ch. 
 
 (&) Sect. 50. 229. 
 
 (c) Order, 13. (k) Sect. 49 ; Orders, 6, 11 ; post, 
 
 (d) Sect. 50. p. 130. 
 
 (e) Post, p. 132.
 
 114 
 
 SETTLED ESTATES ACT. 
 
 has no power to appoint a guardian on behalf of such a 
 person (I). 
 
 Bankrupts. A petition may be presented by trustees or assignees 
 
 of the property of bankrupts, debtors in liquidation, or 
 insolvents (m). 
 
 Form of Petition Evidence Hearing. 
 
 Title ami form All petitions, notices, affidavits, and other proceedings 
 under the Act, shall be entitled, " In the matter of the 
 estates settled (by the settlor, or settlors, 'naming one of 
 them, and referring to the instrument by which the settle- 
 ment has been created, and mentioning the parish, or 
 place, and county in which the lands, messuages, or tene- 
 ments, proposed to be dealt with are situate), and in the 
 matter of the Settled Estates Act, 1877 ;" and every such 
 petition shall be marked with the words, " In the High 
 Court of Justice, Chancery Division," and with the title 
 of the judge before whom it is intended to be heard ; and 
 every petition shall, in the body thereof, or in a schedule 
 thereto, or by a plan thereto annexed, contain a detailed 
 description of the property proposed to be dealt with, 
 sufficient to identify the same (n). 
 
 Every petition shall set forth the name, address, and 
 description of the petitioner, and also a place within three 
 miles from the site of Temple Bar, where he may be 
 served with any order or notice relating to the subject of 
 such petition (o). 
 
 Hearing. Upon the presentation of the petition, a day shall be 
 
 appointed for hearing, not less (unless the judge gives 
 special leave) than eight clear days after such presentation ; 
 
 (I) Re Clough, L. K. 15 Eq. 284 ; 
 but see re Crabtree, L. K. 10 Ch. 
 201 ; and Order, 4, post. 
 
 (m) Sect. 49 ; post, p. 129. 
 
 (n) Order, 2. For form of peti- 
 tion, see post. See re WTiiteley, 
 
 L. K. 8 Eq. 574, as to literal com- 
 pliance with, the order. 
 
 (o) Order, 31. In notices, ad- 
 vertisements, &c., the address of 
 the petitioner's solicitor is suffi- 
 cient.
 
 SETTLED ESTATES ACT. 115 
 
 and in the computation of such eight clear days, Sundays, 
 and other days on which the offices are closed shall not 
 be reckoned (p). 
 
 Where a petition has been put into the paper for Standing over, 
 hearing, and by reason of the parties not being ready, 
 
 or for any other cause, the judge allows it to stand over 
 generally, it may be put into the paper for a subsequent 
 day, without any application to the Court or judge, 
 on the petitioner or his solicitor applying for that pur- 
 pose to the secretary of the Lord Chancellor, or Master 
 of the Rolls (as the case may be) ; and notice of the 
 appointment of such subsequent day shall be given by 
 the petitioner, or his solicitor, two clear days before the 
 day fixed, to the other parties entitled to appear on such 
 petition (q). 
 
 Upon every petition the Court shall be satisfied by Evidence. 
 sufficient evidence that it is proper and consistent, with 
 a due regard for the interests of all parties entitled under 
 the settlement, that the powers should be exercised ; and 
 it must be stated why and upon what ground it is deemed 
 to be so (r). 
 
 Where there are trustees seised or possessed of any 
 estate in trust for any of the persons, whose consent or 
 concurrence is required, evidence must be produced that 
 notice of the application has been served on such 
 trustees (a). 
 
 Evidence must be produced to satisfy the Court that 
 neither the applicant, nor any party entitled, has pre- 
 viously applied to either House of Parliament for a private 
 Act to effect the same, or a similar object ; or if any such 
 
 (p) Order, 2. (r) Order, 15; and see s. 11, 
 
 (q) Order, 3. For form and con- ante, p. 103. 
 
 tents of an order made under the (s) Order, 16; see s. 30, post, 
 Act, see Order, 24 ; post, p. 134. p. 120. 
 
 i 2
 
 116 
 
 SETTLED ESTATES ACT. 
 
 Parties and 
 consents. 
 
 Refusal to 
 consent. 
 
 Unascertained 
 persons. 
 
 application has been made, that the same was not rejected 
 on its merits, or reported against by the judges to whom 
 the bill may have been referred (t). 
 
 Consents Notices Service. 
 
 Subject to the exceptions hereinafter contained, every 
 application to the Court must be made with the con- 
 currence or consent of the following parties ; namely (1.) 
 Where there is a tenant in tail under the settlement in 
 existence, and of full age, then the parties to concur or 
 consent shall be such tenant in tail ; or if there is more 
 than one such tenant in tail, then the first of such tenants 
 in tail, and all persons in existence having any beneficial 
 estate or interest under the settlement prior to the estate 
 of such tenant in tail, and all trustees having any estate 
 or interest on behalf of any unborn child prior to the 
 estate of such tenant in tail ; and, (2.) In every other 
 case the parties to concur or consent shall be all the 
 persons in existence having any beneficial estate or 
 interest under the settlement, and also all trustees 
 having any estate or interest on behalf of any unborn 
 child (u). 
 
 The Court cannot exercise the powers given by the 
 Act, if any of the parties beneficially interested refuse 
 to concur (x) ; unless their concurrence is dispensed 
 with. 
 
 It is no objection to a petition that the consent of 
 unascertained persons, who may ultimately become enti- 
 tled, has not been obtained (y). Thus, where the tenant 
 for life and the trustees, who were the only persons in 
 existence who had any interest in the property, con- 
 
 (t) Order, 17 ; see re Wilson, 
 post, p. 128. 
 (u) Sect. 24. 
 
 (*) Re Merry, 15 "W. R. 307. 
 (y) BewUy v. Carter, L. R. 4 Ch. 
 230.
 
 SETTLED ESTATES ACT. 11 
 
 curred, it was held that the consent of the unascertained 
 contingent remaindermen was unnecessary (z). 
 
 Trustees do not represent their beneficiaries ; the con- Trustees, 
 sent of the cestuis que trustent must therefore be 
 obtained, even where there are trustees for sale (a). The 
 consent of the beneficiaries of a term for raising portions 
 was held to be necessary (6) ; but where the remainder- 
 men, who were sui juris, and the trustees concurred, the 
 consent of children, who might take by substitution their 
 parent's share, was dispensed with (c). 
 
 Notice of the application must be served on all 
 trustees (d). 
 
 A married woman may consent to an application, Married 
 though there is a clause against anticipation in the set- 
 tlement ; but she must be examined, though she is 
 entitled to her separate use (e). Subject to examination, 
 a married woman may consent, whether she is of full age, 
 or an infant (/). 
 
 The consents of infants, lunatics, bankrupts, and in- infants, &c. 
 solvents, are regulated by Section 49 (g), and by Orders, 
 512 (h). 
 
 The Court may dispense with the consent of any persons Dispensing 
 interested: (1) where their interests are subsequent to the Wlth consent - 
 estate of an infant tenant in tail (i) ; or (2) where, having 
 regard to the number of such persons, and to their estates 
 and interests, the Court considers it proper to exercise 
 
 (z) Beioley v. Carter, L. R. 4 Ch. 852. 
 
 230. (d) Sect. 30 ; post, p. 120. 
 
 (a) Re Ives, 3 Ch. D. 690 ; re (e) Sect. 50, post, p. 131. 
 
 Dendy, 4 Ch. D. 879; but see re (/) Sect. 52, post, p. 132. 
 
 Strutt, L. R. 16 Eq. 629. It seems (g) Post, p. 129. 
 
 that R. S. C. Ord. XVI. r. 7 does (h) Post, pp. 129-131. 
 
 not apply to this Act. (i) Sect. 25 ; re Hooke, W. N. 
 
 (6) Re Bvugkton, 12 W. R. 34. (1875), 29. 
 
 (c) Re Chamberlain, 23 W. R.
 
 118 SETTLED ESTATES ACT. 
 
 such discretion (k). The Court will, however, only dis- 
 pense with consent in the last mentioned case where the 
 number of such persons is comparatively small, and where 
 their interests are comparatively unimportant as regards 
 value. Where the persons interested are equal in number, 
 or where the values of the interests approach closely, the 
 opposition of persons so interested is fatal to the applica- 
 tion (I). The consent of the following persons has been 
 dispensed with ; namely, of an infant born after the pre- 
 sentation of the petition, where the mother, and her other 
 children, and the trustees, were petitioners (m) ; of a 
 contingent remainderman entitled in the event of all the 
 children of the testator dying under twenty-one without 
 issue (n) ; of a married woman and her husband, entitled 
 to a life interest in one-tenth (o) ; of a married woman, 
 where the other seven persons interested consented, on 
 the terms of the petition being served on her and her 
 husband (p). 
 
 Notice. Where the consent of any person has not been obtained, 
 
 notice shall be given to him, requiring him, within a 
 specified time, to notify whether he assents to, or dissents 
 from the application, or submits his rights or interests to 
 be dealt with by the Court. Every such notice must 
 specify to whom and in what manner the notification is 
 to be delivered ; and in case no notification shall be 
 delivered within the time specified, such person shall be 
 deemed to have submitted his rights to be dealt with by 
 the Court (q) . 
 
 (k) Sect. 28. Service is, however, 271 ; W. N. (1877) 184. 
 in any case necessary, re Rylar, (p) Re Thorp, W. N. (1876) 251. 
 
 24 W. R. 949. (?) Sect. 26. For form of notice, 
 
 (1) Taylor v. Taylor, 1 Ch. D. see post. As to notices and noti- 
 
 426, 433 ; S. C. 3 Ch. D. 146. fications by infants and lunatics, 
 
 (m) Re Lewis, 24 W. R. 103. see s. 49, and Orders, 5, 6, 7, 11, 
 
 (n) Re Spurway, 10 Ch. D. 230. 12 ;post, pp. 129-131. 
 
 (o) Re Cundee, 37 L. T. N. S.
 
 SETTLED ESTATES ACT. 119 
 
 The time to be specified in the notice within which the Time for 
 notification shall be delivered shall, in case the person to 
 be served is a guardian of an infant, be such as shall be 
 directed by the judge in the order appointing the 
 guardian ; in the case of a married woman or committee 
 of a lunatic, not less than twenty-eight clear days after 
 service ; and in other cases, not less than fourteen clear 
 days after service. But in case the person to be served is Directions for 
 of unsound mind not so found by inquisition, or is out of se 
 the jurisdiction of the Court, or it is desired to serve such 
 notice in any other manner than above provided, an appli- 
 cation shall be made at chambers exparte by the petitioner 
 for the directions as to the manner in which such notice 
 shall be given, and as to the time to be specified in such 
 notice within which the notification is to be made by the 
 person served (r). 
 
 Upon application for directions as to service of such 
 notice, the Court has, in the case of a person of unsound 
 mind not so found, ordered service personally on- such 
 person, and also on the person in whose charge he was (s). 
 
 In the case of a person out of the jurisdiction, service 
 of the notice by post was ordered (t). 
 
 Any person served with such notice shall be at liberty, Perusal of 
 upon reasonable notice to the petitioner's solicitor, to 
 inspect and peruse the petition without payment of any 
 fee, and shall be entitled to be furnished with a copy 
 thereof (u). 
 
 Where a person cannot be found, or it is uncertain Dispensing 
 i i i T 11 i 11 with notice. 
 
 whether he is living or dead, or where it shall appear to 
 
 the Court that such notice cannot be given without ex- 
 
 (r) Order, 4. where leave to serve a respondent 
 
 (s) Re Crallrce, L. R. 10 Ch. 203 ; out of the jurisdiction was refused. 
 
 and see re Slark, W. N. (1875) 224. (u) Order, 22. As to copies, see 
 
 (0 Be Mylar, 24 W. R. 949 ; and Add. Rules, August, 1875, Ord. V. 
 
 ee re Mewburn, 22 W. R. 752, rr. 8, 9, 12, & 13.
 
 120 
 
 SETTLED ESTATES ACT. 
 
 Order made 
 subject to 
 right. 
 
 Notice to 
 trustees. 
 
 Advertise- 
 ments. 
 
 pense disproportionate to the value of the subject matter 
 of the application, the Court, if it shall think fit, either on 
 the ground of the rights or interests of such person being 
 small or remote, or being similar to the rights or interests 
 of any other person or persons, or on any other ground, 
 may by order dispense with notice to such person ; and 
 such person shall thereupon be deemed to have submitted 
 his rights and interests to be dealt with by the Court (x). 
 
 The Court may, if it thinks fit, give effect to any peti- 
 tion, subject to, and so as not to affect the rights, estate, 
 or interest of any person whose concurrence or consent has 
 been refused, or who has not submitted, or is not deemed 
 to have submitted his rights and interests to be dealt with 
 by the Court, or whose rights, estate, or interest ought, in 
 the opinion of the Court, to be excepted (y). 
 
 The Court has made such an order subject to the rights 
 of legatees whose legacies were charged upon the estate, 
 where such persons were very numerous (z). 
 
 Notice of any application under the Act must be served 
 on all trustees who are seised or possessed of any estate in 
 trust for any person whose consent is necessary, and on 
 any other parties who in the opinion of the Court ought 
 to be served, unless the Court shall think fit to dispense 
 with such notice (a). 
 
 Evidence of service on trustees must be produced at the 
 hearing (6). Trustees so served have a right to inspect 
 the petition without payment, and to have a copy at the 
 usual charge (c). 
 
 Notice of any application to the Court under the Act 
 
 (x) Sect. 27. For a case where 
 notice was dispensed with on the 
 ground of remoteness of interest, 
 see re Earl of Kilmorey, 26 W. R. 
 54. 
 
 (y) Sect. 29. 
 
 (2) He Legge, 6 W. R. 20 ; re 
 Parry, 34 Beav. 462. 
 
 (a) Sect. 30. As to dispensing 
 with notice, see ante, p. 119. 
 
 (b) Order, 16. 
 
 (c) Order, 22.
 
 SETTLED ESTATES ACT. 
 
 shall if the Court shall so direct, but not otherwise, be in- Advertise- 
 
 ments. 
 serted in such newspapers as the Court shall direct ; and 
 
 any person or body corporate, whether interested in the 
 estate or not, may apply to the Court by motion to be 
 heard in opposition to or in support of the application ; 
 and the Court may permit such person or corporation to 
 appear and be heard, on such terms as to costs, or other- 
 wise, and in such manner, as it shall think fit (d). 
 
 Advertisements therefore are now unnecessary, unless 
 directed at the hearing. If directed, the petition will 
 stand over, either generally, or for such time, as the Court 
 shall direct (e). 
 
 Where all the persons interested are before the Court, 
 and the public have no concern in the matter, it seems the 
 Court will not require advertisements to be issued (/). 
 
 The title of the advertisement must be the same as the 
 title of the petition (gr) ; but slight inaccuracies or diver- 
 gencies, which are not likely to mislead, are immaterial, 
 and will not necessitate re-advertisement (h). Where, 
 owing to intervening circumstances, it becomes necessary 
 to amend the petition, the Court will direct fresh adver- 
 tisements, if the amendment involve new facts and new 
 parties so as to give the petition a new character, but not 
 if the case introduced by amendment does not substan- 
 tially differ from the case of the original petition (i). 
 
 (d) Sect. 31. For form of adver- re Bateman, 13 W. R. 513. 
 isemcnt, see post. (i) Re Banbury, 13 "W. R. 370. 
 
 (e) Order, 18. For cases where readvertisement 
 (/) Re Chilcott, W. N. (1877) was not required, see re Kentish 
 
 259. Town Estates, 1 J. & H. 230 ; re 
 
 (g) Order, 2 ; ante, p. 114. Horton, 34 Beav. 386 ; re Corbet, 
 
 (h) Re Nune, W. N. (1867) 109 ; W. N. (1866) 318 ; Wheeler v. 
 
 re Hemsley, L. R. 16 Eq. 315 ; re Tootel, 16 W. R. 273 ; re Marshall, 
 
 Bicknell, L. R. 14 Eq. 467 ; re L. R. 15 Eq. 66 ; re Wilkinson, 21 
 
 Warne, W. N. (1875) 109 ; re W. R. 537 ; re Earl of Kilmorey, 
 
 Whitely, L. R. 8 Eq. 574 ; but see 26 W. R. 54.
 
 122 
 
 SETTLED ESTATES ACT. 
 
 Leave to 
 appear. 
 
 Notice to be 
 endorsed on 
 settlement. 
 
 Under the old practice with regard to advertisements it 
 was usual to insert a notice once in the " London Gazette," 
 and once in each three successive weeks, in some local 
 paper. The notice was not settled in chambers, nor was 
 the copy for the " Gazette " signed by the chief clerk, but 
 the directions were written on the summons, and signed 
 by the petitioner's solicitor (fc). 
 
 The motion for leave to be heard must be made within 
 the time specified in the advertisement, and may be made 
 either ex parte, or on notice to the petitioner; but if 
 made ex parte, the order must be served on the peti- 
 tioner's solicitor (I), and will be made subject to such 
 order as-to costs as the Court shall think fit (m). 
 
 Where a person obtains leave to be heard, he may upon 
 reasonable notice, inspect and peruse the petition, at the 
 office of the petitioner's solicitor, upon payment of 13s. 4d, 
 and shall be entitled to a copy of the petition upon pay- 
 ment of the usual charge (ri). 
 
 The Court shall direct that some sufficient notice of the 
 exercise of any of the powers of the Act shall be placed on 
 the settlement, or on any copies thereof, or otherwise re- 
 corded in any way it may think proper, in all cases where 
 it shall appear practicable and expedient for preventing 
 fraud or mistake (o). 
 
 Notice of a power to grant building leases has been 
 ordered to be indorsed on a deed declaring the trusts t>f a 
 dissenting chapel ( p) ; and where the probate of the will 
 creating the settlement was lost, notice was directed to be 
 indorsed on a deed appointing new trustees (q). Where 
 
 (k) Middleton, 79. As to suc- 
 cessive weeks, see Brown v. Pennc- 
 father, 4 K R. 221. 
 
 (I) Order, 21. 
 
 (m) Order, 19. 
 
 () Order, 20. 
 
 (o) Sect. 33. See re Chambers, 28 
 Beav. 655 ; re Boyd, Ir. E. 8 Eq. 
 76. 
 
 (p) Re Cross, 27 Beav. 592. 
 
 (q) Re Burley, W. K (1868) 148.
 
 SETTLED ESTATES ACT. 123 
 
 the settled estate is in a register county, notice may be 
 given by directing a memorial of the order to be regis- 
 tered (r). 
 
 Where the Court shall not think it practicable or expe- 
 dient to record such notice, the order shall state that no 
 record of the order need be made (s). 
 
 Application of Moneys. 
 All money to be received on any sale under the Act, or Application 
 
 of moneys. 
 
 to be set aside out of rent or payments reserved on any 
 lease of earth, coal, stone, or minerals, may, if the Court 
 shall think fit, be paid to any trustees of whom it may 
 approve, or otherwise the same, so far as relates to estates 
 in England, shall be paid into Court ex parte the appli- 
 cant in the matter of this Act, and so far as relates to 
 estates in Ireland, shall be paid into the Bank of Ireland, 
 to the account of the Accountant-General ex parte the 
 applicant in the matter of the Act ; and such money shall 
 be applied as the Court shall from time to time direct to 
 some one or more of the following purposes ; namely (1.) 
 So far as relates to estates in England, the purchase or 
 redemption of land-tax, and so far as relates to estates in 
 Ireland, the purchase or redemption of rent-charge in lieu 
 of tithes, crown-rent, or quit-rent ; (2.) The discharge or 
 redemption of any incumbrance affecting the heredita- 
 ments in respect of which such money was paid, or affect- 
 ing any other hereditaments subject to the same uses or 
 trusts ; (3.) The purchase of other hereditaments to be 
 settled in the same manner as the hereditaments in 
 respect of which the money was paid ; or (4.) The payment 
 to any person becoming absolutely entitled (t). 
 
 The money may be ordered to be paid to the trustees, Payment to 
 
 trustees. 
 
 (r) Order, 23. (t) Sect. 34. Compare Lands 
 
 (a) Order, 23. Clauses Act, a. 69.
 
 124 
 
 SETTLED ESTATES ACT. 
 
 Service. 
 
 to be held upon the trusts of the settlement (it) ; but this 
 will not be done if the parties, or some of them, are under 
 disability or resident abroad (#). 
 
 A petition merely dealing with purchase-money is not 
 within the 24th section, and need not therefore be served 
 upon all the persons interested, as upon a sale (y). But 
 service has been ordered on all the persons interested 
 down to the first tenant in tail (z). 
 
 The above 34th section is similar to the 69th section of 
 the Lands Clauses Act (a) ; and the decisions under the 
 latter section are by analogy applicable to the former (6). 
 Incumbrance. Assessments made by a corporation for paving a street 
 are an incumbrance within the section (c). 
 
 The money may be applied in the erection of new 
 buildings on other parts of the settled estate, but not in 
 repairs and improvements which do not put new buildings 
 on the ground (d}. It seems, however, that the Court 
 may now direct such moneys to be applied in making 
 "streets, roads, paths, squares, gardens, or other open 
 spaces, sewers, drains, or watercourses, including all neces- 
 sary or proper fences, pavings, connections, and other works 
 incidental thereto " (e). 
 
 The money will be ordered to be paid out to any person 
 absolutely entitled (/) ; but before payment out to a 
 
 Repairs and 
 improvements. 
 
 Persons abso- 
 lutely entitled. 
 
 () He Morgan, L. R. 9 Eq. 587 ; 
 re Hemsley, 43 L. J. Ch. 72 ; re 
 Shaw, L. R. 14 Eq. 9 ; re Newman, 
 L. R. 9 Ch. 681. 
 
 (a;) Aston v. Meredith, L. R. 13 
 Eq. 492. 
 
 (y) Re Duke of Cleveland, 1 Dr. 
 & S. 481 ; re Sexton Barns, 10 W. 
 R. 416 ; ante, p. 116. 
 
 (z) Re Bolton Estates, 19 "W. R. 
 429. 
 
 (a) Ante, p. 63. 
 
 (b) For cases under the Lands 
 
 Clauses Act, see ante, p. 63. 
 
 (c) Re Billiard, 38 L. T. K S. 
 93 ; and see as to redemption of 
 land tax, and discharge of incum- 
 brances, ante, p. 63. 
 
 (d) Re Newman, L. R. 9 Ch. 
 681 ; Drake v. Trefusis, L. R. 10 
 Ch. 367 ; re Speer, 3 Ch. D. 262 ; 
 but see re Clitheroe, 17 W. R. 345. 
 
 (e) Sect. 21 ; ante, p. 109. 
 
 (/) As to persons absolutely en- 
 titled, see ante, p. 67.
 
 SETTLED ESTATES ACT. 125 
 
 tenant in tail, lie must execute a disentailing deed (g) ; 
 and must make an affidavit of no incumbrances (h). Pay- 
 ment to husband and wife has been ordered on proof that 
 she was past child-bearing (i\ and on her executing a 
 deed acknowledged (/<;). On payment out to a married 
 woman, an affidavit of no settlement is necessary (I). 
 
 The money arising from a sale under the Act is treated Conversion. 
 as realty, there -being an equity for reconversion in favour 
 of the heir (m). 
 
 The application of the money in manner aforesaid may, Application of 
 if the Court shall so direct, be made by the trustees (if trustees with- 
 any) without any application to the Court, or otherwise tothTcourt 10 " 
 upon an order of the Court, upon the petition of the 
 person who would be entitled to the possession of the 
 receipt of the rents and profits of the land if the money 
 had been invested in the purchase of land (ri). 
 
 The order may direct the trustees to apply the proceeds 
 without any further application to the Court (o) ; or may 
 direct the money to be paid to the trustees, to hold upon 
 the trusts of the settlement (p), or upon their undertaking 
 to apply it as directed (q). 
 
 Until the money can be applied as aforesaid, the same Interim in- 
 shall be invested as the Court shall direct in some or one 
 of the investments in which cash under the control of the 
 Court is for the time being authorized to be invested ; and 
 
 (g) Re Reynolds, 3 Ch. D. 61 ; Standish, 25 W. R. 8. 
 
 and see ante, p. 69. (m) Foster v. Foster, 1 Ch. D. 
 
 (h) Thornhill v. Milbank, 12 588 ; Mildmay v. Quicke, 6 Ch. D. 
 
 W. R. 523. 553 ; and see Kelland v. Fulford, 
 
 (i) As to payment to women past 6 Ch. D. 491. 
 
 child -bearing, see ante, p. 23. (n) Sect. 35. 
 
 (k) Re Belt, 25 W. R. 901 ; but (o) Re Peacock, 12 Jur. N. S. 
 
 see Slandering v. Hall, 11 Ch. D. 959 ; re Boyd, Ir. R. 8 EIJ. 76. 
 
 652, as to the necessity of a deed (p) Re Morgan, L. R. 9 Eq. 587 ; 
 
 acknowledged ; and see ante, p. 23. re Shaw, L. R. 14 Eq. 9 ; re 
 
 (1) Seton, 1484. Sccus, if the Hemsley, 43 L. J. Ch. 72. 
 
 application is for a sale or lease, re (q) Re Newman, L. R. 9 Ch. 681.
 
 SETTLED ESTATES ACT. 
 
 the interest and dividends of such investments shall be 
 paid to the person who would have been entitled to the 
 rents and profits of the lands if the money had been 
 invested in the purchase of land (r). 
 
 The order directing investment, and also a written 
 request to invest must be left at the Chancery Paymaster's 
 office (s). 
 
 Application of Where any purchase-money shall have -been paid into 
 Court in respect of any lease for a life or lives, or years, or 
 f or a }if e or lives and years, or any estate in lands less 
 than the whole fee simple, or in respect of any reversion 
 dependent on any such lease or estate, it shall be lawful 
 for the Court, on the petition of any party interested in 
 such money, to order that the same shall be laid out, 
 invested, accumulated, and paid, in such manner as the 
 Court may consider will give to the parties interested in 
 such money the same benefit therefrom as they might 
 lawfully have had from the lease, estate, or reversion, in 
 respect of which such money shall have been paid, or as 
 near thereto as may be (t). 
 
 This section follows, with merely verbal alterations, the 
 74th section of the Lands Clauses Act (u). 
 
 When, and 
 
 Powers of the Act. 
 
 The Court shall be at liberty to exercise any of the 
 P owers conferred by the Act, whether the Court shall 
 have already exercised any of such powers in respect of 
 the same property, or not ; but no such powers shall be 
 exercised if an express declaration that they shall not be 
 exercised is contained in the settlement ; Provided always 
 
 (r) Sect. 36. As to investment of 
 cash under the control of the Court, 
 see ante, p. 93. 
 
 (s) He Woodcock, L. R. 13 Eq. 
 
 183 ; and see Ch. Funds Rules, 
 1874, r. 65. 
 
 (t) Sect. 37. 
 
 (u) See ante, p. 72.
 
 SETTLED ESTATES ACT. 127 
 
 that the circumstance of the settlement containing powers 
 to effect similar purposes shall not preclude the Court 
 from exercising any of the powers conferred by the Act, if 
 it shall think that the powers contained in the settlement 
 ought to be extended (x). 
 
 It seems that the power of the Court to direct a sale Extending the 
 
 power of the 
 
 where there is a power in the settlement is not confined settlement. 
 to cases where the power in the settlement ought to be 
 extended, but may be exercised when the powers in the 
 settlement are sufficient for the purpose without any 
 extension (y). Thus, the Court has directed a sale, where 
 the trustees had a general power of sale (z). A direction 
 in the settlement that the power shall not be exercised 
 before a given event does not amount to an " express 
 declaration" that the powers of the Act shall not be 
 exercised before that event (a) ; and, therefore, where the 
 power in a settlement is to be exercised on a future event, 
 it may be accelerated, so as to be immediately exercis- 
 able (6). 
 
 Nothing in this Act shall be construed to empower the 
 Court to authorize any lease, sale, or other act, beyond the 
 extent to which, in the opinion of the Court, the same 
 might have been authorized by the settlor or settlors (c). 
 
 The Court shall not be at liberty to grant any appli- Application to 
 cation under the Act in any case where the applicant or 
 any party entitled has previously applied to either House 
 of Parliament for a private Act to effect the same or a 
 similar object, and such application has been rejected on 
 
 (x) Sect. 38. The Court will not (a) Re Williams, W. K (1878) 
 
 extend a power by dispensing with 189. 
 
 a necessary consent, see re Hurlc, (b) Re Morgan, L. E. 9 Eq. 587 ; 
 
 12 H. & M. 196. re Hcmsley, 43 L. J. Ch. 72. 
 
 (y) Re T/unnpson, Johns. 418, (c) Sect. 39. Entails created by 
 
 423. Act of Parliament are not within 
 
 (z) Qrey v. Jenkins, 26 Beav. the Act, see s. 55 ; post, p. 134. 
 351.
 
 128 
 
 SETTLED ESTATES ACT. 
 
 Proceedings 
 not invali- 
 dated by ir- 
 regularity. 
 
 Costs. 
 
 its merits, or reported against by the judges to whom the 
 bill may have been referred (d). 
 
 Evidence that no application has been made to Par- 
 liament must be produced at the hearing (e). 
 
 A bill which has been rejected will be presumed to 
 have been rejected on its merits unless the contrary is 
 shown (/). 
 
 After the completion of any lease or sale, or other act, 
 under the authority of the Court, and purporting to be in 
 pursuance of this Act, the same shall not be invalidated 
 on the ground that the Court was not empowered to 
 authorize the same ; except that no such lease, sale, or 
 other act shall have any effect against a person whose 
 concurrence or consent ought to be obtained, or who 
 ought to be served with notice, or in respect of whom an 
 order dispensing with such service ought to be obtained, 
 in the. case where such concurrence or consent has not 
 been obtained, .and such service has not been made, or 
 dispensed with ((/). 
 
 The effect of this section is that mere irregularity will 
 not invalidate the order, if all the parties interested are 
 before the Court (h). 
 
 Costs. 
 
 The Court may order that all or any costs or expenses 
 of all or any parties of and incident to any application 
 under the Act shall be a charge on the hereditaments 
 which are the subject of the application, or on any other 
 hereditaments included in the same settlement and sub- 
 
 (d) Sect. 32. 
 
 (e) Order, 17. ] 
 
 (/) Re Wilson, 1 L. T. K S. 
 
 25. 
 
 (g) Sect. 40. 
 
 (h) Lloyd v. Johnes, 9 Ves. 37 ; 
 
 re Shepheard, L. K. 8 Eq. 573 ; 
 and see re Thompson, Johns. 418 ; 
 Beioley \. Carter, L. E. 4 Ch. 238 ; 
 Curtis v. Price, 12 Ves. 89 ; Bowen 
 v. Evaiis, 1 J. & L. 178, 258.
 
 SETTLED ESTATES ACT. 129 
 
 ject to the same limitations ; and the Court may also 
 direct that such costs and expenses shall be raised by sale 
 or mortgage of a sufficient part of such hereditaments, or 
 out of the rents or profits thereof; such costs and expenses 
 to be taxed as the Court shall direct (i). 
 
 Trustees will be allowed their costs of appearing on the 
 petition (k), though the petition is dismissed ; and such 
 costs may be ordered to be a charge on the estate (I). 
 Where the costs are ordered to be raised by mortgage, 
 the name of the person advancing the money may be 
 inserted in the order, so as to save the expense of a 
 mortgage deed (m). 
 
 The costs of a petition, which is for the benefit of all 
 parties, are paid out of corpus (ri) ; but where the appli- 
 cation is solely for the benefit of the tenant for life, the 
 costs will be paid out of income (o). 
 
 The costs of proceedings for protection (p), and of penis- . 
 ing the petition (q), are specially provided for by the Act. 
 
 The fees and allowances to solicitors and officers of the 
 Court are regulated by Orders, 29 and 30, which incorpo- 
 rate Add. Rules, Aug., 1875, Ord. VI., and Rules of 28th 
 Oct., 1875. 
 
 Persons under disability. 
 
 All powers given by this Act, and all applications to Infants, luna- 
 the Court under this Act, and consents to and notifications rl^ts^ 
 respecting such applications, may be executed, made, or 
 given by, and all notices under the Act may be given to, 
 
 (i) Sect. 41. For form of order, 273 ; re Parbij, 29 L. T. 72. 
 
 see Seton, 1488. (o) EC Marner, L. R. 3 Eq. 432 ; 
 
 (k) Re Duke of Cleveland, 2 L. T. cf. re Parby, supra. 
 
 N. S. 78. ( p ) Sect. 17, ante, p. 111. 
 
 (I) Re Hurle, 2 H. & M. 204. (q) Orders, 20, 22, ante, pp. 119, 
 
 (m) Re Tunstall, 14 L. T. N. S. 122. As to fees for copies, see 
 
 352. Add. Rules, Aug. 1875, Ord. V. 8, 
 
 (n) Whaler v. Toolal, 16 W. R. 9, 12,& 13. 
 
 K
 
 130 
 
 SETTLED ESTATES ACT. 
 
 Guardians. 
 
 guardians on behalf of infants, and by or to committees 
 on behalf of lunatics, and by or to trustees or assignees of 
 the property of bankrupts, debtors in liquidation, or in- 
 solvents ; Provided nevertheless, that, in the case of infant 
 or lunatic tenants in tail, no application to the Court or 
 consent to or notification respecting any application may 
 be made or given by any guardian or committee without 
 the special direction of the Court (r). 
 
 Where it is desired that the guardian of an infant shall 
 make or consent to any application, or make any notifica- 
 tion respecting the application, or that notice may be 
 given to any such guardian on behalf of an infant, the. 
 Court may appoint a guardian to such infant for the 
 purposes of the Act ; and an application for such appoint- 
 ment may, after the petition is presented, be made at 
 Chambers by the petitioner by summons (s). The sum- 
 mons must be served upon the parent, testamentary 
 guardian, or guardian appointed by the Court, of the 
 infant, if there be any such parent or guardian, unless the 
 Court or judge shall dispense therewith (). 
 
 I n the case of a lunatic or infant tenant in tail by his 
 ii tenants committee or guardian applying or consenting to an ap- 
 plication, or giving a notification respecting an application, 
 an application may be made at chambers by the petitioner, 
 after the petition is presented, that such committee or 
 guardian may be directed to so apply or consent, or give a 
 notification; and, in the case of an infant, such application 
 may be combined with the application to appoint a 
 guardian (u). 
 . In cases where the committees or guardians of lunatic 
 
 (r) Sect. 49. dence is required on the appoint- 
 
 () Order, 5. For form of sum- ment of guardians, see Order, 10. 
 
 mons, see post. (u) Order, 6 ; and see ante, p. 
 
 (t) Order, 8. As to what evi- 113. 
 
 Infant and
 
 SETTLED ESTATES ACT. 131 
 
 or infant tenants in tail shall be served with notice in 
 pursuance of the 26th section, an application may be 
 made at Chambers by the petitioner, before the expiration 
 of the time specified in such notice, that such committee 
 or guardians may notify that they either assent to or 
 dissent from such application, or submit their rights or 
 interests so far as they may be affected by such applica- 
 tion to be dealt with by the Court (x). 
 
 The summons under either of the two last mentioned 
 orders (6 and 7) must be served on the committee of the 
 lunatic, or the guardian appointed or proposed to be 
 appointed of such infant (y). 
 
 The evidence on such summons is, in the case of a 
 lunatic tenant in tail, the production of the authority of 
 the judges in lunacy to the committee to act, and if it 
 shall appear thereby that such judges think the committee 
 ought to apply or consent or give such notification, such 
 authority shall be sufficient evidence, unless the Court or 
 judge for any special reason require further evidence (z). 
 In the case of an infant tenant in tail, evidence is to be 
 produced to satisfy the judge that it is, and the guardian 
 is to make an affidavit that he believes that it is, proper 
 and consistent with a due regard for the interest of such 
 infant that such direction should be given (a). 
 
 Where a married woman shall apply to the Court, or Examination 
 
 ' A 
 
 consent to an application to the Court under this Act, women. 
 she shall first be examined, apart from her husband, 
 touching her knowledge of the nature and effect of the 
 application, and it shall be ascertained that she freely 
 desires to make or consent to such application ; and such 
 examination shall be made, whether the hereditaments 
 
 () Order, 7. (2) Order, 11. 
 
 (y) Order, 9. For forms of sum- (a) Order, 12. 
 mons, see post. 
 
 K 2
 
 132 
 
 SETTLED ESTATES ACT. 
 
 When taken. 
 
 When dis- 
 pensed with. 
 
 By whom 
 taken. 
 
 which are the subject of the application shall be settled 
 in trust for the separate use of such married woman, or 
 not ; and no clause or provision in any settlement restrain- 
 ing anticipation shall prevent the Court from exercising, if 
 it shall think fat, any of the powers given by the Act; and no 
 such exercise shall occasion any forfeiture, anything in the 
 settlement contained to the contrary notwithstanding (?>). 
 
 The examination may be taken at any time after the 
 petition is presented and answered (c). 
 
 Subject to such examination, married women may make 
 or consent to any application, whether they are of full age 
 or infants (o5). 
 
 Examination is necessary, though the interest is only a 
 jointure in the property (e). 
 
 The examination was allowed to be taken after the 
 order was drawn up, where it had been accidentally 
 omitted to be taken before ; the order being post-dated, 
 and the petition being ordered to be mentioned again (/). 
 
 Examination has been dispensed with where the wife's 
 interest was remote and sufficiently represented by the 
 trustees of her marriage settlement (</) ; and where she was 
 only contingently entitled to rent charges out of the 
 estate (h) ; and where she was resident abroad (i) ; and 
 where she had married since the presentation of the 
 petition (K). 
 
 The examination of a married woman, when resident 
 within the jurisdiction of the Court to which the applica- 
 tion is made, shall be made either by the Court or by 
 
 (b) Sect. 50. 
 
 (c) Order, 13. 
 
 (d) Sect. 52 ; re Broadwood, L. R. 
 7 Ch. 323. 
 
 (e) Re Turbut, 2 N. R. 487. 
 
 (/) Re Turbvit, 8 L. T. N. S. 
 657. 
 
 (g] Re Lord de Tabley, 11 W. R. 
 
 936. 
 
 (h) Re Earl of Kilmorey, 26 W. 
 R. 54. 
 
 (i) Re Tibbett, 17 W. R. 394 ; re 
 Thome, 20 W. R. 587 ; re Halli* 
 day, L. R. 12 Eq. 199. 
 
 (k) Re Marshall, L. R. 15 Eq. 
 66.
 
 SETTLED ESTATES ACT. 
 
 some solicitor appointed by the Court for that purpose. 
 If resident out of the jurisdiction, her examination may 
 be made by any person appointed for that purpose by the 
 Court, whether he is or is not a solicitor of the Court, and 
 the appointment of any such person not being a solicitor, 
 shall afford conclusive evidence that the married woman 
 was at the time of such examination resident out of the 
 jurisdiction (I). 
 
 When it is desired that a married woman resident 
 within the jurisdiction shall be examined otherwise than 
 by the Court, a solicitor, who is a perpetual commissioner 
 to take acknowledgments of deeds by married women, 
 may be appointed for that purpose by the Judge at 
 Chambers, without summons or order, upon the request of 
 the petitioner and a certificate of the solicitor for the 
 petitioner (m), that the person to be appointed is not a 
 solicitor for the petitioner, or for any party whose consent 
 to the application is required ; but where an examina- 
 tion by such solicitor will cause unreasonable expense, 
 delay, or inconvenience, or where the married woman is 
 resident out of the jurisdiction, an application by summons 
 may be made ex parte by the petitioner at Chambers to 
 appoint a solicitor, if such woman is resident within the 
 jurisdiction, and if not so resident, a person, whether a 
 solicitor or not, to take such examination (ri). 
 
 One examiner may take the examination of several or 
 of all the married women interested (o). 
 
 The solicitor appointed should be an independent 
 solicitor, and not the solicitor to the husband or any 
 
 (I) Sect. 51. nions, see App. to Orders, No. 8 ; 
 
 (m) For forms ol request and and post, 
 
 certificate, sec App. to Orders, No. 7 ; (o) App. to Orders, Nos. 7, 8, 
 
 mdpost. 10; and post. 
 
 (n) Order, 14. For fonn of sum-
 
 134 SETTLED ESTATES ACT. 
 
 party interested (p) ; but it seems that the husband's 
 solicitor may attest the signatures of the commissioner 
 and married women (<?). 
 
 Miscellaneous Provisions. 
 No obligation Nothing in this Act shall be construed to create any 
 
 to make or , . . ' 
 
 consent to obligation on any person to make or consent to any apph- 
 app ica ion. ca ^ on t o ^he Court or to exercise any power (r). 
 Exception of Nothing in this Act shall authorise any sale or lease 
 by*Act O c f reated beyond the term of twenty-one years of any settled 
 Parliament estates, in respect of which, under any Act of Parliament, 
 the tenants in tail are restrained from barring or defeating 
 their estates tail, or where the reversion is vested in the 
 Crown (s). 
 
 Form of order. Every order shall state, in addition to the names of the 
 petitioners, the names of the persons who concur or con- 
 sent, or to whom notice of the application has been given, 
 or who may have obtained leave to be heard in opposition 
 to or in support of the application, and whether any noti- 
 fication was received from the persons to whom notice 
 has been given, and if any has been received, the purport 
 thereof, and also the names of the persons if any, notice 
 to whom has been dispensed with, and whether the order 
 is made subject to any and what rights, estate, or interest 
 of any person whose consent has been refused, or who 
 shall not, or shall not be deemed to, have submitted his 
 rights or interests to be dealt with by the Court, or 
 whose rights or interests ought, in the opinion of the 
 Court, to be excepted (f). 
 
 (p) Re Maiison, 24 Beav. 220 ; (?) Sect. 53 ; re Eurlc, 2 H. & M. 
 
 re Brealey, 5 W. B. 613 ; reNoyes, 196. 
 
 6 W. K. 7. () Sect. 55. 
 
 (q) Re Lewis, 24 "W. E. 103 ; but (t) Order, 24, and see Order, 23 ; 
 
 see re Bcndyslie, 3 Jur. N. S. 727 ; Seton, 1474, ct scq. 
 5 W. E. 816.
 
 SETTLED ESTATES ACT. 135 
 
 The rules, 1, 2, 3, and 6 of Order LVII. (as to time) in Time, 
 the schedule to the Supreme Court of Judicature Act, 
 1875, shall be applicable to all proceedings under the 
 Act (u). 
 
 The forms in the Appendix to the Orders shall be Forms shall be 
 
 . . adhered to. 
 
 adhered to, subject only to such variations as may be 
 
 necessary to meet the circumstances of the case or direc- 
 tion of the Court (#). 
 
 In all cases not provided for by the Act or the Orders, Existing pro- 
 the existing forms and mode of procedure, and general followed when 
 practice of the Court on similar proceedings, shall apply to "h/j^ 1011 m 
 proceedings under the Act (y). 
 
 The Judge in person sitting in Court or in Chambers, Court may 
 
 1 e L-J.- -u i j j- dispense with 
 
 in the case of any petition, may, by special order, dispense Orders, 
 with all or any of the Orders so far as they are applicable 
 to such petition in any case in which he shall think fit, 
 and upon such terms and conditions (if any) as he may 
 deem proper (s). 
 
 (u) Order, 26. (y) Order, 28. 
 
 (a) Order, 27. (z) Order, 32.
 
 CHAPTER XI. 
 
 Court may 
 
 authorise 
 
 surrender. 
 
 Court may 
 
 authorise 
 
 renewal. 
 
 PROPERTY LAW AMENDMENT ACT. 
 
 WHERE an infant or married woman is or shall become 
 entitled to any lease for a life or lives, or for any term of 
 years, either absolute or determinable upon death, or 
 otherwise, it shall be lawful for such infant, or for his or 
 her guardian, or other person on his behalf, and for such 
 married woman, or any person on her behalf, to apply by 
 petition or motion, or (if the infant is a ward of Court, 
 or the administration of his estate, or his maintenance, is 
 under the direction of the Court) by summons ; and the 
 Court may thereupon authorise the surrender of such 
 lease, and the taking of a new lease (a). 
 
 Where an infant or married woman might, if not under 
 disability, be compelled to renew any lease, it shall be 
 lawful for such infant, or his guardian in the name of 
 such infant, or such married woman, by the direction of 
 the Chancery Division, to be signified by an order to be 
 made on petition of such infant or guardian, or of such 
 married woman, or of any person entitled to such renewal, 
 or upon summons, if such infant is a ward of Court, or 
 the administration of his estate, or his maintenance, is 
 under the direction of the Court, from time to time to 
 
 (a) 11 Geo. IV. & 1 Will. IV. c. (5) ; Seton, 744 ; Daniell, 1917 ; 
 65, s. 12 ; Cons. Ord. XXXV., 1 Simpson, 334.
 
 PROPERTY LAW AMENDMENT ACT. 137 
 
 accept a surrender of such lease, and to make a new lease, 
 as the Court shall direct (6). 
 
 Where an infant is, or shall be seised or possessed of, Court may 
 or entitled to any land in fee or in tail, or to any lease- i eases by 
 hold land for an absolute interest, and it shall appear to infant - 
 the Court to be for the benefit of such infant that a lease 
 or under-lease should be made of such estates for terms 
 of years, for encouraging the erection of buildings thereon, 
 or for repairing buildings actually being thereon, or the 
 working of mines, or otherwise improving the same, or 
 for farming, or other purposes, it shall be lawful for such 
 infant, or his guardian in the name of such infant, by 
 the direction of the Chancery Division, to be signified by 
 an order to be made upon the petition of such infant, or 
 his guardian, or upon application by summons, if such 
 infant is a ward of Court, or the administration of his 
 estate, or his 'maintenance is under the direction of the 
 Court, to make such lease of the lands of such persons 
 respectively, or any part thereof, according to his or her 
 interest therein respectively, and to the nature of the 
 tenure of such estates respectively, for such term or terms 
 of years, and subject to such rents and covenants as 
 the Court shall direct ; but in no case shall any fine or 
 premium be taken, and in every case the best rent shall 
 be reserved ; and the lease shall be settled by the Judge ; 
 and a counterpart shall be executed by the lessee, and 
 shall be deposited in /the Central Office, until the infant 
 shall attain twenty-one. Provided, that no lease shall be 
 made of the mansion-house and grounds for any period 
 exceeding the minority of such infant (c). 
 
 The Court is only empowered to direct a lease of land, 
 
 (J) 11 Geo. IV. & 1 Will. IV. c. (c) 11 Geo. IV. & 1 Will. IV. c. 
 65, s. 16 ; Cons. Ord. XXXV., 1, 65, s. 17. As to the Central Office, 
 (5). see R. S. C. Dec. 1879.
 
 138 
 
 PROPERTY LAW AMENDMENT ACT. 
 
 in which the infant is entitled to an indefeasible estate 
 in possession (d) ; but leases have been granted, where the 
 applicants between them were entitled to the whole fee, 
 although there was no person in existence entitled to 
 an indefeasible estate in possession (e) ; and building 
 leases have been sanctioned, where the infant was seised in 
 fee simple in reversion after a life estate by the curtesy 
 vested in his father (/). 
 
 A conditional contract should ordinarily be entered into 
 before the application is made. Where the application 
 is made by petition, the Court will, if satisfied that the 
 proposed lease is for the infant's benefit, make an order 
 at the hearing, directing the conditional contract to be 
 carried into effect, and a lease to be settled in conformity 
 therewith. If the Court is not satisfied, an inquiry 
 may be directed, or the petition may be adjourned into 
 Chambers, and the order approving the lease made 
 there (g). 
 
 Court may Where any person who might, if within the jurisdiction, 
 
 newa"where ^ e compelled to renew any lease, shall not be within the 
 
 lessor 'is out of jurisdiction, the Court may, upon the petition of any 
 
 person entitled to such renewal, whether under disability 
 
 or not, direct such person as the Court shall appoint to 
 
 surrender the subsisting, and execute a new lease in the 
 
 name of the person who ought to have renewed (h). 
 
 Upon any renewal under the Act fines are to be paid, 
 and counterparts executed (i). 
 
 The guardian of any infant, with the approbation of 
 the Chancery Division, to be obtained on petition of such 
 
 ' (d) Re Evans, 2 M. & K. 318 ; (h) 11 Geo. IV. & 1 Will. IV. c. 
 
 exp. Legh, 15 Sim. 445. 65, s. 18 ; and see 1 & 2 Viet. c. 
 
 (e) Re Clark, L. R. 1 Ch. 292. 62. 
 
 (/) Re Letchford, 2 Ch. D. 719 ; ^ i -\yill. jy. c . 65, s. 20. As 
 
 re Spencer, W. N. (1867), 268. to the application of the fines, see 
 
 (g) Daniell, 1920. s . 21.
 
 PfiOPEKTy LAW AMENDMENT ACT. 139 
 
 guardian, may enter into any agreement on behalf of 
 such infant which such guardian might have entered into 
 by virtue of 1 Geo. I. c. 10, s. 9 (j). 
 
 The Court may, upon the petition of the guardian of Maintenance, 
 any infant, in whose name any stock is 'standing, order 
 the whole, or any part of the dividends of such stock to 
 be paid to the guardian, or to any other person for the 
 maintenance of such infant (k). 
 
 (j) 1 Will. IV. c. 65, ss. 25, 26. (k) 1 Wm. IV. c. 65, s. 32 ; 
 
 The Act referred to sanctioned Seton, 733 ; re Pongerard, 1 De G. & 
 
 certain agreements for the aug- S. 426 ; re Westwood, 6 N. R. 316 ; 
 
 mentation of small livings. Gardner v. Cowles, 3 Ch. D. 304.
 
 CHAPTER XII. 
 
 CONFIRMATION OF SALES. 
 
 Confirmation EVERY trustee and other person authorised to dispose 
 1862. Ci C ' f l an d by way of sale, exchange, partition, or enfran- 
 Saie of surface c hisement, may. unless forbidden by the instrument 
 
 and minerals * ' J 
 
 separately. creating the trust or power, so dispose of such land, with 
 an exception or reservation of any minerals, and with or 
 without rights and powers incidental to the working, 
 getting, or carrying away of such minerals ; or may 
 (unless forbidden as aforesaid) dispose of, by way of sale, 
 exchange, or partition, the minerals, with or without such 
 rights or powers, separately from the residue of the land ; 
 and in either case, without prejudice to any future exer- 
 cise of the authority with respect to the excepted minerals, 
 
 With sanction or (as the case may be) the undisposed-of land ; but the 
 Act does not enable any such disposition, without the 
 previous sanction of the Court of Chancery, to be obtained 
 on petition, in a summary way, of the trustee or other 
 person authorised as aforesaid, which sanction once 
 obtained, shall extend to the enabling from time to time 
 of any disposition within this enactment of any part or 
 parts of the land comprised in the order to be made on 
 such petition, without the necessity of any further or other 
 application to the Court (a). 
 
 (a) 25 & 26 Viet. c. 108, s. 2 ; cf. Settled Estates Act, ante, p. 108. 
 Seton, 1259; Darnell, 1967; and For form of petition, see post.
 
 CONFIRMATION OF SALES. 141 
 
 Mortgagees are within the Act, and may have liberty Mortgagees 
 
 within the 
 
 to sell, under their power of sale, with a reservation of Act. 
 minerals (6) ; and such liberty has been given, where the 
 mortgagees had filed a bill for foreclosure, and the cause 
 had been set down for hearing, and though the petition 
 was not instituted in the cause, but only in the matter of 
 the Act (c). 
 
 The Court has power under the Act to authorise dis- General 
 positions generally, without reference, to any particular be^ven?^ 
 sale (d). 
 
 The cestnis que trust ought to be made parties to the Parties. 
 petition (e) ; but it is not necessary to serve beneficiaries Service. 
 entitled in remainder (/) ; and where the application is 
 made by a mortgagee, the petition need not be served on 
 any subsequent incumbrancers (</), nor, it seems, on the 
 mortgagor (/i). 
 
 Where, under a power of sale, a bond fide sale shall be Lord St. t 
 
 made of an estate with the timber thereon, or any other 
 
 articles attached thereto, and the tenant for life, or any Petition to 
 other party to the transaction, shall by mistake, be w h ere timber- 
 allowed to receive for his own benefit a portion of the 
 purchase money as the value of the timber or other 
 articles, the Court may, upon an application in a summary 
 way, declare that upon payment by the purchaser, or the 
 claimant under him, of the full value of the timber and 
 articles at the time of sale, with interest, as the Court 
 directs, and the settlement of the said moneys and interest 
 
 (b) He Beaumont, L. R. 12 Eq. (/) He Pryse, L. R. 10 Eq. 531 ; 
 86. re Powell, W. N. (1874), 221 ; re 
 
 (c) Re Wilkinson, L. R. 13 Eq. Nagle, 6 Ch. D. 104. 
 
 634. (g) Re Beaumont, L. R. 12 Eq. 
 
 (d) Re Willway, 32 L. J. Ch. 86. 
 
 226 ; re Wynn, L. R. 16 Eq. 237. (h) Re Wilkinson, L. R. 13 Eq. 
 
 () Re Palmer, L. R. 13 Eq. 634. 
 408 ; re Brown, 9 Jur. N. S. 349.
 
 142 CONFIRMATION OF SALES. 
 
 under the direction of the Court upon the parties entitled 
 thereto, the sale ought to be established : and upon such 
 payment and settlement being made, the Court may 
 declare that the sale is valid, and thereupon the legal 
 estate shall vest as if the power had been duly exercised ; 
 and the costs of the application as between solicitor and 
 client shall be paid by the purchaser (i). 
 
 (i) 22 & 23 Viet. c. 35, s. 13 ; see Daniell's Forms, 2278. 
 Lewin, 396. For form of petition,
 
 CHAPTER XIII. 
 
 LAND TAX REDEMPTION ACTS. 
 
 UPON the application by petition of the person bene- Timber, 
 ficially interested in the rents and profits of a settled 
 estate, but who is restricted from cutting timber, the 
 Chancery Division may direct that timber shall be cut 
 down, and the produce applied in discharge of the land 
 tax affecting the estate (a). 
 
 Any person or persons (not being bodies politic, or cor- Enfranchise- 
 porate, or companies, or trustees for charitable or public 
 purposes, and not holding under a grant from the Crown 
 or any Act of Parliament by which an interest is reserved 
 to the Crown) entitled to any manors in England of which 
 any copyhold or customary estates shall be holden, may, 
 with the approbation of the Court, to be signified by an 
 order on petition, enfranchise such copyhold or customary 
 estates (6). 
 
 When part of an estate subject to any trusts or encum- Land tax. 
 brances is proposed to be sold for redeeming the land tax 
 thereon, the Court may order such part to be conveyed to 
 the purchaser, discharged from the incumbrances affecting 
 the whole of'the estate, upon being satisfied that the part 
 of the estate proposed to be left unsold is a sufficient 
 
 (a) 42 Geo. III. c. 116, B. 67 ; (b) 42 Geo. III. c. 116, s. 60. 
 and see 16 & 17 Viet. c. 117.
 
 144 LAND TAX REDEMPTION ACTS. 
 
 security for the performance of the trusts or payment of 
 the incumbrances (c). 
 
 When part of an estate is proposed to be sold or mort- 
 gaged for the purpose of redeeming the land tax, the 
 persons interested in remainder or reversion, or their 
 guardians, committees, or trustees, may, if they conceive 
 themselves aggrieved, apply by petition to the Court; 
 and the Court may order the sale or mortgage to be 
 suspended or to be proceeded with under the directions 
 of the Court (d). 
 
 Where under the powers of the Act, the reversion 
 has been bought by the persons beneficially entitled to 
 the rents and profits, and difficulty has arisen as to the 
 mode of settling it, the Land Tax Commissioners may 
 direct an application by petition to the Court for its 
 directions on the subject (e). 
 
 Application Where more stock has been bought than is required to 
 mone US redeem the land tax on any estate, and the amount of 
 the surplus exceeds 200, it is to be transferred to the 
 Chancery Paymaster ; and may, by an order of the Court 
 made upon petition, be directed to be applied in the 
 discharge of any debts affecting the lands in respect of 
 which the land tax was redeemed, or in the purchase 
 of other lands to be settled to the same uses ; and in 
 the meantime the dividends are to be paid to the per- 
 sons entitled to the rents and profits of the land (/). 
 
 Where part of the glebe land of. a vicarage had been 
 sold, it was held that the surplus moneys could not be 
 applied towards repairs and improvements of the vicar- 
 age house (g). 
 
 (c) 42 Geo. III. c. 116, s. 58. (/) Ibid., s. 100. 
 
 (d) Ibid., s. 97. (g) Me Nether Stowey Vicarage, 
 (e} Ibid., s. 85. L. B. 17 Eq. 156.
 
 LAND TAX REDEMPTION ACTS. 145 
 
 Where the consideration for any redemption of the land 
 tax exceeds 500 stock, any person aggrieved by the 
 decision of the Land Tax Commissioners, may apply by 
 petition, and the Court may grant such relief as it thinks 
 fit (K). 
 
 (h) 42 Geo. III. c. 116, s. 197.
 
 CHAPTER XIV. 
 
 Where pro- 
 tector of 
 settlement is 
 lunatic. 
 
 Court may 
 consent. 
 
 Title of 
 petition. 
 
 FINES AND RECOVERIES ABOLITION ACT. 
 
 WHEN the protector of a settlement is a lunatic or of 
 unsound mind, the Lord Chancellor, or other person 
 entrusted with the care of lunatics, shall be protector ; 
 and where the protector shall be convicted of treason or 
 felony, or shall be an infant, or his existence cannot be 
 ascertained, or where there is no protector, the Chancery 
 Division shall be the protector (a). 
 
 When the Lord Chancellor or other person entrusted 
 as aforesaid, or the Chancery Division is the protector of 
 a settlement, he or the Chancery Division, as the case may 
 be, is empowered, on the motion or petition of the tenant 
 in tail under the settlement, to consent to a disposition 
 under the Act by such tenant in tail, and to make such 
 order in the matter as shall be thought necessary; but if 
 any other person shall be joint protector, the consent of 
 such person must also be obtained (6). 
 
 The application appears to be invariably made by peti- 
 tion, which should be intituled in the matter of the pro- 
 tector, and in the matter of the Act ; and, when presented 
 in an action, in such action also (c). 
 
 (a) 3 & 4 Win. IV. c. 74, s. 33 ; 
 Seton, 1282. 
 
 (b) Ibid., s. 48. For form of 
 petition, see re Gravenor, 1 De G. 
 & S. 700. 
 
 (c) Daniell, 1924 ; and see re 
 Blewitt, 6 D. M. & G. 187, 195; 
 re Gravenor, 1 De G. & S. 700, as 
 to service.
 
 FINES AND RECOVERIES ABOLITION ACT. 147 
 
 Under the provisions of the Act, the Lord Chancellor Cases within 
 
 . ,.- . . the Act. 
 
 is the protector where the tenant for life is resident in 
 
 Ireland, and has been found a lunatic there (d) ; and 
 where the tenant in tail in possession is a lunatic, the 
 Court can consent to the first tenant in tail in remainder 
 barring the subsequent entails (e). The Court of Chancery 
 became protector upon the conviction for felony of the 
 husband of a tenant for life (/). 
 
 In giving or withholding its consent, the Court will Where the 
 
 Court will 
 
 look to the interests of the family ; and its aim will be consent. 
 rather to protect the objects of the settlement, than to 
 give any benefit to one member of the family to the 
 exclusion of the others (g). It will therefore consent 
 where the intention is to provide for the family of the 
 lunatic (Ji) ; but it will decline to do so, where the appli- 
 cation is not for the benefit of the lunatic's estate (i) ; or 
 when it will benefit one member at the expense of the 
 others (k). 
 
 (d} Re Graydon, 1 Mac. & G. 116 ; re Gravcnor, 1 De G. & S. 
 
 655. 700. 
 
 (e) Re Blevntt, 6 D. M. & G. (h) Grant v. Yea, 3 M. & K. 
 
 187 ; re Wood, 3 M. &. C. 266. 245. 
 
 (/) Re WainewrigU, 1 Ph. 258 ; (i) Re Tharp, 3 Ch. D. 59. 
 but see now 33 & 34 Viet. c. 23 ; (k) Re Blewitt, 3 M. & K. 250 ; 
 
 Seton, 1282. but see S. C. 6 D. M. & G. 187. 
 
 (g) Re Newman, 2 M. & C. 112,
 
 CHAPTER XV. 
 
 Actual de- 
 livery. 
 
 Equitable 
 execution. 
 
 JUDGMENT DEBTORS ACT, 1864. 
 
 EVERY creditor to whom any land shall have been 
 actually delivered in execution by virtue of a writ of 
 elegit or other lawful authority in pursuance of a judg- 
 ment (a), statute, or recognizance, and whose writ or other 
 process of execution shall be duly registered, shall be 
 entitled, while such registry continues in force, to obtain 
 from the Court, upon petition, an order for sale of his 
 debtor's interest in such land ; and every such petition 
 may be served upon the debtor only, and the Court shall 
 direct all necessary and proper inquiries as to the debtor's 
 interest and his title thereto (6). 
 
 The return of the sheriff to an elegit constitutes actual 
 delivery (c) ; but there may also be equitable execution ; 
 and land may be actually delivered by a writ of seques- 
 tration (d), or by the appointment of a receiver (e). 
 
 But unless such equitable execution has taken place, a 
 judgment creditor cannot apply for a sale under sect. 4, 
 
 (a) "Judgment" includes regis- 
 tered decrees, orders of Courts of 
 Equity and Bankruptcy, and other 
 orders having the operation of a 
 judgment; 27 & 28 Viet. c. 112, 
 s. 2. 
 
 (b) 27 & 28 Viet. c. 112, s. 4. 
 As to appearance by the debtor, see 
 Kidd v. Tallentire, W. N. (1877), 
 21. 
 
 (c) Champneys v. Burland, 19 
 W. R. 148. 
 
 (d) Rt Rush, L. E. 10 Eq. 442 ; 
 but see Johnson v. Burgess, L. R. 
 15 Eq. 398. 
 
 (e) Hatton v. Haywood, L. R. 
 9 Ch. 229; Kidd v. Tallentire, 
 W. N. (1877), 21 ; and see Anglo- 
 Italian Bank v. Davies, 9 Ch. D. 
 275.
 
 JUDGMENT DEBTORS ACT. 149 
 
 where the interest of the debtor is an equity of redemp- 
 tion (/), or other merely equitable interest (g), or is an 
 interest in remainder (fi), or has been already extended 
 and delivered under a prior elegit('i). 
 
 Equitable execution may be obtained without redeem- 
 ing prior incumbrances (k). 
 
 In a suit to obtain a declaration that the judgment is a 
 charge on the land, a sale may be ordered without pro- 
 ceeding by petition under the Act (k). 
 
 The surplus lands of a railway company may be ordered Surplus lands 
 to be sold under this section (I). The Court, however, will 
 not generally direct an immediate sale, but will ooly direct 
 inquiries (m) ; or will direct inquiries, and a sale after 
 certificate (ri) ; but an immediate order for sale has been 
 made without an inquiry (o). 
 
 If it shall appear on making such inquiries that any Other charges. 
 other debt due on any judgment, statute, or recognizance, 
 is a charge on such land, the creditor entitled to the 
 benefit of such charge (whether prior or subsequent to the 
 charge of the petitioner) is to be served with notice of the 
 order for sale, and after such notice is to be bound thereby, 
 and is to be at liberty to attend the proceedings under the 
 
 (/) Thornton v. Finch, 4 Giff. Eq. 298 ; Beckett v. Buckley, L. B. 
 
 515 ; Lyster v. Dolland, 1 Ves. jun. 17 Eq. 435. 
 
 431 ; Plunket v. Pearson, 2 Atk. (I) Re Ogilme, L. E. 7 Ch. 174. 
 
 290 ; Kidd v. Tallentire, W. N. (TO) Re Bishop's Waltham Ely. 
 
 (1877), 21. Coy., L. E. 2 Ch. 382 ; re Tewkes- 
 
 (g) Re Duke of Newcastle, L. E, bury Ely. Coy., "W. K (1873), 12 ; 
 
 8 Eq. 700 ; Tillett v. Pearson, 22 and for form of order, see Gardner 
 
 W. E. 209. v. London, &c., L. E. 2 Ch. 385. 
 
 (h) Re South, L. E. 9 Ch. 369. (n) Re Hull & Hornsea Rly. 
 
 (i) Re Cowbridge Ry. Co., L. E. Coy., L. E. 2 Eq. 262; Howsonv. 
 
 5 Eq. 413. Priority is determined Trant, 21 W. E. 781. 
 
 by the date at which the writ is put (o) Re Calne Rly. Coy., L. E. 9 
 
 into the hands of the sheriff ; Guest Eq. 658 ; but see re Tewkcslury 
 
 v. Cowbridge, L. B. 6 Eq. 619. Rly. Coy., W. N. (1873), 12. 
 
 (k) Wells v. Kilpin, L. E. 18
 
 150 JUDGMENT DEBTORS ACT. 
 
 same, and to have the benefit thereof; and the proceeds 
 of such sale are to be distributed among the persons who 
 may be found entitled thereto according to their respective 
 priorities (p). 
 
 Person claim- Every person claiming any interest in the land, through 
 the debtor. or un der the debtor, by any means subsequent to the 
 delivery of such land in execution is bound by the order 
 for sale and the proceedings consequent thereon (q). 
 Costs. The petitioner, if successful, is generally allowed to add 
 
 his costs to his debt (r). 
 
 (p) 27 & 28 Viet. c. 112, s. 5. Coy., L. R. 2 Eq. 262; re Calne 
 
 For remarks on this section see Rly. Coy., L. R. 9 Eq. 659. For 
 
 Hatton v. Haywood, L. K. 9 Ch. other orders as to costs, see John- 
 
 229. son v. Burgess, L. R. 15 Eq. 398 ; 
 
 (q) 27 & 28 Viet. c. 112, s. 6. Kidd v. Tallentire, W. N. (1877), 
 
 (r) Re Hull <L- Hornsea Ely. 21 ; re South, L. R. 9 Ch. 369.
 
 CHAPTER XVI. 
 
 ECCLESIASTICAL LEASES. 
 
 WHERE an ecclesiastical lease is vested in trustees, they Purchase of 
 may, with the consent of the person entitled, raise a sum re 
 out of any moneys or securities similarly settled, and in 
 other cases they may, with the sanction of the Court to 
 be obtained on petition, raise money out of any property 
 similarly settled, for the purpose of purchasing the rever- 
 sion of the property (a). 
 
 Where such a lease is vested in trustees, who have no Sale of lease. 
 power of sale, they may, with the consent in writing of 
 the person beneficially entitled, or if there is no person 
 capable of giving such consent, or such consent is withheld, 
 then, with the sanction of the Court to be obtained on 
 petition, sell all or any part of such property ; and the 
 purchase money is to be paid to the trustees, and invested, 
 and held by them upon the same trusts, as far as circum- 
 stances will admit, as the leasehold property if not sold 
 would have been subject to; and such investment may, 
 with the sanction of the Court, be made in the purchase 
 of other leasehold estates, whether held under any eccle- 
 siastical corporation or not (6). 
 
 Where there is no absolute paramount trust for renewal, 
 the Court will refuse to sanction, to the prejudice of the 
 
 (a) 23 & 24 Viet. c. 124, ss. 36, See re Cltcshirc, L. R. 7 Ch. 50 : 
 37 ; re Adams, 17 W. E. 582. where the tenant for life was of un- 
 
 (/>) 23 & 24 Viet. c. 124, s. 38. sound mind, not so found.
 
 152 ECCLESIASTICAL LEASES. 
 
 tenant for life, whose income would be thereby diminished, 
 an agreement for the purchase of the reversion of lease- 
 holds, which cannot be renewed, and will give him the 
 accumulated fund (c). 
 
 But where there is a predominant trust for renewal, 
 showing a paramount intention on the part of the testator 
 that the remaindermen should succeed to the enjoyment 
 of the corpus, the Court will only give the tenant for life 
 the income of the invested purchase money and of the 
 renewal fund (d). 
 
 (c) Hayward v. Pile, L. E. 5 Ch. 327 ; Hollier v. Burne, L. B. 16 
 214; Morres v. Hodges, 27 Beav. Eq. 163; 're Wood, L. E. 10 Eq. 
 625 ; Richardsonv. Moore, 6 Madd. 572 ; Seton, 1273 ; and see Lands 
 83. - Clauses Act, s. 74, ante, p. 74. 
 
 (d) Maddy v. Hale, 3 Ch. D.
 
 CHAPTER XVII. 
 
 WINDING-UP PETITIONS. 
 
 AN application to wind up a company either by the 
 Court or subject to the supervision of the Court is made 
 to the Chancery Division by petition (a). The application 
 may be made on several grounds ; but it is not imperative 
 on the Court to make an order (b) ; and, having regard to 
 the wishes of creditors and contributories, it may refuse 
 the application. It is necessary therefore in presenting a 
 petition to consider not only whether the petitioner has 
 good ground for making the application, but also whether 
 the opposition of creditors or contributories is likely to be 
 such as to override the petitioner's right to an order (c). 
 
 Grounds for presenting Petition. 
 
 A winding-up order may be made whenever a company Special reso- 
 has passed a special resolution requiring the company to 
 be wound up by the Court (d). 
 
 The Act also provides that a company may be ordered Not commenc, 
 
 , j i -.1 -. i ing business. 
 
 to be wound up whenever it does not commence its busi- 
 ness within a year from its incorporation, or suspends its 
 business for the space of a whole year (e). But this is 
 
 (a) Companies Act, 1862, s. 82. decided under these sections, see 
 
 (b) European Life Ass., L. R. Buckley, 207, 272. 
 
 9 Eq. 122. (d) Companies Act, 1862, s. 79. 
 
 (c) Companies Act, 1862, as. 91, () Ibid. 
 1 49. For a summary of the cases
 
 154 COMPANIES ACTS, 1862, 1867. 
 
 only a ground for making a winding-up order where there 
 seems to be no intention of carrying on business, and 
 where the delay cannot be satisfactorily accounted for (/). 
 Thus where a company, established more than two years, 
 had not commenced business, but had taken steps to carry 
 out the objects of the company, and nine-tenths of the 
 shareholders opposed the petition, an order was refused ((/). 
 But where the Court is satisfied that the business never 
 will be commenced, an order will not be refused, though 
 the company has never received any money and has no 
 debts (7t) ; and where a company has never done any busi- 
 ness, and a majority of the shareholders unreasonably 
 refuse to pass resolutions for voluntarily winding up, an 
 order will be made (i). Where there are other grounds 
 for winding up a company, an order may be made, not- 
 withstanding the year has not expired (&) ; but a strong 
 case must be shown (I). 
 
 It is not ceasing to carry on business for a company to 
 abandon one of several purposes for which it was estab- 
 lished, provided such abandoned purpose was not the 
 principal purpose and object of the company (m). Nor 
 will a company which has amalgamated with another be 
 wound up on the ground that it has ceased to carry on 
 business (n). 
 
 (f) Metropolitan Ely. Ware- (k) London & County Coal Co., 
 housing Coy., 15 "W. R. 1121. L. E. 3 Eq. 355. 
 
 (g) Petersburg Gas Co., W. K (1) Hop & Malt Co., W. N. 
 (1874), 196 ; but see Middlesborough (1866), 222; Langlmm Skating 
 Assembly Rooms Co., W. N. (1879), Rink Co., 5 Ch. D. 669, 685. 
 
 162. (m) Norwegian Iron Co., 35 Beav. 
 
 (K) Tumacacori Mining Co., L.R. 223; Patent Bread Co., 14 W. R. 
 
 17 Eq. 534; but see New Gas 787 ; New Gas Co., 5 Ch. D. 703 ; 
 
 Generator Co., 4 Ch. D. 874. but see Langham Skating Rink, 
 
 (i) Tumacacori Mining Co., supra; 5 Ch. D. 669. 
 
 and see Princess of Reuss v. Bos, (n) National Financial Corp., 14 
 
 L. R. 5 H. L. 176 ; Middlesborough W. R. 907 ; and see Anglo-Austra- 
 
 Asscmbly Rooms Co., W. K (1879), lian Ass. Co., 1 Dr. & S. 113. 
 162.
 
 WINDING -UP PETITIONS. 155 
 
 A company may be wound up whenever its members ^ s3 than 
 
 . seven share- 
 
 are reduced in number to less than seven (o). But this is holders. 
 not in itself a sufficient reason for winding up a com- 
 pany (p). On the contrary, the Court will not make a 
 winding-up order where there are very few shareholders, 
 and where there is no difficulty in winding up the com- 
 pany out of Court (q). But where there is a suspicion of 
 fraud (r), or an overwhelming influence of one of the 
 shareholders (s) ; or a difficulty in making a final disposi- 
 tion of the assets (t], the Court will make an order. 
 
 A company may be wound up whenever it is unable to Unable to pay 
 
 . , , , , , . debts. 
 
 pay its debts (u). 
 
 A company is deemed unable to pay its debts whenever 
 a creditor, by assignment or otherwise, in a sum exceeding 
 50 then due, has left, at the registered office, a demand 
 under his hand for payment of his debt, and the company 
 has for three weeks from such demand neglected to pay, 
 secure, or compound for such debt to the reasonable satis- 
 faction of such creditor (x). But this section does not 
 apply where there is a bond fide dispute as to the amount 
 of the debt, though it be admitted to exceed 50 (y}. A 
 winding-up order is not however bad because founded on 
 a demand which turns out afterwards to be excessive (0). 
 Where there is no registered office, the demand may be 
 
 (o) Companies Act, 1862, s. 79. N. (1875), 168. 
 
 (p) Buckley, 170. (u) Companies Act, 1862, s. 79. 
 
 (q) Sea & River Co., L. R. 2 (x) Ibid., a. 80; and see post, 
 
 Eq. 545 ; Natal Co., 1 H. & M. p. 166. 
 
 639 ; but see Sanderson's Patents, (y) Brighton Club Co., 35 Beav. 
 
 L. R. 12 Eq. 188. 204 ; and see Catholic Publishing 
 
 (r) New Gas Generator Co., 4 Ch. Co., 2 D. J. & S. 116 ; London <k 
 
 D. 874; London <k County Coal Co., Paris Bonking Corp., L. R. 19 
 
 L. R. 3 Eq. 355. Eq. 444 ; Brown v. Kceble, W. N. 
 
 (s) West Surrey Tanning Co., (1879), 173 ; Buckley, 168. 
 L. R. 2 Eq. 737. (2) Card^T Coal Co. v. Norton, 
 
 (t) Anglo-Mexican Mint Co., W. L. R. 2 Ch. 405, 410.
 
 156 COMPANIES ACTS, 1862, 1867. 
 
 left at the unregistered office (a). The petition must not 
 be presented until the twenty-one days have expired (6). 
 
 In considering the solvency of a company, the Court 
 will take no account of future liabilities or profits (c), 
 unless the company is a life assurance company (d). 
 
 A company will be deemed unable to pay its debts 
 whenever execution or other process, issued on a judg- 
 ment, decree, or order, obtained in any Court in favour 
 of any creditor, in any proceeding instituted by such 
 creditor against the company, is returned unsatisfied in 
 whole or in part (e). 
 
 A company will also be deemed unable to pay its debts 
 whenever it is shown to the satisfaction of the Court that 
 such is the case (/). Thus, a company will be deemed 
 unable to pay its debts when its acceptance is dis- 
 honoured (g) ; and when a judgment creditor is told by 
 the company that they have no assets on which he can 
 levy (K). 
 
 Creditor's A creditor, as between himself and the company, is 
 
 petition. entitled, ex debito justitice, to a winding-up order, pro- 
 vided he brings his case within the Act (i), and provided 
 his debt is not disputed (&). His debt need not exceed 
 50 if he show his right to an order on some ground 
 
 (a) British & Foreign Gas Co., 337. 
 
 13 W. E. 649. (h) Flagstaff Co., L. E. 20 Eq. 
 
 (6) Buckley, 174. 268. 
 
 (c) European Life Ass. Soc., L. (i) Re London Suburban BJc., 
 E. 9 Eq. 122. L. E, 6 Ch. 641, 643 ; Western 
 
 (d) Life Assurance Companies Canada Oil Co., L. E. 17 Eq. 1 ; 
 Act, 1870 (33 & 34 Viet. c. 61) and see post, p. 166. 
 
 s. 21. (k) Buckley, 168. The Court 
 
 (e) Companies Act, 1862, s. 80 ; will restrain the presentation of a 
 and see re Flagstaff Co., L. E. 20 petition, the object of which is to 
 Eq. 268. coerce the payment of a disputed 
 
 (/) Companies Act, 1862, s. 80 debt, Brown v. Keeble, W. N. 
 (4). (1879), 173. 
 
 (g) Globe Steel Co., L. E. 20 Eq.
 
 WINDING-HP PETITIONS. 157 
 
 other than non-payment after the statutory demand (I). 
 But the wishes of the majority of the creditors must be 
 regarded, and as between them and the petitioning credi- 
 tor he is not entitled, ex debito justitice, to a compulsory 
 order (m). In compliance, therefore, with such wishes a 
 supervision order will be made (?i), or when the company 
 is in voluntary liquidation an order will be refused (o) 
 The Court may also have regard to the wishes of a large 
 majority of shareholders, and instead of making an imme- 
 diate order, may direct the petition to stand over, if there 
 is reason to believe that the debts will be paid or an 
 arrangement will be come to (p). A creditor, moreover, 
 is only entitled to an order where there is a reasonable 
 chance of his getting paid by it. If, therefore, the assets 
 are already charged in favour of debenture holders in 
 excess of their value an order will be refused (q). 
 
 In determining whether a life assurance company is 
 insolvent the Court will take into account its contingent 
 or prospective liability under policies, or annuity, or other 
 existing contracts (r). 
 
 A winding-up order may be made whenever the Court j us t and 
 is of opinion that it is just and equitable that the com- e< i ultahle - 
 pany should be wound up (s). This clause does not give 
 the Court a loose discretion (t}, but must be read with 
 
 (I) Buckley, 177. 10 Ch. 470; Brighton Hotel Co., 
 
 (TO) West Hartlepool Co., L. R. L. R. 6 Eq. 339 ; Western Canada 
 
 10 Ch. 618 ; Lonsdale Vale Co., 16 Oil Co.; L. R. 17 Eq. 1 ; but see 
 \V. R. 601 ; Uruguay Ely. Co., Home Ass. Co., L. R. 12 Eq. 112 ; 
 
 11 Ch. D. 372 ; Horbvry Bridge International Contract Co., 14 L. T. 
 Coal Co., W. N. (1879), 51. N. S. 726. 
 
 (n) West Hartlepool Co., L. R. (q) St. Thomas' Dock Co., 2 Ch. 
 
 10 Ch. 618. D. 116 ; Uruguay Ely. Co., 11 
 
 (o) Langley Mill Co., L. R. 12 Ch. 1). 372. 
 Eq. 26 ; Universal Drug Ass., 22 (r) Post, p. 165. 
 \V. R. 675 ; Horbury Bridge Coal (s) Companies Act, 1862, s. 79. 
 Co., W. N. (1879), 51. (t) Suburban Hotel Co., L. R. 2 
 
 (p) City & County Bank, L. R. Ch. 737 ; Joint Stock Coal Co., L.
 
 158 COMPANIES ACTS, 1862, 1867. 
 
 reference to matters ejusdem generis as those in the 
 previous clauses (u). It does, however, give the Court 
 power to wind up in cases not before mentioned, where a 
 strong case is made (x). Thus, it is "just and equitable " 
 that a company should be wound up where it is a mere 
 "bubble company" (y); but the Court will not make an 
 order merely on the ground of mismanagement or misap- 
 plication of the company's funds, unless it has produced 
 insolvency (&) ; nor on the ground that the company is 
 proceeding ultra vires (a) ; nor merely on the ground 
 that the company is a losing concern (b) ; nor will the 
 Court in considering whether it is just and equitable to 
 make a winding-up order have any regard to the future 
 prospects or liabilities of the company (c), unless the com- 
 pany is a life assurance company (d). 
 
 Compulsory The Court may make an order for winding up a company 
 
 voUmtary 1 already in voluntary liquidation. Such an order will be 
 
 winding up. made whenever the rights of creditors will be prejudiced 
 
 by the voluntary winding up (e) ; or, whenever there are 
 
 transactions justifying or requiring investigation (/) ; or 
 
 i?. 8 Eq. 146; National Live Stock (a) Irrigation Co., L. B, 6 Ch. 
 
 Co., 26 Beav. 153 ; New Zealand 176, 184. 
 
 Co., W. N. (1873), 174. (b) Suburban Hotel Co., L. B. 2 
 
 (u) Exp. Spaceman, 1 H. & T. Ch. 737, 746 ; but see Great 
 
 229 ; Suburban Hotel Co., L. R. 2 Nortficrn Mining Co., 17 W. B. 
 
 Ch. 737 ; Anglo-Greek Steam Co., 462. 
 
 L. R. 2 Eq. 1 ; European Ass. Soc., (c) European Life Ass., L. E. 9 
 
 L. E, 9 Eq. 122. Eq. 122. 
 
 (a:) Langham Skating Rink, 5 (d) Life Assurance Companies 
 
 Ch. D. 669. Act, 1870 (33 & 34 Viet. c. 61), s. 
 
 (y) Anglo-Greek Steam Co., L. E. 21 ; post, p. 165. 
 
 2 Eq. 1 ; London <fc County Coal (c) Comp. Act, 1862, s. 145. 
 
 Co., L. R. 3 Eq. 355. (/) Northumberland Banking 
 
 (z) Anglo-Greek Steam Co., L. R. Co., 2 De G. & J. 357, 378 ; Little- 
 
 2 Eq. 1; Bwlch-y-Plwm Co., 17 Hampton Steamship Co., 34 L. J. 
 
 L. T. N. S. 235; National Live Stock (Ch.) 237 ; Barned's Banking Co., 
 
 Co., 26 Beav. 153 ; Anglo-Egyptian 14 W. R. 722 ; British Alliance 
 
 Navigation Co., L. E. 8 Eq. 660. Corp., 9 Ch. D. 635.
 
 WINDING -UP PETITIONS. 159 
 
 where the proceedings under the voluntary winding up 
 have been dilatory and unsatisfactory (g). 
 
 A creditor is entitled to an order ex debito justitice if 
 he show that his rights will be prejudiced by a voluntary 
 winding up ; but if there is nothing to show that he will 
 not be paid in full, and other creditors oppose the petition, 
 it will be dismissed (h). 
 
 After a resolution to wind up voluntarily a shareholder 
 cannot, as a general rule, obtain a compulsory or a super- 
 vision order. The only exceptions to the rule are where 
 the resolution has been passed fraudulently (i), or where 
 creditors appear to support the petition (fc). 
 
 The Court has jurisdiction to make a compulsory order Compulsory 
 though a supervision order has already been made ; but supervision 
 there are few cases in which the Court would deem it order - 
 desirable to exercise such jurisdiction (I). 
 
 Where a company is being voluntarily wound up, the Supervision 
 Court is reluctant to interfere, and will not make a super- 
 vision order unless there has been fraud or undue over- 
 bearing influence (m) ; or unless, semble, creditors and 
 contributories desire it (ri). 
 
 Mere misconduct on the part of the liquidator is not 
 
 (g) Manchester Queensland Co., D. 701, 714. 
 
 15 W. R. 1070 ; Fire Annihilator (1) Orrell Colliery Co., W. N. 
 
 Co., 32 Beav. 561 ; Tramway (1879), 106. 
 
 Wheel Co., W. N. (1873), 160. (m) Langham Skating Rink Co., 
 
 (h) Universal Drug Ass., 22 W. 5 Ch. D. 669, 685 ; Imperial Bank 
 
 R. 675 ; Caerphilly Colliery Co., 32 of China, L. R. 1 Ch. 339 ; Beau- 
 
 L. T. N. S. 15. jolais Wine Co., L. R. 3 Ch. 15 ; 
 
 (i) Beaujolais Wine Co., L. R. 3 London Discount Co., L. R. 1 Eq. 
 
 Ch. 15 ; London Discount Co., L. R. 277 ; Irrigation Co., L. R. 6 Ch. 
 
 1 Eq. 277 ; West Surrey Tanning 176 ; St. Davids Mining Co., 14 
 
 Co., L. R, 2 Eq. 737. W. R. 755 ; Madras Coffee Co., 17 
 
 (k) Gold Co., 11 Ch. D. 701 ; W. R. 643. 
 
 Lonsdale Vale Co., 16 W. R. 601 ; () Owen's Patent Wheel Co., 29 
 
 Oriental Commercial Bank, 15 W. L. T. N. S. 672 ; Irrigation Co., 
 
 R. 7. As to delay in presenting L. R. 6 Ch. 176. 
 the petition, see Gold Co., 11 Ch.
 
 160 COMPANIES ACTS, 1862, 1867. 
 
 in itself sufficient ground for making a supervision 
 order (o). 
 
 If the resolution for voluntary winding up was not pro- 
 perly passed, the Court cannot make a supervision order, 
 for it would be an order to continue that which was, in 
 its inception, invalid (js). 
 
 A supervision order has been made although creditors 
 asked for a compulsory order (q). It has been said that the 
 Court leans rather to a winding-up under supervision than 
 to a winding-up by the Court (r) ; but Jessel, M. R, in a 
 recent case said that in the case of a large liquidation a 
 compulsory order is cheaper and better than a supervision 
 order (s). It would seem, therefore, that in such cases a 
 compulsory order would be more readily granted. 
 
 What Companies tnay be Wound up. 
 
 , The following companies, with the exception of unre- 
 
 panies may be gistered companies, which can only be wound up compul- 
 
 wound up. ? .. , . 
 
 sorily (t), may be wound up either compulsorily or subject 
 to supervision : 
 
 All companies registered under the Act, whether formed 
 under it or not (u) ; 
 
 All companies registered under the Joint Stock Com- 
 panies Acts (v) ; 
 
 All partnerships, associations, or companies (except 
 railway companies incorporated by Act of Parliament), 
 
 (o) London A Mediterranean (r) Inns of Court Hotel, W. N. 
 
 Banking Co., 15 W. K. 33 ; York- (1866), 348 ; United Merthyr Col- 
 
 sUre Fibre Co., L. R. 9 Eq. 650 ; lieries, 16 L. T. N. S. 170. 
 
 London Bank of Scotland, 15 W. K. (s) Western District Bank, W. 
 
 1103. K (1879), 151. 
 
 (p) Bridport Brewery Co., L. E. (t) Companies Act, 1862, s. 199 
 
 2 Ch. 191. (u) Ib. ss. 79, 180, 196. 
 
 (q) Owen's Patent Wheel Co., 29 () Ib. ss. 176, 177. 
 L. T N. S. 672.
 
 WINDING-UP PETITIONS. 161 
 
 consisting of more than seven members, and not registered 
 under the Act (iv). 
 
 The exception as to railway companies only applies to Railway com- 
 companies whose principal object is the construction of a 
 railway. A dock company having power to make a branch 
 railway is not therefore within the exception (x). A rail- 
 way company whose railway is authorized to be abandoned 
 may be wound up (y) . 
 
 A company incorporated by special Act of Parliament Companies in- 
 
 J r corporatedby 
 
 may be ordered to be wound up. Thus, a ferry com- special Act. 
 pany(s),a telegraph company (a.), and a canal company (6), 
 so incorporated, have been wound up ; and such a company 
 may be wound up, though the property of the company 
 cannot be sold without a special Act of Parliament ; and 
 the order may be made on the petition of the company 
 itself (c). But where the special Act declares the works 
 authorized to be of public advantage, the Court will not 
 make an order, unless it is positively shown that there is 
 no other remedy (d). 
 
 Unincorporated companies, which have never been Fnincorpo- 
 registered under any Act, may be wound up (e). panics? " 
 
 A company which ought to be, but is not registered, is Illegal com- 
 an illegal association (/) ; and such an association ought 
 
 (w) Companies Act, 1862, s. 199. 10 Eq. 331. 
 
 (x) Exmouth Docks Co., L. E. 17 (d) Evmoulh Docks Co., L. R. 
 
 Eq. 181. 17 Eq. 188, 190 ; Herne Bay 
 
 (y) 32 & 33 Vic. c. 114, s. 4; Waterworks Co., 10 Ch. D. 42 ; 
 
 Skipton Ely., 20 L. T. N. S. 359. ;;os<, p. 167. 
 
 (2) Isle of Wight Ferry Co., 2 H. (e) Bank of London Ass., L. R. 
 
 & M. 597. 6 Ch. 421, 425 ; Family Endow- 
 
 (a) Electric Telegraph of Ireland, mcnt Soc., L. R. 5 Ch. 118 ; Wo- 
 22 Beav. 471. mcrsky v. Mcrritt, L. R. 4 Eq. 
 
 (b) Basingstokc Canal, 14 W. R. 695. 
 
 956 ; Wey Canal, L. R. 4 Eq. 197 ; (/) As to what companies ought 
 
 Bradford Navigation, L. R. 10 Eq. to he registered, see Companies 
 
 331. Act, 1862, s. 4, and Buckley, 2 ; 
 
 (c) Bradford Narigatiw, I/. R. Sykcs v. Bcadon, 11 Ch. D. 170. 
 
 M
 
 162 
 
 COMPANIES ACTS, 1862, 1867. 
 
 panies. 
 
 not, it would seem, to be wound up by the Court (g}. 
 But since such a company cannot set up its own ille- 
 gality as a defence (h) ; quaere, whether such a company 
 ought not to be wound up upon the petition of a bond 
 fide . creditor, or even of a contributory, where he is a 
 perfectly innocent party (i). 
 
 Dissolved com- A company which has been wound up and dissolved, 
 cannot be wound up by the Court, unless the dissolution 
 can be impeached on the ground of fraud (j ) ; but where, 
 though the company has been dissolved, the members are 
 still under liabilities incurred before the dissolution, the 
 company may be ordered to be wound up ; and orders 
 have been made to wind up companies, which have 
 amalgamated with, or transferred their assets and liabilities 
 to, other companies (k). 
 
 A company which it is intended to form, but which is 
 in fact never formed, is not an unregistered company 
 which can be wound up under the Act, though steps may 
 have been taken, and preliminary expenses incurred, with 
 a view to its formation (I). Qucere, whether persons 
 associating together, for the purpose of forming a com- 
 pany, are an association within the meaning of the 
 Act (m). 
 
 Whether an association or partnership has been formed 
 is a question of evidence (mm). Where more than seven 
 persons subscribed to a project for purchasing property, 
 
 Inchoate com 
 pany. 
 
 What is an as 
 sociation. 
 
 (g) Hargrove & Co., L. B. 10 
 Ch. 542, 548. 
 
 (h) Doola-n v. Midland Ely., 2 
 App. Cas. 792, 806. 
 
 (i) South Wales Steamship Co. 
 2 Ch. D. 763. 
 
 (j) London <fc Caledonian Co., 11 
 Ch. D. 140 ; Pinto Mining Co., 8 
 Ch. D. 273. 
 
 (k) Family Endowment Soc., L. 
 
 E. 5 Ch. 118 ; exp. Phillips, 3 De 
 G. & S. 3 ; exp. Dee, 3 De G. & S. 
 112 ; and see Times Life Ass. Co., 
 L. E. 5 Ch. 381. 
 
 (1) Imperial Anglo-German Bank, 
 26 L. T. N. S. 229. 
 
 (m) Ibid. ; cf. Royal Victoria 
 Syndicate, infra. 
 
 (mm) See Hargrove & Co., L. E. 
 10 Ch. 542 ; and^05<, p. 164.
 
 WINDING-UP PETITIONS. 163 
 
 with the intention of selling it to a company, to be formed 
 for the purpose, it was held that the subscribers were a 
 partnership, and could be wound up (ri). An order has 
 been made to wind up four firms associated together 
 for the purpose of trading, and containing in all eight 
 members (o). 
 
 A company registered under the Act can be wound Foreign com- 
 up, although all the subscribers to the memorandum are pany ' 
 foreigners, resident abroad, and though the principal 
 object of the company is the transaction of business 
 abroad (p). A company formed and registered in India, 
 and having a branch office in this country, but not 
 registered here, has been wound up (q). It seems 
 that if a company merely contemplate carrying on business 
 in England, it may be registered, and therefore wound up, 
 though it has never carried on business here, and though 
 all its shareholders are foreigners (r) ; but the Court has 
 declined to make an order where the company never in- 
 tended to carry on business in England, and where there 
 did not exist in this country the means of doing sub- 
 stantial justice (s). 
 
 Scrip companies have been ordered to be wound up Scrip com- 
 under the old Acts, and may, it seems, be wound up under pa 
 the Act of 1862 (t). 
 
 Companies formed on the cost-book principle for work- Cost-book mi- 
 ing mines within the jurisdiction of the stannaries may Hies. 
 be wound up (u). 
 
 (n) Royal Victoria Syndicate, 30 (q) Commercial Hank of India, 
 
 L. T. N. S. 3 ; and see South of L. R. 6 Eq. 517. 
 
 France Syndicate, 36 L. T. N. S. (r) Princess of Rcuss v. Bos, L. 
 
 651. R. 5 H. L. 176 ; but sec Bulkeley 
 
 (o) Adansvnia Fibre Co., L. B. 9 v. Sehutz, L. R. 3 P. C. 764. 
 
 Ch. 637, n. (s) Union Bank of Calcutta, 3 De 
 
 (p) Land Credit Co., L. R. 5 G. & S. 253. 
 
 Ch. 363 ; Princess of lleuss v. Bos, (t) Lindley, 1230. 
 
 L. R. 5 H. L. 176 ; Madrid Ely., (u) Ib. 
 2 Mac. & G. 169.
 
 164 
 
 COMPANIES ACTS, 1862, 1867. 
 
 Building 
 society. 
 
 Industrial Societies registered, or deemed to be registered, under 
 
 the Industrial and Provident Societies Act, 1876, may be 
 dissolved by an order to wind up, and the provisions of 
 the Companies' Act, 1862, are to apply, except that the 
 Court having jurisdiction is to be the County Court (v). 
 
 Building societies may be wound up by the County 
 Court on a petition by a member, authorized by three- 
 fourths of the members present at a meeting, or by a 
 judgment creditor for not less than 50 (w). 
 
 Loan society. A loan society was held to be within the Winding-up 
 Act, 1849 (x) ; and such a society may, it seems, be wound 
 up as an unregistered company under the Act of 1862 (y). 
 Where such a society consisted, at the time of the appli- 
 cation, of only four members, a winding-up order was 
 refused, although the society originally consisted of more 
 than seven members (0). 
 
 It seems somewhat doubtful whether purely mutual 
 societies can properly be made the subject of a winding-up 
 order (a) ; though several such orders have been made (6). 
 
 Clubs are not associations within the Act, and cannot 
 therefore be wound up (c) ; nor are literary, scientific, or 
 charitable societies (d). 
 
 In the case of life assurance companies, the Court will 
 make a winding-up order on the petition of a policy 
 holder or shareholder where the company is shown to be 
 
 Mutual societv, 
 
 Clubs. 
 
 Life assurance 
 companies. 
 
 (v) 39 & 40 Vic. c. 45, s. 17. 
 As to Friendly Societies, see 38 & 
 39 Vic. c. 60. 
 
 (w) 37 & 38 Vic. c. 42, ss. 4, 
 32. 
 
 (a;) Exp. Smith, 1 Sim. (N. S. ), 
 165. 
 
 (y) Bolton Loan Society, 12 Ch. 
 D. 679. 
 
 (z) Ibid, 
 
 (a) Merchants' Assurance Soc., 
 L. B, 9 Eq. 694 ; and see Buckley, 
 
 350. 
 
 (b) Shields Marine Ass. , L. E, 5 
 Eq. 368 ; London Marine Ass., L. 
 E, 8 Eq. 176, 185 ; Albert Average 
 Ass., L. E. 5 Ch. 597 ; and see 
 Hargrove & Co., L. E. 10 Ch. 542. 
 
 (c) St. James' Club, 2 D. M. & 
 G. 383. 
 
 (d) Lindley, 1231. As to what 
 is an association, see Hargrove & 
 Co., L. E. 10 Ch. 542.
 
 WINDING-UP PETITIONS. 165 
 
 insolvent. In determining whether a life assurance com- 
 pany is insolvent, the Court will take into account its 
 contingent or prospective liability under policies, or 
 annuity, and other existing contracts ; but the petition 
 will not be heard until security for costs has been given, 
 and until a primd facie case has been established to the 
 satisfaction of the Judge. In the case of a proprietary 
 company having an uncalled capital of an amount suffi- 
 cient, with the future premiums receivable by the com- 
 pany, to make up the actual invested assets equal to the 
 amount of the estimated liabilities, the Court shall 
 suspend further proceedings on the petition for a reason- 
 able time to enable the uncalled capital, or a sufficient 
 part thereof, to be called up ; and if at the end of the 
 original, or any extended time for which the proceedings 
 shall have been suspended, such an amount shall not 
 have been realised by means of calls as, with the already 
 invested assets, shall be equal to the liabilities, an order 
 shall be made on the petition, as if the company had been 
 proved insolvent (e). 
 
 A petition presented under the above section must be 
 entitled in the matter of the Life Assurance Companies 
 Act, 1870 (/) ; and will be marked with a special fiat. The 
 matter will then go into chambers, and be there heard ex 
 parte. Upon the result of the proceedings in chambers, the 
 petition will be answered for hearing in the usual way (</}. 
 
 Where, however, the company is being wound up volun- 
 tarily, it is unnecessary that a primd facie case should be 
 stated, or that security for costs should be given (h). 
 
 (c) Life Assurance Companies (/) British Alliance GVp.,W. N. 
 
 Act, 1870, s. 21. As to winding (1877), 261. 
 
 up amalgamated companies, see s. (g) Buckley, 550, 551. 
 
 4. As to winding np for non- (A) British Alliance Corp., 9Cli. 
 
 compliance with Act, see s. 18. D. 635.
 
 166 
 
 COMPANIES ACTS, 1862, 1867. 
 
 Policy holders, who are entitled to deposit their policies 
 and to receive the cash value thereof, cannot, by deposit- 
 ing their policies, petition as creditors (i). 
 
 The Court will not suspend proceedings under the peti- 
 tion on the ground that there is nominally uncalled capital 
 exceeding the liabilities, if it appears that a call would 
 not produce any appreciable amount (j). 
 
 Who may Petition. 
 
 Creditor. A creditor may petition though his debt is secured (k), 
 
 and though it is under 50 ; but if it is less than 50, he 
 must show his right to a winding-up order otherwise than 
 by non-payment of his debt after the statutory demand (I). 
 The debt must not be of an uncertain nature (m), and must 
 not be bond fide disputed by the company (n). A claim 
 for unliquidated damages will not support a petition (o). 
 
 Assignee. The assignee of a debt may petition (p) ; but a creditor 
 
 cannot, after presenting a petition, sell his debt and the 
 right to proceed with the petition (q). 
 
 Bondholder Where a company issued " mortgage bonds " under the 
 
 provisions of a trust deed, by which deed the company 
 covenanted with the trustees that all the bonds should 
 rank pari passu, and that every bond should entitle the 
 holder to a fully paid-up ordinary share, as a bonus share, 
 and that the company would pay to the trustees interest 
 on the bonds, and also an annual sum by way of 
 
 (i) British Imperial Ass. Co.,W. 
 N. (1875), 184. 
 
 (j) National Funds Ass. Co., W. 
 N. (1876), 239. For tests of in- 
 solvency of assurance companies 
 with uncalled capital, see London 
 & Manchester Association, 1 Ch. D. 
 466 ; and Buckley, 551. 
 
 (k) Moor v. Anglo-Italian Sank, 
 10 Ch. D. 681. As to petitions by 
 creditors, see ante, pp. 155, 156. 
 
 (Z) Buckley, 117. 
 
 (m) European Banking Co., L. 
 E, 2 Eq. 521. 
 
 (n) Ante, p. 155. 
 
 (o) Pen-y-Van Co., 6 Ch. D. 
 477. 
 
 (p) London Alkali Co., 1 D. F. 
 & J. 257 ; Paris Skating Rink, 5 
 Ch. D. 959. 
 
 (q) Paris Skating Rink, supra,
 
 WINDING-UP PETITIONS. 167 
 
 sinking fund for the discharge of the bonds, and that the 
 bond debt, interest, and sinking fund, should be a charge 
 upon the property ; and each bond contained a covenant 
 by the company with the trustees for payment to bearer of 
 principal and interest; it was held that the holder of such 
 bonds was not a creditor, and could not present a petition (r). 
 
 A company incorporated by Act of Parliament for Debenture 
 public purposes will not be wound up on the petition of de- u 
 benture holders, who will be left to the remedy which the 
 Act gives them, namely, the appointment of a receiver (s). 
 
 A shareholder cannot present a petition, unless the Contributory. 
 members of the company are reduced to less than seven, 
 or unless his shares were originally allotted to him, or have 
 been held by him for six months during the eighteen 
 months previously to the winding-up, or have devolved 
 upon him through the death of a former owner (t). 
 
 A fully paid-up shareholder who presents a petition Shareholder : 
 must allege and prove that there are assets of such an 
 amount that in the event of a winding-up he will have a 
 tangible share of surplus to receive (u) ; and if the com- 
 pany is in voluntary liquidation, he will not be entitled to 
 a compulsory or supervision order, except in a case of 
 fraud, or where creditors support the petition (v). 
 
 A petition by a shareholder in arrear in the payment Shareholder in 
 of calls due from him, will generally be dismissed (w), 
 unless he has tendered the amount due (x). 
 
 (r) Uruguay Rly. Co., 11 Ch. D. (w) European Life Assurance 
 
 373. Soc., L. E. 10 Eq. 403 ; Peters- 
 
 (s) Jlcrne Pay Waterworks Co., burgh Gas Co., 33 L. T. N. S. 637; 
 
 10 Ch. D. 42 ; Exmouth Docks Co., Diamond Fuel Co., "W. N. (1878), 
 
 L. R. 17 Eq. 181; ante, p. 161. 11 ; but see General Exchange 
 
 (0 Companies Act, 1867, s. 40. Bank, L. B, 4 Eq. 138. 
 
 See City <fr County Bank, L. R. 10 (a;) Steam Stoker Co., L. R. 19 
 
 Ch. 470. Eq. 416 ; Diamond Fuel Co., W. 
 
 (u) Rica Gold Co., 11 Ch. D. 36. N. (1878), 228. 
 
 (v) Gold Co., 11 Ch. D. 701.
 
 168 COMPANIES ACT?, 1862, 1867. 
 
 Share warrant. Qucet'e, whether the holder of a share warrant who is 
 
 not an original allottee can petition (y). 
 Executors. Where by the deed of settlement of a company it was 
 
 provided that executors should not be proprietors, it was 
 
 held that they were nevertheless contributories, and might 
 
 present a petition (z). 
 
 B. contribu- It seems that a past member, liable as a B. contribu- 
 tory. . . . 
 tory, may petition (a). 
 
 Scrip. A winding-up order has been made on the petition of a 
 
 transferee of scrip certificates, which were transferable by 
 delivery, and which entitled the holder to become a 
 shareholder, and in the meantime to receive dividends, 
 the petitioner admitting himself to be a contributory, 
 and undertaking to do all acts necessary to make himself 
 a shareholder (6). 
 
 De jure share- A petition maybe presented by de jure shareholders 
 where by default of the company they are not share- 
 holders de facto. Thus, a petition may be presented by 
 persons who have obtained a decree ordering the company 
 to allot them shares and to register them as shareholders, 
 though their names are not registered at the time of the 
 presentation of the petition (c). 
 
 Advertisements. 
 
 Title of peti- Every petition presented for the winding up of any 
 company by the Court, or subject to the supervision of the 
 Court, and all notices, affidavits, and other proceedings 
 under such petition, must be intituled " In the matter of 
 
 (y) Buckley, 177. 2 D. J. & S. 521 ; and see exp. 
 
 (z) Norwich Tarn Co., 12 Beav. Capper, 3 De G. & S. 1. 
 366. ( c ) PateiU Steam Engine Co., 8 
 
 (a) Buckley, 178. Ch. D. 464. 
 (6) Littlehampton Steamship Co.,
 
 WINDING-UP PETITIONS. 169 
 
 The Companies Acts, 1862 and 1867 " (d), and of the 
 particular company, describing it by its usual style or 
 firm (e). 
 
 Where the advertisements had been intituled " In the 
 matter of The Companies Act, 1862," only, the petition 
 was ordered to stand over, with liberty to issue fresh 
 advertisements (/). 
 
 Every winding-up petition shall be advertised seven 
 clear days before the hearing, as follows : 
 
 (1.) In the case of a company whose registered office, Advertisement 
 
 J of petition. 
 
 or, if there shall be no such office, then whose 
 principal or last known place of business is or 
 was situate within ten miles from Lincoln's Inn 
 Hall, once in the London Gazette, and once at 
 least in two London daily morning news- 
 papers. 
 
 (2.) In the case of any other company, once in the 
 London Gazette, and once at least in two local 
 newspapers circulating in the district where such 
 registered office, or principal or last known 
 principal place of business, as the case may be, 
 of such company is or was situate. 
 
 The advertisement shall state the day on which the 
 petition was presented, and the name and address of the 
 petitioner, and of his solicitor and London agent (if 
 
 an y) (#) 
 
 The seven days may be counted in the vacation (k). 
 
 (d) Geii. Ord. March, 1868, r. 1. (1877), 261. 
 
 (e) Gen. Ord. Nov. 1862, r. 1. (/) Re Mareszo Co., W. N. 
 If the petition is by a policy holder (1874), 9. 
 
 or shareholder of an assurance com- (g) Gen. Ord. Nov. 1862, r. 2. 
 
 pany, it must be entitled in the Life (A) Re London India- Rubber Co., 
 
 Assurance Companies Act, 1870 ; 14 VV. R. 594. 
 British Alliance Corp., W. N.
 
 170 COMPANIES ACTS, 1862, 1867. 
 
 The advertisements may, it seems, appear on the morn- 
 ing of the day on which the petition is presented (i). 
 Re-advertise- When the advertisements have not been properly in- 
 ment. serted, the usual practice is for the petition to stand over, 
 
 with liberty to issue fresh advertisements (j). 
 
 The advertisements must be headed " In the matter of 
 The Companies Acts, 1862 and 1867." An advertise- 
 ment headed " In the matter of The Companies Act, 1862," 
 only was held insufficient (k). 
 
 The registered name of the company must be accurately 
 stated. A slight error in the name will render the adver- 
 tisement absolutely void (I). 
 
 Where the petition had been advertised to be heard 
 "on Saturday the 20th," the 20th being a Thursday, the 
 Court refused, even by consent, to waive the irregu- 
 larity (m). 
 
 The Court has. however, power to dispense with the 
 
 Dispensing 
 
 with re-adver- issue of fresh advertisements, though it will not exercise 
 such power lightly. When the advertisements have not 
 been properly inserted, owing to an accident, the Court 
 will exercise such power if the advertisements have had 
 the effect of securing the representation of every class of 
 persons interested before the Court (ri). Where adver- 
 tisements had been properly inserted in two daily papers, 
 but the advertisement in the Gazette had only appeared 
 six clear days before the hearing, the objection was over- 
 ruled (o) ; and where the petition had been properly adver- 
 
 (i) Re Cork < Youglml Ely. Co., 10 Ch. 470, 477. 
 
 14 L. T. K S. 750. (m) Re Joint Stock, die., 13 Beav. 
 
 (j) London & Westminster Wine 434. 
 
 Co., 1 H. & M. 561 ; Marezzo (n) Re City & County Bank, L. 
 
 Marble Co., 22 W. R. 248. R. 10 Ch. 470, 477. 
 
 (k) Re Marezzo Marble Co., (o) Re Land & Sea Telegraph Co. , 
 
 supra. W. N. (1870), 213; 18 W. R. 
 
 (1) Re City A: County Bank, L. R. 1150.
 
 WINDING-UP PETITIONS. 171 
 
 tised in the Gazette, but the advertisements in the other 
 two papers had not been in accordance with the require- 
 ments of the Order, the advertisements were held suffi- 
 cient (p). But where the petition had been advertised in 
 only one other paper besides the Gazette, the Court di- 
 rected the petition to be properly advertised, and the 
 order to be drawn up seven days after the advertise- 
 ment (q). 
 
 A petition might formerly be reheard without fresh 
 advertisements, on service and consent of all parties 
 entitled to be served (r) ; and an application to rectify a 
 slip in former proceedings, being properly an ex parte 
 matter, does not require advertisement(s). 
 
 But where a petition, which has been presented and Withdrawal. 
 advertised, is subsequently withdrawn, the withdrawal 
 should be advertised (t). 
 
 The priority of petitions is determined by the date of Priority, 
 advertisement, and not by the date of presentation (u) ; 
 and where the advertisements of both petitions appear in 
 the same number of the Gazette, the petitioner whose 
 petition was presented first is entitled to the carriage of 
 the order (x). 
 
 A second petition presented after the advertisement 
 of a prior petition will generally be dismissed with 
 costs (y). 
 
 Advertisement of a petition is notice to all the world of 
 
 (p) Worthing Hotel Co., W. N. Co., L. R. 7 Eq. 76. As to with- 
 
 (1872), 74. drawn!, see post, p. 177. 
 
 (q) London India-Rubber Co., 14 () Re United Ports, $c. Co., 39 
 
 W. R. 527, 594. L. J. (Ch.) 146 ; re Trades Bank, 
 
 (r) Re Patent Floor Cloth Co., W. N. (1877), 268. 
 
 L. R. 8 Eq. 664 ; but see now St. () Re Storforth Lane Colliery 
 
 Nazaire Co., 12 Ch. D. 88. Co., 10 Ch. D. 487. 
 
 (s) Re Shields Marine Insurance (y) Re Joint Stock Coal Co., L. R. 
 
 Co., W. N. (1867), 296. 8 Eq. 146 ; re Accidental A Marine 
 
 (t) Re fiumber Ironworks Co., Ins. Co., 36 L. J. Ch. 75. 
 L. R. 2 Eq. 15 ; re United Service
 
 COMPANIES ACTS, 1S62, 1867. 
 
 its presentation (z). It is a substitute for actual service, 
 and is notice to all persons interested to appear on the 
 hearing (a). 
 
 The publication of a petition in extenso before the 
 hearing is a contempt of Court (6). 
 
 Service at re- 
 gistered office. 
 
 Rule not im- 
 perative. 
 
 Office pulled 
 down. 
 
 Service. 
 
 Every winding-up petition shall, unless presented by 
 the company, be served at the registered office, if any, of 
 the company, and if no registered office, then at the prin- 
 cipal or last known principal place of business of the com- 
 pany, if any such can be found, upon any member, officer, 
 or servant of the company there ; or in case no such 
 member, officer, or servant can be found there, then by 
 being left at such registered office or principal place of 
 business, or by being served on such member or members 
 of the company as the Court may direct ; and every 
 petition for the winding-up of a company subject to the 
 supervision of the Court shall also be served upon the 
 liquidator (if any) appointed for the pui'pose of winding- 
 up the affairs of the company (c). 
 
 This rule is not imperative, but merely directory. 
 Where, therefore, service of the petition had been accepted 
 on behalf of the company by a solicitor duly appointed for 
 that purpose, service at the company's office was held to 
 be unnecessary (d). 
 
 Where the registered office had been demolished, service 
 on the secretary and two of the directors at the unregis- 
 
 (z) Hmmersons Case, L. K. 2 Eq. 
 231; but see post, p. 181. 
 
 (a) Maryborough Club Co., L. E. 
 1 Eq. 216 ; New Gas Co., 5 Ch. D. 
 703. 
 
 Co., L. K. 8 Eq. 580 ; General Ex- 
 change Bank, 14 L. T. N. S. 582 ; 
 and see Buckley, 472. 
 
 (c) Gen. Ord. Nov. 1862, r. 3. 
 
 (d) Regent United Service Stores, 
 
 (b) Cheltenham, dkc., Carriage 8 Ch. D. 75.
 
 WINDING-UP PETITIONS. 173 
 
 tered office was held sufficient (e) ; and in another case, 
 where the office had been pulled down, and there was a 
 notice that the company had removed to No. 13 in 
 the same street, but the name of the company was not 
 written up there, and the petitioner's solicitor was informed 
 that the secretary attended at the office of the company's 
 solicitors at that address, service was directed on the 
 secretary at that address, and on one of the firm of the 
 company's solicitors (/). But service on a workman 
 employed on the site where the office had once stood 
 was held insufficient, although two of the directors 
 appeared (y). 
 
 Where the registered office has been closed, service has Office closed, 
 been directed in the following modes ; namely, on the 
 chairman and general manager only (Ji) ; on any five of 
 the directors (i) ; and on the solicitor and any one of the 
 directors in addition to service by leaving the petition in 
 the letter-box of the late office (k). 
 
 "Where there was no office and no known officer of the No office - 
 company, service was directed at the office of the com- 
 pany's solicitors, and upon one of the directors (I). But 
 under the Act of 1848 it was held that a solicitor was not 
 an officer or servant of the company, and that service upon 
 him was therefore insufficient (m). 
 
 Where there has been no office, service has been directed 
 on all the surviving subscribers to the memorandum, and 
 on three or four of the principal shareholders (ri) ; and in 
 
 (e) Fortune Copper Mining Co., W. R. 355. 
 
 L. R. 10 Eq. 390. (k) London < Westminster Wine 
 
 (/) rr<mSlateCo.,W.'8.(U78), Co., 12 W. R. 6. 
 
 70. (I) South Essex Estuary Co., 18 
 
 (g) Manchester, <kc., Association, "It. T. N. S. 178. 
 
 L. R. 9 Eq. 643. (m) Trent Valley Rhj. Co., 3 De 
 
 (h) National Credit and ExcJutnge <". & S. 11. 
 
 Co., 11 W. R. 161. (M) Inventors' Association, 13 W. 
 
 (*') Unity General Ass. Ass., 11 R. 1015.
 
 174 
 
 COMPANIES ACTS, 1862, 1867. 
 
 Unregistered 
 company. 
 
 Service on 
 liquidator. 
 
 another case, where no list of shareholders had been filed, 
 on the seven subscribers to the memorandum only (o). In 
 the case of a mutual company which had no place of 
 business and no directors, service was directed on the 
 secretary and agents of the company, the latter refusing 
 to say who were the members of the company (p). But 
 where an unregistered company had ceased to carry on 
 business, service at the office which had been, but which 
 was no longer, the office of the company was held suffi- 
 cient (q). 
 
 Where a company had been amalgamated with 
 another, leave was given to serve some of the members of 
 the company at the time of amalgamation (r) ; and where 
 a company had transferred its business to another, service 
 was directed upon any five of the directors (s). 
 
 Where an order had been made on the petition of the 
 liquidator and some of the directors, and the registrar 
 refused to draw up the order on the ground that no 
 service had been effected, the Court directed the order to 
 be passed, on production to the registrar of a consent 
 brief for the other directors and two or three of the 
 principal shareholders (t). 
 
 An unregistered company may be served at its office, 
 and it is not necessary to serve the individual shareholders 
 of such a company (u). 
 
 A petition for winding-up subject to supervision must 
 be served, not only on the liquidator, but also on the 
 
 (o) Cwmsymlog Co., 16 W. R. Arb.), 31, 37. 
 
 270; Velletri & Terradna Co., 
 18 L. T. N. S. 350. 
 
 (p) Thames Mutual Co., 15 L. 
 T. N. S. 263. 
 
 (q) City of London Ass., 36 L. J. 
 (Ch.) 832. 
 
 (r) Coghlan's Case, L. T. (Eur. 
 
 (s) Unity General Ass. Ass., 11 
 W. R. 355 ; and see Manchester, 
 &c., Ass., L. R..9.Ec[. 643. 
 
 (t) Panonia Leather Cloth Co., 13 
 W. R. 1015, n. 
 
 (u) City of London Ass., 36 L. J. 
 (Ch.)832.
 
 WINDING-UP PETITIONS. 175 
 
 company (x). Service has been directed on the late 
 secretary of the company, as well as on the liquidator (y), 
 and where the liquidator and some of the directors join in 
 the petition, it seems that the other directors and two or 
 three of the principal shareholders should be served (2). 
 
 " The Order, probably by an oversight, fails to provide 
 for the service of a petition for a compulsory order on the 
 liquidator acting in a voluntary winding-up, or in a 
 winding-up under supervision ; but such service, no doubt, 
 ought to be made " (a). 
 
 Evidence. 
 
 Every petition for the winding-up of any company by Affidavit veri- 
 the Court, or subject to the supervision of the Court, ym ' 
 shall be verified by an affidavit in the form or to the 
 effect set forth in the General Order, November, 1862, 
 Schedule III., Form 2 (6). Such affidavit shall be made 
 by the petitioner, or by one of the petitioners, if more 
 than one ; or, in case the petition is presented by the 
 company, by some director, secretary, or other principal 
 officer thereof, and shall be sworn after, and filed within 
 four days after, the petition is presented ; and such affi- 
 davit shall be sufficient primd facie evidence of the 
 statements in the petition (c). 
 
 Where the affidavit was inadvertently sworn and filed Sworn before 
 before the petition was presented, the Court allowed it to 
 be re-sworn, and the order on the petition to be post- 
 dated d. 
 
 (a;) Inventors' Association, 13 W. (a) Buckley, 473. 
 
 E. 1015 ; Petroleum Co., 15 W. R. (b) For form, see post. 
 
 29. (c) Gen. Ord. Nov. 1862, r. 4. 
 
 (y) Petroleum Co., 15 W. R. 29. (d) Western Benefit Building 
 
 (z) Panonia Leather Cloth Co., Soc., 33 Beav. 368. 
 
 13 W. R. 1015, n.
 
 176 
 
 COMPANIES ACTS, 1862, 1867. 
 
 Extendingtime 
 for filing affi- 
 davit. 
 
 Must be made 
 by petitioner. 
 
 Copies of peti- 
 tion. 
 
 The time for filing the affidavit may be enlarged (e). 
 Thus, leave has been given to file an affidavit seven days 
 after the petition was presented (/) ; and winding-up 
 orders have been made, though the affidavit was not filed 
 till the fifth day (g) ; and in one case, until nine days 
 after the presentation of the petition (h). 
 
 Where the petitioner was resident in Dantzig, the 
 Court extended the time to ten days (i) ; and where the 
 petition was presented under a power of attorney executed 
 by petitioners resident in Australia to a solicitor in this 
 country, the Court, instead of enlarging the time, allowed 
 the solicitor to make the affidavit (&) ; and where the 
 petitioner was resident at the Cape, the Court allowed 
 the affidavit to be made by some person acquainted with 
 the facts (I). 
 
 It would seem that the affidavit can only be made by 
 the petitioner. Where, therefore, the petition is pre- 
 sented by a company other than the liquidating company, 
 the affidavit cannot be made by the secretary or other 
 officer of the petitioning company (m). 
 
 It seems that the affidavit is not in all cases necessarily 
 sufficient, and that the Court may require further evidence 
 in support of the petition (ri). 
 
 Every contributory or creditor is entitled to be fur- 
 nished, by the solicitor to the petitioner, with a copy of 
 the petition, within twenty-four hours after requiring the 
 
 (e) Gen. Ord. Nov. 1862, r. 73. 
 
 (/) Patent Scrciced Soot <fc Shoe 
 Co., 32 Beav. 142. 
 
 (g) London & Westminster, <tc., 
 Co., 17 L. T. N. S. 559; East 
 Cambrian Gold Mining Co., 12 L. 
 T. N. S. 587. 
 
 (h) Kentish Royal Hotel Co., 13 
 W. R. 448. 
 
 (i) Anglo- Danish, d-c., Co., 15 
 
 W. R. 105. 
 
 (k) Fortune Copper Mining Co., 
 L. R. 10 Eq. 390. 
 
 (1) Evcrton Building Soc., W. N. 
 (1871), 242. 
 
 (m) Bank of Montreal v. Came- 
 ron, 2 Q. B. D. 536 ; but see For- 
 tune Copper Mining Co., supra. 
 
 (n) St. David's Mining Co., 14 
 W. R. 755.
 
 WINDING -UP PETITIONS. 177 
 
 same, on paying at the rate of fourpence per folio of 
 seventy- two words for such copy (o). 
 
 Withdrawal A mendment Demurrer. 
 
 A creditor who has presented and advertised a petition Withdrawal of 
 is not bound to bring it to a hearing. He may dismiss it, pe ' 
 or agree with the company for its withdrawal (p). But 
 he will not be allowed to take his petition out of the 
 list, so as not to appear in the Court paper on the day 
 for which it is answered, even though he undertake to 
 pay the costs of any creditor who may present himself (q). 
 If he elect to dismiss his petition, he must provide for 
 the costs of any creditor or contributory appearing to 
 oppose (r), even though they have notice that the peti- 
 tioning creditor has been paid, and that the petition will 
 be dismissed (s) ; and, qucere, whether he will not also 
 have to provide for the costs of parties appearing to 
 support the petition (t). 
 
 Where, therefore, the company wishes to get rid of a 
 petition, it must not only pay the petitioner's debt and 
 costs, but must also indemnify him against the costs of 
 creditors and shareholders appearing (u) ; and if the 
 company pay the debt without providing for costs, the 
 creditor is entitled to bring on his petition in order to et 
 them (x). 
 
 Where the case of a petitioning shareholder fails, the Amendment. 
 
 (o) Gen. Ord. Nov. 1862, r. 5 ; D. 617 ; New Gas Co., 5 Ch. D. 
 
 Clieltciiliam Carriage Co., L. R. 8 703; andsee^os, p. 185. 
 Eq. 580, 583. (s) Hereford, die., Co., L. R. 17 
 
 (p) Times Life, ttc., Co., L. R. Eq. 423. 
 9 Eq. 382 ; Home Assurance Ass., (t) Buckley, 179. 
 L. E. 12 Eq. 59. (u) Ibid. 
 
 (q) An Insurance Co., 33 L. T. (x) Flagstaff Co., L. R. 20 Eq. 
 
 N. S. 49 ; Mid-Wales Hotel Co., 268; Railway Finance Co., 14 W. 
 
 17 L. T. N. S. 597. R. 785. 
 
 (r) Patent Cocoa Fibre, Co., 1 Ch.
 
 178 
 
 COMPANIES ACTS, 1862, 1867. 
 
 Demurrer. 
 
 Allegation of 
 fraud. 
 
 Court will not make an order at the instance of a creditor 
 who appears in support of the petition (y). But where 
 a member of a benefit building society petitioned as a 
 creditor, he was allowed to amend his petition by stating 
 that he was a creditor only in respect of money advanced 
 by him as a member (z). 
 
 In several recent cases, leave has been given to amend 
 a " demurrable " petition (a). 
 
 An order will be refused if a sufficient case is not 
 stated on the petition. It is not enough that a sufficient 
 case is shown in evidence (6). Where a sufficient case is 
 not alleged, the petition, according to the expression now 
 commonly used, is " demurrable " (c). Where a petition is 
 dismissed as being demurrable, the costs of the respon- 
 dent's evidence will not be allowed (d). Leave may be 
 given to amend a demurrable petition (e). 
 
 Upon demurrer to a petition, the counsel for the 
 petitioner must open the case (/). 
 
 A petition by a shareholder is not demurrable on the 
 ground that it contains no allegation that he has held his 
 shares for the requisite six months (g}. 
 
 A vague allegation of fraud is not sufficient, but the 
 facts which constitute the fraud must be stated ; and if 
 
 (y) Spencc's Co., L. E, 9 Eq. 9 ; 
 and see Home Ass., L. R. 12 Eq. 
 59. 
 
 (z) Queen's Building Soc., L. R. 
 6 Ch. 815. 
 
 (a) Buckley, 181 ; and see British 
 Alliance Corporation, 9 Ch. D. 635, 
 642. 
 
 (b) Wear Co., L. R. 10 Ch. 188 ; 
 Sir John Moore Co., W. N. (1877) 
 183 ; and see British Alliance 
 Corp., 9 Ch. D. 635 ; but see City 
 & County Bank, infra. 
 
 (c) Steam Stoker Co., L. R. 19 
 
 Eq. 416 ; Wear Engine Co., L. R. 
 10 Ch. 188 ; New Gas Co., 36 L. 
 T. N. S. 364 ; 37 ibid., Ill ; 
 Petersburg Gas Co., 33 ibid., 637. 
 
 (d) Steam Stoker Co., supra ; 
 Star and Garter Co., 28 L. T. K 
 S. 258 ; Herne Bay Waterworks 
 Co., W. N. (1878), 199. 
 
 (e) Re British Alliance Corpora- 
 tion, 9 Ch. D. 635, 642. 
 
 (/) Be British Alliance Corpora- 
 tion, supra. 
 
 (g) City & County Bank, L. R. 
 10 Ch. 470.
 
 WINDING-UP PETITIONS. 179 
 
 there is only a vague general allegation, evidence of the 
 acts of fraud is not admissible (h). 
 
 Hearing Order. 
 
 Upon the hearing of the petition the Court may dis- Hearing. 
 miss the same, with or without costs, or may adjourn the 
 hearing, conditionally or unconditionally, or may make an 
 interim order, or any other order that it deems just (i). 
 
 The general practice is to treat all winding-up peti- Unopposed, 
 tions as opposed. But this rule has not been adhered to 
 in the Courts of Malins, V.-C., and Bacon, V.-C., where 
 the company appears and consents, and no one opposes 
 the petition (k). 
 
 A petition will not as a general rule be adjourned or Adjournment, 
 ordered to stand over ; because the order, if ultimately 
 made, will relate back to the presentation of the petition, 
 and affect acts done in the interval (I). But the Court 
 is not bound to make an immediate order even on the 
 petition of a creditor (m) ; and, therefore, where there is 
 a reasonable hope that the company will be able to make 
 arrangements for the payment of its debts (n), or where 
 there are no assets, and consequently there is no chance 
 of the creditor getting paid by means of a winding-up 
 order (o), the petition will be ordered to stand over. 
 
 Where the petitioner's debt is disputed, the Court will, 
 in a proper case, order the petition to stand over until the 
 debt has been established at law (p). 
 
 (h) Rica Gold Co., 11 Ch. D. 36. (m) Western Canada Oil Co., L. 
 
 (i) Companies Act, 1862, 6. 86. R. 17 Eq. 1. 
 
 (k) Bedwas Coal Co., W. N. () Brighton Hotel Co., L. R. 6 
 
 (1874), 17. Eq. 339. 
 
 (I) Metropolitan Warehousing Co., (o) St. Thomas' Dock Co., 2 Ch. 
 
 15 W. R. 1121 ; Metropolitan Om- D. 116 ; where an undertaking by 
 
 niliw Co., 28 L. J. (Ch.) 830; the company was required. 
 
 AUnon Bank, 15 L. T. N. S. 346. (p) Buckley, 168. The Court 
 
 N 2
 
 180 
 
 COMPANIES ACTS, 1862, 18G7. 
 
 Who may be 
 heard. 
 
 Order. 
 
 The only persons entitled to be heard upon the petition 
 are the company, its contributories and creditors ; and 
 although the Court may reasonably hear other persons, 
 who have an interest in the property of the company, as 
 amid curice ; yet such persons cannot appeal against the 
 decision (q). The Appeal Court refuses to hear creditors 
 or contributories appearing to support an appeal (r) ; 
 although creditors are allowed to appear and oppose a 
 petitioner's appeal ; and, if successful, will get their 
 costs (s). 
 
 Every order for the winding-up of a company by the 
 Court, or subject to its supervision, must, within twelve 
 days after the date thereof, be advertised by the peti- 
 tioner once in the London Gazette ; and must be served 
 upon such persons (if any) and in such manner as the 
 Court shall direct (t). 
 
 Where, through delay in drawing up the order, the 
 advertisement has not been inserted within the twelve 
 days, leave has been given to post-date the order (u). 
 The application for such leave must be made in the 
 presence of all parties (#). 
 
 A copy of every order for winding-up a company, 
 certified to be a true copy thereof as passed and entered, 
 must be left by the petitioner at the chambers of the 
 Judge within ten days after the same shall have been 
 passed and entered ; and, in default thereof, any other 
 person interested in the winding-up may leave the same, 
 
 has sometimes decided the question 
 itself ; and, quaere, whether under 
 the present practice it will not al- 
 ways or generally do so. 
 
 (q) Bradford Navigation Co., L. 
 E. 5 Ch. 600. 
 
 (r) Buckley, 198. 
 
 (s) New Gas Co., 5 Ch. D. 703. 
 
 (t) Gen. Ord. Nov. 1862, r. 6. 
 
 (u) Warland Commercial Co., 
 W. K (1876), 279; Lancaster 
 Building Society, 11 W. R. 459 ; 
 East Cambrian Mining Co., 12 L. 
 T. N. S. 587. 
 
 (x) Disderi & Co., 18 L. T. N. 
 S. 870.
 
 WINDING-UP PETITIONS. 181 
 
 and the Judge may, if he thinks fit, give the carriage and 
 prosecution of the order to such person. Upon such 
 copy being left, a summons is taken out to proceed with 
 the winding-up (y). 
 
 Several Petitions. 
 
 A creditor who presents a petition after notice that Several peti- 
 a prior petition has been presented by another creditor 
 for the same object, does so at the risk of having his peti- 
 tion dismissed with costs (z). The mere fact that the first 
 petition has been advertised is not necessarily notice, 
 unless, semble, sufficient time has elapsed to assume know- 
 ledge of the advertisement on the part of the second peti- 
 tioner (a). But where the second petitioner has no notice, 
 or where the first petition is collusive (6), and collusion is 
 proved (c), the practice is to make one order on both 
 petitions, and then the usual rules as to costs apply (d). 
 But in a recent case (e), Jessel, M. K, states the rule to be 
 that if it turns out that the first petition was not bond fide, 
 but merely for the purpose of protecting the company 
 against its creditors, it is a matter of course that it will be 
 dismissed with costs, and an order made on the second. 
 From the same case it appears that where collusion is 
 suspected it is the duty of a second petitioner before 
 presenting his petition to ask the first petitioner if he 
 is going to take a compulsory order, and to say that unless 
 
 (y) Gen. Ord. Nov. 1862, r. 7. Co., W. N. (1878) 12; British < 
 
 (z) Accidental <k Marine Co., 36 Foreign Gas Co., 13 W. R. 649. 
 
 L. J. (Ch.) 75 ; Joint Stock Coal (b) United Service Co., L. R. 7 
 
 Co., L. R. 8 Eq. 146; but see Eq. 76; Commercial Discount Co., 
 
 European Banking Co., L. R. 2 Eq. 32 Beav. 198. 
 
 521. (c) Norton Iron Co., W. N. 
 
 (a) Emirire Assurance Corp., 16 (1877), 223 ; 47 L. J. (Ch.) 9. 
 
 L. T. N. S. 341 ; National Bank, (d) Buckley, 200. 
 
 L. T. (Eur. Arb.) 92 ; Owen's (c) Norton Iron Co., supra. 
 
 Wluxl Co., 22 W. R. 151 ; Marron
 
 182 COMPANIES ACTS, 1862, 1867. 
 
 he receives an affirmative reply within three days, he (the 
 second petitioner) will present a petition. Any creditor 
 can insist upon the petitioners either taking an order on 
 their petition or having it dismissed with costs (/). The 
 settled practice is to consider as collusive such petitions 
 as are presented for the purpose of protecting the company 
 against other creditors (g). 
 
 Where there were two petitions, one for a supervision 
 order, and one for a compulsory order, the Court, in order 
 that the winding-up might commence from the resolution 
 to wind-up voluntarily, made a supervision order on the 
 first, and a compulsory order dated the following day on the 
 second petition (li) ; and where there were two petitions, one 
 by a paid-up shareholder, the other by shareholders who 
 had only paid the deposit, one order was made on both 
 petitions, and the conduct of the winding-up given to the 
 paid-up shareholder (i). 
 
 Transfer. Where a second petition has been presented in another 
 
 branch of the Court, it will be ordered to be transferred to 
 that branch to which the first petition is attached (&). 
 
 Where an order has been made in one branch of the Court, 
 a petition pending in another branch must be transferred 
 to the Court in which the order was made, and must be 
 brought on for hearing there (I). When an order is made 
 in one branch, a petitioner whose petition is pending else- 
 where may, by appearing when the order is made, succeed 
 in procuring the order to be ni9,de on both petitions, on 
 his undertaking to transfer his petition to that branch ; 
 
 (/) Norton Iron Co., supra; and W. R. 851 ; and see Berlin Abat- 
 
 see Berlin Abattoir Co., 19 W. R. toir Co., 19 W. R. 793. 
 
 793. (&) West Hartlcpool Co., L. R. 
 
 (g) Norton Iron Co., supra. 10 Oh. 629. 
 
 (h) United Service Co., L. R. 7 (I) British & Foreign Gas Co., 
 
 Eq. 76. 13 W. R. 649 ; Marron Co., W. N. 
 
 (i) Constantinople Hotels Co., 13 (1878), 12.
 
 WINDING-UP PETITIONS. 183 
 
 but this can only be done by consent (m). Where a peti- 
 tion had been presented, but the petitioner had failed to 
 prosecute the petition, an order was made in the interim 
 on another petition, in another branch of the Court (n). 
 
 Costs. 
 
 The general rule as to costs of winding-up petitions has General rule, 
 been thus clearly stated. The Court gives costs to the 
 petitioner if the petition succeeds, and to the company if 
 it fails, and further gives one set of costs to the contribu- 
 tories, and one to the creditors, who support the winning 
 side. If the petition succeeds, these costs are given out of 
 the company's estate ; if it fails, they are given against the 
 petitioner (o). 
 
 Contributors and creditors, being invited to appear by 
 the advertisements, are entitled to their costs in accord- 
 ance with the above rule, irrespective of service (p). 
 
 The general rule that creditors are entitled to only 
 one set of costs applies whether the petition is by a share- 
 holder or a creditor (q). 
 
 But creditors are not entitled to their costs as of right. 
 Where, therefore, there is no reasonable ground for their 
 appearance, and they appear merely to ask for costs, such 
 costs will be refused (r). 
 
 The Court will discourage the practice of instructing 
 
 (m) Buckley, 200. but see Hull fc County Bank, infra ; 
 
 (n) Consolidated Bank, 14 L. T. Urn-bury Bridge Coal Co., W. N. 
 
 N. S. 656. (1879), 5L 
 
 (o) Buckley, 197. Humber Iron- (q) New Gas Co., 5 Ch. D. 703 ; 
 
 works Co., L. R. 2 %. 15 ; Euro- Carnarvonshire Slate Co., 40 L. T. 
 
 2>can Banking Co., ibid., 521 ; On- N. S. 35. 
 
 ental Commercial Bank, W. N. (r) Hull fc County Bank, 10 
 
 (1866), 283 ; Diamond Fuel Co., Ch. D. 130 ; Military <fc General 
 
 W. N. (1878), 11. Tailoring Co., 47 L. J. (Ch.) 141. 
 
 (p) New Gas Co., 5 Ch. D. 703 ;
 
 184 
 
 COMPANIES ACTS, 1862, 1867. 
 
 Provisional 
 liquidator. 
 
 Secured cre- 
 ditor. 
 
 counsel to appear merely for the purpose of getting 
 costs (s). 
 
 The above rules, however, are merely general rules ; and 
 in considering the question of costs the Court will be 
 guided by the particular facts of each case (t). So, more 
 than one set of costs have been allowed to shareholders (u) ', 
 and costs have been given to opposing shareholders in 
 addition to the company (x) ; and where some of the 
 creditors and shareholders joined in the petition, the costs 
 of others appearing separately were disallowed (y) ; and 
 the costs of shareholders were refused where the petition 
 did not affect their interests (z) ; and the costs of both 
 creditors and contributories were disallowed where the 
 petition was unopposed, and there had been no reasonable 
 assurance of opposition, and the same solicitor acted for all 
 parties (a). 
 
 The petitioner must pay the costs of every person 
 against whom a personal charge is made in the petition, 
 and who appears and disproves such charge, and is other- 
 wise free from blame (6). 
 
 A provisional liquidator is not, although served, entitled 
 to appear at the hearing, and his costs will be refused (c). 
 
 Secured creditors are entitled to appear and share in 
 the set of costs given to creditors, without electing whe- 
 ther they will give up or retain their security (d). 
 
 (s) See last note. 
 
 (t) Albion Bank, infra ; Anglo- 
 Egyptian Navigation Co. , infra. 
 
 (u) Albion Bank, 15 W. R. 148. 
 
 (a;) Anglo- Egyptian Navigation 
 Co., L. R. 8Eq. 660. 
 
 (y) City Glass Co., W. N. (1874), 
 116. 
 
 (z) Star & Garter Hotel Co., 28 
 L. T. N. S. 258. 
 
 (a) Military & General Tailoring 
 
 Co., 47 L. J. (Ch.)141. 
 
 (6) Number Ironworks Co., L. R. 
 2 Eq. 15. 
 
 (c) General International Co., 36 
 Beav. 1 ; hut see Times Life Ass., 
 L. R. 9 Eq. 382 ; European Bank- 
 ing Co., L. R. 2 Eq. 521. 
 
 (d) Carmarthenshire, &c., Iron 
 Co., 45 L. J. (Ch.) 200; and see 
 Moor v. Anglo- Italian Bank, 10 Ch. 
 D. 681.
 
 WINDING-UP PETITIONS. 185 
 
 As a general rule, a petitioner who withdraws his Withdrawal of 
 
 petition. 
 
 petition must pay the costs of persons appearing in con- 
 sequence of the advertisements (e). But where a peti- 
 tioning creditor's debt was paid by the company, and he 
 withdrew his petition, he was held entitled to his costs (/). 
 If after an offer to satisfy his debt and costs, a creditor 
 proceeds with his petition, he will not be allowed any 
 costs incurred after such offer (g). 
 
 A petition presented, with notice of a prior petition, Second peti- 
 will generally be dismissed with costs (7t). Where suc- 
 cessive petitions were presented in ignorance of prior 
 petitions, the Court in making the order allowed one set 
 of costs on all the petitions (i). 
 
 The petitioner's costs, including the costs of establishing Petitioner's 
 his debt, if disputed (k), are a first charge on the estate, oa the estate. 
 and must be paid in full, in priority to any costs of the 
 official liquidator (I) ; and the petitioner is entitled to 
 his costs, though a debtor to the company in respect of 
 calls, without having the amount of such calls set off 
 against his costs (m). 
 
 A petitioner residing out of the jurisdiction must give Security for 
 security for costs (n) ; and so must a policy-holder or cos ' 
 shareholder who presents a petition under the Life 
 Assurance Companies Act, 1870 (o), unless, semble, the 
 company has passed resolutions for a voluntary wind- 
 
 (e) See ante, p. 177, as to costs N. (1875), 54. 
 
 of withdrawal. (I) Audlcy Hall Co., L. R. 6 Eq. 
 
 (/) Railway Finance Co., 14 "W. 245; and see Alarlborough Club 
 
 R. 785. Co., ibid. 519. 
 
 (g) Times Life Ass., L. R. 9 Eq. (m) General Exchange Bank, L. 
 
 382. R. 4 Eq. 138. 
 
 (1i) As to costs where there ara (n) East Llangynog Co., "W. N". 
 
 several petitions, see ante, p. 181. (1875), 81. See Comp. Act, 1862, 
 
 (i) Owen's Patent Wheel Co., 22 s.. 69; and Diamond Fuel Co., W. 
 
 W. R. 151. N. (1879) 180 ; post, p. 187. 
 
 (k) Universal Non-Tariff Co., W. (o) 33 & 34 Vic. c. 61, B. 21.
 
 186 COMPANIES ACTS, 1862, 1867. 
 
 ing-up (p). But persons out of the jurisdiction, who 
 appear and oppose the petition, cannot be required to 
 give security (q), 
 
 The amount of such security is in the discretion of the 
 Court (r) ; and, semble, unless special reason is shown, it 
 will not exceed 100 (s). Such security may be applied 
 for at or before the hearing (t) ; and the company do not, 
 by filing affidavits, after taking out a summons for security, 
 waive their right to such security (u). 
 
 Appeal Rehearing. 
 
 Appeal. An appeal from an order made on a winding-up petition 
 
 must be brought within twenty-one days (x). The twenty- 
 one days are to be reckoned from the time at which the 
 order is drawn up, or, in the case of the refusal of an 
 application, from the date of such refusal (y). The Court 
 of Appeal has power to extend the time, and may give 
 leave to appeal, notwithstanding the three weeks have 
 expired ; but such leave will not be given, except under 
 special circumstances (z). It seems that the restriction 
 as to the time of appealing does not apply to an appeal 
 brought on the ground that there was no jurisdiction to 
 make the order appealed from (a). . | 
 
 It seems that contributories, who appeared below, may 
 appeal from an order with which the petitioner is satis- 
 
 (p) British Alliance Corp., 9 Ch. Seidlcr, 12 Sim. 106 ; exp. Latta, 
 
 D. 635. 3 De G. & S. 186. 
 
 (q) Percy Mining Co., 2 Ch. D. (x) National Funds Assurance 
 
 531. Co., 4 Ch. D. 305. 
 
 (r) R. S. C. Ord. LV. r. 2. (y) R. S. C. Ord. LVIII., IT. 9, 
 
 (s) Paxton v. Bell, W. N. (1876), 15 ; but see Buckley, 248. 
 
 221, 249 ; but see Costa Rica v. (z) Buckley, 248 ; and see Etna 
 
 Erlanger, 3 Ch. D. 62 ; Seton, 125. Insurance Co., 21 W. R. 718. 
 
 (t) Home Ass., L. R. 12 Eq. 112 ; (a) Plumstead Water Co., 2 D. 
 
 Atkins v. Cooke, 3 Drew. 694. F. & J. 20 ; Estates Investment Co., 
 
 (u) Home Ass., supra ; exp. L. R. 8 Eq. 227.
 
 WINDING-UP PETITIONS. 187 
 
 fied (b). Quare, whether a contributory can appeal without 
 leave, where the liquidator also appeals (c). The Court 
 will not hear creditors and contributories in support of 
 an appeal (d) ; though creditors may appear and oppose 
 a petitioner's appeal (e). 
 
 Where an appeal to discharge a winding-up order is 
 dismissed, the costs ot the respondents are ordered to be 
 paid out of the estate, and no order is made as to the 
 costs of the company (/). 
 
 Where an appeal from a winding-up order is brought 
 by the company alone, so that no one is personally liable 
 for the costs of the appeal, an application for security for 
 costs will be entertained (</). 
 
 Where an order had been irregularly or improperly Rehearing. 
 obtained, an application to vary or discharge it was, if 
 made on the merits, formerly the subject of a regular re- 
 hearing, though all parties consented to the order (h) ; and 
 the petition could be reheard without fresh advertise- 
 ments, on service and consent of all parties entitled to be 
 served (i). But now a Judge has no jurisdiction to rehear 
 an order made by himself, or any other Judge, the power 
 to rehear being vested in the Court of Appeal, and in 
 that Court alone &. 
 
 (6) SilTcstone Colliery, 1 Ch. D. L. R. 1 Ch. 547. 
 
 38. (g) Diamond Fuel Co., W. 
 
 (c) Ship's Case, 2 D. J. & S. 544, (1879), 180. 
 
 550 ; L. R. 3 H. L. 343, 357 ; and (h) North Wales Slate Co., 18 
 
 see Etna Insurance Co., Ir. R. 7 W. R. 403. 
 
 Eq. 362. (i) Patent Floor Cloth Co., L. R. 
 
 (d) Buckley, 198. 8 Eq. 664. 
 
 (e) New Gas Co., 5 Ch. D. 703. (&) St. Nazaire Co., 12 Ch. D. 
 (/) National Savings Sank Ass., 88.
 
 188 COMPANIES ACTS, 1862, 1867. 
 
 Petition for Leave to Prosecute Directors, &c. 
 
 Winding-up by Where an order is made for winding-up a company by 
 the Court, or subject to the supervision of the Court, if it 
 appear in the course of such winding-up that any past or 
 present director, manager, officer, or member of such 
 company, has been guilty of any offence in relation to the 
 company for which he is criminally responsible, the 
 Chancery Division may, on the application by petition (I) 
 of any person interested in such winding-up, or of its own 
 motion, direct the liquidators to prosecute such offender ; 
 and may order the costs to be paid out of the assets of the 
 company (m). 
 
 Where there were no funds available, the Court, being 
 unwilling to involve the shareholders in further expense, 
 refused an ex parte application under this section (n). 
 Voluntary Where the company is being wound up altogether 
 
 winding up. voluntarily, the liquidators may, with the previous sanction 
 of the Court, to be obtained on petition (o), prosecute such 
 offender; and all expenses properly incurred in such 
 prosecution shall be payable out of the assets of the com- 
 pany in priority to all other liabilities (p). 
 
 (1) Gen. Ord. Nov. 1862, r. 51. (o) Gen. Ord. Nov. 1862, r. 51. 
 
 (m) Companies Act, 1862, s. 167. (p) Companies Act, 1862, s. 168 ; 
 
 () EupionGasCo., W. N. (1875), Gold Co., 11 Cli. D. 701, 719. 
 10.
 
 CHAPTER XVIII. 
 
 REDUCTION OF CAPITAL. 
 
 A LIMITED company may, by special resolution, so far Special resolu- 
 modify the conditions contained in its memorandum of tlot1 ' 
 association, if authorised so to do by its regulations as 
 originally framed, or as altered by special resolution, 
 as to reduce its capital (a), whether nominal or paid 
 up (6) ; and the power to reduce capital includes a 
 power to cancel any lost capital or any capital unrepre- 
 sented by available assets, or to pay off any capital which 
 may be in excess of the wants of the company (c). 
 
 No resolution for reduction of capital, except a resolu- When it comes 
 tion for reduction of capital by cancelling unissued m 
 shares (d), shall come into operation, until the order of the 
 Court confirming the reduction is registered (e). 
 
 The company must, after the date of the passing of the Company must 
 resolution, add to its name, until such date as the Court duced "^td its 
 
 may fix, the words " and reduced " (/). The Court has name - 
 ordered the words to be continued three months (g\ one 
 month (h), and a fortnight (i), from the date of the final 
 order. 
 
 (a) Companies Act, 1867, s. 9. 155 ; Estate Co., L. R. 5 Ch. 407. 
 (6) Companies Act, 1877, s. 3. (h) Dunaburg Co., 20 L. T. N. 
 
 (c) Ibid. S. 103. 
 
 (d) Companies Act, 1877, s. 5. (i) Telegraph Construction Co., L. 
 
 (e) Companies Act, 1867, a. 9. R. 10 Eq. 384; Muntz & Co., 18 
 (/) Companies Act, 1867, a. 10. W. R. 1064 ; Credit Foncicr, L. R. 
 (g) Sharp <fc Co., L. R. 6 Eq. 11 Eq. 356 ; National Arms Co.^
 
 190 
 
 COMPANIES ACTS, 1867, 1877. 
 
 Petition. 
 
 Title. 
 
 Where, however, the reduction does not involve either 
 the diminution of any liability in respect of unpaid capital, 
 or the payment to any shareholder of any paid-up capital, 
 it is not necessary, before presenting the petition, to add 
 such words ; and in such a case the Court may altogether 
 dispense with them (&). 
 
 The application to the Court (I) to confirm a reduction 
 of capital must be by petition (m). 
 
 The petition, and all notices, affidavits, and other pro- 
 ceedings under such petition, should be intituled in the 
 matter of The Companies Acts, 1867 and 1877, and of the 
 company in question (n). 
 
 Advertisement. Notice of the presentation of the petition shall be pub- 
 lished at such times and in such newspapers as the Judge 
 shall direct, so that the first insertion of such notice be 
 made not less than one calendar month before the day of 
 the date with reference to which the list of creditors is to 
 be made out (o). 
 
 The petition cannot be placed in the list of petitions 
 until after eight clear days from the filing of the chief 
 clerk's certificate as to creditors (p). 
 
 When the petition has been presented, application may 
 be made ex parte by summons in chambers for directions 
 as to the proceedings to be taken for settling the list of 
 creditors entitled to object to the proposed reduction ; 
 and the Judge may thereupon fix the date with reference 
 to which the list of such creditors is to be made out (q) ; 
 and may at the same time or afterwards give such direc- 
 
 Placing in 
 list. 
 
 Proceedings 
 after petition 
 presented. 
 
 W. N. (1877), 31 ; Patent Venti- 
 lating Co., 12 Ch. D. 254. 
 
 (k) Companies Act, 1877, s. 4. 
 
 (I) For definition of Court, see 
 Companies Act, 1867, s. 12. 
 
 (m) Companies Act, 1867, s. 11. 
 
 () Gen. Ord. March, 1868, r. 2 ; 
 
 Patent Ventilating Co, supra. 
 
 (o) Gen. Ord. March, 1868, r. 5. 
 As to when the directions may be 
 given, see ibid. r. 4, infra. 
 
 (p) Gen. Ord. March, 1868, r. 3. 
 
 (<?) Pursuant to Companies Act. 
 1867, s. 13.
 
 REDUCTION OF CAPITAL. 191 
 
 tions as are mentioned in the 5th and 6th rules of the 
 Gen. Ord. March, 1868 (r). 
 
 Every creditor who, at the date fixed by the Court, is Who entitled 
 entitled to any debt or claim which, if that date were the 
 commencement of the win ding-up of the company, would 
 be admissible in proof against the company, is entitled to 
 be entered on the list of creditors (s). Debenture holders 
 are also entitled to be entered (t). 
 
 When the reduction of capital does not involve either 
 the diminution of any liability in respect of unpaid capital 
 or the payment to any shareholder of any paid-up capital, 
 the creditors of the company shall not, unless the Court 
 otherwise direct, be entitled to object or be required to 
 consent to the reduction (it). 
 
 The company must, within such time as the Judge Affidavit as to 
 shall direct (x), file in the Record and Writ Office, now 
 the Central Office, an affidavit, made by some officer or 
 officers of the company competent to make the same, 
 verifying a list containing the names and addresses of the 
 creditors of the company at the date fixed as aforesaid, 
 and the amounts due to them respectively ; and must 
 leave the said list, and an office copy of such affidavit, 
 at the chambers of the Judge (y). 
 
 The person making such affidavit shall state therein his 
 belief that such list is correct, and that there was not at 
 the date so fixed as aforesaid any debt or claim, which, 
 if that date were the commencement of the winding- up of 
 the company, would be admissible in proof against the 
 company, except the debts set forth in such list, and shall 
 
 (r) Gen. Ord. March, 1868, r. 4. (x) As to when such directions 
 
 (s) Companies Act, 1867, s. 13. may be given, see Gen. Ord. March, 
 
 (t) Cridit Fonder, L. R. 11 Eq. 1868, r. 4, ante. 
 356 ; Patent Ventilating Co., 12 (y) Gen. Ord. March, 1868, r. 6. 
 
 Ch. D. 254. As to Central otiice, sec R. S. C. 
 
 () Companies Act, 1877, s. 4. Dec. 1879.
 
 192 
 
 COMPANIES ACTS, 1867, 1877. 
 
 Inspection of 
 list. 
 
 Notice to cre- 
 ditors. 
 
 Advertisement 
 of list. 
 
 state his means of knowledge of the matters deposed to in 
 such affidavit (z). 
 
 Copies of such list shall be kept by the company and 
 their solicitors, and may be inspected on payment of one 
 shilling (a). 
 
 The company shall, within seven days after the filing of 
 such affidavit, or such further time as the Judge may 
 allow, send by post to each creditor in the said list a 
 notice stating the amount of the proposed reduction, and 
 the amount of the debt for which he is entered in the list, 
 and the time (to be fixed by the Judge) within which, if 
 he claims a larger amount, he must send in his name and 
 address, and the particulars of his claim, and the name 
 and address of his solicitor, to the solicitor of the com- 
 pany (6). 
 
 Service of such notice on creditors residing abroad will 
 be dispensed with, on the company bringing into Court 
 the amounts set opposite to their names in the said list, 
 and on giving them notice that this has been done (c). 
 
 Notice of the list of creditors shall, after the filing of 
 the affidavit, be published at such times, and in such 
 newspapers, as the Judge shall direct. Every such 
 notice shall state the amount of the reduction, and the 
 places where the list of creditors may be inspected, and 
 the time within which creditors, not entered on the said 
 list, and desirous of being entered therein, must send 
 in their names and addresses, and the particulars of 
 their claim, and the names and addresses of their soli- 
 citors (if any), to the solicitor of the company (d). 
 
 (z) Gen. Ord. March, 1868, r. 7. 
 For form of affidavits, see Schedule 
 to same Order, form 3. 
 
 (a) Gen. Ord. March, 1868, r. 8. 
 
 (b) Ibid. T. 9. For form of 
 
 notice, see Schedule to same Order, 
 form 4. 
 
 (c) West Indian Steam-Packet 
 Co., 19 L. T. K S. 310. 
 
 (d) Gen. Ord. March, 1868, r. 10.
 
 EEDUCTION OP CAPITAL. 193 
 
 The company shall, within such time as the judge shall Affidavit as to 
 
 J ' . . . . result of no- 
 
 direct, file an affidavit made by their solicitor stating the tices. 
 
 result of such notices respectively, and verifying a list 
 containing the names and addresses of the persons (if 
 any) who shall have sent in the particulars of their claims, 
 and the amount of such claims ; and some competent 
 officer or officers of the company shall join in such affi- 
 davit, and shall distinguish which claims are admitted 
 and which disputed by the company ; and such list, and 
 an office copy of such affidavit, shall, within such time as 
 the judge shall direct, be left at the chambers of the 
 judge (e). 
 
 If any claim shall not be admitted, then, unless the Proceedings 
 company are willing to set apart the full amount of such no t admitted. 
 claim, the company shall, if the judge think fit so to 
 direct, send to the creditor a notice to come in and prove 
 such claim by a day to be therein named, being not less 
 than four clear days after such notice, and being the time 
 appointed by the judge for adjudicating upon such claims ; 
 and such notice shall be sent by post (/). 
 
 Such creditors as come in to prove their claims shall be Costs of proof, 
 allowed their costs of proof against the company, and be 
 answerable for costs in the same manner as in the case of 
 persons coming in to prove debts under a decree in a 
 cause (g). 
 
 Where a creditor, whose name is entered on the list of Court may dis- 
 creditors, and whose debt or claim is not discharged or consent of 
 determined, does not consent to the proposed reduction, gggu^'behi" 
 the Court may, if it think fit, dispense with such consent, e iven for his 
 
 debt. 
 
 on the company securing the payment of the debt or 
 
 (e) Gen. Ord. March, 1868, r. 11. 12. For form of notice, see 
 
 For form of affidavit, see schedule schedule to same order, form, 7. 
 
 to same order, form, 6. (g) Gen. Ord. March, 1868, r. 
 
 (/) Gen. Ord. March, 1868, r. 13.
 
 194 COMPANIES ACTS, 1867, 1877. 
 
 claim of such creditor by setting apart and appropriating, 
 in such manner as the Court may direct, a sum of such 
 amount as is hereinafter mentioned : (that is to say,) 
 
 (1.) If the full amount of the debt or claim is ad- 
 mitted by the company, or, is such as the com- 
 pany are willing to set apart and appropriate, 
 then the full amount of the debt or claim shall 
 be set apart and appropriated : 
 
 (2.) If the full amount of the debt or claim is not 
 admitted, and is not such as the company are 
 willing to set apart and appropriate, or if the 
 amount is contingent or not ascertained, then 
 the Court may, if it think fit, inquire into and 
 adjudicate upon the validity of such debt or 
 claim, and the amount for which the company 
 may be liable in respect thereof, in the same 
 manner as if the company were being wound up 
 by the Court, and the amount fixed by the 
 Court on such inquiry and adjudication shall be 
 set apart and appropriated (h). 
 
 Where all the creditors had been paid or consented, 
 except one trade creditor for 80s., and three debenture 
 holders to whom 4000 was due, and the three debenture 
 holders had neither assented nor dissented, the Court 
 refused to confirm the resolution, unless the three deben- 
 ture holders consented or unless the 4000 was paid into 
 Court, and unless the creditor for 80s. was paid or the 
 sum deposited (i). 
 
 Chief clerk's The result of the settlement of the list of creditors shall 
 to creditors, be stated in a certificate of the chief clerk, and such certi- 
 ficate shall state what claims have been disallowed, and 
 
 (h] Companies Act, 1867, s. 14. (i) Patent Ventilating Co., 12 Ch. 
 
 D. 254.
 
 HEDUCTION OF CAPITAL. 195 
 
 shall distinguish the claims which the company are willing 
 to set apart and appropriate, and the claims which have 
 been fixed by inquiry and adjudication, and the claims 
 which are not admitted by the company, nor such as the 
 company are willing to set apart and appropriate, and the 
 amount of which has not been fixed by adjudication ; and 
 shall show which creditors have consented in writing to 
 the proposed reduction, and the total amount of debts or 
 claims due to them, and the total amount of the debts 
 or claims which have been secured in manner aforesaid, 
 and the persons to or by whom the same are due or 
 claimed ; but it shall not be necessary to show the several 
 amounts of the debts or claims of any persons who have 
 consented or the payment of whose debts or claims has 
 been secured as aforesaid (k). 
 
 After the expiration of eight clear days from the filing Placing pcti- 
 of the certificate, the petition may be placed in the list of tlon m hst ' 
 petitions, upon a note from the chief clerk to the secre- 
 tary of the Lord Chancellor or of the Master of the Rolls, 
 stating that the certificate has been filed and become 
 binding (Z). 
 
 Before the hearing of the petition, notices stating the Advertisement 
 day on which the same is appointed to be heard shall be 
 published at such times and in such newspapers as the 
 judge shall direct (m). 
 
 The Court may, if it thinks fit, require the company to 
 publish the reasons for, and the causes which led to, the 
 reduction, and such other information in regard to the 
 reduction as it may think expedient (n), 
 
 Any creditor settled on the list whose debt or claim has Creditors may 
 
 appear. 
 
 (&) Gen. Ord. March, 1868,r . notice, see schedule to same order, 
 
 14 ; and Ord. March, 1869. form, 8. 
 
 (I) Gen. Ord. March, 1868, r. 15. () The Companies Act, 1877, a. 
 
 (m) Ibid. r. 10. For form of 4. 
 
 2
 
 196 
 
 COMPANIES ACTS, 1867, 1877. 
 
 Costs of ap- 
 pearance. 
 
 not been discharged or secured in manner above mentioned, 
 and who has not before the hearing signed a consent to 
 the proposed reduction, may, if he think fit, upon giving 
 two clear days' notice to the solicitor of the company of 
 his intention so to do, appear at the hearing of the peti- 
 tion and oppose the application (o). 
 
 Where a creditor so appears whose claim is not admitted, 
 and has not been inquired into and adjudicated upon as 
 aforesaid, the costs of and occasioned by his appearance 
 shall be dealt with as to the Court shall seem just ; but in 
 all other cases, a creditor so appearing shall be entitled to 
 his costs, unless the Court shall be of opinion that under 
 the circumstances of the particular case his costs ought 
 not to be allowed (p). 
 
 When the petition comes on to be heard, the Court 
 may, if it shall think fit, give such directions as may seem 
 proper with reference to securing in manner aforesaid the 
 payment of the debts or claims of any creditors who do 
 not consent to the proposed reduction ; and the further 
 hearing may be adjourned for the purpose of allowing 
 steps to be taken for securing such payment (q). 
 
 Form of order. On the hearing of the petition, the Court, if satisfied 
 that, with respect to every creditor who is entitled to 
 object to the reduction, either his consent has been 
 obtained, or his debt has been discharged or secured in 
 manner aforesaid, may make an order confirming the 
 reduction, on such terms and subject to such conditions 
 as it deems fit ( r). 
 
 The order confirming the reduction shall give directions 
 as to the manner in which notice of the registration of 
 
 Directions on 
 the hearing. 
 
 17. 
 
 (o) Gen. Ord. March, 1868. r. 
 
 (p) Ibid. T. 18, 
 (q) Ibid. r. 19. 
 
 (r) Companies Act, 1867, s. 11 ; 
 Patent Ventilating Co., 12 Ch. D. 
 254.
 
 REDUCTION OF CAPITAL. 197 
 
 the order and of the minute mentioned below is to be 
 published, and shall fix the date until which the words 
 " and reduced " are to form part of the name of the 
 company (s). 
 
 The Registrar of Joint Stock Companies, upon produc- Order and 
 tion to him of the order, and delivery to him of a copy of re gj stere( j 
 the order, and of a minute (approved by the Court) show- 
 ing the amount of the capital as altered by the order, the 
 number of shares into which it is to be divided, the 
 amount of each share, and the amount deemed to be paid 
 up on each share (t), shall register the order and minute ; 
 and on such registration the special resolution confirmed 
 by the order shall take effect (u). 
 
 The minute when registered shall form part of the Minute, 
 memorandum of association of the company (x) ; and shall 
 be embodied in every copy of such memorandum issued 
 after its registration (y). 
 
 (s) Gen. Ord. March, 1868, r. (u) Companies Act, 1867, s. 15. 
 20. (x) Ibid. s. 16. 
 
 (0 Companies Act, 1877, s. 4. (y) Ibid. s. 18.
 
 CHAPTER XIX. 
 
 Arrangement 
 with creditors. 
 
 Debenture 
 holders. 
 
 Majority. 
 
 JOINT STOCK COMPANIES ARRANGEMENT ACT, 1870. 
 
 WHERE any compromise or arrangement is proposed 
 between a company, which is being wound up, and its 
 creditors, the Court may, on the application in a summary 
 way of any creditor or the liquidator, order a meeting of 
 such creditors to be summoned ; and if a majority in 
 number, representing three-fourths in value, of such cre- 
 ditors agree to an arrangement or compromise, such ar- 
 rangement or compromise shall, if sanctioned by an order 
 of the Court, be binding on all the creditors, and also on 
 the liquidator and contributories of the company (a). 
 
 It is necessary that the claims of the individual creditors 
 who compose the majority should be capable of being 
 estimated (6). 
 
 Debenture holders are creditors for the purpose of 
 agreeing to the arrangement (c) ; but holders of deben- 
 tures passing by delivery are not entitled to vote, 
 unless they produce their debentures at or before the 
 meeting (d). 
 
 Only those creditors who were present at the meeting 
 
 (a) 33 & 34 Vic. c. 104, s. 2. 
 Compare Companies Act, 1862, ss. 
 136, 159, 160. 
 
 (6) Albert Life Ass,, L. R. 6 Ch. 
 381. 
 
 (c) Slater v. Darlaston Co., W. 
 N. (1877), 139, 165. 
 
 (d) Wedgwood Coal Co., 6 Ch. D. 
 627.
 
 ARRANGEMENT WITH CREDITORS. 199 
 
 are to be attended to ; and three-fourths in value of those 
 present are sufficient to sanction the arrangement (e). 
 
 The Court will not sanction an arrangement, if persons Boni fides. 
 voting in favour of the scheme are not acting bond fide 
 in the interests of the creditors (/) ; nor where the peti- 
 tioner is not a creditor, but has bought up the debts and 
 petitions for his own personal benefit ((/). 
 
 If the arrangement has received the sanction of the When sanction 
 majority of the contributories and creditors, and also the 
 sanction of the Court, it is not material in what order 
 these sanctions have been obtained. When the arrange- 
 ment is a fair one, and likely to be beneficial to all 
 parties, the Court will not be astute to find technical 
 defects in the proceedings (A). 
 
 The Court will not as a general rule sanction an Preferential 
 arrangement which would prejudice a creditor whose 
 rights would have been preferential if the petition had 
 been carried on. Where, therefore, a judgment creditor 
 delayed issuing execution on the representation of the 
 company that they did not intend to present a winding-up 
 petition, the Court refused to sanction an arrangement 
 from which the judgment creditor dissented, though all 
 the other creditors agreed to the scheme (). 
 
 The usual practice is to apply in chambers for direc- Practice, 
 tions as to holding the meeting ; and when the sanction 
 of the majority has been obtained, to present a petition 
 for the sanction of the Court (j}. 
 
 Where a petition is presented in the first instance, it 
 
 (e) Bessemer Steel Co., 1 Ch. D. D. 605. 
 
 251. (i) RicJiards & Co., 11 Ch. D. 
 
 (/) Wedgwood Coal Co., 6 Ch. 676. 
 
 D. 627. (j) Bessemer Steel Co., supra ; 
 
 (g) International Contract Co., Wedgwood Coal Co., supra ; Pal- 
 
 26 L. T. N. S. 358. mer, 588 ; but see Dyncvor Dy/ryn 
 
 (K) Dync-cor Dyffryn Co., 11 Ch. Co., 11 Ch. D. 605.
 
 200 JOINT STOCK COMPANIES ARRANGEMENT ACT. 
 
 will be directed to stand over until after a meeting has 
 been held (&) 
 
 Title of peti- The petition must be intituled in the matter of the 
 Joint Stock Companies Arrangement Act, 1870, as well as 
 in the matter of the Companies Acts, 1862 and 1867, 
 and in the matter of the company in question (I). 
 
 Costs. The costs of all parties, except dissentient creditors, 
 
 have been ordered to be paid out of the estate (m). 
 
 (k) Slater v, Darlaston Co.,V?. N. (I) Slater v. Darlaston, supra. 
 
 (1877), 139, 165 ; and see Western For form of petition, see Palmer, 
 
 of Canada Co., W. N. (1874), 148 : p. 579; and post. 
 where a meeting of creditors and (m) Tunis Railways Co., W. N. 
 
 contributories was ordered. (1874), 121.
 
 CHAPTER XX. 
 
 RAILWAY COMPANIES ACT, 1867. 
 A SCHEME of arrangement between a railway company Application, 
 
 r^ h w m ade. 
 
 and its creditors must be confirmed by the Court (a). 
 The application is by petition, and may be made by the 
 directors of the company if, within three months after the 
 filing of the scheme, or within such extended time as 
 the Court thinks fit to allow, the directors consider the 
 scheme to be assented to as required by the Act (6). 
 
 The scheme shall be deemed to be assented to by the Assents, 
 holders of mortgages or bonds if assented to in writing 
 by three-fourths in value of such holders, and shall be 
 deemed to be assented to by the debenture stock holders 
 if assented to by three-fourths in value of the holders of 
 such stock (c). 
 
 When any rent-charge or other payment is charged on 
 receipts of, or is payable by the company in consideration 
 of the purchase of the undertaking of another company, 
 the scheme shall be deemed to be assented to by the 
 holders of such rent-charge or other payment when it is 
 assented to in writing by three-fourths in value of such 
 holders (d). 
 
 (a) Railway Companies Act, 1867 (c) Ibid. s. 10. 
 (30 & 31 Vic. c. 127), a. 18. (d) Ibid. s. 11. 
 
 (b) Ibid. s. 16.
 
 202 RAILWAY COMPANIES ACT, 1867. 
 
 The scheme shall be deemed to be assented to by the 
 guaranteed or preference shareholders if assented to in 
 writing by three-fourths in value of such holders, or, if 
 there are more classes than one of such holders, by three- 
 fourths in value of each such class (e). 
 
 It shall be deemed to be assented to by the ordinary 
 shareholders if assented to at an extraordinary general 
 meeting specially called for that purpose (/). 
 
 Where the company are lessees of a railway, the scheme 
 shall be deemed to be assented to by the leasing company 
 when it is assented to as follows : In writing by three- 
 fourths in value of the holders of mortgages, bonds, and 
 debenture stock of the leasing company ; If there is only 
 one class of guaranteed or preference shareholders of the 
 leasing company, then in writing by three-fourths in 
 value of such class, and if more than one class, by three- 
 fourths in value of each class ; By the ordinary share- 
 holders of the leasing company at an extraordinary 
 general meeting of that company specially called for that 
 purpose (gr). 
 
 Where no as- But the assent of any class of holders of mortgages, 
 sary. bonds, or debenture stock, or of any class of holders of a 
 
 rent-charge or other payment as aforesaid, or of any class 
 of guaranteed or preference shareholders, or of a leasing 
 company, shall not be requisite if the scheme does not 
 prejudicially affect any right or interest of such class or 
 company (h). 
 
 Formofpeti- The petition must be presented by the directors or 
 the majority of them. Such petition shall not set forth 
 the scheme, but only refer thereto (i). 
 
 (e) Railway Companies Act, 1867, (i) Ord. 24 Jan. 1868, r. 15. 
 
 s. 12. For form of petition, see third 
 
 (/) Ibid. s. 14. schedule to same order, form, 2 ; 
 
 (g) Ibid. s. 15. and post, 
 (h) Ibid. s. 13.
 
 SCHEME OF ARRANGEMENT. 203 
 
 When the petition is presented the directors shall Advertisement 
 
 1-11 i 1-11 ^ petition- 
 
 apply in chambers to appoint a day on which the same 
 
 is to come into the paper for hearing, such day not to 
 be before the expiration of three weeks from the time of 
 such application, and shall cause a notice of the pre- 
 sentation thereof to be inserted in the London Gazette, 
 and in such two London daily morning newspapers, or in 
 such two local newspapers as the judge in chambers shall 
 direct. Such notice shall state the day on which the 
 scheme was filed, and the day on which the petition was 
 presented, and the day on which the same is directed to 
 come into the paper for hearing, and the name and 
 address of the solicitor and London agent (if any) of the 
 company (k). 
 
 The petition shall not come on to be heard until at least 
 fourteen clear days after the insertion of such notice as 
 aforesaid (I). 
 
 Such notice shall at least once in every entire week, 
 reckoned from Sunday morning to Saturday evening, 
 which shall have elapsed between the time of the first 
 insertion thereof, and the day on which the petition is 
 directed to come into the paper for hearing, be again 
 inserted in such two London or local newspapers as 
 aforesaid on such day or days as the judge in chambers 
 shall direct (m). 
 
 The petitioners presenting the petition as aforesaid Who may bo 
 shall, for the purposes of such petition, be treated as heardl 
 representing the company, and the company shall not 
 otherwise appear on the hearing of the petition (n). 
 
 Any creditor, shareholder, or other party whose rights 
 or interests are affected by the scheme, and who shall 
 
 (k) Ord. 24 Jan. 1868, r. 17. (I) Ord. 24 Jan. 1868, r. 18. 
 For form of notice, see third (m) Ibid. 
 schedule to same order, form, 3. (n) Ibid. r. 16.
 
 204 
 
 RAILWAY COMPANIES ACT, 1867. 
 
 Order. 
 
 Minority is 
 bound. 
 
 Outside credi- 
 tors. 
 
 be desirous to be heard in opposition to the confirmation 
 thereof, shall, at least two clear days before the day 
 appointed for hearing, enter an appearance, and in default 
 of so doing, shall not be entitled to be heard, unless by 
 special leave of the Court (o). 
 
 Any person so entering an appearance shall be deemed 
 to have submitted himself to the jurisdiction of the Court 
 as to the payment of costs and otherwise (p). 
 
 After hearing the directors, and any creditors, share- 
 holders, or other parties whom the Court thinks entitled 
 to be heard on the application, the Court, if satisfied that 
 the scheme has been, within three months after the filing 
 of it, or such extended time (if any) as the Court has 
 allowed, assented to as required by the Act, and that no 
 sufficient objection to the scheme has been established, 
 may confirm the scheme (^). 
 
 Where a scheme has been assented to by the statutory 
 three-fourths of any class, the minority will be bound 
 unless they can show that the majority was obtained by 
 fraud (r). A debenture holder, though he has obtained 
 judgment, is still bound by the scheme (s). 
 
 Unpaid landowners and outside creditors generally, 
 are not in any way bound by the scheme (t) ; and their 
 assent is not required (u). They ought not therefore to 
 appear at the hearing (w). 
 
 The Court will not confirm a scheme which attempts 
 
 (o) Ord. 24 Jan. 1868, r. 19 ; 
 Bristol & Somerset Ely., L. R. 6 Eq. 
 448, 455. 
 
 (p) Ord. 24 Jan. 1868, r. 20; 
 Bristol & Somerset Ely. , supra. 
 
 (q) Railway Companies Act, 1867, 
 s. 17. 
 
 (r) East d; West Junction Ely., 
 L. R, 8 Eq. 87. 
 
 (s) Potteries Ely. Co. v. Minor, 
 
 L. R. 6 Ch. 621. 
 
 (t) Cambrian Ely. Co., L. R. 3 
 Ch. 278 ; Stevens v. Mid-Hants 
 Ely., L. R. 8 Ch. 1064 ; Teign 
 Valley Ely., 17 W. R. 817. 
 
 (u) East & West Junction Ely., 
 supra. 
 
 (w) Kington Ely. Co., W. N. 
 (1877), 33.
 
 SCHEME OF ARRANGEMENT. 205 
 
 to bind outside creditors unless it has their written 
 consent (a:). 
 
 The Court has no power to confirm a scheme which 
 alters the constitution of the company (y). 
 
 The order confirming the scheme must he enrolled, Enrolment of 
 but not until the expiration of thirty days from the 
 day of the same having been pronounced, exclusive of 
 vacations (z). 
 
 The order must be advertised once in every entire Advertisement 
 
 . n , . of order. 
 
 week between the pronouncing of the order, and the 
 expiration of the thirty days aforesaid in the two news- 
 papers appointed by the judge as aforesaid ; and the 
 clerk of records and writs shall not give his certificate 
 that the docket of the enrolment is correct^ unless the 
 newspapers containing such advertisements be produced 
 to him (a). 
 
 No caveat shall be entered to stay the enrolment ; but 
 every such order may be enrolled at the expiration of the 
 thirty days, unless in the meantime a petition for rehear- 
 ing shall have been presented, and an order for setting 
 down such petition obtained and served (b). 
 
 No petition for a rehearing shall unless by special llehearing. 
 leave be presented after the expiration of the thirty 
 days aforesaid (c). 
 
 Where an order has been made confirming a scheme, 
 no person who has neither entered an appearance as 
 
 (x) Bristol <fc Somerset Rly., L. (2) Railway Companies Act, 1867, 
 
 R. 6 Eq. 448 ; Stephens v. Cork s. 18 ; Ord. 24 Jan. 1868, r. 21 ; 
 
 Ely., Ir. R. 6 Eq. 604 ; and see but see Hastie v. Hastie, 1 Ch. D. 
 
 Somerset <L Dorset Ely., 18 W. R. 562. 
 333. (a) Ord. 24 Jan. 1868, r. 22. 
 
 (y) Sta/ord & Uttoxeter Ely., 41 (b) Ibid. r. 24 ; but see St. Na- 
 
 L. J. Ch. 777 : where it was pro- zaire Co., 12 Ch. D. 88. 
 posed to give debenture stock (c) Ibid. r. 25 ; but see St. Na- 
 
 holders a right to vote. zaire Co., supra.
 
 206 RAILWAY COMPANIES ACT, 1867. 
 
 aforesaid nor by special leave has been heard in opposi- 
 tion as aforesaid may present a petition for rehearing 
 unless by special leave (d). 
 
 Notice of the confirmation and enrolment of the scheme 
 must be published in the Gazette (e). 
 
 (d) Ord. 24 Jan. 1868, r. 26 ; re 12 Ch. D. 88. 
 
 Devon Railway Co., W. K (1868), (c) KaUway Companies Act, 1867, 
 
 238 ; but see St. Nazairc Co., s. 19.
 
 CHAPTER XXI. 
 
 LIFE ASSURANCE COMPANIES ACTS, 1870 TO 1872. 
 
 WHERE it is intended to amalgamate two or more Petition for 
 
 f :, Tf -i ? amalgamation 
 
 companies, or to transfer the life assurance business of one or transfer. 
 company to another, the directors of any one or more of 
 such companies may apply to the Court, by petition, to 
 sanction the proposed arrangement, notice of such appli- 
 cation being published in the Gazette; and the Court, 
 after hearing the directors and other persons whom it 
 considers entitled to be heard upon the petition, may 
 confirm the same if it is satisfied that no sufficient 
 objection to the arrangement has been established (a). 
 
 Before any such application is made to the Court, a Notice to 
 statement of the nature of the amalgamation or transfer, P ]lc y- hol( krs. 
 together with an abstract containing the material facts 
 embodied in the agreement or deed under which such 
 amalgamation or transfer is proposed to be effected, and 
 copies of the actuarial or other reports upon which such 
 agreement or deed is founded, shall be forwarded to each 
 policy-holder of both companies in case of amalgamation, 
 or to each policy-holder of the transferred company in 
 case of transfer, by the same being transmitted in manner 
 provided by the Companies Clauses Consolidation Act, 
 1845, s. 130, for the transmission to shareholders of notices 
 not requiring to be served personally (b). 
 
 The agreement or deed under which such amalgamation Inspection of 
 or transfer is effected shall be open for the inspection of 
 
 (a) Life Assurance Companies (b) Ibid. As to winding up nssur- 
 
 Act, 1870, a. 14. ance companies, see ante, p. 164.
 
 208 LIFE ASSURANCE COMPANIES ACTS. 
 
 the policy-holders and shareholders at the office or offices 
 of the company or companies for a period of fifteen days 
 after the issuing of the abstract (c). 
 
 Dissent of The Court shall not sanction any amalgamation or 
 
 policy-holders, transfer in any case in which it appears to the Court that 
 policy-holders (d) representing one-tenth or more of the 
 total amount assured in any company which it is proposed 
 to amalgamate or in any company the business of which 
 it is proposed to transfer, dissent from such amalgamation 
 or transfer (e). 
 
 Sanction of No company, whose business comprises the business of 
 
 ourt neces- j.^ assurancej S ^Q]I amalgamate with, or transfer its busi- 
 
 octi j. 
 
 ness to another, unless such amalgamation or transfer is 
 confirmed by the Court in manner above mentioned (/). 
 Deposit of do- Within ten days from the completion of the amalgama- 
 
 cuments with . ,, , , . , , 
 
 Board of Trade, tion or transfer, the combined or purchasing company 
 shall deposit with the Board of Trade certified copies of 
 statements of the assets and liabilities of the companies 
 concerned, together with a statement of the nature and 
 terms of the amalgamation or transfer, and a certified 
 copy of the deed of amalgamation or transfer, and certified 
 copies of the reports, and a declaration by the chairman 
 and manager of each company that all payments in 
 respect of the amalgamation or transfer are fully set forth 
 in the statement and deed, and that there are no other 
 payments, made or to be made (g). 
 
 Investment Applications for investment and payment out of moneys 
 
 out oTdeposit. deposited under the Life Assurance Companies Acts, 1870 
 to 1872, are made by petition (h). 
 
 (c) Life Assurance Companies Act, 1870, s. 14. 
 Act, 1870, s. 14. (/) Ibid. 
 
 (d) This includes an annuitant, (g) Ibid. s. 15. 
 
 see s. 2. (A) Board of Trade Rules, 28 
 
 (e) Life Assurance Companies Aug. 1872.
 
 CHAPTER XXII. 
 SOLICITOR'S CHARGE FOR COSTS. 
 WHERE a solicitor is employed to prosecute or defend Solicitors Act, 
 
 J . I860, s. 28. 
 
 any suit, matter, or proceeding, in any Court of justice, 
 
 the Court or judge, before whom such suit, matter, or 
 proceeding has been heard or is depending, may declare 
 the solicitor entitled to a charge upon the property 
 recovered or preserved. Upon such declaration being 
 made the solicitor shall have a charge upon, and a right 
 to payment out of, the property recovered or preserved 
 through the instrumentality of such solicitor, for the 
 taxed costs, charges, and expenses, of or in reference to 
 such suit, matter, or proceeding; and the Court or judge 
 may make such order for taxation, and for raising and 
 payment of such costs, charges, and expenses, out of the 
 property as to the Court or judge shall appear just and 
 proper (a). 
 
 No order shall be made where the right to recover 
 payment of such costs is barred by statute (a). 
 
 All conveyances and acts, unless made to a bond fide 
 purchaser for value without notice, shall be void and of 
 no effect as against such charge (6). 
 
 The declaration is usually made on petition, intituled in Application : 
 
 how made. 
 
 (a) Attorneys & Solicitors Act, (b) Attorneys & Solicitors Act, 
 1860 (23 & 24 Vic. c. 127), a. 28. 1860 (23 & 24 Vic. c. 127), a. 28.
 
 210 
 
 SOLICITORS ACT, 1860. 
 
 To what Court. 
 
 Service. 
 
 Who entitled 
 to a charge. 
 
 What property 
 is chargeable. 
 
 the matter of the action and of the Act(c). It has 
 been held that the order need not be intituled in the Act, 
 as well as in the action ; and that the application need 
 not be by petition, but may be made by summons (d). 
 In a subsequent case however the application was held to 
 be properly made by petition (e), 
 
 The order should be made- by the Division of the 
 Court to which the action is attached (/). Where an 
 action is brought in the Chancery Division, and after- 
 wards tried by a judge and jury, the order should be 
 made by the judge who tried the action (g) ; but the 
 Common Pleas Division has recently made a charging 
 order upon property recovered in the Common Pleas at 
 Lancaster (h). 
 
 Where the application is for an order charging the 
 share of a party to an action, it is not necessary to serve 
 the other parties to the action (i). 
 
 The lien is not personal to the solicitor but extends to 
 his personal representatives (k), and also to the London 
 agent (I). 
 
 A married woman's property is chargeable with the 
 costs of her suit (m) ; and the property of an infant is 
 chargeable with the costs of his next friend, on the infant's 
 coming of age (ri). 
 
 (c) Twynam v. Porter, L. R. 11 
 Eq. 181 ; Brown v. Trotman, 12 
 Oh. D. 880. 
 
 (d) Earner v. Giles, 11 Ch. D. 
 942 ; but see Brown, v. Trotman, 
 supra. 
 
 (e) Brown v. Trotman, 12 Ch. D. 
 880. 
 
 (/) He Fiddey, L. R. 6 Ch. 865 ; 
 Higgs v. Schroder, 3 C. P. D. 252. 
 
 (g) Owen v. Henshaw, 7 Ch. D. 
 385 
 
 (h) Callow v. Callow, 2 C.P. D. 362. 
 
 (i) Brown v. Trotman, 12 Ch. D. 
 880. 
 
 (k) Baile v. Baile, L. R, 13 Eq. 
 497, 509. 
 
 (I) Pcatfield v. Barlow, L. R. 8 
 Eq. 61 ; Cockayne v. Harrison, L. 
 R. 15 Eq. 298 ; Tardrew v. Howcll, 
 3 Giff. 381 ; Lawrence v. Fletcher, 
 W. K (1879), 153. 
 
 (m) Ee Keane, L. R. 12 Eq. 115. 
 
 () Baile v. Baile, L. R. 13 Eq
 
 CHARGE FOR COSTS. 211 
 
 The order declaring the charge may be made though 
 the suit has come to an end (o). 
 
 The charge extends only to the particular property in 
 the recovery or preservation of which the costs were in- 
 curred (p) ; and only to the costs of the particular suit in. 
 which the fund was recovered (q). There must have been 
 an actual recovery or preservation (r) ; but the charge is 
 not limited to the client's interest in the property recovered 
 or preserved (s). 
 
 The charge extends to property of all kinds (t), even to 
 a chose in action (u) ; but not to an easement (x). 
 
 Property has been held to have been "recovered or "Recovered or 
 preserved : " where a mortgagee obtained an ordinary fore- pl 
 closure decree (y) ; where a cestui que trust obtained the 
 appointment of a receiver in an action against a trustee, 
 though the action was afterwards compromised (z) ; where 
 an order was made under the Declaration of Titles Act (a) ; 
 where a cloud was removed from the plaintiff's title, 
 though the incumbrance itself was valueless (I) ; where a 
 defendant established his claim as second mortgagee in an 
 action in which judgment for foreclosure was given (c) ; but 
 not where an ordinary decree for administration and the 
 
 497 ; Pritchard v. Roberts, L. R. (t} Foxon v. Oascoigne, L. R. 9 
 
 17 Eq. 222 ; Bonscr v. Bradshaw, Cli. 654, 659. 
 
 4 Giff. 260. (u) Birchall v. Pugin, L. R. 10 
 
 (o) Re Fiddey, L. R. 6 Ch. 865 ; C. P. 397. 
 
 Jones v. Frost, L. R, 7 Ch. 773 ; (x) Foxon v. Gascoigne, supra. 
 
 Wilson v. Round, 12 W. R. (y) Wilson v. Round, 4 Giff. 
 
 402. 416. 
 
 (p) Exp. Thompson, 3 L. T. N. (z) Twynam v. Porter, L. R. 11 
 
 S. 317. Eq. 181. 
 
 (q) Hall v. Laver, 1 Ha. 571 ; (a.) Pritchard v. Roberts, L. R. 
 
 Lucas v. Peacock, 9 Beav. 177. 17 Eq. 222. " 
 
 (r) Pinkerton v. Easton, L. R. (6) Jones v. Frost, L. R. 7 Ch. 
 
 16 Eq. 490. 773. 
 
 (s) Bulley v. Bulky, 8 Ch. D. (c) Scholefield v. Lockwood, L. R. 
 
 479 ; Bailey v. Birchall, 2 H. & 7 Eq. 83. 
 M. 371. 
 
 P 2
 
 212 SOLICITOBS ACT, 1860. 
 
 appointment of new trustees, was made, and the suit was 
 not prosecuted beyond bringing in certain accounts (d). 
 
 Assignment or The charge on a fund in Court is not affected by assign- 
 ment or mortgage of the fund, whether with or without 
 notice, and though made with the knowledge of the 
 solicitor (e). 
 
 Charge on a Where an order has been made to pay the solicitor his 
 
 fvmd. CU costs out of a particular fund, he is not entitled to a 
 
 charging order on his client's interest (/); unless he has 
 been discharged before payment (g). 
 
 Lunatic's pro- A solicitor may obtain a charging order on the property 
 of a lunatic in respect of the costs of lunacy proceed- 
 ings (h) ; and though the lunatic is dead (i) ; but the order 
 must be made in Lunacy. 
 
 (d) Pirikerton v. Boston, L. B. (/) Re Viney, 18 L. T. K S. 853. 
 16 Eq. 490 ; but see Smith v. (g) Pilcher v. Arden, 7 Ch. D. 
 Winter, 18 W. E. 447. 318. 
 
 (e) Haymes v. Cooper, 33 Beav. (h) 16 & 17 Vic. c. 70, s. 116 ; 
 431 ; Faithfull v. Ewen, 7 Ch. D. 25 & 26 Vic. c. 86, ss. 11, 16. 
 
 495 ; Pilcher v. Arden, 7 Ch. D. (i) 23 & 24 Vic. c. 123, s. 29 ; 
 
 318. exp. Turner, 2 D. F. & J. 376.
 
 CHAPTER XXIII. 
 
 TAXATION OF -BILLS OF COSTS. 
 
 AN order for taxation of costs may be obtained on Petition of 
 petition of course at the Rolls where the application is 
 made (1) Within one calendar month from the delivery 
 of the bill, exclusive of the day on which the bill is deli- 
 vered (a) ; or (2) After one month and before the expira- 
 tion of twelve from delivery, provided there has been 
 no verdict or Avrit of enquiry in an action by the solicitor 
 to recover the amount, nor payment of the bill, not being 
 a mere payment on account (6). 
 
 But where the application is made twelve months after Where appii- 
 delivery ; or where it is made within that period, but after by summon?. * 
 a verdict, writ of enquiry, or payment ; or where there 
 are special circumstances, a special application must be 
 made to a judge at Chambers by summons (c). 
 
 A special application by summons is necessary where 
 the application is by one of several persons who gave a 
 
 (a) Attorneys & Solicitors Act, 19 Beav. 314 ; re Winterbottom, 15 
 
 1843 (6 & 7 Vic. c. 73), s. 37; Beav. 80. For form of petition, see 
 
 Blunt v. Hcslop, 8 Ad. & Ell. 577 ; post. 
 
 re Becke, 5 Beav. 406, 409 ; Holland (c) Gen. Ord. 17 April, 1861, r. 
 
 v. Qwynne, 8 Beav. 124. 1. As to taxation of costs payable 
 
 (V) Re Gaitskdl, 1 Phil. 576 ; re under an agreement between soli- 
 
 Pcndcr, 2 Phil. 69 ; re Woodard, citor and client, see post, p. 217, 
 
 18 W. R. 37 ; and see re Hollaiid, ct scq.
 
 214 SOLICITORS ACT, 1843. 
 
 joint retainer (d) ; where the client has settled and signed 
 an account including the bill of costs (e) ; where the pro- 
 fessional employment or retainer is disputed (/) ; where 
 the application is to tax one of several bills or a bill in- 
 cluding only part of the costs (g) ; or where the application 
 is by cestui que trusts for taxation of bills of trustees, 
 executors, or administrators (h~). 
 
 But a special application is not rendered necessary by 
 the fact that the solicitor has brought an action for his 
 bill (i), or pleaded it by way of set-off in an action by his 
 client (/ ), or that there is a special agreement which does 
 not preclude taxation (A;). 
 
 Who may The application may be made by the person charge- 
 
 able (I) ; or by a married woman, who has agreed to make 
 her separate estate liable (m), by her next friend (n) ; or 
 by the next friend of an infant (o) ; or by the executors of 
 the person chargeable ( p) ; or by a trustee in bankruptcy 
 if he undertake to pay the bill (q) ; or by a party in 
 contempt (r) ; but not by a bankrupt (s), even though he 
 has obtained his discharge (t). 
 
 Title of peti- The petition should be intituled in the matter of the 
 
 tion. 
 
 (d) He Ilderton, 33 Beav. 201 ; (I) 6 & 7 Vic. c. 73, s. 37 ; i* 
 re Kitton, 35 Beav. 369 ; re Hair, Newman, L. B. 2 Ch. 707 ; re 
 10 Beav. 187 ; exp. Ford, 5 D. M. Heritage, 3 Q. B. D. 726. 
 
 & G. 35. (m) Waugh v. Wadddl, 16 
 
 (e) Re Holland, 19 Beav. 314. Beav - 521 - 
 
 (/) Re Eldridge, 12 Beav. 387 ; W Seton > 608 > re Waugh, 15 
 
 re Thurgood, 19 Beav. 541-. Beav - 508 - 
 
 (g) Re Law & Gould, 21 Beav. () Re Fluker, 20 Beav. 143. 
 
 481 ; re Yetts, 33 Beav. 412 ; exp, (P) Je/erson v. Warrington, 7 
 
 Jarman, 4 Ch. D. 835. M - & w - 13 ?- 
 
 (h) Re Straford, 16 Beav. 27 ; (?) -^ Elmslie, L. E. 9 Eq. 72. 
 
 see re Brown, L. E. 4 Eq. 464. ( r ) Newton v. Ricketls, 11 Beav. 
 
 (i) Re Field, W. N. (1877), 244 j 67 - 
 
 re Farington, 33 Beav. 346. (s) Re Halsall, 11 Beav. 163. 
 
 ( j) Re David, 30 Beav. 278. (0 Re Leadbitter, 10 Ch. D. 388. 
 
 (*) Re Eyre, 2 Phil. 367.
 
 TAXATION OF COSTS. 215 
 
 London agent, as well as of the country solicitor, but it 
 need not be intituled in the matter of the Act (u). 
 
 The order should be served in the usual way on the Service, 
 party against whom it is obtained (y). Where the soli- 
 citor is not the applicant and the order directs the 
 delivery of his bill within a limited time, the order should 
 be indorsed and served in the usual manner (iv). 
 
 An order of course for taxation recites the statements Form of order, 
 of the petition, including the submission to pay what shall 
 be found due, where the application is not made by the 
 solicitor (x), and then directs the taxation, and production 
 by the client and solicitor upon, oath of books and papers 
 relating to the bill, and that they shall be examined as the 
 Master shall direct, and that the solicitor shall give credit 
 for all sums received on account of the client. The order 
 then directs payment of the costs of taxation, and directs 
 the Master to certify the balance due to the solicitor or 
 client, as the case may be ; and orders payment thereof 
 within a certain time (y). It is discretionary with the 
 Court whether to add a direction for delivery up of papers, 
 but in an ordinary case it will be inserted (s). The order 
 concludes with a direction that no proceedings shall be 
 commenced against the petitioner in respect of the bill. 
 No order can now be made to stay proceedings already 
 commenced (a). If the application is also for delivery of 
 the bill, the order will contain a direction for such deli- 
 very ; usually within a fortnight (6). 
 
 If a special application by summons is made where an 
 
 (w) Re Walton, 4 K. & J. 78. (x) Re Thurgood, 19 Beav. 541. 
 
 For form of petition, see jws. (y) Seton, 604, ct seq. 
 
 (v) Daniell, 1735 ; and see re (z) Exp. Jarman, 4 Ch. D. 835, 
 
 Hair, 10 Beav. 187. As to service 838. 
 
 of orders of course, see ante, p. 17. (a) lie Field, W. N. (1877), 244. 
 
 (w) Daniell, 903-905 ; and see (b) Daniell, 1737. 
 re Gregg, L. R. 9 Eq. 137, 143.
 
 216 SOLICITORS ACT, 1S43. 
 
 order of coarse might have been obtained, the applicant 
 will be ordered to pay the costs (c). 
 
 If an order of course is obtained where a special appli- 
 cation was necessary, it will be discharged for irregu- 
 larity (d). 
 
 (c) Re Cattlin, 8 Beav. 121 ; re re Lewin, 16 Beav. 608 ; re Ildcr- 
 
 Bignold, 9 Beav. 269 ; re Atkinson, ton, 33 Beav. 201 ; re Yctts, 33 
 
 26 Beav. 151 ; but see re Hair, 11 Beav. 412 ; re Bell, 2 H. & M. 
 
 Beav. 96. 501. 
 
 (rf) Ee Gedye, 15 Beav. 254, 257 ;
 
 CHAPTER XXIV. 
 
 AGREEMENTS AS TO COSTS. 
 
 WHERE an agreement is made between solicitor and Opinion of 
 client in respect of business done or to be done in any 
 action, the amount payable under such agreement shall 
 not be received by the solicitor, until such agreement has 
 been examined and allowed by a taxing officer of a court 
 having power to enforce the agreement. If it shall appear 
 to such taxing officer that the agreement is not fair and 
 reasonable, he may require the opinion of a Court or a 
 judge to be taken thereon by motion or petition; and 
 such Court or judge shall have power either to reduce the 
 amount payable under such agreement, or to order the 
 agreement to be cancelled and the costs to be taxed as if 
 no such agreement had been made (a).' 
 
 The opinion of the Court cannot however be required 
 until something is payible under the agreement (6). The 
 agreement must be si jned by 'the client (c). An agree- 
 ment not to take costs out of any money awarded in the 
 action is not within the section (d). 
 
 No action shall be brought upon any agreement be- Enforcing or 
 tween solicitor and client as to costs ; but every question se 
 
 (a) Solicitors Act, 1870 (33 & R. 10 Ex. 200, 209. 
 
 34 Viet. c. 28), s. 4. (c) Re Lewis, 1 Q. B. D. 724. 
 
 (b) lie Solicitors Act, 1 Ch. D. (d) Jennings v. Johnson, L. R. 8 
 573 ; and see Itces v. Williams, L. C. P. 425.
 
 218 SOLICITORS ACT, 1870. 
 
 respecting the validity or effect of any such agreement 
 may be examined and determined, and the agreement 
 may be enforced or set aside, without suit or action, on 
 motion or petition of any person, or the representative of 
 any person, a party to such agreement, or being or alleged 
 to be liable to pay, or being or claiming to be entitled to 
 be paid the costs, fees, charges, or disbursements, in 
 respect of which the agreement is made, by the Court in 
 which the business or any part thereof was done, or a 
 judge thereof, or if the business was not done in any 
 Court, then where the amount exceeds 50, by any supe- 
 rior Court or a judge thereof, or where the amount does not 
 exceed 50, by the judge of a county court (e). 
 
 The section only applies to such part of the agreement 
 as relates to costs ; and only to cases where the work has 
 been done and the money earned (/). 
 
 Upon any such motion or petition as aforesaid, if it 
 shall appear that such agreement is in all respects fair 
 and reasonable, the same may be enforced by the Court or 
 judge by rule or order in such manner and subject to 
 such conditions, if any, as to the costs of such motion or 
 petition as such Court or judge may think fit. If the 
 agreement shall not appear to be fair and reasonable, the 
 same may be declared void, and the Court or judge may 
 order the same to be delivered up to be cancelled, and 
 may direct the costs to be taxed as if the agreement had 
 not been made, and may make such order as to the 
 costs of and relating to such motion or petition and the 
 proceeding thereon as to the Court or judge may seem 
 fit (0). 
 Be-opening When the amount agreed for under any such agree- 
 
 agrcemont. 
 
 (e) Solicitors Act, 1870, s. 8. Ex. 200, 209. 
 
 (/) Eees\. Williams, L. E. 10 (g) Solicitors Act, 1870. s. 9.
 
 AGREEMENTS AS TO COSTS. 219 
 
 ment has been paid by or on behalf of the client, or by 
 any person chargeable with or entitled to pay the same, 
 any Court or judge having jurisdiction to enforce the 
 agreement (h) may, upon application by the person who 
 has paid such amount, within twelve months after the 
 payment thereof, if it appears to such Court or judge that 
 the special circumstances of the case require the agree- 
 ment to be re-opened, re-open the same, and order the 
 costs to be taxed, and the whole or any part of the amount 
 received by the solicitor to be repaid by him on such 
 terms and conditions as to the Court or judge may seem 
 just(i). 
 
 Where the agreement is made by the client in the Agreement by 
 capacity of guardian, or trustee, or committee of any te e ar &c. n> 
 person whose property will be chargeable with the amount 
 payable thereunder or with any part of such amount, the 
 agreement before payment shall be laid before the taxing- 
 officer of a Court having jurisdiction to enforce the agree- 
 ment (.;'), and such officer may disallow any part thereof, 
 or may require the direction of the Court or a judge to 
 be taken thereon by motion or petition ; and if in any 
 such case the client pay the amount or part thereof with- 
 out the previous allowance of such officer or Court or 
 judge, he shall be liable at any time to account to the 
 person whose property is charged for the amount so 
 charged ; and if the solicitor accept payment without 
 such allowance, the Court may order him to refund the 
 amount so received (7c). 
 
 If the solicitor die or become incapable to act before the Death or in- 
 agreement has been completely performed by him, any 
 party thereto or the representatives of any such party 
 
 (h) Solicitors Act, 1870. See (./) Seo s. 8, ante, p. 218. 
 a. 8, ant , p. 218. (*) Ib. B. 10. 
 
 (i) Ibid. s. 10.
 
 220 SOLICITORS ACT, 1870. 
 
 may apply to the Court to enforce or set aside such agree- 
 ment, so far as the same may have been acted upon, as if 
 such death or incapacity had not happened ; and the 
 Court, if it shall deem the agreement fair and reasonable, 
 may order the amount due in respect of the past per- 
 formance of the agreement to be ascertained by taxation ; 
 and payment of the amount found due may be enforced in 
 the same manner as if the agreement had been completely 
 performed by the solicitor (I). 
 Change of jf a client change his solicitor before the conclusion of 
 
 solicitor. . . 
 
 the business to which the agreement relates, the solicitor 
 shall be deemed to have become incapable to act within 
 the meaning of the last section ; and upon an order being 
 made for taxation of the amount due for past performance 
 the Court shall direct the taxing-master to have regard 
 to the circumstance under which the change of solicitor 
 took place; and upon such taxation the solicitor shall not be 
 deemed entitled to the full amount of the remuneration 
 agreed to be paid to him unless it shall appear that there 
 has been no default, negligence, improper delay, or other 
 conduct on his part affording reasonable ground to the 
 client for such change of solicitor (ra). 
 
 (Z) Solicitors Act, 1870, s. 13. (TO) Ibid. s. 14.
 
 CHAPTER XXV. 
 
 CHANGE OF SOLICITOR. 
 A PARTY cannot change his solicitor in any cause or Cases where an 
 
 ... . order is neces 
 
 matter without an order, to be obtained on motion or 8ary< 
 petition of course ; and until such order is obtained and 
 served, and notice thereof given to the Clerk of Records 
 and Writs, the former solicitor will be considered the 
 solicitor of the party (a). 
 
 An order is also necessary where a solicitor desires to 
 change his London agent in an action (6) ; and also where 
 a person who has employed a solicitor, afterwards desires 
 to prosecute the suit in person (c). So too where a 
 plaintiff desires to make an application in the suit sepa- 
 rately from his co-plaintiffs, an order for leave to appoint 
 a solicitor for that purpose is necessary (d) ; and where 
 the partnership is dissolved and it is desired to employ 
 one of the late firm it seems usual to obtain an order 
 appointing such member to be solicitor in the place of the 
 firm (e). 
 
 But an order is not necessary where the solicitor enters Cases where 
 into partnership subsequently to his appointment as necessary. 3 
 
 (a) Cons. Ord. III., 3; David- (b) Daniell, 1723. 
 son v. Leslie, 9 Beav. 104 ; fVright (c) Ibid. 1724. 
 v. King, 9 Beav. 161. As to Clerks (d) Ibid. 
 
 of Records and Writs, see now 42 & (e) Braithwaite's Pr. 565 ; Mutle- 
 
 43 Vic. c. 78 ; and R. S. C. Dec. bury v. Hay wood, 8 Jur. 1085. 
 1879. For form of petition,
 
 222 
 
 CHANGE OF SOLICITOR. 
 
 Order will not 
 provide for 
 costs. 
 
 Service. 
 
 Order when 
 discharged. 
 
 solicitor to the party (/) ; nor where a party sues or 
 defends in person and afterwards appoints a solicitor, 
 though an order is in such cases sometimes obtained (g) ; 
 nor is an order necessary where the solicitor or London 
 agent dies, but notice should be given to the Clerk of 
 Records and Writs and also to the solicitors of all the 
 other parties to the action (h). 
 
 Where the costs of all parties had been paid, and the 
 fund carried over to a separate account, it was held that 
 a party might present a petition for payment out by a 
 solicitor who had not been his solicitor in the cause with- 
 out any order to change (i). 
 
 It seems that where by death or otherwise new parties 
 are substituted, an order is not necessary, but notice should 
 be given in manner above-mentioned (f). 
 
 The rule at law as well as in equity, since the Judica- 
 ture Act, is that an order to change a solicitor shall be 
 made without any provision as to the payment of the 
 first solicitor's costs (k). 
 
 Notice of the order must be given to the Clerks of 
 Records and Writs by leaving it for entry in their books ; 
 but before doing so the order should be served on the 
 solicitors of the other parties to the cause (I). 
 
 The order will, like any other order of course, be dis- 
 charged as irregular, if any material facts are suppressed (m). 
 
 (/) Griffiths v. Griffiths, 2 Hare, 
 587 ; Rawlinson v. Moss, 9 "W. B. 
 733. 
 
 (g) Daniell, 1725. 
 
 (A) Ibid. Whalkyv. Whalhy, 
 17 Jur. 254. As to Clerks of Re- 
 cords and Writs, see now 42 & 43 
 Vic. c. 78 ; B. S. C. Dec. 1879. 
 
 (i) Waddilove v. Taylor, 12 Jur. 
 598. 
 
 (j) Seton, 639. 
 
 () Grant v. Holland, 3 C. P. D. 
 180. 
 
 (I) Braithwaite's Pr. 563, 564. 
 As to Clerks of Becords and Writs, 
 see now 42 & 43 Vic. c. 78 ; B. S. C. 
 Dec. 1879. 
 
 (m) Richards v. Scarborough Co. , 
 17 Beav. 83 ; Thomas v. Finlayson, 
 19 W. B. 255 ; Topping v. Scarson, 
 2 H. & M. 205.
 
 CHANGE OP SOLICITOR. 223 
 
 An order is irregular if obtained by one or more of 
 several co-plaintiffs, who have jointly retained a soli- 
 citor (ri). 
 
 An order to change a solicitor is almost always obtained 
 as of course ; but in some cases, where there are special 
 circumstances, a special order is necessary ; and an order 
 of course obtained in such cases will be discharged (o). 
 
 (n) Re Norwich Society, 22 W. (o) Richards v. Scarborough Co., 
 
 R. 856 ; Wedderburn v. Wedder- 17 Beav. 83, 85 ; Jenkins Y. 
 burn, 17 Beav. 158. Bryant, 3 Drew. 70.
 
 CHAPTER XXVI. 
 
 Petition by 
 mother. 
 
 Discretion of 
 the Court. 
 
 When the 
 Court will re- 
 fuse to make 
 an order. 
 
 CUSTODY OF INFANTS ACT, 1873. 
 
 UPON petition (by her next friend) of the mother of 
 any infant under sixteen, the Court may order that the 
 petitioner shall have access to such infant at such times 
 and subject to such regulations as the Court shall deem 
 proper, or may order that such infant shall be delivered 
 to the mother and remain in or under her custody or 
 control, or shall, if already in her custody or under her 
 control, remain therein until such infant shall attain such 
 age, not exceeding sixteen, as the Court shall direct ; and 
 may further order that such custody or control shall be 
 subject to such regulations, as regards access by the father 
 or guardian of such infant and otherwise, as the Court 
 shall deem proper (a). 
 
 The Court has under this Act a discretionary power to 
 remove children from the custody of their father or guar- 
 dian ; and in the exercise of such jurisdiction the interests 
 of the children and the conduct of the parents will be 
 taken into consideration (6). 
 
 Under the former Act (Talfourd's Act) the Court refused 
 to interfere where a suit by the mother for the restitu- 
 tion of conjugal rights was pending, and where the chil- 
 
 (a) 36 & 37 Vic. c. 12, s. 1 ; 
 which repealed Talfourd's Act (2 & 
 3 Vic. c. 54). 
 
 (&) Re Taylor, 4 Ch. D. 157; 
 
 and see Warde v. Warde, 2 Phil. 
 786 ; Shillito v. Collett, 8 W. E, 
 683 ; re Halliday, 17 Jur. 56 ; re 
 Besant, 11 Ch. D. 508.
 
 CUSTODY OF INFANTS. 225 
 
 dren were out of the jurisdiction at the time of presenting 
 the petition (c) ; nor would it make an order where the 
 wife had left her husband without sufficient cause (d) ; nor 
 would it remove children from the custody of their guar- 
 dian where the mother was of extravagant habits, inex- 
 perienced in housekeeping, and without means (e) ; and 
 where the mother was guilty of great misconduct, it would 
 not even allow her access (/). The Court will not inter- 
 fere where there is no misconduct on the part of the 
 father (g) ; though it is not necessary that the wife should 
 be entitled to obtain a divorce (h}. 
 
 Where a husband had deserted his wife and was co- 
 respondent in a pending divorce suit, an order was made 
 for delivery of the child to the mother, with liberty of 
 access by the father and paternal grandparents, and with 
 liberty to apply as to maintenance and education on the 
 child's attaining the age of seven years (i). 
 
 Affidavits on either side are admissible on the hearing Practice. 
 
 O 
 
 of the petition (k) ; and the Court has ordered substituted 
 service where the husband was abroad (Z). Under the 
 former Act, the petition could, by leave of the Court, be 
 presented in fomiA pauperis (ra) ; and the order might 
 be made ex parte, if the necessity of the case required 
 it (n). In some cases the order has been accompanied 
 by a restraint on the father from applying for a habeoba 
 corpus (o). 
 
 (c) Me Taj/lor, 11 Sim. 178 ; and re Curtis, 7 "W. R. 474. 
 
 see re Winscom, 2 H. & M. 540. (h) Exp. Bartlctt, 2 Coll. 661. 
 
 (rf) Re Taylor, 11 Sim. 178. (i) Re Taylor, 4 Ch. D. 157. 
 
 (e) Shillito v. Collctt, 8 W. E, (k) Ib. 
 
 683. (I) Re Taylor, 11 Sim. 178. 
 
 (/) Re Winscom, 2 H. & M. (m) Exp. Hakemll, 3 D. M. & 
 
 540. G. 116. 
 
 (g) Re Agar Ellis, 10 Ch. D. 49, () Re Taylor, 11 Sim. 178. 
 
 60 ; and see re Halliday, 17 Jur. (o) Warde v. Warde, 2 Phil. 
 
 66 ; Warde v. Warde, 2 Phil. 786 ; 786, 792.
 
 226 
 
 CUSTODY OF INFANTS. 
 
 Enforcing 
 agreement as 
 to custody. 
 
 Costs. Where the father, who was respondent to the petition, 
 
 unsuccessfully opposed the application, he was ordered to 
 pay the costs of the petition (p). 
 
 The Court will not enforce an agreement in a separation 
 deed by the father to give up the custody of his children, 
 if it will not be for their benefit to give effect thereto (<?). 
 
 Infant felons. The Court may, upon the application of any person who 
 is willing to take charge of an infant who has been con- 
 victed of felony, assign the custody of such infant to such 
 person ; and if it shall think fit it may award costs 
 against any applicant, to be paid to the parent or guardian 
 who shall oppose such application (r). 
 
 (p) Re Taylor, 4 Ch. D. 157. 
 See re Besa-nt, 11 Ch. D. 508. 
 
 (q) 36 & 37 Vic. c. 12, s. 2 ; re 
 Besant, 11 Ch. D. 508. 
 
 (r) 3 & 4 Vic. c. 90, s. 1. No 
 fee is to be taken by any officer of 
 the Court, and counsel and solicitor 
 may be assigned, ib. s. 3.
 
 CHAPTER XXVII. 
 INFANTS' SETTLEMENTS ACT. 
 
 EVERY male infant who has attained the age of twenty Sanction of 
 years, and every female infant who has attained the age 
 of seventeen years, may, with the sanction of the Chancery 
 Division, make a valid and binding marriage settlement, 
 or contract for a settlement, of all or any part of his or her 
 property (a). 
 
 The application for the sanction of the Court is obtained How obtained. 
 upon petition ; and a petition is necessary though an 
 action is pending (6). 
 
 The petition should be presented by the infant, or his Who may peti- 
 or her guardian ; and if there is no guardian, the Court lon ' 
 may require a guardian to be appointed or not, as it 
 thinks fit (c). A petition presented by a next friend, 
 without the infant's concurrence, was dismissed with 
 costs (d). 
 
 The petition should be intituled in the matter of the Form of peti- 
 infant, and of the Act. The allegations are similar to tlon> 
 those inserted in petitions for leave to many ; and the 
 petition prays that a proper settlement may be sanc- 
 
 (a) Infants' Settlement Act (18 & (c) 18 & 19 Vic. c. 43, s. 3. 
 
 19 Vic. c. 43), ss. 1, 4. (d) Re Potter, L. R. 7 Eq. 484 
 
 (b) Pcarcth v. Marriott, "W. N. but see Wortham \. Pcmberton, 1 
 (1866), 48 ; and see Harvey y. Clark, Do G. & S. 644. 
 
 25 Beav. 7. 
 
 Q 2
 
 228 
 
 INFANTS SETTLEMENTS ACT. 
 
 Evidence. 
 
 Inquiry as to 
 settlement. 
 
 Proceedings in 
 chambers. 
 
 tioned, and that the infant may be at liberty to execute 
 the same. 
 
 The petition, on being opened, is usually adjourned at 
 once into Chambers, and a summons to proceed thereon 
 is taken out (e). Evidence must be produced to show : 
 1. The age of the infant ; 2. Whether the infant has any 
 parent or guardian ; 3. With whom, or under whose care, 
 the infant is living, and if the infant has no parent or 
 guardian, what near relations the infant has ; 4. The rank 
 and position in life of the infant and parents; 5. What 
 the infant's property and fortune consist of; 6. The 
 age, rank, and position in life, of the person to whom 
 the infant is about to be married ; 7. The property, 
 fortune, and income of such person; 8. The fitness of 
 the proposed trustees, and their consent to act (/). The 
 proposals for the settlement must also be submitted to 
 the Judge. 
 
 The Court only inquires into the propriety of the settle- 
 ment, and not into the propriety of the marriage, unless the 
 infant is a ward; although the inquiry as to the settlement 
 often leads to an inquiry into all the circumstances of the 
 proposed marriage (g). 
 
 When the proposals for the settlement have been 
 approved, the draft is prepared and settled, and the 
 engrossment signed by the chief clerk in the same 
 manner as in the case of a ward of Court (h). When the 
 engrossment is signed, the chief clerk prepares and issues 
 the minute of an order approving the settlement, and 
 directing that the infant be at liberty to execute it. The 
 order is then drawn up by the Kegistrar (i). 
 
 (e) Daniell, 1212 ; Seton, 766 ; 
 re Olive, 11 W. E. 819. 
 
 (/) Regul. 8 Aug. 1857, r. 20. 
 (g) He Dnlton, 6 D. M. & G. 201 
 
 Seton, 766. 
 
 (h) Post, p. 231. 
 (*) Daniell, 1214.
 
 INFANTS' SETTLEMENTS ACT. 229 
 
 The Court cannot sanction a post-nuptial settlement (j), Post-nuptial 
 unless made by a ward of Court (&). 
 
 The insertion of the usual name and arms clause in the 
 settlement has been permitted (). 
 
 (j) Re Potter, L. R. 7 Eq. 484, (1) Re Williatns, 6 Jur. N. S. 
 
 435. 1064. As to providing for children 
 
 (k) Powell v. Oakley, 34 Beav. of a future marriage, see Budge v. 
 
 575. Winnall, 11 Beav. 98.
 
 CHAPTER XXVIII. 
 
 MARRIAGE OF WARDS OF COURT. 
 
 Petition for leave to Marry. 
 
 Ward cannot IF a ward of Court, whether male or female, is desirous 
 kave^ ^ ' ^ marrying, application should be made to the Court for 
 an order sanctioning the proposed marriage, notwithstand- 
 ing that the infant has a parent or guardian. 
 
 Application, The application is usually made by petition ; but when 
 
 how made. -^ j g unnecessar y to resort to the Infants' Settlements 
 
 Act (a), and the infant's property is small, it may be made 
 
 by summons ; and in such cases the settlement may often 
 
 be effected by the order, without a deed (6). 
 
 Wbomaypeti- The petition is generally presented by the intended 
 husband, whether he is a ward or not ; but if presented 
 by a female ward, by her next friend or guardian, the 
 husband should be made a co-petitioner (c). Where, how- 
 ever, the settlement cannot be effected except under the 
 Infants' Settlements Act, it would seem that the petition 
 must be presented by the infant or his or her guardian (d). 
 A settlement apart from the Infants' Settlements Act 
 does not derive validity from the sanction of the Court (e). 
 
 (a) See ante, p. 225. W. B. 711 ; cxp. Smith, 22 W. E. 
 
 (I) Daniell, 1209 ; Seton, 755. 294. 
 
 (c) Lucas v. Dalziel, W. N. (d) 18 & 19 Vic. c. 43, a. 3 ; and 
 
 (1879), 151 ; but see re Graham, see cases in last note. 
 W. N. (1870), 199 ; re Tales, 7 (e) 2 L. C. Eq. 697.
 
 MARRIAGE OF WARDS OF COURT. 231 
 
 The petition should be intituled in the action or matter Title of peti- 
 in which the infant is a ward of Court, and in the matter 
 of the Infants' Settlement Act. 
 
 The petition should state the age of the ward ; the Form of peti- 
 nature of his or her fortune ; the contemplated marriage ; 
 the age, rank, position in life, and fortune of the person to 
 whom the infant is proposed to be married ; and should 
 pray for an inquiry whether the contemplated marriage is 
 a proper one for the ward ; that, if so, proposals for a 
 settlement may be received ; that a proper settlement 
 may be approved ; and that, upon the execution thereof, 
 the parties may be at liberty to intermarry (/). 
 
 The allegations in the petition must be supported by E-ridence. 
 affidavit; and the order will not be granted unless it 
 appear that the marriage is suitable, and that the settle- 
 ment proposed is proper ; but it is usual, on the petition 
 being opened in Court, to adjourn it to Chambers without 
 any order being then drawn up (y). 
 
 In proceeding on the petition in Chambers, the pro- Proceedings in 
 priety of the marriage must in the first place be shown ; 
 the proposals for the settlement are then brought in and 
 discussed ; and the matter is adjourned for a deed to be 
 prepared to carry them into effect. The draft of such 
 deed is prepared by the lady's solicitor, a copy is left at 
 Chambers, and is there settled with the aid if necessary 
 of the conveyancing counsel. The fitness of the proposed 
 trustees, and their consent to act, must be shown ; and 
 an approval of the deed is signed by the chief clerk in the 
 usual manner (h). The chief clerk then prepares and 
 
 (/) Daniell, 1210 ; Seton, 755. ment only being referred to Cham- 
 
 For form of petition, see post. bens, exp. Smith, 22 W. R. 294. 
 
 (g) Daniell, 1206, 1210. Under (A) As to settling deeds at Cham- 
 
 special circumstances the marriage bers, see Daniell, 1146. 
 was at once sanctioned, the settle-
 
 232 
 
 MARRIAGE OP WARDS OF COURT. 
 
 Chief clerk's 
 certificate. 
 
 signs the minute of an order approving the marriage and 
 settlement, and directing that upon the execution thereof 
 by the persons therein named, including the trustees (i), 
 the parties be at liberty to intermarry. The minute is 
 then transmitted to the Registrar, by whom the order is 
 drawn up (f). 
 
 Payment out. Where a fund in Court is to be paid out to the trustees 
 of the settlement, or is to be applied in the infant's outfit, 
 or in payment of costs, or otherwise, such payment 
 may be directed to be made, upon the execution of the 
 settlement and the solemnisation of the marriage being 
 certified by the chief clerk, or being verified by affidavit 
 if the order so direct (&). 
 
 Where the order directs the chief clerk to certify the 
 execution of the settlement and the marriage, a copy of 
 the order is left at Chambers, and a summons to proceed 
 thereon is taken out ; upon the return of which, the 
 settlement and certificate of the marriage are produced, 
 together with the Chancery Paymaster's certificate of the 
 fund in Court, and an affidavit of the execution of the 
 deed and of the identity of the persons named in the 
 certificate of marriage. The chief clerk then makes his 
 certificate ; and payment out is obtained in the usual 
 way (I). 
 
 Petition to Restrain Marriage or Intercourse with 
 
 Ward. 
 
 Where the Court has reason to suspect that a marriage 
 without its sanction is intended, it will interfere by in- 
 junction to restrain the marriage and all communication 
 
 Injunction to 
 restrain mar- 
 riage. 
 
 (i) Adey v. Arnold, 2 D. M. & 
 G. 432 ; Wynch y. Grant, 2 Drew. 
 312. 
 
 (j) Daniell, 1210. 
 
 (k) Ch. Funds Rules, 1874, r. 
 11 ; Seton, 755. 
 (I) Daniell, 1211.
 
 MARRIAGE OF WARDS OF COURT. 233 
 
 between the ward and the intended husband and wife ; 
 and if the guardian is suspected of connivance, it will 
 remove the infant from his custody, and will restrain 
 him from giving his consent to the marriage (m). The Application, 
 application in such cases is made by petition or motion, 
 supported by affidavit (n). Hearsay evidence is admis- 
 sible (o) ; and in an urgent case an injunction has been 
 granted upon an ex parte application, on evidence of 
 improper intercourse and connivance (p). 
 
 Petition in Cases of Contempt. 
 
 Where a person marries a ward without the Court's Marriage with- 
 consent, such person, and all others concerned in aiding OT 
 and abetting the act, may be committed for contempt, 
 
 even though ignorant that the infant was a ward (q\ In Proceedings 
 
 thereon. 
 such cases an application may be made by motion or 
 
 petition of the infant or guardian, or of any other 
 person, for an inquiry as to the validity of the marriage, 
 and the approval of a proper settlement (?'). The appli- 
 cation must be supported by affidavit ; and the parties 
 are usually ordered to attend personally, either in open 
 Court, or in the Judge's private room, to answer the con- 
 tempt (s). An application to commit a husband may be 
 directed to stand over pending the approval and execu- 
 tion of a settlement. If the marriage is invalid, a valid 
 marriage may be ordered (t). 
 
 Where the husband has been committed for con- Petition for 
 
 discharge. 
 
 (m) Daniell, 1207 ; Dawson v. (<?) Eyre v. Countess of Shaftcs- 
 
 Thompson, 12 L. T. N. S. 178 ; bury, 2 L. C. Eq. 633, 692 ; More 
 
 Shipbrook v. Uinchinltrook, 2 Dick. v. More, 2 Atk. 157. 
 547. (r) Dauiell, 1207 ; Wilkinson v. 
 
 (n) Dauiell, 1207 ; Seton, 758. Joughin, 41 L. J. Ch. 234. 
 
 (o) Beard v. Travcrs, 1 Ves. S. (s) Seton, 760, 762. 
 313. (t) Bathurst v. Murray, 8 Vcs. 
 
 (p) Setoii, 3rd ed. 728. 74 ; re Murray, 3 Dr. & War. 83.
 
 234 MARRIAGE OF WARDS OF COURT. 
 
 tempt, he may apply to the Court by petition for his 
 discharge (u) ; but he will not be discharged until a 
 certificate that the marriage is valid has been produced, 
 and a proper settlement has been approved and executed, 
 and the payment by him of costs (#). 
 
 () Nicholson v. Squire, 16 Ves. 146 ; Stevens v. Savage, 1 Ves. j. 
 
 259. 154 ; but see Jackson v. Maicby, 1 
 
 (x) Cox v. Bennett, 22 "W. R. Ch. D. 86, as to costs. 
 819 ; Field v. Brou-n, 17 Bear.
 
 CHAPTER XXIX. 
 
 MARRIAGE ACT. 
 
 THE person whose consent is required to the marriage 
 of an infant, not being a widower or widow, is the father ; 
 if the father is dead, the guardians or one of them ; if 
 there are no guardians, the mother, if unmarried ; if there 
 is no mother unmarried, the guardians appointed by the 
 Court or one of them (a). 
 
 If the father is non compos mentis (6), or if any other 
 person whose consent is required is non compos mentis, 
 or is beyond the seas, or unreasonably withholds his 
 consent, an application may be made to the Chancery 
 Division by petition, and if the proposed marriage ap- 
 pear proper, a judicial declaration to that effect may be 
 made, which shall be as effectual as if the requisite 
 consent had been obtained (c). 
 
 The petition should show the case to be within the Act, 
 and should pray for a declaration that the marriage is a 
 fit and proper marriage within the meaning of the Act, 
 and should be supported by affidavit. The Court may 
 make such declaration without directing inquiries (d) ; 
 or may direct inquiries to be made ; or may adjourn the 
 petition to Chambers generally (e). 
 
 (a) 4 Geo. IV. c. 76, s. 16. (e) Daniel!, 1209 ; Seton, 767. 
 
 (b) The Act does not apply to a For cases under tho Act where a 
 father beyond the seas or with- forfeiture had been declared, see 
 holding his consent, cxp. J. C., 3 Att.-Oen. v. Clements, L. R. 12 Eq. 
 M. & C. 471. 32 ; Att.-Oen. v. Read, 12 Eq. 38 ; 
 
 (c) 4 Geo. IV. c. 76, s. 17. AU.-Oen. T. Akers, W. N. (1872), 
 
 (d) Exp. Rcibcy, 7 Jur. 589. 45.
 
 CHAPTER XXX. 
 
 Proceedings 
 under the Act 
 may still be 
 taken. 
 
 Scope of the 
 Act. 
 
 SIR SAMUEL EOMILLY S ACT. 
 
 ALTHOUGH jurisdiction over charitable trusts has, by 
 the Charitable Trusts Act, 1853, been given to a Chancery 
 Judge at Chambers, the procedure by petition under Sir 
 Samuel Romilly's Act has not been abolished (a). 
 
 By the latter Act it is provided that in every case of a 
 breach of any trust, or supposed breach of any trust, created 
 for charitable purposes, or whenever the direction or order 
 of the Court shall be deemed necessary for the administra- 
 tion of any trust for charitable purposes, it shall be lawful 
 for the Lord Chancellor, or Master of the Rolls, upon the 
 petition of any two or more persons stating such com- 
 plaint, and praying such relief as the nature of the case 
 may require, to make such order therein, and with respect 
 to costs as shall seem just (b). The application may also 
 be made by the Attorney-General (c). 
 
 Notwithstanding the wide terms of the section, the 
 Act has been held to apply only to simple cases which 
 arise between the trustees, and cestuis que trust of a 
 charity (d) ; and even in such cases the Court ought to 
 exercise a discretion as to whether the Act can be applied 
 
 (a) 16 & 17 Vic. c. 137, s. 43. 
 
 (6) 52 Geo. III. c. 101, s. 1. As 
 to the appointment of new trustees 
 of charities, see Trustee Act, post, 
 p. 254. 
 
 (c) 16 & 17 Vic. c. 137, s. 43. 
 
 (d) Re Manclwstcr New Coll., 16 
 Beav. 610 ; re Phillipotls, 8 Sim. 
 381, 391 ; but see re Uptm Warren, 
 1 M. & K. 410.
 
 SIR SAMUEL ROMILLY'S ACT. 237 
 
 with advantage to the charity (e) ; and if it thinks the case 
 requires it, the Court will decline to make an order 
 on petition, and will direct the parties to proceed by 
 information (/). 
 
 The Court, therefore, has no jurisdiction under the Act, Where the Act 
 
 does not apply. 
 Avnere there are constructive trusts (g) ; or where the 
 
 breach of trust is not clear and simple (h) ; or where 
 there are adverse claims as to the objects of the charity (i) ; 
 or adverse claims to the right to administer the charity 
 property (j); or adverse claims to land (k) ; nor has it 
 jurisdiction to set aside a lease of charity property (I) ; 
 nor to transfer charity funds and amalgamate two cha- 
 rities (ra) ; nor to determine in whom the legal estate is 
 vested (n) ; or whether trustees have power to alter the 
 rules and regulations of a school (o) ; nor has it jurisdic- 
 tion to add . to the number of trustees limited by the 
 foundation (p) ; nor to direct accounts against persons 
 who have received or misapplied the rents of the charity 
 estate (q). 
 
 The Court has, however, jurisdiction under the Act to Wh eretheAct 
 
 applies, 
 settle a scheme (r) ; to appoint new trustees (s) ; to direct 
 
 a sale or exchange of charity lands, if obviously bene- 
 
 (c) Re Manchester New Coll., 16 re West Retford, 10 Sim. 101. 
 
 Beav. 610. (o) Att.-Gen. v. East Retford, 17 
 
 (/) Att.-Gen. v. Devon, 15 Sim. L. J. Ch. 450 ; and see Att.-Qen. v. 
 
 193, 261. Bristol, 14 Sim. 648. 
 
 (g) Re Norris, G. Coop. 295 ; (p) Me Storey, 9 L. J. Ch. 93. 
 
 cxp. Skinner, 2 Mer. 453. (q) Re St. Wenn, 2 S. & S. 66 ; 
 
 (A) Corp. of Ludlow v. Green- re Hall, 14 Beav. 115. 
 
 house, 1 Bl. N. R. 17. (r) Re Royston Grammar Sch., 2 
 
 (i) Re Clarke, 8 Sim. 34 ; re Beav. 228 ; cxp. Berkhampstcad 
 
 Magdalen, &c., 9 Hare, 624. Grammar Sch., 2 V. & B. 134 ; re 
 
 (j) Re West Retford, 10 Sim. 101, Shrewsbury Sch., 1 Mac. & G. 324 ; 
 
 108. and see Att.-Gen. v. Stamford, 1 
 
 (k) Exp. Rees, 3 V. & B. 10. Phil. 749. 
 
 (I) Exp. Skinner, 2 Mer. 453. (s) Bignold v. Springfield, 7 Ch. 
 
 (TO) Re Reading, 10 Sim. 118. & Fin. 71, 74 ; re Fowcy, 4 Beav. 
 
 (n) Re Phillipotts, 8 Sim. 381 ; 225 ; re Holies, 10 Hare, App. 39.
 
 238 
 
 CHATUTIES. 
 
 Application, 
 how made. 
 
 Sanction of 
 Commis- 
 sioners. 
 
 Who may peti- 
 tion. 
 
 ficial () ; to reinstate a schoolmaster, if improperly dis- 
 missed^); or where parishes have been divided, to 
 apportion the charitable gifts between them (v) ; or to 
 decide a simple question of law (w) ; and generally to 
 administer charitable trusts in simple cases (x). The 
 Court has also jurisdiction under the Act, with respect 
 to the internal regulation of charities (y), unless there 
 is a visitor, and the matter belongs exclusively to his 
 cognizance (z). 
 
 Applications under the Act are made by petition (a) ; 
 but when the jurisdiction has been once attracted by 
 petition, a subsequent order maybe made upon motion (b). 
 
 Except where the petition is presented by the Attorne}'- 
 General, or in a pending suit or matter, the sanction of 
 the Charity Commissioners must first be obtained (c) ; 
 but their sanction is not necessary to a petition, which 
 merely deals with a fund paid into Court, under the 
 Trustee Relief Act, or the Lands Clauses Consolidation 
 Act (d). 
 
 The petition may be presented either by the Attorney- 
 General acting ex officio (e), or by any two or more persons, 
 
 (t) Re Parke, 12 Sim. 329 ; re 
 Newton, 12 Jur. 1011 ; reEcclcsall, 
 16 Beav. 297 ; Mildmay v. Methuen, 
 14 Beav. 121, n. ; re AsMon, 22 
 Beav. 288 ; but see re Suir Island, 
 3 Jon. & Lat. 171. 
 
 (u) Re Phillips, 9 Jur. 959 ; and 
 cases cited in 14 Beav. 121, u. 
 
 (v) Re West Ham, 2 De G. & S. 
 218. 
 
 (w} Re Upton Warren, 1 M. & 
 K. 410. 
 
 (*) Re Manchester New Coll., 16 
 Beav. 610 ; re Hall, 14 Beav. 115 ; 
 re Phillipotts, 8 Sim. 381, 391. 
 
 (y) Re Rugby, 1 Beav. 457 ; re 
 Shrewsbury School, 1 Mac. & G. 
 324, 331 ; re Manchester Ncic Coll., 
 
 16 Beav. 610. 
 
 (z) Alt.-Gcn, v. Clare Hall, 3 
 Atk. 674 ; cxp. SerkJiampstead, 2 
 V. & B. 134, 144 ; Thomson v. 
 Univ. of London, 10 Jur. N. S. 
 669. 
 
 (a) 52 Geo. III. c. 101, s. 1. 
 
 (b) Re Slcu-ringc, 3 Mer. 707 ; 
 exp. Friendly Society, 10 Ves. 287 ; 
 re Chipping Sodbury, 5 Sim. 510. 
 
 (c) 16 & 17 Vic. c. 137, ss. 18, 
 20 ; exp. Watford, 2 Jur. N. S. 
 1045. 
 
 (d) Re St. Giles, 25 Beav. 313 ; 
 re Lister, 6 D. M. & G. 184. See 
 re Poplar School, 8 Ch. D. 543. 
 
 (c) 16 & 17 Vic. c. 137, s. 43.
 
 SIR SAMUEL EOMILLY'S ACT. 239 
 
 having a direct interest in the charity (/), but two of 
 such persons must be individuals^). 
 
 The Attorney-General, or, if that office is vacant, the Sanction of 
 Solicitor-General, must signify his allowance or appro- G en e if~ 
 bation of the petition by affixing his signature there- 
 to (h). 
 
 Before such allowance can be obtained, the petition Petition to be 
 must be signed by the petitioners in the presence of SIgne ' 
 their solicitor, and their signatures must be attested by 
 him (i). A certificate must also be written on the peti- 
 tion and signed by counsel, to the effect that in his 
 opinion the petition is one proper to be presented under 
 the Act (k). It is presumed that this is still necessary 
 notwithstanding the Judicature Act (I). The solicitor for 
 the petitioners must likewise certify on the petition that 
 the petitioners are able to answer the costs of the appli- 
 cation. Upon the petition so signed and certified being 
 left with the Attorney-General's clerk, he will obtain the 
 Attorney-General's signature thereto in testimony of his 
 approbation (m). 
 
 As a general rule, the petition ought to be served Service, 
 upon all persons whose interests will in any manner be 
 affected by the order sought to be obtained (ri) ; but 
 if the Attorney-General has certified his allowance, the 
 petition need not be served upon him (o) ; and unless the 
 petition is signed by the Attorney-General and properly 
 served, any order made upon it will be a nullity (p). 
 
 (/) Corp. of Ludlow v. Green- (k) Daniell, 1763. 
 
 house, 1 Bl. N. R. 17, 91 ; re Bed- (1) See K. S. C. Ord. XIX. 4. 
 
 ford, 2 Swanst. 518. (m) Daniell, 1763. 
 
 (g) Re London, Brighton, Ac., 18 () Exp. Recs, 3 V. & B. 10 ; 
 
 Beav. 608. cxp. Scagears, 1 V. & B. 96 ; cxp. 
 
 (h) 62 Geo. III. c. 101, a. 2 ; Fvwlser, 1J. & W. 70. 
 
 exp. Skinner, 2 Mer. 453 ; re War- (o) Re Warwick, 1 Phil. 559. 
 
 wick, 1 Phil. 559. (p) Att.-Gcn. v. Green, 1 Jac. & 
 
 (t) 52 Gco. III. c. 101, s. 2. W. 305 ; butsee^.-(7c?. v. Devon,
 
 240 CHARITIES. 
 
 Parties who have not been served are in strictness not 
 entitled to be heard (</). 
 
 Proceedings If a scheme is directed to be settled, or any other 
 ers ' proceedings are directed to be taken in Chambers, the 
 petitioners and respondents have a right to attend there ; 
 and the Attorney-General ought also to attend, as pro- 
 ceedings taken in his absence are irregular (r). Under 
 the present practice, the Attorney - General is always 
 directed to be served with the summons to proceed on 
 the order (s). Upon the return of the summons to pro- 
 ceed, directions will be given as to the manner in which 
 the inquiries are to be prosecuted, the evidence to be 
 adduced, and the parties to attend (t). A concise state- 
 men t showing the objects and property of the charity is 
 sometimes directed to be brought in, and substantiated 
 by affidavit or other evidence (u). 
 
 Where a scheme is directed, it is usually prepared by 
 the petitioners, and submitted by them to the Attorney- 
 General. A copy of the scheme showing any alterations 
 not agreed upon between the parties is then left at Cham- 
 bers, and the scheme is then settled by the Judge, either 
 in Chambers or on adjournment into Court (x). When 
 settled, a fair copy is signed by the Judge, and filed. The 
 order usually refers to the scheme as filed ; and in this 
 manner, the expense of setting out the whole scheme in 
 the order is avoided (y). 
 
 When the inquiries are answered, an order may be 
 
 15 Sim. 193 ; re Godmanchestcr (s) He Hanson, 9 Hare, App. 54. 
 
 School, 15 Jur. 833. (t) Cons. Ord. XXXV. 16. 
 
 (q) Att.-Gen. v. Devon, 15 Sim. (u) Daniell, 1765. 
 
 259. (x) EC Hanson, 9 Hare, App. 54 ; 
 
 (7-) Corp. of Ludlow v. Green- re Wyersdale, 10 Hare, App. 74 ; 
 
 house, 1 Bl. K R. 17, 65 ; Alt.- DanieU, 1765. 
 
 Gen. v. Stamford, 1 Phil. 737, (y) Re Cony ers School, 10 Hare, 
 
 749. App. 5.
 
 SIR SAMUEL ROMILLY'S ACT. 241 
 
 made in chambers ; but if the further consideration of 
 the petition has been adjourned, the chief clerk will 
 make his certificate, and the petition will be brought on 
 again in Court for consequential directions (z). 
 
 Where a petition has been presented improperly, as, Costs. 
 for instance, in a difficult and comp.icated case, it will 
 be dismissed with costs (a), 
 
 Where a party is personally interested in the charity, he 
 will be entitled to his costs of attendance at chambers ; 
 but if he has no individual interest, he will attend at his 
 own expense (6). 
 
 An appeal may be presented to the House of Lords Appeal. 
 within two years from the time when the order is passed 
 and entered (c). No appeal from an order made by the 
 Master of the Rolls lies to the Court of Appeal (d). An 
 appeal cannot be brought by a person who did not 
 appear in the -Court below, even though he is an 
 interested party (e). 
 
 Acts Extending Romilly's Act. 
 
 The summary mode of procedure by petition under 
 Sir Samuel Romilly's Act has been extended, by subse- 
 quent Acts, to other cases relating to charities. These 
 Acts are the Grammar Schools Act (/), the Church 
 Building Acts Amendment Act (</), the Municipal Cor- 
 porations Act (h), and the Burials Act (i). 
 
 Petitions presented under any of these Acts should be 
 
 (2) Daniell, 1765. (e) Corp. of Ludlow v. Grecn- 
 
 (a) Re Phillipotts, 8 Sim. 381. home, 1 Bl. N. R. 17. 
 
 (b) Re Shrewsbury School, 1 Mac. (/) 3 & 4 Vic. c. 77. 
 & G. 324. (g) 8 & 9 Vic. c. 70. 
 
 (c) 52 Geo. III. c. 101, s. 1. (A) 5 & 6 Wm. IV. c. 76. 
 
 (d) Re Royston School, 2 Bcav. (i) 15 & 16 Vic. c. 85, a. 29 ; and 
 232, n. ; re Slewringe, 3 Mcr. 707. sec 16 & 17 Vic. c. 134.
 
 242 CHARITIES. 
 
 intituled in the matter of 52 Geo. III., c. 101, as well as 
 in the matter of the particular Act under which they are 
 presented (k). 
 
 Special Acts. 
 
 Petitions are also sometimes presented to the Chancery 
 Division under special Acts relating to particular chari- 
 ties. Under such Acts the Court could not formerly give 
 costs, unless specially authorised to do so by the par- 
 ticular Act (I). Where the jurisdiction given by the 
 particular Act, and that given by Sir Samuel Romilly's 
 Act differ, the petition cannot proceed under both Acts, 
 but the petitioners must elect under which Act they will 
 proceed (m). 
 
 Charitable Trusts Act, 1853. 
 
 Applications under the Charitable Trusts Act, 1853, 
 for the appointment or removal of any trustee, or for any 
 other relief relating to a charity of which the income 
 exceeds 30, are made to the Judge at chambers by sum- 
 mons ; but the Judge may, if he shall think fit, direct a 
 petition to be presented (ri). 
 
 The Chancery Division has an appellate jurisdiction 
 in the case of orders made under the Act by a County 
 Court, or by the Commissioners. The appeal is brought 
 by petition of appeal (o). Proceedings under this Act 
 are expressly excepted from the County Court Rules, 
 1875. 
 
 (k) Re West Ham, 2 De G. & S. (m) Re Bedford, 2 Swanst. 470, 
 
 218, 222. 518. 
 
 (I) Re Bedford, 2 Swanst. 532 ; (ri) 16 & 17 Vic. c. 137, s. 28. 
 
 but see exp. Mercers' Co., 10 Ch. D. (o) See Daniell, 1772-1775, as to 
 
 481. the practice on these appeals.
 
 CHAPTER XXXI. 
 
 THE TRUSTEE ACTS, 1850, 1852. 
 
 UNDER these Acts the Court (a) has power to appoint 
 new trustees ; to make vesting orders of lands, stock, and 
 choses in action ; or in lieu of such vesting order to 
 appoint some person to convey or transfer. But the 
 Court has no jurisdiction under the Acts to decide a 
 disputed question of title (b). 
 
 Vesting Orders of Land. 
 
 A vesting order may be made by the Judges in In Lunacy. 
 Lunacy (c) whenever a lunatic or person of unsound mind 
 is seised or possessed of any lands, or is entitled to a 
 contingent right in any lands upon any trust, or by way 
 of mortgage (d). The order must be made in Lunacy (e), 
 unless the trustee- of unsound mind is an infant, or out 
 of the jurisdiction, in which cases it may be made in 
 Chancery only (/). 
 
 A vesting order may be made by the Chancery In Clumeery. 
 Division in any of the following cases, viz. : 
 
 (a) As to which Court must See s. 52, and 25 & 26 Vic. c. 86 : 
 make the order, see post, p. 257. as to proceedings where the lunacy 
 
 (b) Re Draper, 9 W. K. 805. is disputed. 
 
 (c) As to the jurisdiction in (c) lie Mason, L. R. 10 Ch. 273 ; 
 lunacy, see Jud. Act, 1873, s. 17 and see re Pearson, 5 Ch. D. 982. 
 (3) ; Jud. Act, 1875, s. 7- Seton, (/) Re Arrow-smith, 4 Jur. N. 
 518. S. 1123 ; re Gardner, 10 Ch. D. 
 
 (d) Trustee Act, 1830, ss. 3, 4- 29. 
 
 n 2
 
 2J4 
 
 TRUSTEE ACT. 
 
 Infant. 1. Where an infant is seised or possessed of any lands 
 
 upon any trust, or by way of mortgage ; or is entitled to any 
 contingent right in any lands upon any trust, or by way 
 of moi'tgage (g). An order may be made under this sec- 
 tion though the infant trustee is also of unsound 
 mind (h). 
 
 2. Where a trustee is out of the jurisdiction (i), his 
 absence not being merely temporary (fc) ; or where he 
 cannot be found (I) ; and whether he is a sole or joint 
 trustee (m) ; and whether entitled in possession or con- 
 tingently (n). 
 
 3. Where it is uncertain which of two or more trustees 
 was the survivor (o). 
 
 Living or dead. 4. Where it is not known whether the trustee last 
 known to have been seised or possessed is living or 
 dead (p). 
 
 5. Where any person seised of any lands upon any 
 trust shall have died intestate as to such lands without 
 an heir, or shall have died and it shall not be known 
 who is his heir or devisee (q). This section does not 
 apply to leaseholds (r). 
 
 Out of juris- 
 diction, or 
 cannot be 
 found. 
 
 Uncertain sur- 
 vivorship. 
 
 No heir. 
 
 (g) Tmstee Act, 1850, ss. 7, 8. 
 As to the effect of the order where 
 the infant is tenant in tail, see 
 Powell v. Mattliews, 1 Jur. N. S. 
 973. 
 
 (h) He Arrowsmith, 4 Jur. N. S. 
 1123. 
 
 (i) Trustee Act, 1850, s. 9. 
 Stillwell v. Ashley, Seton, 520. 
 
 (k) Hutchinson v. Stephens, 5 
 Sim. 499. 
 
 (I) Trustee Act, 1850, s. 9 ; 
 Lechmere v. Clamp, 31 Beav. 578. 
 
 (m) Trustee Act, 1850, s. 10. 
 A joint mortgagee is not withiii the 
 section unless he is also a trustee ; 
 
 re Osborn, L. E. 12 Eq. 392 ; re 
 Walker, 3 Ch. D. 209 ; see re 
 Templer, 4 N. R. 494, as to co-heirs 
 of a mortgagee. 
 
 (n) Trustee Act, 1850, ss. 11, 12. 
 
 (o) Ibid. s. 13. 
 
 (p) Ibid. s. 14. 
 
 (q) Trustee Act, 1850, s. 15 ; but 
 see 38 & 39 Vic. c. 87, s. 48 ; 
 Christie v. Ovington, 1 Ch. D. 
 279 ; Morgan v. Swansea, &c., 9 
 Ch. D. 582. 
 
 (r) He Mundell, 8 W. E, 683 ; re 
 Harvey, Seton, 520 ; but lease- 
 holds may be vested under s. 34 : 
 see re Dalgleish, 4 Ch. D. 143.
 
 VESTING ORDERS. 245 
 
 6. Where the Court is satisfied that a trustee has wil- Refusal to 
 fully refused or neglected to convey or assign the land or 
 
 to release a contingent right for the space of twenty-eight 
 days after a demand made by a person entitled to require 
 such conveyance or assignment (s). The refusal need not 
 be in writing, nor does the tender of a deed appear to 
 be necessary (t). A married woman is capable of re- 
 fusing (u) ; and a divorced woman may obtain an order 
 against her husband (v). The refusing trustee need not 
 be served (w). 
 
 7. Where lands are subject to a contingent right in an Unborn per- 
 unborn person or class of unborn persons who upon sons ' 
 coming into existence would in respect thereof become 
 
 seised or possessed of such lands upon any trust, the 
 Court may make an order releasing such lands from such 
 contingent right, or may vest in any person or persons 
 the estate or estates which such unborn persons would 
 upon coming into existence be seised or possessed of in 
 such lands (x). 
 
 8. Where an order for sale has been made by the Where an order 
 Court in any action or proceeding, a vesting order may been 
 
 be made in lieu of a conveyance (y). The order under 
 this section may be made in chambers (z). 
 
 9. Whenever the Court appoints a new trustee or new Where new 
 trustees, it may by the same or any subsequent order beenTp- & ' 
 vest the lands subject to the trust in the person or per- P inted - 
 sons who upon the appointment shall be the trustee or 
 
 % 
 
 () Trustee Extension Act, 1852, to surrender. 
 
 s. 2. (x) Trustee Act, 1850, s. 16. 
 
 (t) See Lewin, 894, n. (c). "Unborn persons "includes persons 
 
 () Rowley v. Adams, 14 Beav. who, though born, cannot be ascer- 
 
 130. tained : Biisnctl v. Moxon, L. R. 
 
 (v) Knight v. Knight, W. N. 20 Eq. 182. 
 
 (1866), 114. (y) Trustee Extension Act, 1852, 
 
 (w) Re Crowe, L. R. 13 Eq. 26 : s. 1. 
 
 where an order was made against a (?) Cons. Ord. XXXV. 1 (4). 
 mortgagor of copyholds by covenant
 
 246 
 
 TRUSTEE ACT. 
 
 trustees (a). An order may be made under this section 
 vesting the lands in persons who are already trustees (6) ; or 
 in the new and continuing trustees (c). The word "lands" 
 in this section includes leaseholds (d). A vesting order 
 may be made, though there is no incapacity in the person 
 seised of the legal estate to convey to the new trustee (e). 
 
 Mortgagee. 10. Where a mortgagee dies without having taken 
 
 possession, and the mortgage debt has been paid off, or 
 the person entitled to such debt consents to a reconvey- 
 ance, the Court may make a vesting order in the 
 following cases, viz. : Whenever the heir or devisee of 
 such mortgagee is out of the jurisdiction, or cannot be 
 found, or refuses to convey ; or when it is uncertain which 
 of his devisees was the survivor ; or when it is uncertain 
 whether such survivor or the heir is living or dead ; or 
 when there is no heir, or when it is not known who is 
 the heir or devisee (/). 
 
 If the mortgagee had taken possession, his executors 
 may obtain an order under ss. 9 or 15, vesting in them 
 the legal estate which has descended to the heir (g). 
 
 But now, by the Vendor and Purchaser Act, 1874 (li), 
 the legal personal representatives of a mortgagee can 
 reconvey the legal estate. 
 
 Vendor. A vendor or his heir may upon petition be declared a 
 
 trustee, and the legal estate may be vested in the pur- 
 chaser, provided there be no dispute as to the title or 
 contract (i), and provided the contract be executed, and 
 
 (a) Trustee Act, 1850, s. 34. 
 
 (b) EC Clay, W. N. (1873), 129 ; 
 re Dalgleish, 4 Ch. D. 143 ; re 
 Harford, 13 Ch. D. 135 ; 41 L. T. 
 382. 
 
 (c) Smith v. Smith, 3 Drew. 72 ; 
 re Fisher, 1 W. R. 505 ; re Bute, 
 Johns. 15. 
 
 (d) Re Mundcll, 8 W. R. 683 ; 
 
 re Dalgleish, 4 Ch. D. 143. 
 
 (e) Re Manning, Kay, App. 28. 
 
 (/) Trustee Act, 1850, s. 19 ; 
 Lewin, 874. 
 
 (g) Re Skitter, 4 W. R. 791 ; re 
 Keeler, 11 W. R. 62. 
 
 (h) 37 & 38 Vic. c. 78, s. 4. 
 
 i() Re Lowry, L. R, 15 Eq. 78 ; 
 Warrendcr v. Foster, Seton, 517 ;
 
 VESTING ORDERS. 247 
 
 not merely executory (I). But where the right is not 
 clear, it must first be established in a suit (m). 
 
 A. vendor of copyholds who has covenanted to sur- 
 render and received the purchase-money is a trustee, and 
 a vesting order may be made upon petition (n). 
 
 Vesting orders may be made of easements (o) ; of Easements, &c. 
 rent-charges (p) ; and semble, of mere powers (q). 
 
 Leaseholds may be vested under s. 34, but not under Leaseholds. 
 s. 15 (r). 
 
 The Court will make a vesting order under the Act, 
 when expense will be thereby saved, even though there 
 is no impediment to a conveyance (s). And such orders 
 are frequently made. 
 
 Where a vesting order of copyholds is made with the Copyholds. 
 consent of the lord, the lands will vest without any 
 surrender or admittance ; and where a person is ap- 
 pointed to convey copyholds, the lord is bound, upon 
 the usual payments, to make admittance to the lands (t). 
 
 A vesting order can, however, be made without the 
 consent of the lord, but if made without such consent 
 it will not affect the lord's interests, nor will it have the 
 effect of surrender and admittance (u). 
 
 The lord should not be served (x) ; nor should he 
 
 re Taylor, W. N. (1866), 5 ; and (s) Re Manning, Kay, App. 28 ; 
 
 see re Angela, 5 De G. & S. 278. re Mundcll, supra ; Davis v. 
 
 (I) Re Owning, L. R. 5 Ch. 72. Chanter, 6 W. R. 416 ; Hancox v. 
 
 (m) Re Carpenter, Kay, 418 ; re Spittle, 3 Sm. & G. 478. 
 
 Weeding, 4 Jur. N. S. 707 ; re (t) Trustee Act, 1850, s. 28. For 
 
 Fauldcr, W. N. (1866), 83. form of order appointing a person 
 
 (n) Re Cuming, supra ; re Col- to convey, see re Hey, 9 Hare, 
 
 lingwood, 6 W. R. 536. 221. 
 
 (o) Re Taylor, W. N. (1866), 5. (u) Paterson v. Paterson, L. R. 
 
 (p) Re Harrison, Seton, 516. 2 Eq. 31 ; re Filter oft, 1 Jur. N. S. 
 
 (q) Re Boyce, 4 D. J. & S. 205 ; 418 ; but see re Howard, 3 W. R, 
 
 Seton, 515 ; Morgan, 81. 605 ; Cooper v. Jones, 2 Jur. N. S. 
 
 (r) Re Dalgleish, 4 Ch. D. 143 69. 
 
 re Mundcll, 8 W. R. 683. (x) Paterson v. Paterson, supra.
 
 248 
 
 TRUSTEE ACT. 
 
 Property not 
 in England. 
 
 In Lunacy. 
 
 appear to consent, a verified certificate of his consent 
 being sufficient (y). 
 
 The powers given to the Chancery Division extend to 
 lands and personal estate in all the Queen's dominions 
 and colonies, except Scotland (z). 
 
 The powers given to the Judges in Lunacy extend to 
 all the Queen's dominions and colonies, except Scotland 
 and Ireland (a) ; and the powers given by the Act to the 
 Judges in Lunacy shall and may, with respect to lands 
 and personal estates in Ireland, be exercised by the Irish 
 Judges in Lunacy (6). 
 
 Notwithstanding the above express provisions, it has 
 recently been held that where a trustee of property con- 
 sisting partly of land in Ireland becomes lunatic, an order 
 may be made by the English Judges on a petition 
 instituted in Lunacy and the Chancery Division, appoint- 
 ing new trustees, and vesting the Irish land in them (c). 
 
 Vesting Stock or Choses in Action. 
 
 An order vesting the right to transfer stock, or receive 
 dividends, or sue for a chose in action, may be made by 
 the Judges in Lunacy whenever the trustee or mortgagee 
 of such stock or chose in action is a lunatic or of unsound 
 mind, whether such trustee or mortgagee is a sole or joint 
 trustee or mortgagee (d). 
 
 A similar order may be made where stock is standing 
 
 (y) Ayles v. Cox, 17 Beav. 584. 
 
 (z) Trustee Act, 1850, s. 54 ; re 
 Schqfteld, 24 L. T. 322 ; re Groom, 
 11 L. T. N. S. 336. 
 
 (a) Trustee Act, 1850, s. 56 ; re 
 Davies, 3 Mac. & G. 278. 
 
 (b) Trustee Act, 1850, s. 57. 
 
 (c) Re LamoUe, 4 Oil. D. 325 ; 
 and see re Hodgson, 11 Ch. D. 888. 
 
 (d) Trustee Act, 1850, s. 5. The 
 lunatic husband of a married woman 
 trustee is a trustee within this 
 section : re Wood, 3 D. F. & J. 
 125. The order should not vest 
 the stock in the persons beneficially 
 entitled, except as trustees : re 
 Currie, 10 Ch. D. 93.
 
 VESTING ORDERS. 249 
 
 in the name of a deceased person whose personal repre- 
 sentative is a lunatic or of unsound mind, or where a 
 chose in action is vested in a lunatic or person of un- 
 sound mind as the personal representative of a deceased 
 person (e). 
 
 Vesting orders of stock or choses in action may be In Chancery. 
 made by the Chancery Division in the following cases, viz. : 
 
 1. Where a sole or joint trustee of any stock is an Infant. 
 infant (/). 
 
 2. Where a joint or sole trustee of any stock or chose Abroad, or 
 
 cannot be 
 
 in action is out of the jurisdiction, or cannot be found, or found, 
 it is uncertain whether he is living or dead (g). 
 
 3. Where a sole or joint trustee of any stock or chose Refusal to 
 in action refuses to transfer the stock, or to receive the 
 dividends, or to sue for the chose in action or any interest 
 
 in respect thereof, for the space of twenty- eight days after 
 the request in writing of the person absolutely entitled (h). 
 
 4. Where stock is standing in the sole name of a 
 deceased person whose personal representative is out of the 
 jurisdiction, or cannot be found, or where it is uncertain 
 whether such personal representative is living or dead, 
 or such personal representative shall neglect or refuse to 
 transfer the stock or receive the dividends for twenty- 
 eight days after a written request by the person absolutely 
 entitled (i). 
 
 (e) Trustee Act, 1850, s. 6. (h) Trustee Act, 1850, 88. 23, 
 
 (/) Trustee Extension Act, 1852, 24 ; re Hartnall, 5 De G. & S. 111. 
 
 s. 3. See Sanders v. Homer, 25 One of several trustees is not the 
 
 Beav. 467 ; Gardner v. Cowles, 3 person absolutely entitled, nor is a 
 
 Ch. D. 304 : where the infant was tenant for life, where the applica- 
 
 beneficially entitled to stock stand- tion is for a transfer : Mackenzie v. 
 
 ing in his own name. Mackenzie, 5 De G. & S. 338 ; and 
 
 (g) Trustee Act, 1850, s. 22. see re Ellis, 24 Beav. 426. 
 
 See re Dennisvn, 2 D. M. & G. 900 ; (i) Trustee Act, 1850, s. 25. An 
 
 re Ryan, 9 W. R. 137 : where the order under this section was made 
 
 right to the stock was vested in the against the executrix of a last sur- 
 
 beneficiaries. viving trustee who had not proved
 
 250 TKUSTEE ACT. 
 
 5. Where any person shall neglect or refuse to transfer 
 stock or receive dividends, or sue for a chose in action, 
 for twenty-eight days after an order of the Chancery 
 Division for that purpose has been served upon him (,;'). 
 An order under this section was made on motion where a 
 previous order had been made appointing new trustees (&). 
 
 6. Where an order has been made appointing new 
 trustees (I). 
 
 Form of order j n accordance with the wording of the different sections 
 
 vesting stock. 
 
 of the Acts, vesting orders of stock and choses in action 
 are absolute (in) ; but the Court may give directions as to 
 the manner in which the right to any stock or chose in 
 action vested under the Act shall be exercised (ri). Thus, 
 although the Court has no jurisdiction under the Act to 
 order direct payment into Court (o), it may direct the 
 person in whom it has vested a fund to pay it into Court 
 under the Trustee Relief Act (^>). 
 
 Appointing Person to Convey, &c. 
 
 Whenever an order may be made under the Act vest- 
 ing any lands or releasing the contingent right of any 
 unborn person, the Judges in Lunacy, or the Chancery 
 Division, as the case may be, may, if deemed more con- 
 venient, make an order appointing a person to convey or 
 assign such lands or release such contingent right ; and 
 wherever an order vesting the right to transfer stock 
 
 and who had neglected to transfer M'CarlTiy, 1 L. R. Ir. 16. 
 
 for 28 days : re Ellis, 24 Beav. (m) As to the effect of vesting 
 
 426. orders of stock and choses in action, 
 
 (j) Trustee Extension Act, 1852, see Trustee Act, ss. 26, 27 ; Trustee 
 
 s. 4. The service should be per- Extension Act, s. 6. 
 
 sonal : Coles v. Benbow, W. 1ST. . () Trustee Act, 1850, s. 31. 
 (1873), 60. (o) Be Parby, 29 L. T. 72. 
 
 (k) Re HolbrooTc, 8 "W. R. 3 ; and (j) Re Thornton, 9 W. R. 475 ; 
 
 see Skynner v. Pelichet, 9 W. R. re Draper, 9 W. R. 805 ; and see 
 
 191. Gardner v. Cowles, 3 Ch. D. 304. 
 
 (I) Trustee Act, 1850, s. 35 ; re
 
 APPOINTMENT OF NEW TRUSTEES. 251 
 
 could be made under the Act, the Judges in Lunacy, or 
 the Chancery Division, as the case may be, may, if it be 
 deemed more convenient, make an order directing the 
 Bank or other company or society at once to transfer or 
 join in transferring the stock to the person or persons 
 named in the order (q). 
 
 Under this section an order has been made appointing 
 a beneficiary to be trustee, and directing the fund to be 
 transferred into his name (r). 
 
 Where stock is standing in the names of two persons 
 one of whom is out of the jurisdiction, it is necessary to 
 add a direction for the person within the jurisdiction to 
 join in the transfer (s). 
 
 A person may also be appointed to surrender copyh olds (). 
 
 Appointment of New Trustees. 
 
 Whenever it is expedient to appoint a new trustee or when new 
 new trustees, and it is found inexpedient, difficult, or im- 
 practicable so to do without the assistance of the Court, 
 the Chancery Division may make an order appointing 
 such new trustee or trustees, either in substitution for or 
 in addition to any existing trustee or trustees, and whether 
 there be any existing trustee or not (u) ; and by the same 
 or any subsequent order the Court may vest any lands, 
 stock, or choses in action in such new trustee or 
 trustees (x). 
 
 (q) Trustee Act, 1850, s. 20. (s) Seton, 521. 
 
 Wilks v. Groom, 6 D. M. & G. (t) Trustee Act, 1850, s. 28. 
 
 205 ; Shepherd v. Churchhill, 25 (u) Trustee Act, 1850, s. 32 ; 
 
 Beav. 21. For form of order, see Trustee Extension Act, 1852, s. 9. 
 
 Hubbard v. Hubbard, 2 H. & M. For cases under the last Act, see 
 
 38, 41 ; Ilcmcox v. Spittle, 3 Sm. Davis v. Chanter, 4 Jur. N. S. 272 ; 
 
 & G. 478 ; Seton, 507. re Herbert, 8 W. R. 272 ; Patcrson 
 
 (r) JKe Dickson, W. N. (1872), v. Paterson, L. R. 2 Eq. 31. 
 
 223. See Coles v. Benbow, W. N. (x) Trustee Act, 1850, ss. 34, 35. 
 
 (1873), 60 ; re Curric, 10 Ch.D. 93. Ante, pp. 245, 250.
 
 252 
 
 Lunacy. 
 
 No estate. 
 
 Creditors' 
 deed. 
 
 Bankrupt. 
 
 Donee of 
 power. 
 
 TRUSTEE ACT. 
 
 In every case in which the Judges in Lunacy may make 
 a vesting order, they may also make an order appoint- 
 ing a new trustee or new trustees without its being neces- 
 sary that the order should be made in Chancery as well as 
 in Lunacy (y). 
 
 New trustees may be appointed where the trust is 
 merely an office without any estate (z). 
 
 New trustees may be appointed of a creditors' deed, 
 registered under the Bankruptcy Act, 1861, by the Chan- 
 cery Division (a) ; or if the trustee has become of unsound 
 mind, by the Judges in Lunacy (6). 
 
 The Court cannot on petition under the Act remove a 
 trustee who is able and willing to act (c) ; unless he is a 
 bankrupt, in which case it is the duty of the Court to 
 remove him, if he has trust money to receive or deal with, 
 which he can easily misappropriate (d). The Court can 
 also remove a trustee who has compounded with his cre- 
 ditors, although he has paid the composition (e). The 
 petition in such cases should also be intituled in the matter 
 of the Bankruptcy Act, 1869. 
 
 The Court will not appoint new trustees where there is 
 a power, and the donee is willing to exercise it, though it 
 is alleged the power will be improperly exercised (/) ; but 
 where the donee is a lunatic, or of unsound mind, a new 
 trustee may be appointed in Chancery (g). 
 
 (y) Trustee Extension Act, 1852, 
 s. 10, post, p. 257. 
 
 (z) Re Boyce, 4 D. J. & S. 205 ; 
 Seton, 540. 
 
 (a) Re Price, L. R. 6 Eq. 460 ; 
 re Bache, W. N. (1868), 223 ; re 
 Raphael, L. R. 9 Eq. 233. 
 
 (b) Re Donistliorpc, L. R. 10 Ch. 
 55. 
 
 (c) Re Hadley, 5 De G. & S. 67 ; 
 re Blanchard, 3 D. F. & J. 131 ; re 
 Hodson, 9 Hare, 118. 
 
 (d) Re Barker, 1 Ch. D. 43 ; re 
 Adams, 12 Ch. D. 634. 
 
 (e) Re Adams, 12 Ch. D. 634. 
 (/) Re Hodson, 9 Hare, 118 ; 
 
 but see re Humphry, 1 Jur. N. S. 
 921. 
 
 (g) Re Sparrow, L. R. 5 Ch. 
 662 ; re Heaphy, 18 W. R. 1070 ; 
 re Vickers, W. K (1876), 178 ; but 
 see Lunacy Regulation Act, 1853, 
 s. 137 ; re Parker, 32 Beav. 580.
 
 APPOINTMENT OF NEW TRUSTEES. 253 
 
 The Court has jurisdiction to appoint trustees under the Never were 
 Act where there have never been any trustees, provided any trustees - 
 the heir of the testator is before the Court (h). 
 
 The Court will not appoint a trustee in the place of one Trustee 
 who has gone abroad, if his absence is merely tern- abroad< 
 porary (i). But a new trustee will be appointed in the 
 place of a trustee permanently residing abroad, and the 
 order may be made without his consent (&). 
 
 Where an infant has been appointed trustee, the Court Infant trustee, 
 will generally appoint a new trustee in his place (I) ; but 
 the order should be without prejudice to any application 
 by the infant to be restored to the trust upon his coming 
 of age (m). 
 
 Where there is great difficulty in obtaining administra- Difficulty in 
 tion to a deceased or last surviving trustee, the Court ministration." 
 considers it " expedient " to appoint new trustees (ri). 
 
 So where it is doubtful whether the power to appoint Where power 
 new trustees in the settlement applies to the particular 
 case (o) ; or where the power does not apply in the events 
 which have happened (p). 
 
 The Court will re-appoint trustees who have been Re-appointing 
 already appointed under the power (q) ; and where a 
 vesting order is also asked for, and expense would be 
 
 (h) Re Smirthwaite, L. R. 11 Eq. (m) Re Shelmerdine, 33 L. J. Ch 
 
 251 ; re Davis, L. R. 12 Eq. 214 ; 474. 
 
 re Gillett, W. N. (1876), 251 ; (ri) Davis v. Chanter, 4 Jur. N. 
 
 Dodkin v. Brunt, L. R. 6 Eq. 580. S. 272 ; re MattJiews, 26 Beav. 463 ; 
 
 (i) Be Mais, 16 Jur. 608 ; re and see re Davis, L. R. 12 Eq. 214. 
 
 Moravian Society, 26 Beav. 103, (o) Re floodgate, 5 W. R. 448 ; 
 
 n. ; Withington v. Withington, 16 re Armstrong, ib. 
 
 Sim. 104. (p) Re Harrison, 22 L. J. Ch. 
 
 (k) Re Bignold, L. R. 7 Ch. 223 ; 60 ; Cooper v. Macdonald, 14 W. 
 
 Mennard v. Welford, 1 Sin. & G. R. 755 ; Travis v. Illingworth, 2 
 
 426. Dr. & S. 345 ; re Dawson, 3 N. R. 
 
 (I) Re Porter, 2 Jur. N. S. 349 ; 397. 
 
 re Gartside, 1 W. R. 196. (q) Re Dalylcish, 4 Ch. D. 143 ;
 
 254 
 
 TRUSTEE ACT. 
 
 thereby saved, it will appoint new trustees, though there 
 is no difficulty in exercising the power (r). 
 
 The Court will re-appoint the continuing trustees to be 
 sole trustees in the place of the continuing and retiring 
 trustees (s). 
 
 Felon. The Court may appoint a new trustee in the place of a 
 
 trustee convicted of felony (). 
 
 Charities. Appointments of new trustees of charities may be 
 
 obtained on summons in chambers under the Charitable 
 Trusts Act, 1853 (u) ; but the jurisdiction of the Court to 
 act upon petition is concurrently preserved (x). The 
 petition should be intituled in Sir S. Romilly's Act as well 
 as in the Trustee Act and in such other Act as is applic- 
 able (y). The fiat of the Attorney-General should be 
 applied for (z) ; and unless the application is made in a 
 pending action or matter, the sanction of the Charity 
 Commissioners should be obtained (a). Where trustees 
 have been so appointed, a vesting order under the 45th 
 section may be made in chambers (6). 
 
 Alien. New trustees of an alien's will have been appointed, the 
 
 Crown not opposing (c). 
 
 Invalid deed. The Court will refuse to enter into any question as to the 
 
 re Mundell, 8 W. R. 683 ; re 
 Driver, L. R. 19 Eq. 352. 
 
 (r) Re Davies, 3 Mac. & G. 278 ; 
 re Chauncey, 14 "W. R. 849 ; re 
 Manning, Kay, App. 28. 
 
 (s) Re Stokes, L. R. 13 Eq. 333 ; 
 re Tatham, W. N. (1877), 259 ; re 
 Harford, 13 Ch. D. 135 ; 41 L. T. 
 382. 
 
 (t] Trustee Extension Act, 1852, 
 s. 8. See 33 & 34 Vic. c. 23. 
 
 (u) Re Conyer's School, 10 Hare, 
 App. 5. 
 
 (x) 16 & 17 Vic. c. 137, s. 43 ; 
 
 Morgan, 98. 
 
 (y) Re Rolles, 3 D. M. & G. 153 ; 
 re Gloucester, 10 Hare, App. 3. 
 
 (2) Re Rolles, ubi sup. ; but see 
 Morgan, 98. 
 
 (a) 16 & 17 Vic. c. 137, s. 17 ; 
 re Jarvis, 1 Dr. & S. 97. 
 
 (I) Re Davenport, 4 D. M. & G. 
 839. 
 
 (c) Re Martinez, W. N. (1870), 
 70 ; and see re Giraud, 32 Beav. 
 385 ; but see now 33 & 34 Vic. c. 
 14, s. 2, enabling aliens to hold 
 property.
 
 APPOINTMENT OF NEW TRUSTEES. 255 
 
 validity of the deed, and has appointed new trustees of a 
 settlement which was alleged to be invalid (d). 
 
 The Court, in appointing new trustees, will generally Number of 
 appoint so many as will make up the original number, pointed! ap " 
 It will increase the number (e) ; but except under special 
 circumstances, it will not reduce it (/). Two were ap- 
 pointed in the place of three where the trust was almost 
 wound up (g) ; and also where no successor could be 
 found, and there was power to reduce the number (li). 
 
 The Court will not appoint a single trustee, though 
 only one was originally appointed (i) ; but where the 
 trust was nearly at an end, the Court appointed one in 
 the place of the one originally appointed (&). 
 
 The Court will not, as a general rule, appoint persons Who may be 
 resident out of the jurisdiction (1) ; unless the beneficiaries &I 
 are also resident abroad, or there are other special reasons 
 for doing so (m). 
 
 Nor will the Court appoint one of the cestuis que 
 trusts (ri) ; nor a near relative of the cestuis que trusts, 
 except under special circumstances (o). Where, however, 
 no other person could be found to accept the trust, the 
 
 (d) Re Matthews, 26 Beav. 463 ; Ellison, 2 Jur. N. S. 62 ; re Porter, 
 Att.-Gen. v. Ward, 6 Hare, 477. ib. 349. 
 
 (e) Birch v. Cropper, 2 De G. & S. (k) Re Reynault, 16 Jur. 233. 
 255 ; Plenty v. West, 16 Beav. (I) Re Guibert, 16 Jur. 852 ; re 
 356 ; re Boycott, 5 W. R. 15 ; Long, 17 W. R. 218. 
 IfAdliemar v. Bertrand, 35 Beav. (m) Re Hill, W. N. (1874), 228 ; 
 19. re Smith, W. N. (1872), 134; re 
 
 (/) Bulkeley v. Eglinton, 1 Jur. Drcwe, W. N. (1876), 168; re 
 
 N. S. 994. Cunard, 27 W. R. 52 ; re Austen, 
 
 (g) Re Marriott, W. N. (1868), 38 L. T. N. S. 601 ; re Curtis, Ir. 
 
 215. R. 5 Eq. 429. 
 
 (h) Re Stokes, L. R. 13 Eq. 333 ; (n) Exp. Clutton, 17 Jur. 988 ; 
 
 and see re Tatham, W. N. (1877), re Conybeare, 1 W. R. 458 ; re 
 
 259 ; re Harford, 13 Ch. D. 135. Clissold, 10 L. T. N. S. 642. 
 
 (i) Re Tunstall, 4 Dr. & S. 421 ; (o) Wilding v. Bolder, 21 Beav. 
 
 re Dickinson, Jur. N. S. 724 ; re 222. 
 Brackenbury, L. R. 10 Eq. 45 ; re
 
 256 TRUSTEE ACT. 
 
 Court has appointed a tenant for life (p) ; a cestui que 
 trust (q) ; a near relative (r) ; an unmarried lady (s) ; and 
 a solicitor of the petitioner (t). Where beneficiaries have 
 been appointed, the Court has required an undertaking 
 that, whenever either of them should become a sole trustee, 
 he would take immediate steps to appoint a co-trustee (u\ 
 The continuing trustees may be re-appointed without the 
 addition of a new trustee #. 
 
 Mode and Form of Application. 
 Application, Applications under the Act are usually made by peti- 
 
 how made. , s , , , , 
 
 tion (y) ; but an order may be made in a cause without 
 a petition (0), unless the application is in Lunacy (a). 
 
 Where an order has already been made appointing new 
 trustees, a subsequent vesting order may be obtained on 
 motion (6) ; and where new trustees of a charity have 
 been appointed under the Charitable Trusts Act, a vest- 
 ing order under s. 45 may be obtained in chambers (c). 
 
 Applications under ss. 29 and 30, that is where there 
 has been an order for sale or conveyance, may also be 
 mo de by summons (d). 
 
 (p) Exp. Glutton, 17 Jur. 988 ; (z) Hid. s. 43 ; Wood v. Beetle- 
 
 and see Forster v. Abraham, L. R stone, 1 E. & J. 213 ; D'AdJiemar 
 
 17 Eq. 351. v. Bertrand, 35 Beav. 19. 
 
 (q) Re Conybeare, 1 W. R. 458. (a) Je/ryes v. Drysdale, 9 W. R. 
 
 (r) Re Eattatt, "W. N. (1870), 428 ; re Daivson, 6 N. R. 346. 
 
 14 ; re Davis, L. R. 12 Eq. 214. (6) Re Holbrook, 5 Jur. K S. 
 
 (s) Re Berkley, L. R. 9 Ch. 720 ; 1333 ; Mackenzie v. Mackenzie, 
 
 re Campbell, 31 Beav. 176. Seton, 525. 
 
 (t) Re Ercntnall, "W. N. (1872), (c) Re Davenport, 4 D. M. & G. 
 
 77. 839 ; and see re Lincoln Methodist 
 
 (u) Re Burgess, W. N. (1877), Chapel, 1 Jur. N. S. 1011. 
 
 87 ; reHattatt, W. N. (1870), 14. (d) Cons. Ord. xxxv. 1 (4) ; 
 
 (x) Re Harford, 13 Ch. D. 135 ; Clark v. Ward, 14 W. R. 241 ; 
 
 re Stokes, L. R. 13 Eq. 333. and see Harrison v. Smith, 17 W, 
 
 ( y) Trustee Act, 1850, s. 40. R. 646.
 
 APPOINTMENT OF NEW TRUSTEES. 257 
 
 The petition must be presented in Lunacy if it affect To which 
 
 the estate of a trustee or mortgagee who is a lunatic or of 
 unsoumj mind (e) ; unless the trustee of unsound mind 
 is an infant (/) ; or is out of the jurisdiction (g). But 
 where one of several trustees is a lunatic, and it is desired 
 to appoint a new trustee in his place, the petition must 
 be entitled in the Chancery Division as well as in Lunacy, 
 otherwise the vesting order will sever the joint tenancy (7i). 
 And a petition for an order vesting stock standing in the 
 name of a lunatic in new trustees must also, it seems, be 
 presented in Chancery and Lunacy (i). 
 
 A petition for the appointment of a new trustee where 
 the donee of the power is a lunatic may be presented in 
 Chancery only (&). 
 
 A petition for the appointment of a new trustee in the 
 place of a trustee of unsound mind may, it seems, be pre- 
 sented either in Chancery (I) or Lunacy (m) ; and it seems 
 that where an order is made in Lunacy appointing a new 
 trustee in the place of a lunatic, other new trustees may 
 be appointed by the same order without intituling the 
 petition also in the Chancery Division (n). 
 
 Where a trustee of property partly Irish is a lunatic, 
 a petition for the appointment of new trustees and for 
 vesting the Irish property in them must be intituled both 
 in Lunacy and in the Chancery Division (o). 
 
 The petition must be intituled in the cause (if any), Title of peti- 
 tion. 
 
 (e) Trustee Act, ss. 3, 4, 5, 6 ; (i) Re Currie, 10 Ch. D. 93. 
 re Mascm, L. R. 10 Ch. 273 ; re (k) Re Sparrow, L. R. 5 Ch. 
 
 Ormerod, 3 D. & J. 249 ; Jc/ryes 662. See Lunacy Regulation Act, 
 
 v. Drysdale, 7 Jur. N. S. 667 ; but 1853, s. 137. 
 see Herring v. Clark, L. R. 4 Ch. (I) Re Vickcrs, 3 Ch. D. 112. - 
 
 167. (m) Re Owen, L. R. 4 Ch. 782 ; 
 
 (/) Re Arrowsmith, 6 W. R. re Donisthorpe, L. R. 10 Ch. 55. 
 642. (n) Re Owen, L. R. 4 Ch. 782. 
 
 (g) Re Gardner, 10 Ch. D. 29. (o) lie Lamottc, 4 Ch. D. 325 ; 
 
 (h) Re Pearson, 5 Ch. D. 982. and see re Jfodyson, 11 Ch. D. 888.
 
 258 TRUSTEE ACT. 
 
 and also in the matter of the Acts (p). If the petition 
 is for the appointment of new trustees of a charity, it 
 should also be intituled in the matter of Sir Samuel 
 Romilly's Act and such other Act as is applicable (q). 
 Who may peti- An application for the appointment of a new trustee or 
 
 tion. . 
 
 new trustees, or concerning any lands, stock, or chose in 
 action, subject to a trust, may be made by any person 
 beneficially interested, whether under disability or not, 
 or by any person duly appointed a trustee (r). 
 
 Where the application is concerning any lands, stock, 
 or chose in action subject to a mortgage, it may be made 
 by any person beneficially interested in the equity of 
 redemption, whether under disability or not, or by any per- 
 son interested in the monies secured by such mortgage (s). 
 
 The application may be made by a person contingently 
 entitled (t) ; or by the personal representatives of bene- 
 ficiaries (u) ; or, semble, by a new trustee duly ap- 
 pointed (x) ; but not by the committee of a lunatic 
 beneficiary (y). 
 
 Where a purchaser under a decree has paid his money 
 into Court, he is the proper person to apply for a vesting 
 order (z) ; but the plaintiff may be co-petitioner (a). A 
 vesting order has been made on the application of a 
 plaintiff in a creditor's administration suit, the purchaser 
 consenting (b). 
 
 A petition for reconveyance of the legal estate out- 
 
 (p) Huntley v. Clutterbuck, W. (t) Re Shcppard, 4 D. F. & J. 
 
 N. (1872), 81 ; Gough v. Bage, 25 423. 
 
 L. T. N. S. 738 ; but see Daniell, (u) Re Gill, Seton, 524. 
 
 1825, n. (c). (x) Exp. Russell, 1 Sim. N. S. 
 
 (q) Re Gloucester Charities, 10 404. 
 
 Hare, App. 3. As to consent of ( y) Re Bourke, 2 D. J. & S. 
 
 Commissioners and fiat of Att.- 427. 
 
 Gen., see re Rolles, 3 D. M. & G. (z) Ayles v. Cox, 17 Beav. 584. 
 
 153 ; ante, p. 254. (a) Rowley v. Adams, 14 Beav. 
 
 (r) Trustee Act, 1850, s. 37. 130. 
 
 (s) Ibid. (b) Re Wnujg, 1 D. J. & S. 356.
 
 SERVICE. 259 
 
 standing in a lunatic mortgagee should be presented by 
 the committee (c). 
 
 Service. 
 
 On petitions for the appointment of new trustees, all Beneficiaries, 
 persons beneficially interested should, as a general rule, 
 either join in the application or be served (d) ; but where 
 they are very numerous, or there is some other sufficient 
 reason why they should not all be served, service on some 
 may be dispensed with (e). Trustees with a power of 
 sale sufficiently represent their cestuis que trusts (/). 
 
 The retiring trustees should also be served, or should Retiring 
 
 . . trustee. 
 
 join as co-petitioners (g). 
 
 It has been held that a petition for a vesting order, or for Heir, 
 the appointment of a person to convey, need not be served 
 upon the infant heir of a trustee or mortgagee, nor upon the 
 guardian of such infant (h) ; but Jessel, M. R., in a recent 
 case, considered it contrary to principle to take an estate 
 out of a person without giving him notice, and ordered 
 the infant to be served (i). If, however, the heir is an 
 adult, he must be served, as he may be entitled to some 
 costs (k). 
 
 Where there have never been any trustees in conse- 
 quence of the death of them all in the testator's lifetime, 
 the heir of the testator must be served (I). 
 
 (c) Re Wheeler, 1 D. M. & G. Futwye v. Kennard, 3 L. T. N. S. 
 434 ; re Phillips, L. R. 4 Ch. 629. 687. 
 
 (d ) Re Fellows, 2 Jur. N. S. 62 ; (h) Re Tweedy, 9 W. R. 398 ; re 
 re Richards, 5 De G. & S. 636 ; re Willan, 9 W. R. 689 ; re Wise, 
 Sloper, 18 Beav. 596 ; re Maynard, 6 De G. & S. 415 ; re Little, L. R. 
 16 Jur. 1084 ; re Sourke, 2 D. J. 7 Eq. 323. 
 
 & S. 426. (t) Re Jones, 22 W. R. 837. 
 
 (e) Re Smyth, 2 De G. & S. 781 ; (k) Re Oxcnham, W. N. (1875), 
 re Sharpley, 1 W. R. 271 ; Jones 6 ; but see Purvis v. Abraham, W. 
 v. James, 9 Hare, App. 80. N. (1866), 126. 
 
 (/) Re Blanchard, 3 D. F. & J. (1) Gunson v. Simpson, L. R. 5 
 
 131 ; R. S. C. Ord. XVI., 7. Eq. 332 ; re Smirthwaitc, L. R. 11 
 
 (g) Re Sloper, 18 Beav. 596; Eq. 251, 
 
 s2
 
 260 
 
 TRUSTEE ACT. 
 
 Trustee re- 
 fusing to 
 convey. 
 
 Mortgagor. 
 
 Trustee of 
 unsound mind, 
 
 Annuitant. 
 
 Lessor. 
 
 Lord of the 
 manor. 
 
 Bankrupt 
 trustee. 
 
 It would seem, however, to be no longer necessary to 
 serve the heir or devisee of a mortgagee of freeholds or 
 copyholds (m) ; nor the heir of a bare trustee (ri). 
 
 Where the petition is for a vesting order against a 
 trustee or mortgagee who refuses to transfer or convey, 
 the petition need not be served upon such trustee or 
 mortgagee (o). 
 
 A petition by the committee of a lunatic mortgagee for 
 re-conveyance to the mortgagor must not be served on the 
 mortgagor (p). 
 
 A petition for the appointment of new trustees or for a 
 vesting order, need not be served upon a trustee of un- 
 sound mind not so found (q) ; but the committee of a 
 lunatic must be served (r). 
 
 A petition for a vesting order of land subject to an 
 annuity, need not be served upon the annuitant (s). 
 
 A petition in respect of leaseholds need not, in the 
 absence of any clause restricting assignment, be served 
 upon the owner of the fee (). 
 
 A petition for a vesting order of copyholds need not be 
 served upon the lord of the manor (u). 
 
 It seems that a petition for the removal of a bank- 
 rupt trustee should be served upon the bankrupt (#) ; 
 unless he has absconded (y). 
 
 (m) Vendor & Purchaser Act, 
 1874. 
 
 (n) 38 & 39 Vic. c. 87, s. 48. 
 
 (o) Re Baxter, 2 Sm. & G. App. 
 5 ; re Crowe, L. R. 13 Eq. 26 ; re 
 llussell, 1 Sim. N. S. 409. 
 
 (p) Re Phillips, L. R. 4 Ch. 
 629 ; re Jones, 2 Ch. D. 70. 
 
 (q) Re East, L. R. 8 Ch. 735 ; re 
 Green, L. R. 10 Ch. 272. 
 
 (r) Re Saumarez, 8 D. M. & G. 
 390 ; re Parker, 32 Beav. 580 ; re 
 Wood, 7 Jur. N. S. 323. 
 
 (s) Re Winteringliam, 3 W. R. 
 578. 
 
 (t) Re Matthew, 2 \V. R. 85 ; 
 but see re Fan-ant, 20 L. J. Ch. 
 532. 
 
 (u) Paterson v. Paterson, L. R. 
 2 Eq. 31 ; Ayles v. Cox, 17 Beav. 
 585. 
 
 (x) Exp. Whitely, 1 Dea. 478 ; 
 exp. Harris, 11 L. J. Bank. 16. 
 
 (y) Combes v. Brookes, L. R. 12 
 Eq. 61 ; re Rensliaw, L. R. 4 Ch. 
 783.
 
 EVIDENCE AND HEARING. 261 
 
 The Court has jurisdiction to order service of the peti- Service out of 
 
 .,. /., ..,.. , x jurisdiction. 
 
 tion upon minors residing out of the jurisdiction (z). 
 
 Evidence and Hearing. 
 
 Upon every application under the Act evidence must Evidence. 
 be adduced of the facts on which the application is 
 founded. 
 
 g 
 
 When the application is to divest an estate, it must be On petition for 
 
 vesting order. 
 
 supported by strict evidence (a) ; and whenever it vests an 
 estate in any person absolutely, the title of such person 
 must be proved by strict evidence. When the estate is 
 vested in trustees, the title of the persons beneficially 
 interested need not be strictly proved ; but an affidavit 
 of some person acquainted with the facts, showing who 
 they are and how their title arises, is sufficient (b). 
 
 If the application is for the appointment of new trus- On petition for 
 
 . . new trustees. 
 
 tees, evidence is required to show who are the parties 
 beneficially interested, though strict proof as to the parties 
 so interested is not necessary (c). The deaths or disability 
 of the trustees should, however, be strictly proved. The 
 fitness of the proposed trustees should be proved by affi- 
 davit, which must not be made by the solicitor of any of 
 the parties (d) ; and it seems that there ought to be an 
 affidavit or affidavits of two persons as to fitness (e). The 
 written consent of the proposed trustees to act, and an 
 affidavit verifying their signatures, must also be pro- 
 duced (/). The proposed trustees should not appear (#) ; 
 
 (z) Re Wyclwrlcy, 1 L. R. Ir. 12. solicitor, without certificates, was 
 
 (a) Re Powell, 4 K. & J. 338 ; held sufficient. 
 
 re Wise, 5 De G. & S. 415. (d) Grundy v. B-uckcridgc, 17 
 
 (b) Re Hoskins, 4 De G. & J. Jur. 731. 
 
 436 ; Daniell, 1825. . (e) Seton, 548. 
 
 (c) Seton, 548; re Hoslcins, (/) Re BaMcrsby, Ifi Jur. 900. 
 supra: where an affidavit of the (</) Re Draper, 2 W. K. 440.
 
 262 
 
 TRUSTEE ACT. 
 
 Hearing. 
 
 but they may do so for the purpose of consenting to act (h). 
 A disclaimer by deed does not appear to be necessary (i). 
 
 The Court has required an executor who had not 
 proved, to renounce probate before vesting the estate in 
 his co-executor (&). 
 
 Affidavits filed in a cause have been allowed to be used 
 as evidence on a petition (Z). 
 
 New trustees of a will of real estate have been ap- 
 pointed before probate, on evidence by one of the attesting 
 witnesses of the due execution of the will (m). 
 
 Upon the hearing of the petition the Court may direct 
 a reference, or may direct the petition to stand over for 
 further evidence or for further service (ri). Where the 
 evidence is satisfactory the Court will make the order 
 without a reference (o). 
 
 Where the petition relates to a person of unsound mind, 
 the Judges in Lunacy may direct a commission to issue 
 and may postpone making the order until a return has 
 been made to such commission (p). 
 
 Upon any petition under the Act the Court may post- 
 pone making any order until the right of the petitioner 
 or petitioners has been declared in a suit instituted for 
 that purpose (q). 
 
 Costs. 
 
 A petition under the Act may be dismissed with or 
 without costs (r). 
 
 Cost may be The costs and expenses of and relating to petitions, 
 estate. Ut orders, directions, conveyances, assignments, and transfers 
 
 Commission 
 may be di- 
 rected. 
 
 Suit may be 
 directed. 
 
 (h) Re ParJcc, 21 L. T. 218. 
 (i) Seton, 548 ; Foster v. Dawber, 
 1 Dr. & S. 172. 
 (fc) Re Badcock, 2 W. E, 386. 
 (1) Re Pickance, 10 Hare, App. 
 
 35. 
 
 (m) Re Wickens, W. N. (1879), 
 151. 
 
 (w) Trustee Act, 1850, s. 41. 
 
 (o) Re Tunstall, 4 De G. & S. 
 421 ; re Procter, 16 Jur. 233. 
 
 (p) Trustee Act, 1850, s. 52. 
 
 (q) Ibid., s. 53 ; Colliiison v. 
 Collinson, 3 D. M. & G. 409 ; re 
 Burt, 9 Hare, 289. 
 
 (r) Ibid., s. 42.
 
 COSTS. 263 
 
 under the Act, may be ordered to be paid and raised out 
 of the lands or personal estate, or out of the rents or 
 produce thereof, or as the Court shall direct (s). 
 
 Where the application is for the general benefit of the Corpus or in- 
 estate, as, for instance, the appointment of new trustees, the 
 costs will be ordered to be paid out of corpus as between 
 solicitor and client ; but where it is solely for the benefit 
 of the tenant for life, he will be ordered to pay the 
 costs (). Where an additional trustee was appointed on 
 the petition of and for the benefit of reversioners, they 
 were ordered to pay the costs (u). 
 
 Where no trust funds were available, the Court ordered May be charged 
 the amount with interest at 4< per- cent, to be a charge 
 upon the real estate and to be raised by mortgage (x). 
 
 The costs of obtaining a vesting order on a sale must be Vendor and 
 
 purchaser. 
 
 borne by the vendor (y) ; unless the conditions of sale 
 expressly provide for their payment by the purchaser (2). 
 
 The Court has no jurisdiction to make a respondent Respondents. 
 pay the costs of a petition under the Act (a). But a 
 trustee who makes an improper opposition will have to 
 bear his own costs, and will have the costs occasioned to 
 the other parties by his opposition deducted from the 
 costs properly payable to him (6). A respondent has been 
 ordered to pay the costs occasioned by irrelevant charges 
 introduced by him into the evidence (c). 
 
 The costs of a petition to get in the legal estate out- Costs in cases 
 standing in a mortgagee or his heir or trustee, who has 
 
 () Trustee Act, 1850, s. 51. (y) Aylst v. Cox, 17 Beav. 584 ; 
 
 (0 Re Fellvwes, 2 Jur. N. S. 62 ; re Nash, 4 W. R. 111. 
 Carter v. Sebright, 26 Beav. 374; (2) Bradley v. Munton, 16 Beav. 
 
 re PoLrby, 29 L. T. 72. 294. 
 
 (u) Re Brackcnbury, L. R. 10 Eq. (a) Re Primrose, 23 Beav. 590 ; 
 
 45. re Sparks, 6 Ch. D. 361 ; but see 
 
 (a:) Exp. Davits, 16 Jur. 882 ; now R. S. C. Orel. LV., ante, p. 12. 
 re Crabtree, 14 W. R. 497 ; Seton, (b) Re Wiseman, 18 W. R. 574. 
 
 514, 544. (c) Re Wills, Jur. N. S. 12'2r>.
 
 264 TRUSTEE ACT. 
 
 been found lunatic, will, if the petition is presented by 
 the mortgagor, be ordered to be paid by the petitioner (d). 
 If the petition is presented by the committee, they will 
 be ordered to be paid out of the lunatic's estate, if he is 
 beneficially entitled (e), or out of the trust estate, if he is 
 a trustee (/) But the mortgagor, whether served or not, 
 will not get his costs of appearance out of the lunatic's 
 estate (g) ; and where it clearly appears on the face of the 
 mortgage deed that the lunatic is a trustee, the costs will 
 be ordered to be paid by the mortgagor (/i). Where the 
 petition is for transfer of stock out of the name of a 
 lunatic trustee, no order will be made as to costs (i). 
 
 Where a mortgagee becomes of unsound mind, not so 
 found, and the mortgagor applies for a vesting order on 
 payment into Court of the debt, making the mortgagee a 
 respondent to the petition, the Court has no jurisdiction 
 to order the costs to be paid out of the mortgage debt, but 
 each party must bear his own costs (&). 
 
 Two trust Where one petition was presented for the appointment 
 
 funds. O f new trustees of two trust funds, the costs were ordered 
 
 to be paid out of the two funds rateably (/). 
 
 Two petitions. Where two petitions, for the appointment of new 
 trustees of the same will, were presented on the same day, 
 the costs of the second only, as being the more perfect, 
 were allowed out of the estate (m). 
 
 (d) lie Stuart, 4 De G. & J. 317 ; (h) Re Lewes, 1 Mac. & G. 23 ; 
 re Jones, 2 D. F. & J. 554 ; but see but see re Townsend, 1 Mac. & G. 
 re Wheeler, 1 D. M. & G. 435. 686. 
 
 (e) Exp. Richards, 1 J. & W. (i) Be Garden, 6 N. R. 347. 
 264 ; re Wheeler, 1 D. M. & G. (k) Re Sparks, 6 Ch. D. 361 ; 
 434 ; re Phillips, L. R. 4 Ch. 629. but see re Viall, 8 D. M. & G. 439. 
 
 (/) Re Townsend, 1 Mac. & G. (I) Re Grant, 2 J. & H. 764. 
 
 686 ; re Jones, 2 Ch. D. 70. (m) Re Pring, 28 L. T. N. S. 
 
 (g) Re Phillips, L. R, 4 Ch. 467. 
 629.
 
 CHAPTER XXXII. 
 
 PETITION FOR ADVICE AND DIRECTION. 
 
 ANY trustee, executor, or administrator, shall be at Lord St. Leo- 
 liberty, without the institution of a suit, to apply by ^^ g Ac ^ ' 
 petition or summons for the opinion, advice, or direction 
 of the Court on any question respecting the management 
 or administration of the trust property, or the assets of 
 any testator or intestate (a). 
 
 The usual and proper course is to apply by petition (6). 
 
 The object of the Act is to enable trustees, executors, Object of the 
 or administrators, to obtain at a small expense the advice c ' 
 and direction of the Court upon minor questions respect- 
 ing the management or administration of the trust pro- 
 perty or assets ; and since the Act does not give any 
 right of appeal, it was not intended to authorise adjudica- 
 tions upon nice questions of law (c). 
 
 The advice and direction of the Court has been ob- What question 
 tained under the Act upon the following matters, viz., the 
 investment of trust funds (d) ; varying investments (e) ; 
 
 (a) 22 & 23 Vic. c. 35, s. 30 ; 233 ; re French, L. R. 15 Eq. 68 ; 
 Seton, 491, et seq. re Wcddcrburn, 9 Ch. D. 112 ; re 
 
 (b) Re Dennis, 5 Jur. N. S. 1388 ; Simson, 1 J. & H. 89 ; re Peyton, 
 For form of petition, see post. L. R. 7 Eq. 463. 
 
 (c) Re MockeU, Johns. 628 ; re (e) Re Cooper, W. N. (1873) 87 ; 
 Lorcnz, 1 Dr. & S. 401. re Clergy Orphan Corp., L. R. 13 
 
 (d) Re Knowles, W. N. (1868) Eq. 280.
 
 266 
 
 LORD ST. LEONARDS' ACT, 1859. 
 
 retaining hazardous investments (/) ; the payment of debts 
 or calls on shares (g) ; the appropriation and payment of 
 interest on legacies (7t) ; the maintenance and advance- 
 ment of infants (i) ; the execution of a discretionary 
 trust (k) ; the exercise of a power of sale or a power to 
 mortgage (I) ; the propriety of concurring in a sale (m) ; 
 the exercise of a power with the consent of an infant (ri) ; 
 the granting of leases (o) ; the laying out of money iii 
 building or drainage, or in other improvements or re- 
 pairs (p) ; and the compromise of claims by trustees (q). 
 What questions But the Court will not determine questions of con- 
 
 will not be . . . . 
 
 decided. struction (r) ; nor questions of importance and diffi- 
 
 culty (s) ; nor will it make an order affecting the rights 
 of parties to property (t) ; nor will it express an opinion 
 upon a hypothetical case (u) ; nor upon matters of de- 
 tail which cannot be properly dealt with without the 
 superintendence of the Court and the assistance of 
 affidavits (x). 
 
 Indemnity. Trustees acting under the advice and direction of the 
 
 Court will not be indemnified if they have been guilty 
 
 (/) Re Tuck, W. N. (1869) 15 ; 
 re Faming, 10 Jur. K. S. 307. 
 
 (g) Re, Box, 1 H. & M. 552 ; re 
 Garratt, W. K (1870) 106 ; re Cope, 
 W. K (1877) 87. 
 
 (h) Re Murray, W. N. (1868) 
 195. 
 
 (i) Re Kershaw, L. R. 6 Eq. 
 322 ; re Breed, 1 Ch. D. 226 ; re 
 Cotton, ibid., 232 ; re Tibbs, 17 
 W. R. 304 ; re Long, 17 W. R. 
 218. 
 
 (k) Symes v. Pugh, W. K (1875) 
 173. 
 
 (I) Re Stone, "W. K (1874) 4 ; re 
 Chaumer, L. R. 8 Eq. 569 ; re 
 Peyton, 10 W. R. 515. 
 
 (m) Earl Poulett v. Hood, L. R. 
 5 Eq. 116. 
 
 (n) Re Cardross, 7 Ch. D. 728. 
 
 (o) Re Shaw, L. R. 12 Eq. 124 ; 
 re Lees, W. N. (1875) 61. 
 
 (p) Re Lord Hotham, L. R. 12 
 Eq. 124 ; re Leslie, 2 Ch. D. 185 ; 
 but see re Barrington, 1 J. & H. 
 142. 
 
 (q) Seton, 492 ; re Mackintosh, 
 42 L. J. Ch. 208. 
 
 (r) Re Hooper, 29 Beav. 656 ; re 
 Bunnett, 10 Jur. K S. 1098 ; re 
 Thompson, W. K (1871) 190. 
 
 (s) Re Mockett, Johns. 628. 
 
 (t) Re Lorenz, 1 Dr. & S. 401 ; 
 re Evans, 30 Beav. 232. 
 
 (u) Re Box, 11 W. R. 304. 
 
 (x) Re Barrington, 1 J. & H. 
 142.
 
 PETITION FOR ADVICE AND DIRECTION. 267 
 
 of fraud, wilful concealment, or misrepresentation (y), and 
 they will only be indemnified upon the facts as stated in 
 the petition (z). 
 
 The usual and proper course is to apply by petition (a), who may 
 The application may be made by cestuis que trusts (b) apply< 
 or by one only of several trustees (c). And trustees may 
 apply, though the domicil of one of them and of the 
 testator is Irish (d). 
 
 The petition must be intituled in the matter of the Title of peti- 
 Act and in the matter of the particular trust, will, or tlon< 
 administration (e). The Act provides that the petition 
 shall be signed by counsel (/) ; but, qucere, whether this 
 is now necessary (gr). 
 
 No evidence is admissible on the application (h). The Evidence and 
 Court can only proceed upon the facts as stated in the mquu 
 petition, and no inquiries will be directed (i). 
 
 As a general rule, it is unnecessary to serve any one Service. 
 with the petition (k) ; but the petitioners should serve 
 such persons' as they think proper (I) ; and such service 
 should be affected seven clear days before the hearing, 
 unless the persons served consent to a shorter time (m). 
 
 There is no appeal from the opinion of the Court (n) ; Appeal. 
 and the opinion does not prevent an action (o). The 
 Court of Appeal will, however, at the request of the 
 Judge, hear the application (^9). 
 
 (y) 22 & 23 Vic. c. 35, a. 30. (h) Re Muggeridge, Johns. 625. 
 
 (z) Re. Mockett, Johns. 628. (i) Re Mockett, Johns. 628. 
 
 (a) Re Dennis, 5 Jur. N. S. 1388. (*) Re Tuck, W. N. (1869), 15 ; 
 
 (b) Re Ward, 14W. R. 96. re Larken, W. N. (1872), 85; re 
 
 (c) Re Muggeridge, Johns. 625. French, L. R. 15 Eq. 68. 
 
 (d) Re French, L. R. 15 Eq. 68. (I) Re Green, 6 Jur. N. S. 530 ; 
 
 (e) Ord. 20th March, 1860, r. 3. but see re Cook, W. N. (1873), 49 ; 
 For form of petition, see re Pctt, re Muggeridge, Johns. 625. 
 
 27 Beav. 676 ; re Miles, 27 Beav. (m) Ord. 20th March, 1 860, r. 3. 
 
 579 ; post. (n) Re Bunnett, 10 Jur. N. S. 
 
 (/) 23 & 24 Vic. c. 38, s. 9. 1098. 
 
 (g) R. S. C. Ord. XIX. 4 ; and (o) Morgan, 255. 
 
 tee 86 & 37 Vic. c. 66, s. 100. (p) Re Green, 2 D. F. & J. 121 ;
 
 268 LORD ST. LEONARDS' ACT, 1859. 
 
 Order. The opinion, advice, or direction of the Judge shall be 
 
 passed and entered, and remain as of record in the same 
 manner as any order made by the Court or Judge, and 
 the same shall be termed a "judicial opinion," or "judicial 
 advice," or "judicial direction," as the case may be (q). 
 
 Costs. The costs of the application are in the discretion of the 
 
 Court (r) ; and will be directed to be paid out of the 
 estate (s) ; or out of income, where the petition only 
 relates to income (t). 
 
 re Spilkr, 6 Jur. N. S. 386 ; 8 "W. Elmore, 6 Jur. N. S. 1325 ; re 
 
 R, 333. Lees, W. N. (1875), 61 ; re Leslie, 
 
 (q) Ord. 20th March, 1860, r. 4. 2 Ch. D. 185 ; re Thompson, W. 
 
 (r) 22 & 23 Vic. c. 35, s. 30 ; R. N. (1871), 190. 
 
 S. C. Ord. LV. 1. (t} Re Spilkr, 6 Jur. N. S. 386. 
 
 (s) Re Petts, 27 Beav. 576 ; re
 
 CHAPTER XXXIII. 
 
 PETITION FOB INQUIRY (LUNACY). 
 
 THE commission, including the order for inquiry, is Who may 
 obtained on petition to the Lord Chancellor. It is pe * 
 usually presented by one or more of the next of kin or 
 other member of the family of the supposed lunatic (a) ; 
 but, under special circumstances, it may be presented by 
 a stranger (6) ; or by the Attorney-General (c). 
 
 If, however, the lunatic is married, and the application 
 is not made by the husband or wife, the assent of such 
 husband or wife should be given in writing, the signature 
 being verified by affidavit, and filed with the Registrar (d). 
 Where the lunatic is unmarried, and the petition is not 
 presented by the next of kin, it should be shown that 
 they either assent to or are acquainted with the applica- 
 tion (e). 
 
 Petitions for a commission have been preferred by an 
 executor under a will against a legatee under the same 
 will ; by a trustee under a deed against his cestui que 
 trust; by creditors against their debtor; by the solicitor 
 of the Treasury against a person in prison ; by a tenant 
 against his landlord (/) ; and even by an absolute 
 stranger (g). 
 
 (a) Pope, 51 ; re Bedell, 2 Coop. (d) Elmer, 7. 
 T. L. C. 163. (e) Pope, 52. 
 
 (b) Re Anstie, 1 Mac. & G. 200; (/) Shelf. 114, 115. 
 
 re S , 25 W. R. 133. (g) Ibid. ; re S , 25 W. R. 
 
 (c) 1 Coll. Lun. 125. 133.
 
 270 LUNACY PETITIONS. 
 
 In determining whether a commission shall issue, the 
 Court will' consider whether it will be for the benefit of 
 the lunatic, and whether he requires protection either for 
 his person or property (h) ; and if such is the case, the 
 Court will not take into consideration the motives or de- 
 merits of the petitioner (i), though it may take care that 
 he shall have no control over the person or estate of the 
 lunatic (k). 
 
 Petition must The petition must be intituled " In the matter of A. B., 
 
 filed! 806 ' a supposed lunatic " ; and must be signed by the peti- 
 tioner and attested by a solicitor (I). The petition and 
 affidavits are filed with the Registrar in Lunacy, with 
 whom a plain copy of the petition should also be left. 
 The Registrar marks the original petition with the date 
 of its presentation and returns it to the solicitor, to enable 
 him to serve the alleged lunatic (m). 
 
 Evidence. The petition should be supported by affidavits, generally 
 
 of two medical men and of members of the family, or 
 other persons well acquainted with the lunatic, explaining 
 the particulars of the alleged insanity and the conduct 
 and conversation by which it is shown. The affidavits 
 should also state in general terms the nature and amount 
 of the alleged lunatic's property, and who are his nearest 
 relations (n). The affidavits must not be sworn before the 
 petitioner's solicitor (o). 
 
 Service. The petition, if presented by a stranger, must be served 
 
 on the nearest relations of the alleged lunatic ; and if pre- 
 
 (h) Exp. Tomlinson, 1 V. & B. (m) Elmer, 7. 
 
 57. (n) Ibid. 6. See Lunacy Eegu- 
 
 (i) Me J. B., 1 My. & Cr. 538 ; lation Act, 1853, s. 59. 
 
 re Clare, 3 Jon. & Lat. 571. (o) Me Hogan, 3 Atk. 813 ; Hop- 
 
 (k) Re Clare, 3 Jon. & Lat. 571. Tdn v. Hopkin, 22 L. J. Ch. 728 ; 
 
 (I) Gen. Ord. 4th May, 1827. Spittle v. Walton, 40 L. J. Ch. 
 
 As to presentation of the petition, 368 ; and see re Gregg, 23 L. T. N. 
 
 see post, p. 279. S. 234.
 
 PETITION FOR INQUIRY. 271 
 
 sented by one of the next of kin, without the consent of 
 the husband or wife, it must be served on the husband or 
 wife (p), 
 
 The alleged lunatic must be personally served with a 
 copy of the petition, upon which must be endorsed a 
 notice, signed by the petitioner or his solicitor, in the form 
 given in the Gen. Ord. 1853, r. 7 ; and an affidavit of 
 service, stating the time, place and mode of service, must 
 be filed with the Registrar (q). 
 
 Where personal service cannot be effected, or it is 
 deemed inexpedient to effect personal service, service may 
 be effected on some adult inmate at the dwellinghouse, or 
 usual or last known place of abode of the alleged lunatic 
 within the jurisdiction; and in such case the affidavit of 
 service should state the grounds and reasons for such sub- 
 stituted service (r). 
 
 Where there are no next of kin, it is nevertheless un- 
 necessary to serve the Attorney-General (s). 
 
 The alleged lunatic may, by a notice signed by him and Demand for 
 attested by his solicitor and filed with the Registrar, jury. 
 demand an inquiry before a jury (t) ; or he may, upon the 
 hearing of the petition for inquiry, by himself, his counsel, 
 or solicitor, orally or by petition, demand an inquiry by a 
 jury, or may withdraw any notice demanding an inquiry 
 by a jury previously filed by him (u). 
 
 If there is no opposition, and the Court is satisfied with Petition when 
 the evidence, and the propriety of the inquiry, and that hearing" f 
 due notice has been given to the alleged lunatic, and the 
 
 (p) Re Rean, 2 Coop. T. L. C. Watson, Jac. 161. 
 
 163. (t) Lunacy Regulation Act, 1853, 
 
 (q) Gen. Ord. 1853, rr. 7, 9 ; s. 40 ; Gen. Ord. 1853, r. 10. 
 
 Lunacy Regulation Act, 1853, s. (u) Lunacy Regulation Act, 1862, 
 
 40. For form of notice, see post. ss. 8, 9 ; re Crompc, L. R. 4 Ch. 
 
 (r) Gen. Ord. 1853, r. 9. 653. 
 
 (s) Re Early, 1 Jur. 624 ; exp.
 
 272 
 
 LUNACY PETITIONS. 
 
 time for requiring a jury has expired, and the affidavit of 
 service has been filed, an order issues as of course, direct- 
 ing an inquiry to be made. But if the petition is opposed, 
 or if a caveat has been lodged, or if the application be 
 made without the concurrence of the husband or wife, 
 or if, the alleged lunatic being unmarried, the application 
 be made without the concurrence of the next of kin, the 
 petition is set down by the Registrar for hearing before 
 the Court (x). 
 
 Two petitions. Where two petitions are presented in the same matter 
 and answered for the same day, that which was first pre- 
 sented is entitled to be first opened (y). 
 
 If the petitioner for an order for inquiry should die 
 before the order is executed, a new order on petition must 
 be obtained directing who shall prosecute the inquiry (z). 
 
 The carriage of the commission will be given to the 
 party who is most likely to bring out the whole truth (a) ; 
 subject to which a preference is given to the nearest of 
 kin (6), unless there is some good reason for preferring 
 other persons (c) ; but, as between relations, the carriage 
 will be given to the person whose petition was first pre- 
 sented, unless some impropriety on his part is shown, or 
 unless the other petition is clearly preferable (d). The 
 present practice, however, is to give the carriage to the 
 petitioner (e). 
 
 The Court may order the costs, charges, and expenses, 
 of and incidental to the presentation of any petition for a 
 commission or for an order of inquiry, and of and inci- 
 
 Death of 
 petitioner. 
 
 Carriage of 
 inquiry. 
 
 Costs. 
 
 (x) Ee Turner, 2 Coop. T. L. C. 
 163 ; re Galpine, 1 Coll. 197 ; 
 Elmer, 8 ; Pope, 55. 
 
 ( y) Ee Mallorie, 1 H. & T. 435 ; 
 re Brookman, 1 H. & T. 435 ; and 
 see re Wood; 29 L. J. Ch. 54. 
 
 (2) Elmer, 11 ; see Pope, 195. 
 
 (a) Re Webb, 2 Phil. 10 ; re 
 
 Whittaker, 4 My. & Cr. 441 ; re 
 Green, 2 Coop. T. L. C. 163. 
 
 (b) Ee Neslitt, 2 Phil. 245. 
 
 (c) Exp. Tomlinson, 1 V. & B. 
 57 ; re Anstie, 1 Mac. & G. 200. 
 
 (d) Ee Wood, 1 D. F. & J. 142 ; 
 re Bariatinski, 1 Phil. 379. 
 
 (c) Elmer, 10.
 
 PETITION FOR INQUIRY. 273 
 
 dental to the prosecution of any inquiry, inquisition, issue, 
 traverse, or other proceeding consequent upon such com- 
 mission or order, to be paid either by the petitioner or by 
 the parties opposing the petition, or out of the estate of 
 the alleged lunatic, or partly in one way and partly in 
 another (/). 
 
 The costs, charges, and expenses of the petitioner will 
 ordinarily be directed to be paid out of the estate, if there 
 was reasonable ground for presenting the petition, even 
 though the alleged lunatic be ultimately found sane (g), 
 and though the lunatic die before a committee of his 
 estate has been appointed (h). But where the petition is 
 vexatious, or is solely for the benefit of the petitioners, or 
 where there is misconduct on their part, they will be 
 ordered to pay their own costs, and even the costs of all 
 parties to the application (i). 
 
 The lunatic's costs of opposing a commission of inquiry 
 will be allowed, as between solicitor and client, even where 
 such opposition is vexatious (k) ; but the costs occasioned 
 by the vexatious opposition of other parties will be ordered 
 to be paid by them (I). 
 
 The order should specify the particular business in 
 respect of which costs are desired ; the practice being, not 
 to direct taxation of costs from the foot of the last taxa- 
 tion, but only taxation of the costs of the particular pro- 
 ceedings of which costs have not already been given (m). 
 
 (/) Lunacy Regulation Act, 1862, Tutin, 3 V. & B. 149 ; re Clare, 3 
 
 s. 11. See exp. Glover, 1 Mer. 269. Jon. & Lat. 571 ; exp. Glover, 1 
 
 (g) re F , 2 D. J. & S. 89 ; Her. 269. 
 
 re C , L. K. 10 Ch. 75 ; cf. re (k) Field v. Tarncr, 3 W. R. 
 
 Windham, 10 W. R. 499; re 469. 
 
 S , 4 Cb. D. 301. (1) Re Smith, 1 Russ. 348. 
 
 (h) Re Mcares, 10 Ch. D. 552. (m) Pope, 206. 
 
 (i) Be S , 4 Ch. D. 301 ; re
 
 CHAPTER XXXIV. 
 
 LEAVE TO ATTEND INQUIRY. 
 
 Petition for WHERE there is a commission of lunacy, none but the 
 leave to attend. a }} e g e( j lunatic, or persons acting on his behalf, can be 
 
 heard on the inquiry without special leave, to be obtained 
 
 on petition in lunacy (a). 
 Leave when The granting of such leave is purely in the discretion of 
 
 the Court (6) ; and it will not, as a general rule, be given, 
 
 unless the attendance of the applicant will be for the 
 
 benefit of the alleged lunatic (c), or will be likely to aid in 
 
 bringing out the truth (d). 
 
 Persons will not be allowed to attend merely on the 
 
 ground of relationship (). 
 
 Leave may be The Court in granting leave to attend may impose any 
 conditional. > -. 
 
 conditions as to the costs of such attendance (/), or as to 
 
 the extra costs caused by any such attendance (g), as it 
 may deem fit ; but the Court will not make the order con- 
 ditional upon the terms of the petitioner's consenting to 
 be bound by the verdict (h). 
 
 Access to Where liberty to attend is given, the Court will also 
 
 allow access to the alleged lunatic for the purpose of pre- 
 paring for the investigation (i). 
 
 (a) He Clements, 2 Coop. T. L. re Webb, 2 Phil. 10. 
 
 C. 166 ; Pope, 57. (g) Re Richards, 1 D. M. & G. 
 
 (b) Re Nesbitt, 2 Phil. 245. 719. 
 
 (c) Re Watts, 1 Phil. 512. (h) Se Nesbitt, 2 Phil. 245. 
 
 (d) Re Nesbitt, 2 Phil. 245. (i) Re Bariatinski, 1 PhiL 375, 
 
 (e) Re Nesbitt, 2 Phil. 245. 379. 
 (/) Re Parkinson, 5 Jur. 547 ;
 
 CHAPTER XXXV. 
 
 LEAVE TO TRAVERSE. 
 
 TRAVERSE is the usual process by which a person found Traverse. 
 lunatic, or others on his behalf, may set aside the decision 
 or verdict so finding him (a). 
 
 Leave to traverse the inquisition is a matter of right. i s a matter 
 But, although of right, the issuing of the writ is under a of nght- 
 certain control ; and where, for example, the Lord Chan- 
 cellor, on personally inspecting the lunatic, sees instantly 
 the signs of absolute raving madness, leave to traverse 
 will not be granted. The Court has merely to ascertain 
 whether the application is the act of the free will of the 
 alleged lunatic, and not whether the will is that of a person 
 of sound or unsound mind (6). 
 
 The right to traverse belongs not only to the alleged who is entitled 
 lunatic, but also to any person having an interest in point to travtrse - 
 of estate, or aggrieved by the inquisition (c). Thus, the 
 application for leave may be made by a husband or 
 wife (d), or by an alienee of the alleged lunatic (e). The 
 conduct, however, of the parties applying for such leave 
 may disentitle them to the right to traverse (/). 
 
 (a) Pope, 71. (d) lie Fust, supra; re Nugent, 
 
 (6) Re Cumminy, 1 D. M. & G. 2 Moll. 517. 
 
 537, 554, 557 ; Sherwood v. Sander- (e) Sherwood v. Sanderson, 19 
 
 son, 19 Ves. 280. Ves. 280, 286 ; re Roberts, 3 Atk. 
 
 (c) Re Camming, 1 D. M. & G. 308, 312. 
 
 553; re Fust, 1 Cox. 418; ry (/) Re Fiul, 1 Cox, 418; tip. 
 
 Ward, 6 Ves. 579. Ward, 6 Ves. 579. 
 
 T 2
 
 276 
 
 LUNACY PETITIONS. 
 
 Examination 
 of lunatic. 
 
 Petition must 
 be presented 
 within three 
 months. 
 
 Security. 
 
 Persons not 
 petitioning 
 within the 
 time are 
 barred. 
 
 Order. 
 
 Before leave to traverse is given the alleged lunatic 
 must be personally examined by the Lord Chancellor as to 
 his competence to form and express a wish to traverse (g). 
 
 An inquisition cannot therefore be traversed after the 
 death of the lunatic (h). 
 
 Any person desiring to traverse may, within three 
 months next after the return of the inquisition, present a 
 petition in Lunacy for that purpose. The order, if made, 
 will limit a time not exceeding six months from the date 
 of the order within which the person desiring to traverse, 
 and all other proper parties, are to proceed to trial of the 
 traverse (i). 
 
 The Court may by the same or any other order, direct 
 that the person desiring to traverse, not being the person 
 the object of the inquisition, shall, within three weeks 
 from the date of the order, give sufficient security to and 
 to the satisfaction of the Master for all proper parties 
 proceeding to trial within the time limited as afore- 
 said (fc). 
 
 Every person having a right to traverse, and not pre- 
 senting his petition for that purpose within the time 
 limited, or neglecting or refusing to give security as above, 
 or not proceeding to trial within the time limited, and all 
 persons claiming under him, are absolutely barred of his 
 or their right to traverse, unless the Court shall, under 
 the special circumstances of the case, think fit, upon peti- 
 tion for that purpose, to allow the traverse to be had and 
 tried (I). 
 
 The order allowing a traverse must be filed by the 
 solicitor having the carriage of it in the Petty Bag Office, 
 
 (g) Re Gumming, 1 D. M. & G. 
 537 ; Sherwood v. Sanderson, 19 
 Ves. 280, 283; Anon., Moseley, 
 
 71. 
 
 (h) Re Roberts, 3 Atk. 308, 312. 
 
 (i) Lunacy Regulation Act, 1853, 
 s. 148. As to presentation of the 
 petition, see post, p. 279. 
 
 (k) Ibid., s. 148. 
 
 (I) Ibid., 8. 149.
 
 LEAVE TO TRAVERSE. 277 
 
 where the draft traverse is prepared (m). The draft is 
 settled and signed by counsel, returned to the same office, 
 and afterwards engrossed on parchment (n). 
 
 No person shall be admitted to traverse oftener than 
 once (o). 
 
 Where the question of lunacy has been tried in some Petition for 
 branch of the High Court, a person is not entitled to 
 traverse. In such a ca^e a petition for a new trial or 
 inquiry must be presented -in Lunacy within three months 
 of the original trial (p). 
 
 The Court has an absolute discretion as to the costs of Costs. 
 and incidental to the prosecution of any traverse (q). 
 
 (m) The Petty Bag Office is to be (o) Lunacy Regulation Act, 1853, 
 
 abolished on the next vacancy ; 42 s. 150 ; but see Pope, 76, n. (s). 
 & 43 Vic. c. 78. (p) Lunacy Regulation Act, 1862, 
 
 (n) As to further proceedings, s. 7. 
 see Elmer, 79 ; Pope, 75. (q) Ibid., s. 11.
 
 CHAPTER XXXVI. 
 
 Report may 
 be confirmed 
 without a 
 petition. 
 
 When a 
 petition is 
 necessary. 
 
 CONFIRMATION OF MASTER'S REPORT. 
 
 THE report of the Master on being filed is, except in 
 the cases to be presently mentioned, submitted to the 
 Lord Chancellor for confirmation, without petition arid 
 Avithout the attendance of parties (a). 
 
 The cases in which a petition for the confirmation of 
 the report is necessary are as follows : 
 
 1. Where the Lord Chancellor, on referring a matter 
 
 to the Master to inquire and report, so directs ; 
 
 2. Where a statement of objections is brought in, and 
 
 all the objections are not abandoned ; 
 
 3. Where the Masters, having regard to the special 
 
 nature or circumstances of the case, are of 
 opinion that the report ought to be confirmed by 
 petition, and by endorsement on the report so 
 direct ; 
 
 4. Where no order is made on the report being sub- 
 
 mitted for confirmation without petition (b). 
 
 Petition ]Sf person can, without special leave, present a petition 
 
 against con- . t 
 
 fimiation. against the confirmation of a report ; but on the hearing 
 of the petition for confirmation of the report, any objec- 
 tions which have been formally insisted on before the 
 
 (a) Lunacy Regulation Act, 1853, 
 s. 95. As to the costs of an un- 
 
 necessary petition, sec ibid., s. 74. 
 (6) Ibid,, ss. 97, 95.
 
 CONFIRMATION OF REPORT. 279 
 
 Master (c) may be brought forward in opposition to the 
 confirmation of the report without any exceptions or cross 
 petition (d). 
 
 The petition is presented at the office of the Registrar ; Presentation 
 and on being answered in the usual manner, is set down 
 for hearing on the next petition day. Two clear days 
 must elapse between the presentation of the petition and 
 the day for hearing. The petition cannot be heard on 
 any other than the usual petition day without special 
 leave (e). 
 
 Copies of the petition so answered must be served on Service. 
 the solicitors for the several next of kin and on persons 
 having liberty to attend the proceedings, and upon any 
 person who has lodged a caveat against the order sought 
 by the petition (/). 
 
 Upon the hearing of an opposed petition, the counsel 
 for the person objecting to the report is, it seems, entitled 
 to begin (#). 
 
 The order is drawn up by the Registrar in Lunacy in Ord3r - 
 the same manner as other orders, and when signed by the 
 Lord Chancellor or other Judges in Lunacy, is entered by 
 the Registrar in a book kept for the purpose (h). 
 
 The petition must be filed before an order thereon can 
 be passed (i). 
 
 The order should not recite any part of the statements 
 contained in the petition, and only such part (if any) of 
 the prayer as may be necessary, and it should not state 
 any part of the Master's report, except the Master's con- 
 
 (c) Lunacy Regulation Act, 1853, (/) Tope, 34. 
 
 s. 93. (g) Re Toumsfiend, 1 Phil. 804 ; 
 
 (d) Ibid., s. 94. re Bariatinski, 1 Phil. 442. 
 
 (e) Elmer, 40. As to evidence, (h) Lunacy Regulation Act, 1853, 
 see Lunacy Regulation Act, 1853, s. 100. 
 
 s. 69. (<) Ibid., a. 98.
 
 280 
 
 LUNACY PETITIONS. 
 
 Costs. 
 
 Discharge of 
 committee. 
 
 elusion or opinion, or so much thereof as may be neces- 
 sary (k). 
 
 When the order deals with a fund the Registrar in 
 Lunacy certifies to the Paymaster-General the stocks, 
 funds, annuities, securities, or other effects, which by the 
 order are to be sold, transferred, or delivered out respec- 
 tively, in the same manner as the Registrars of the Court 
 of Chancery were formerly accustomed to do (I). 
 
 The Bank before acting under an order requires an 
 office copy of such order to be filed with them. 
 
 Orders made both in Chancery and Lunacy are drawn 
 up in duplicate and filed both in the Chancery Division 
 and in Lunacy (771). 
 
 A sole petitioner out of the jurisdiction must give 
 security for costs (ri). 
 
 Petitions and other documents shall not contain unne- 
 cessary recitals or statements of proceedings or documents 
 previously taken or used in the matter ; and the Taxing- 
 master may disallow the costs of any petition or other 
 document, which is unnecessary or improper, in the whole 
 or in part, or of unnecessary length (o). 
 
 A committee may either apply by petition in Lunacy to 
 be discharged from his office, or he may obtain from the 
 Master a report in favour of his discharge, which in a 
 proper case will be confirmed by fiat. The latter, how- 
 ever, seems to be the proper and usual course (p). 
 
 (&) Lunacy Regulation Act, 1853, 
 s. 98. 
 
 (I) Ibid., s. 101. 
 
 (m) Elmer, 41. 
 
 (n) Re Grossett, June, 1867, cit. 
 Elmer, 45 ; and. see ante, p. 5. 
 
 (o) Lunacy Regulation Act, 1853, 
 
 s. 89 ; and see ibid., s. 74. As to 
 costs generally, see Lunacy Regu- 
 lation Act, 1862, s. 11 ; ante, p. 
 273. 
 
 (p) Pope, 135 ; and see re 
 French, L. R. 3 Ch. 317.
 
 CHAPTER XXXVII. 
 
 SUPERSEDEAS. 
 
 THE inquisition of lunacy may be superseded either on Grounds for a 
 
 . , , supersedeas. 
 
 formal or on material grounds. 
 
 A commission may be superseded on formal grounds : 
 (1) where the party has been irregularly found to be a 
 lunatic, as for instance where there has been misconduct 
 on the part of the officer holding the inquisition, or on the 
 part of the jury or witnesses (a) ; or (2) where the lunacy 
 has not been carried back by the inquisition as far as 
 was warranted by the evidence adduced before the com- 
 missioners and the jury (6). 
 
 A commission may be superseded on material grounds : 
 (1) where the lunatic is restored to a sound state of mind, 
 and is capable of managing his affairs ; or (2) where there 
 are circumstances which render some other arrangement 
 than that introduced by the commission beneficial to the 
 lunatic (c). 
 
 A commission cannot be superseded as to the person of Commission 
 the lunatic, and at the same time continued in force as S u^rseded 
 against the parties accountable for the lunatic's estate. ' m part- 
 But a lunatic who has recovered will be allowed, without 
 superseding the commission, to have the control of his 
 
 (a) Exp. Glover, 1 Her. 269 ; Lunacy Regulation Act, 1862, s. 3 ; 
 exp. Roberts, 3 Atk. 6 ; Pope, 190. re Sottomaior, L. R. 9 Ch. 677. 
 
 (b) Re Wooller, cit. Shelf. 282 ; (c) Pope, 190. 
 re Warren, ibid. ; but see now
 
 282 
 
 LUNACY PETITIONS. 
 
 "Who may pre- 
 sent petition. 
 
 Evidence. 
 
 Service. 
 
 fortune and to superintend the prosecution of accounts 
 against accounting parties without the intervention of the 
 committee (d). 
 
 The application for a supersedeas is made by petition 
 in Lunacy. The petition should be presented in the name 
 of the person who is alleged to have recovered a sound 
 mind, and not in the name of his next of kin (e) ; but the 
 committees of his person and estate may be joined as co- 
 petitioners (/). It seems, however, that a petition may 
 be presented in the name of the lunatic by third 
 parties (g}. 
 
 The petition must be supported by strong evidence of 
 the petitioner's restoration to sanity, which should be 
 given by medical men or other persons competent to form 
 an opinion on the subject (h) ; and such evidence should 
 show that the witnesses are aware of the grounds on which 
 the lunacy was established, and should affirm the removal 
 of them as well as address itself to the general health of 
 the lunatic (i). It is not, however, necessary to prove 
 that the lunatic is restored to as perfect a state of mind 
 as he had before he became insane, if it is shown that he 
 is really of sound mind and capable of managing his 
 affairs (&). The existence of a delusion is a symptom of 
 unsoundness of mind ; and, semble, a commission will 
 not be superseded so long as the delusion continues to 
 exist (I). 
 
 A copy of the petition with the order for hearing en- 
 dorsed thereon must be served upon the committees and 
 
 (d) Re Gordon, 2 Phil. 242. 
 
 (e) Exp. Stanley, 2 Ves. sen. 25. 
 (/ ) Exp, Bumpton, Moseley, 78. 
 (g) Re Dyce Sombre, 1 Mac. & G. 
 
 116 : where the lunatic was abroad. 
 (h) Shelf. 279. 
 
 (i) Pope, 191. 
 
 (k) Exp, Holyland, 11 Ves. 9. 
 
 (I) Ee Dyce Sombre, 1 Mac. & G. 
 116; and see Att.-Gen. v. Parn- 
 tlier, 3 Bro. C. C. 441.
 
 SUPERSEDE AS. 283 
 
 next of kin, or on the latter only if there is no com- 
 mittee (m). 
 
 The lunatic must be seen and examined in private by Examinati ~,n 
 
 of lunatic. 
 
 the Lord Chancellor, either at the hearing of the petition, 
 or at some other time specially appointed for the purpose. 
 This is an essential preliminary to the issue of the super- 
 sedeas, and will not be dispensed with, except under very 
 special circumstances (n). 
 
 When after examination of the lunatic the Court is not Suspending 
 
 commission. 
 
 completely satisfied as to the recovery of the lunatic, one 
 of two courses may be adopted : the Court may either 
 direct an issue to try the fact (o), or may more or less 
 suspend the commission until it is seen what is the effect 
 of removing the restraint of the commission. The latter 
 course is now generally adopted, and it seems that a 
 supersedeas should not in any case be at once granted ; 
 but that in all cases the commission should be merely 
 suspended in order that the Court may be satisfied not 
 only that there is recovery whilst the restraint of the 
 commission continues, but that the recovery will be con- 
 tinuous when that restraint is removed (p). The lunatic 
 is in the meantime usually allowed complete liberty, and 
 also the control and management of his estate (q). 
 
 Upon the issue of a supersedeas the accounts of the Discharge of 
 
 security. 
 
 committee are finally taken before his security is dis- 
 charged, unless the Master thinks fit to dispense with 
 them (r). The deeds and other things deposited with the 
 Master are also delivered out on the confirmation of the 
 
 (m) Elmer, 81. (q) Ibid. As to payment out of 
 
 (n) Re Dycc Sombre, 1 Phil. 436 ; a fund in Court belonging to the 
 
 re Gordon, 2 Phil. 242. lunatic, see Leaf v. Coles, 1 D. M. 
 
 (o) Exp. Holyland, 11 Ves. 9 ; & G. 417. 
 
 PoP 6 ' m - (r) Pope, 187. As to discharge 
 
 (p) Re Blackmore, 1 D. J. & S. of the security, see Gen. Ord. 1863, 
 84, and cases there cited. r. 46.
 
 284 
 
 LUNACY PETITIONS. 
 
 Inquisition 
 may be sus- 
 pended upon 
 terms. 
 
 report as to who is entitled to receive them (s), unless 
 the Lord Chancellor in the order shall have otherwise 
 directed (). 
 
 Where it appears to the Court to be for the lunatic's 
 benefit and to be expedient that the inquisition should be 
 superseded on terms and conditions and subject to an 
 arrangement respecting the lunatic's estate, the Court 
 may, upon the consent of the lunatic and of such other 
 persons, if any, whose consent the Court may deem neces- 
 sary, order the inquisition to be superseded on such terms 
 and conditions, to be fulfilled by the lunatic or such other 
 person, and subject to such arrangement respecting the 
 lunatic's estate as the Court may under the circumstances 
 of the case think proper ; and may by the same or any 
 other order direct the lunatic and any other persons, being 
 consenting parties to the arrangement, to execute and do 
 all such conveyances, transfers, and things as may be 
 necessary or proper for securing the fulfilment of STich 
 terms and conditions and the completion of such arrange- 
 ment (u). 
 
 (s) Gen. Ord. 1853, r. 47. 
 
 (t) Elmer, 82. 
 
 (u) Lunacy Eegulation Act, 1853, 
 
 s. 152 ; Lunacy Regulation Act, 
 1862, s. 10.
 
 CHAPTER XXXVIII. 
 
 PETITION ON DEATH OF LUNATIC. 
 
 WHERE there is a fund in Court a petition must on the Payment out 
 death of the lunatic be presented by his executors or ad- representa- 
 ministrators for payment out of the fund after taxation tlves> 
 and payment of the costs of the committee and next of 
 kin (a). 
 
 The Court will not on the death of the lunatic ad- Court will not 
 minister his estate in Lunacy (b), though it will retain the the^estate* 
 fund in Court until a suit has been instituted to ascertain 
 who are the next of kin (c). If the lunatic was seised of 
 real estate the Court will leave the question as to the real 
 estate untouched, in order that any person may assert his 
 title to the estate ; but it is not the duty of the committee 
 to come to the Court in the first instance (d). The Court 
 has no jurisdiction in Lunacy after the death of the lunatic 
 to try the question of heirship ; but in a case of disputed 
 heirship possession was, under the circumstances, given to 
 the parties reported by the Master to be the heirs (<?). 
 
 The petition is intituled " In the matter of A. B., a Title and form 
 person of unsound mind now deceased ; " or, " In the of P tltlon - 
 
 (a) Elmer, 99 ; Pope, 198. As (d) Be Butler, L. R. 1 Ch. 607, 
 to transfer of the fund to the credit 611 ; re Ferrior, L. B. 3 Ch. 175. 
 of a cause, see Shelf. 290. (e) Exp. Clarke, Jac. 589, 592 ; 
 
 (b) Exp. Gilbert, 1 B. & B. 297 ; re Fitzgerald, 2 Sch. & Lcf. 432 ; 
 re Curric, 10 Ch. D. 98. re Fcrrioi; L. R. 3 Ch. 175. 
 
 (c) Wiyj v. Tiler, 2 Dick. 552.
 
 286 
 
 LUNACY PETITIONS. 
 
 Service. 
 
 Evidence. 
 
 Discharge of 
 security. 
 
 matter of A. B., a lunatic deceased." The petition need 
 not ask for directions as to passing the committee's final 
 account, nor for the discharge of his security (/). 
 
 The petition must be served on the next of kin and the 
 committee ; and the committee must be served though 
 he has passed his final account and his security has been 
 discharged (g). 
 
 The following evidence is necessary, namely : the 
 several records in lunacy referred to in the petition, the 
 probate of the will or letters of administration, an affidavit 
 of death and identity, a certificate of burial (not of death 
 merely), and a certificate of the fund in Court (h). 
 
 Upon the order for transfer being produced to the 
 Master, and upon its appearing that the directions con- 
 tained therein have been complied with, the bond given 
 by the committee will be delivered up by the Master to 
 be vacated and cancelled (i). If the security is by recog- 
 nizance, the Master, by certificate, directs the Clerk of 
 Inrolments in Chancery to attend the Master of the Rolls 
 with the inrolment of the recognizance to be vacated and 
 discharged. Ii' the security has been given by deposit of 
 a fund in Court, the Master by report approves the pay- 
 ment out of such fund, and on confirmation of the report, 
 the fund is paid out accordingly (&). 
 
 (/) Gen. Ord. 1853, r. 44. 
 
 (g) Re Wyldc, 5 D. M. & G. 25. 
 
 (h) Elmer, 250. 
 
 (i) Gen. Ord. 1853, r. 
 Elmer, 99. 
 (X:) Gen. Ord. 1853, r. 46.
 
 CHAPTER XXXIX. 
 
 SMALL PROPERTIES OF INSANE PERSONS. 
 
 WHERE the property of a person of unsound mind does Property under 
 not exceed 1000 in value, or does not produce an annual applied with- 
 income exceeding 50,. the Lord Chancellor intrusted as out in l uisitio11 ' 
 aforesaid may, without directing any inquiry under a com- 
 mission of lunacy, make such order as he may consider 
 expedient for the purpose of rendering the property of 
 such person or the income thereof available for his main- 
 tenance or benefit, or for carrying on his trade or busi- 
 ness (a). 
 
 For the purpose of giving effect to any such order the Sale and dis- 
 Lord Chancellor intrusted, as aforesaid, may direct the property. 
 property to be sold, mortgaged, or otherwise disposed of, 
 and a conveyance, transfer, or other disposition thereof to 
 be executed or made by any person on his behalf, and 
 may order the proceeds of any such sale, charge, or other 
 disposition, or the dividends or income of such property 
 to be paid to any relative of such insane person or to such 
 other person as it may be considered proper to trust with 
 the application thereof, to be by him applied in the main- 
 tenance or for the benefit of the insane person, or of him 
 
 (a) Lunacy Regulation Act, 1862, income : re Adams, 9 L. T. N. S. 
 
 s. 12 ; Harvey v. Trenchard, 34 626 ; cf. re Sandford, 1 Mac. & G. 
 
 Beav. 240. The sums are to bo 538 ; Pope, 212. 
 understood as net value ami net
 
 288 
 
 LUNACY PETITIONS. 
 
 ground of 
 insanity. 
 
 and his family, either at the discretion of such relative or 
 person, or in such manner and subject to such control, 
 and with or without such security as the Lord Chancellor 
 intrusted as aforesaid may direct; and for the purpose 
 above mentioned the Lord Chancellor intrusted as afore- 
 said, shall have the same powers with respect to the 
 property of such person as if he had been found lunatic 
 by inquisition (6). 
 
 Property of Where any person has, on the trial of any indictment, 
 quitted on the been acquitted on the ground of insanity, the Lord Chan- 
 cellor intrusted as aforesaid may, on being satisfied by 
 affidavit or otherwise of the continued insanity of such 
 person and of his being still in confinement, make any 
 such order with respect to the property of such person, 
 and the application thereof for his maintenance or benefit 
 or that of his family, or for carrying on his trade or busi- 
 ness, as above mentioned (c). 
 
 The application in pursuance of the above sections is 
 made by petition, which must be signed by the petitioner 
 and be attested by a solicitor, and may be in the form set 
 out in the Schedule to the Gen. Ord. 7th Nov., 1862, 
 subject to such variations as the circumstances of the case 
 may require (d). 
 
 The person of unsound mind must be served personally 
 with a copy of the petition, with a notice thereon indorsed, 
 signed by the petitioner, or his solicitor, in the form set 
 forth in the Gen. Ord., 7th Nov., 1862, r. 4 ; and an 
 affidavit of service, stating particularly the time, place, and 
 mode of service, must be filed with the Registrar (e). 
 
 Form of 
 petition. 
 
 (b) Lunacy Regulation Act, 1862, 
 s. 13. As to sale of land belonging 
 to a lunatic married woman, see 
 re Stables, 4 D. J. & S, 257. 
 
 (c) Lunacy Regulation Act, 1862, 
 s. 15. 
 
 (d) Gen. Ord. 7th Nov. 1862, 
 r. 3. For form of petition, see 
 post. 
 
 (e) Gen. Ord. 7th Nov. 1862, 
 rr. 4, 5. For form of notice to be 
 endorsed, see post.
 
 SMALL PROPERTIES. 289 
 
 The alleged insane person may object to the order 
 being made, by filing with the Registrar a notice, in the 
 form set forth in the Gen. Ord. (/). 
 
 The Lord Chancellor or Lords Justices may, upon con- Hearing. 
 sideration of the petition and the evidence, either make 
 an order without any attendance of counsel, solicitor, or 
 parties ; or may direct the petition to be set down for 
 hearing ; or may refer the matter generally to the Masters, 
 or may refer it to the Masters to make any particular 
 inquiry (g). 
 
 The Masters may direct notice of the proceedings to be 
 given to the next of kin, or to any other person (h). 
 
 Evidence as to the insanity, kindred, and property must Evidence, 
 be furnished, and it must be shown that the property, does 
 not exceed in value the prescribed limit, and that the sale 
 (if any) is practicable. The affidavit of one medical man 
 is generally sufficient (i). 
 
 (/) Gen. Ord. 7th Nov. 1862, r.6. see ibid., rr. 8, 9, 10. 
 (g) Ibid., r. 7. As to the in- (h) Ibid., r. 11. 
 quiries to be made by the masters, (i) Elmer, 128.
 
 CHAPTER XL. 
 
 When a 
 petition of 
 right will lie. 
 
 Form of 
 petition. 
 
 PETITIONS OF RIGHT ACT, 1860. 
 
 A PETITION of right will lie for the recovery of land or 
 goods, or any right in or to the same (a). It will lie to 
 enforce the grant of a right to work minerals (6) ; and 
 even for breach of a contract resulting in unliquidated 
 damages (c) ; and, semble, for relief against forfeiture of 
 a lease (d). 
 
 But a petition of right will not lie for unliquidated 
 damages for a wrongful act of the Crown (e) nor in 
 respect of lands in a colony (/) ; nor to recover money paid 
 by a foreign power to Her Majesty as compensation for 
 wrongs done to British subjects (g) ; nor for compensation 
 to a military officer for dismissal from his office (h). 
 
 A petition of right may be intituled in any of the 
 superior Courts in which the subject matter of such 
 petition, or any material part thereof, is cognizable (i). 
 
 The petition must be addressed to Her Majesty; and 
 if intituled in the Chancery Division, must be marked 
 with the name of the Judge before whom it is intended 
 
 (a) 23 & 24 Vic. c. 34, ss. 5, 16. 
 (6) James v. JKeg., 5 Ch. D. 153. 
 
 (c) Thomas v. Reg., L. R. 10 Q. 
 B. 31 ; Churchward v. Reg. , L. R. 
 1 Q. B. 173. 
 
 (d) Re Brain, L. E, 18 Eq. 389. 
 (c) ToUn v. Reg., 12 W. R. 838. 
 
 (/) Holmes v. Reg., 2 J. & H. 
 527 ; Seiner v. Salisbury, 2 Ch. D. 
 378. 
 
 (g) Hustomgee v. Reg., 24 W. R. 
 428. 
 
 (h) Re Tufnell, 3 Ch. D. 164. 
 
 (i) 23 & 24 Vic. c. 34, s. 1.
 
 PETITIONS OF RIGHT ACT. 291 
 
 to be prosecuted (k). It must state the name and address 
 of the suppliant, and of his solicitor (if any) ; and must 
 set forth with convenient certainty the facts entitling the 
 suppliant to relief; and must be signed by such suppliant, 
 his counsel, or solicitor (I). Semble, it is wrong to join 
 any one with the Queen as a respondent (?>i). 
 
 The petition must be left with the Home Secretary, for Fiat. 
 Her Majesty's fiat, which is obtained without fee (ri). 
 
 The petition, with the fiat thereon, together with a Filing peti- 
 printed copy of such petition and fiat (if the petition is 
 in writing) must be filed in the Filing and Record 
 Department of the Central Office (o). 
 
 A printed copy, sealed with the seal of the Filing and Service. 
 Record Department, must also be left with the Solicitor 
 of the Treasury, with an endorsement thereon, praying 
 for an answer within twenty-eight days (p). 
 
 Where the petition is for the recovery of property, or 
 any right in or to the same, which has been disposed of 
 by the Crown, a printed and sealed copy of the petition 
 and fiat shall be served upon the person in possession or 
 enjoyment of such property or right, endorsed with a 
 notice requiring him to appear within eight days, and to 
 answer within fourteen days (q). 
 
 The person so served shall, within the time so limited, Appearance 
 if he intends to contest the petition, enter an appearance ai 
 in the form set forth in the schedule to the Act; and 
 shall plead or demur to the petition within the time 
 
 (k) Gen. Ord. 1st Feb. 1862, r. 2. K, S. C. Dec. 1879. 
 
 (I) 23 & 24 Vic. c. 34, 8. 1. For (p) 23 & 24 Vic. c. 34, s. 3 ; 
 
 form of petition, see Schedule to Gen. Ord. 1 Feb. 1862, r. 3. For 
 
 Act ; and post. form of endorsement, see Schedule 
 
 (m) Kirk v. Reg., L. K. 14 Eq. to Act, No. 2 ; post. 
 
 558. (q) 23 & 24 Vic. c. 34, s. 5 ; 
 
 (n) 23 & 24 Vic. c. 34, s. 2. Gen. Ord. 1 Feb. 1862, r. 3. For 
 
 (o) Gen. Ord. 1st. Feb. 1862, form of endorsement, see Schedule 
 
 r. 1 ; 42 & 43 Vic. c. 78, s. 5 ; to Act, No. 3 ; post. 
 
 V 2
 
 292 PETITIONS OF RIGHT ACT. 
 
 specified in such notice, or such further time as the Court 
 or Judge may allow (r). 
 
 The time for pleading or demurring on behalf of Her 
 Majesty is twenty-eight days from the delivery of the 
 copy to the Solicitor of the Treasury, unless such time is 
 extended by the Court or Judge (s). The Crown may 
 plead and demur without leave (t). 
 
 Interrogatories. Interrogatories may be served upon any person or 
 persons who may be required to plead or answer thereto 
 other than Her Majesty's Attorney-General (u). 
 
 The Crown is entitled to discovery from the sup- 
 pliant (v) ; but a suppliant is not entitled to discovery 
 from the Crown (x). 
 
 In forma, ^ person may prosecute, or may be admitted to make 
 
 paupeos. * 
 
 his defence in formd pauperis to any petition of right 
 
 in the Chancery Division (y). 
 Costs. Costs may be given to or against the Crown and other 
 
 parties (z). 
 New procedure The procedure for the time being in force is to apply 
 
 to petitions of right, unless the Court shall otherwise 
 
 order (a). It seems, therefore, that the new procedure 
 
 under the Judicature Acts will apply to petitions of right ; 
 
 and that they will now be answered by a statement of 
 
 defence (6). 
 Old practice Notwithstanding the Act, a suppliant may still proceed 
 
 may be fol- 
 
 lowed. according to the practice before the passing of the Petitions 
 
 of Right Act, 1860(c). 
 
 (r) 23 & 24 Vic. c. 34, s. 5. (y) Gen. Ord. 1 Feb. 1862, r. 4. 
 
 (s) Ibid., s. 4. (z) 23 & 24 Vic. c. 34, ss. 11, 
 
 (t) Tobinv. Reg., 11 W. R. 701, 12; re Brain, L. R. 18 Eq. 389; 
 
 915. James v. Beg., L. R. 17 Eq. 502; 
 
 (u) Gen. Ord. 1 Feb. 1862, r. 4. re Tufnell, 3 Ch. D. 164. 
 
 (*) Tomline v. Beg., 27 W. R. (a) 23 & 24 Vic. c. 34, s. 7. 
 
 651. (b) Tomline v. Beg., 27 W. R. 
 
 (x) Thomas v. Reg., L. R. 10 Q. 651. 
 
 B. 44. (c) 23 & 24 Vic. c. 34, s. 18.
 
 CHAPTER XLL 
 
 CHARGING ORDER. 
 
 WHERE a person against whom any judgment or order When an order 
 for the recovery or payment of money has been obtained, tained. 
 has any interest whether in possession, remainder, or 
 reversion, and whether vested, or contingent, in any 
 government stocks, funds, or annuities, or in any stock 
 or shares of any public company in England (whether 
 incorporated or not), standing in his own name, or in 
 the name of any person in trust for him, or in the name 
 of the Chancery Paymaster, or has any interest in the 
 dividends, interest, or annual produce of any such stocks, 
 funds, shares, or annuities, any Divisional Court or any 
 Judge may order the interest of the judgment debtor 
 therein to stand charged with the payment of the amount 
 for which judgment was recovered, and interest thereon. 
 But no proceedings can be taken to have the benefit of 
 the charge until after the expiration of six calendar months 
 from the date of the order (a). 
 
 The Act does not seem to apply to cash in Court (6) ; 
 nor can a charging order be obtained for an unascertained 
 sum, nor for costs, until they have been taxed (c) ; but an 
 
 (a) 142 Vic. c. 110, s. 14 ; 3 & Barnes, 1 Ch. D. 630 : which ap- 
 4 Vic. c. 82, s. 1 ; R. 8. C. Ord. pears to be the sumo case. 
 XLVI. 1. (c) Widgvry v. Tester, 6 Ch. D. 
 
 (b) But see re Prince, Seton, 364. 
 306 ; see, however, Uvpewell v.
 
 294 
 
 CHARGING ORDER. 
 
 Application 
 how made. 
 
 Evidence. 
 
 order may be obtained in respect of a judgment debt made 
 payable on a future day (d). 
 
 The application for a charging order may be made by 
 petition or summons, and in the Chancery Division it 
 appears to be generally made by petition (e). The appli- 
 cation is made in the first instance, ex parte, and without 
 notice to the judgment debtor, and is merely for an order 
 to show cause, and to restrain any dealing with the fund 
 until the order is made absolute or discharged (/). 
 
 The application should be supported by evidence as to 
 the title of the applicant to the debt, and as to the debtor's 
 title to, or interest in, the property sought to be charged. 
 If the fund is in Court, the Chancery Paymaster's certificate 
 thereof will also be required (<?). 
 
 Form of order. The order made on such application usually directs that 
 the fund shall stand charged with the payment to the 
 applicant of the debt and interest, unless the debtor 
 within the time therein specified after service of the order 
 show good cause to the contrary ; and it restrains, in the 
 meantime, any dealing with the fund, without notice to 
 the applicant, if the fund is in Court, or absolutely, if it is 
 not (h). 
 
 The order nisi, when passed and entered, should be 
 served on the debtor, his solicitor, or agent (i). If it 
 affect a fund in Court, it should be lodged with the 
 Chancery Paymaster. If it affect any government stock 
 not in Court, it should be served on the chief accountant 
 of the Bank of England. If it affect the stock 
 
 Service. 
 
 (d) Bagnall v. Carlton, 6 Ch. D. 
 130. 
 
 (e) Daniell, 901 ; Seton, 305 ; 
 Widgery v. Tepper, 6 Ch. D. 364 ; 
 and see Rules of November 1878, 
 as to applications in other Divi- 
 sions. 
 
 (/) 1 & 2 Vic. c. 110, s. 16. 
 
 Or 
 
 (g) Daniell, 901 ; Wood v. Vin- 
 cent, 4 Beav. 419 ; Quarman v. 
 Williams, 5 Beav. 133 ; Lambert 
 v. Hutchinson, 13 L. J. Ch. 336. 
 
 (h) Seton, 305, et seq. 
 
 (i) 1 & 2 Vic. c. 110, s. 15; re 
 Paragon Mining Co., 10 \A r . R. 7ti.
 
 CHARGING ORDER. 295 
 
 shares of any public company, it should be served on 
 the authorised agent of such company (k). 
 
 If, within the time limited for showing cause, the debtor Order abso- 
 appear and show sufficient cause to the contrary, the order 
 may be discharged ; or if sufficient cause be not shown, 
 the order may be made absolute. If the debtor does not 
 appear, the order may be made absolute, on production 
 of an affidavit of service ; and the order absolute must be 
 served in the same manner as the order nisi (I). 
 
 Although a judgment creditor cannot take proceedings Proceedings to 
 to have the benefit of the charge until after the expira- 
 tion of six calendar months from the date of the charging 
 order (m), he may take proceedings to protect his interest 
 in the meantime (ri). 
 
 The Court will not, on the petition of a judgment Payment out. 
 creditor, who has obtained a charging order, direct the 
 fund to which it has been applied to be paid out to him 
 without the judgment debtor's consent (o). 
 
 Stop Order. 
 
 Stop orders were formerly obtained on petition ; but 
 the application is now in all cases made by summons (p.) 
 The costs of a petition will not be allowed (q) ; and a 
 petitioner will be ordered to pay the difference between 
 the costs of a summons, and the costs of a petition (r). 
 
 (k) 1 & 2 Vic. c. 110, s. 15. 259 ; and see Pearse v. Brooke, 
 
 (1) Daniell, 902 ; Stanley v. W. N. (1870), 216. 
 Bond, 8 Beav. 50. ( p) Wrench v. Wynne> 1 7 W. 
 
 (m) 1 & 2 Vic. c. 110, s. 14. R. 198 ; Walsh v. Wason, 22 W. 
 
 (n) Watts v. Jc/crycs, 3 Mac. & R. 676. 
 
 G. 422, 424 ; Eristcd v. Wilkins, (q) Walsh v. Wasm, supra. 
 
 3 Hare, 235, 239 ; Recce v. Taylor, (r) Wcllculcy v. Mornington, 41 
 
 5 De G. & S. 480. L. J. Ch. 776. 
 
 (o) Whitfield v. Prickdt, 13 Sim.
 
 CHAPTER XLII. 
 
 MARRIED WOMEN. 
 
 Married Women's Property Act, 1870. 
 
 Section 10. A POLICY of insurance effected by any married man on 
 
 >ney ' ' his own life, and expressed upon the face of it to be for 
 the benefit of his wife, or of his wife and children, or any 
 of them, shall enure and be deemed a trust, for the benefit 
 of his wife for her separate use, and of his children, or 
 any of them, according to the interest so expressed ; and 
 shall not so long as any object of the trust remains be 
 subject to the control of the husband, or his creditors, or 
 form part of his estate. When the sum secured by the 
 policy becomes payable, or at any time previously, a 
 trustee thereof may be appointed by the Chancery Divi- 
 sion, or by the Judge of the County Court of the dis- 
 trict in which the insurance office is situated ; and the 
 receipt of such trustee shall be a good discharge to the 
 office (a). 
 
 Where a person effected a policy upon his own life under 
 the Act for the benefit of his wife for her separate use, 
 and of his children as he should appoint, and died without 
 having exercised the power of appointment, leaving his 
 widow and one infant child, it was held that the policy- 
 moneys must be paid as to one moiety to the widow, and 
 
 () 33 & 34 Vic. c 93, s. 10. Married Women's Property Acts, 
 For form of petition, see Griffith's p. 83 ; and post.
 
 MARRIED WOMEN'S PROPERTY ACT. 297 
 
 that the other moiety must be invested in trust for the 
 child, and the income paid 'during his minority to the 
 widow for his maintenance (6). 
 
 Where the policy was effected for the benefit of the 
 wife and children, but the interest they were to take was 
 not expressed upon the face of the policy, the moneys, 
 after payment thereout of costs, were directed to be in- 
 vested, and the income paid to the widow for life for her 
 separate use without power of anticipation, with remainder 
 to the children on attaining twenty-one or marriage, with 
 remainder to the widow absolutely (c). 
 
 But where the husband had died insolvent, and the 
 wife was in poor circumstances, so that the income of the 
 policy-moneys was not sufficient to support her and the 
 children, the moneys were distributed as if the husband 
 had died intestate (d). 
 
 The application is made by petition or summons (e). 
 
 If it be proved that the policy was effected, and the 
 premiums paid by the husband, with intent to defraud 
 his creditors, they shall be entitled to receive out of 
 the sum secured an amount equal to the premiums so 
 paid (/). 
 
 A married woman or a woman about to be married, Section 3, 
 may apply to the Bank, that any sum forming part of the stock. 
 public funds and not being less than 20, to which she 
 is entitled or which she is about to acquire, may be 
 transferred into her name or into her intended name, as 
 a married woman entitled to her separate use ; and on 
 such sum being entered accordingly, the same is to be 
 deemed to be her separate property, and to be transferred, 
 
 (6) Re Edivards, 28 W. R. 72. (e) Seton, 663 ; re Edwards, 28 
 
 (c) Re Mellvr, 6 Ch. D. 127 ; but W. R. 72 ; re Mellor, 6 Ch. D. 127. 
 see next note. (/) 33 & 34 Vic. c. 93, s. 10 ; 
 
 (d) Re, McUor, 7 Ch. D. 200. llolt v. Everall, 2 Ch. D. 266.
 
 298 EQUITY TO A SETTLEMENT. 
 
 and the dividends paid, as if she were an unmarried 
 woman (g). 
 
 Where the fund is in Court, and the married woman 
 has obtained the proper form from the Bank, the transfer 
 will be directed on the petition of the married woman 
 and her husband (h). 
 
 Equity to a Settlement. 
 
 A married woman may enforce her equity to a settle- 
 ment, without any separate proceeding, upon the hearing 
 or further consideration of the action at which an order 
 is made directing payment, transfer, or application of the 
 fund (i). But she may by petition in the action enforce 
 her right before the fund is actually distributable, if the 
 fund to which she is entitled is actually in possession. 
 Thus, where in an administration action, after judgment, 
 but before further consideration, a married woman, entitled 
 to a share of a fund in Court, presented a petition to 
 enforce her equity to a settlement, it was held that she 
 was entitled to an immediate order, although the fund 
 would not be actually distributable until further con- 
 sideration, and though the amount of her share had not 
 been ascertained (&). 
 
 The application may, it seems, be also made at 
 Chambers (I). 
 
 (g) 33 & 34 Vic. c. 93, s. 3. see Griffith. 
 
 (h) Re Bartholomew, 19 W. B, (i) 1 Lead. Ca. Eq. 471 ; Daniell, 
 
 95 ; re Butlin, 19 W. K. 241 ; 86. For form of settlement, see 
 
 Frank v. Mackay, Ir. E, 8 Eq. 93 ; Seton, 675. 
 
 re Tanner, W. N. (1874), 198; (k) Re Robinson^ 12 Ch. D. 188. 
 Seton, 663. For form of petition, (1) Seton, 673.
 
 CHAPTER XLIII. 
 
 COMPROMISE. 
 
 AN application to compromise proceedings is made by Case .. 1 . n ^ l 
 petition where the facts are complicated (a), or where necessary, 
 infants or other persons under disability are interested (6). 
 
 But the Court will not sanction a compromise on behalf 
 of infants or other persons under disability, unless it is 
 shown to be for their benefit ; and for this purpose an 
 inquiry may be directed (c). 
 
 A married woman entitled to property for her separate 
 use without power of anticipation, has power to bind the 
 corpus by a compromise (d). She may also compromise 
 proceedings relating to a fund in which she has merely a 
 reversionary interest ; but upon a petition to sanction 
 such a compromise, she should appear separately from 
 her husband (e). A married woman cannot however bind 
 her real estate by a compromise, except by the formalities 
 prescribed by law for that purpose (/). 
 
 A compromise may be enforced on petition in the Enforcing 
 
 ... . .i.ii compromise. 
 
 original action, where there is a stipulation that the com- 
 
 (a) Daniell, 1434 ; Dawson v. 45 ; Fadclle v. Bernard, 19 W. R. 
 Ncwsoine, 8 W. R. 725 ; Douglas 555 ; Seton, 1536. 
 
 v. Douglas, W. N. (1872), 36. (d) Wilton v. Hill, 25 L. J. Ch. 
 
 (b) Brooke v. Lord Mostyn, 2 D. 156. 
 
 J. & 8. 373 ; Gray v. Paull, 25 W. (e) Wall v. Rogers, L. R. 9 Eq. 
 
 R. 874 ; Seton, 716. 58. 
 
 (c) Brooke v. LordMoslyn, supra; (/) Nicholl v. Jones, L. R. 3 K<j. 
 and bee Norton v. Steinkuj)/, Kay, G9G.
 
 300 COMPROMISE. 
 
 promise shall be made a rule of Court (#), or where the 
 compromise relates solely to the conduct and prosecu- 
 tion of the suit, or involves nothing beyond questions 
 raised in the suit (fi). In other cases it has been held 
 that an action for specific performance is necessary (i) ; 
 but since the Judicature Act, 1878, the Court can enter- 
 tain such an application on motion or summons, and, 
 semble, by petition (fc). 
 
 (g) Dawswi v. Newsome, 2 Giff. & G. 79 ; Gough v. Herbert, W. N. 
 
 272 ; Tebbutt v. Potter, 4 Hare, (1871), 173 ; Fryer v. Gribblc, 
 
 164. supra. 
 
 (h) Fryer v. Gribble, L. E. 10 (k) Eden v. Naish, 7 Ch. D. 
 
 Ch. 534 ; Scully v. Dundonald, 8 781 ; Scully v. Dundonald, 8 Ch. 
 
 Ch. D. 658. D. 658 ; Potter v. Jackson, "W. N. 
 
 (i) Askew v. Millington, 9 Hare, (1878), 134 ; but see Gilbert v. 
 
 65 ; Richardson v. Eyton, 2 D. M. Endean, 9 Ch. D. 259.
 
 CHAPTER XLIV. 
 
 DECLARATION OF TITLE ACT, 1862. 
 
 UNDER this Act (a) any person claiming to be entitled who may 
 to land in possession for an estate in fee simple, either P etltlon - 
 absolutely or subject to any incumbrances, estates, or 
 interests, may apply to the Chancery Division of the 
 High Court, by petition in a summary way, for a 
 declaration of title. The Act contains full directions 
 with regard to proceedings thereunder ; but as applica- 
 tions under it are so seldom made, it is not thought 
 necessary to state the provisions of the Act in detail. 
 
 The words, " out of the suitors' fee fund," in section 42, Sect. 42. 
 have been repealed (6). 
 
 Where the petitioner proves such possession and states Sect. 6. 
 such title as, if established, will entitle him to a de- 
 claration under the Act, a reference will be ordered to 
 Chambers to establish the title (c). 
 
 Where a certificate of the petitioner's title had been Sects. 8,9,11. 
 made by the Chief Clerk, the Court, pursuant to ss. 8, 9, 
 & 11 of the Act, ordered the declaration establishing the 
 petitioner's title to be made at the end of three months ; 
 security to be given by the petitioner to the amount of 
 .40 for payment of the costs of any person who might 
 successfully oppose the declaration of title ; and notice of 
 
 (a) 25 & 26 Vic. c. 67. (c) Re Roberts, 22 L. T. N. S. 
 
 (b) 38 & 39 Vic. c. 66. 262.
 
 302 DECLARATION OF TITLE ACT. 
 
 the order to be given by advertising it three times, at 
 three days' interval, in three London newspapers (d). 
 
 Costs. The costs of proceedings under the Act on behalf of an 
 
 infant, together with the costs of a partition suit, and of 
 a suit to obtain a declaration of lien, are costs for which a 
 solicitor is entitled to a lien on the fund in Court (e). 
 
 Service. Where the petitioner claimed to be entitled to a moiety 
 
 of an estate subject to a lease, an order was made without 
 serving any person with the petition (/). 
 
 (d) He Roberts, L. R. 10 Eq. 17 Eq. 222. 
 
 402. (/) Re Roberts, 22 L. T. N. S. 
 
 .(e) Pritchard v. Roberts, L. R. 262.
 
 CHAPTER XLV. 
 
 INVESTMENT ON REAL SECURITIES IN IRELAND. 
 
 ANY person authorised to lend money upon real securi- Sanction of 
 ties in Great Britain may, unless expressly prohibited, Court * 
 lend the same on real securities in Ireland (a). But 
 where a minor or unborn child, or person of unsound 
 mind, is or may be interested, the loan must be made by 
 the direction and under the authority of the Chancery 
 Division, to be obtained in any cause or upon petition in 
 a summary way (6). 
 
 Where the consent of any person is required to the in- 
 vestment, such consent must be obtained (c). 
 
 A married woman, in order to consent, must appear 
 separately from her husband (d). 
 
 The petition should be intituled in the matter of the Title and 
 Act ; and in the matter of the action, if any ; and all par- servicc - 
 ties interested should be served (e). 
 
 The usual inquiry as to title has been dispensed 
 with(/). 
 
 (a) 4 & 5 Will. IV. c. 29, ss. 1, 5. 634. 
 
 (b) Ibid., s. 2 ; exp. French, 7 (e) Re Kirkpatrick, 15 Jur. 941 ; 
 Sim. 510. For form of petition, ibid., 942, n. ; exp. Pawlett, 1 Phil, 
 see post. 570 ; Stuart v. Stuart, 3 Beav. 
 
 (c) 4 & 6 Will. IV. c. 29, a. 4. 430. 
 
 (d) N&rrit v. Wright, 14 Beav. (/) Re Cottcrill, 17 Sol. J. 165. 
 291 ; Fitzgerald v. Prinyle, 2 Moll.
 
 Petition for 
 a receiver. 
 
 Petition for 
 receiver. 
 
 CHAPTER XLVI. 
 
 RECEIVERS. 
 
 Mortgage Debenture Act. 
 
 IF within seven days after the interest on any mortgage 
 debenture has become payable, and after demand thereof 
 in writing made upon the company, such interest is not 
 paid, or if within three weeks after the principal has 
 become payable and after demand as aforesaid such prin- 
 cipal is not paid, the person entitled to such interest or 
 principal respectively, may apply to the Chancery Division 
 by petition or by summons at Chambers for the appoint- 
 ment of a receiver, and the Court may appoint a receiver 
 to act on behalf of the applicant and the other persons 
 entitled to the company's mortgage debentures (a). The 
 Court may also remove such receiver and appoint another 
 in his stead, and may make orders as to the powers and 
 duties of such receiver, and as to the disposal of the moneys 
 received by him (6). 
 
 County Debentures Act, 1873. 
 
 If default is made in payment to any person or persons 
 entitled of any sum or sums due on debentures or coupons 
 issued under this Act, and the sum or aggregate of the 
 sums, the payment of which is in default, amount to not 
 
 (a) 28 & 29 Vic. c. 78, ss. 42, (b) Hid., s. 45. 
 
 44 ; and see ss. 41, 43.
 
 RECEIVERS. 
 
 305 
 
 less than 500, such person or persons may, instead of or 
 in addition to bringing an action or actions for the sum or 
 sums due, apply to the Chancery Division for the appoint- 
 ment of a receiver (c). 
 
 Rqjhvay Companies Act, 1867. 
 
 The Railway Companies Act, 1867, s. 4, restrained 
 judgment creditors from levying execution, and enabled 
 them to petition for a receiver and manager until the year 
 1868 (d). The General Orders (e) regulating the practice 
 under this section are now spent (/). 
 
 (c) 36 & 37 Vic. c. 35, s. 17. As 
 to the name in which a county 
 authority may sue or be sued, see 
 s. 18 ; and as to service, see s. 19. 
 For form of petition, see Daniell, 
 No. 2313. 
 
 (d) Extended to 1875 by 37 & 
 38 Vic. c. 76. 
 
 (e) See L. R. 3 Ch. XXXV. 
 
 (/) Morgan, 274. As to ar- 
 rangements under this Act, see 
 ante, p. 201.
 
 CHAPTER XLVII. 
 
 OBSOLETE PETITIONS. 
 
 Guardians and Maintenance. 
 
 Infants. APPLICATIONS as to guardianship and as to mainte- 
 
 nance and advancement of infants are usually made by 
 summons at Chambers (a). But an application for main- 
 tenance out of dividends of stock standing in the name of 
 an infant may still, it seems, be made by petition (6). 
 Persons of The Chancery Division has no power to appoint a 
 
 unsound mmd. g uar( jj an o f a person of unsound mind, though such a 
 guardian has been appointed on petition. It may, how- 
 ever, direct the income of his property to be applied for 
 his maintenance (c). 
 
 Merchant Shipping Act, 1854. 
 
 The Chancery Division has jurisdiction to order a sale 
 of a registered British ship on the application of any 
 person who though owner by transmission, is not qualified 
 to be an owner of a British ship (d). It has also jurisdic- 
 tion on the application, by petition or otherwise, of any 
 person interested, to prohibit any dealing with a registered 
 
 (a) 15 & 16 Vic. c. 80, s. 16 ; Vane v. Vane, 2 Ch. D. 124 ; re 
 
 Cons. Ord. XXXV. 1 (5) ; Seton, Whitby, W. N. (1877) 208 ; re 
 
 723, 729. Brandon, W. N. (1879) 215 ; and 
 
 (1) 1 Wiu. IV. c. 65, s. 32 ; re see ante, pp. 25, 37. 
 
 Naish, 9L. J. Ch. 252 ; re Murphy, (d) 17 & 18 Vic. c. 104, ss. 62, 
 
 2 Ir. R. Eq. 24 ; ante, p. 139. 63, 64. 
 
 (c) Ee JBligh, 12 Ch. D. 364 ;
 
 OBSOLETE PETITIONS. 307 
 
 British ship (e). Applications under this Act are not, 
 however, generally made by petition (/) ; and since the 
 Admiralty Division has also jurisdiction under the Act (g), 
 it is presumed that such applications will now be made to 
 the Admiralty Division (h~). 
 
 Copyhold Acts. 
 
 Applications respecting securities or money in Court, 
 under the Copyhold Acts, which were formerly made by 
 petition, are now made by summons at Chambers (i). 
 
 Stop Orders. 
 
 Stop orders, as we have already seen, may now be 
 obtained on summons in Chambers (k). 
 
 () Ibid. s. 65. P. D. 72. 
 
 (/) Seton, 276. (i) Ch. Funds Amended Ord. 
 
 (g) 24 & 25 Vic. c. 10, s. 12. 1874, r. 15. 
 
 (h) See Nicholas v. Dracachis, 1 (k) Ante, p. 295. 
 
 X 2
 
 CHAPTER XLVIII. 
 
 PETITIONS OF COURSE. 
 
 THE general practice relating to petitions of course 
 has been already described (a). The following are the 
 principal cases in which such petitions may still be pre- 
 sented. 
 
 Guardians ad Litem. 
 
 An order, appointing a guardian ad litem, may generally 
 be obtained on petition of course at the Rolls in manner 
 before mentioned (6). 
 
 Lands Clauses Consolidation Act. 
 
 An order to tax conveyancing costs, under section 83 of 
 the Lands Clauses Consolidation Act, may be obtained 
 on petition of course either by the promoters o/ the 
 undertaking or by the vendor (c). 
 
 Solicitors. 
 
 An order for delivery and taxation of bills of costs 
 may, as we have already seen, be obtained in certain cases 
 . on petition of course (d). 
 
 An order for leave to change his solicitor may gene- 
 
 (a) Ante, p. 15. (c) Ante, p. 87. 
 
 (b) Ante, p. 6 ; Seton, 706 ; tratsee (d) Ante, p. 213. 
 Settled Estates Act, ante, p. 130.
 
 PETITIONS OF COURSE. 309 
 
 rally be obtained on petition of course by a plaintiff or 
 defendant (e). 
 
 A similar order may be obtained to strike a solicitor off 
 the roll at his own request, or to re-admit a solicitor in a 
 like case. 
 
 Conditional Appearance. 
 
 Where a person who has been served wishes to set 
 aside a writ or counterclaim, or to object to the service as 
 irregular, he must not enter an ordinary appearance, which 
 would be a waiver of the objection, but he must obtain 
 an order on petition or motion of course for leave to 
 enter a conditional appearance with the Registrar (/). 
 
 Appearance after Judgment. 
 
 Leave to appear after judgment may be obtained on 
 petition of course, if the plaintiff consent and the de- 
 fendant submit to be bound by the proceedings (g). 
 
 Entering Judgment nunc pro tune. 
 
 Where the time for entering a judgment or order has 
 expired, an order may be obtained on petition of course 
 at the Rolls to enter the said judgment or order nunc pro 
 tune (h). 
 
 Attending Proceedings. 
 
 When a person is served with notice of a judgment, 
 he may obtain an order of course upon petition at the 
 Rolls for liberty to attend the proceedings under the 
 
 (e) Ante, p. 221. (g) Scton, 1627. 
 
 (/) Maclean v. Dawson, 4 De (h) Seton, 1547 ; Daniell, 878 ; 
 
 G. & J. 154 ; The Vivar, 2 P. D. Laiorence v. Richmond, 1 Jac. & 
 
 29 ; Seton, 1626 ; Daniell, 460 ; W. 241 ; Donne v. Lewis, 11 Ves. 
 
 see also Ashley v. Taylor, 10 Ch. D. 601. 
 768.
 
 310 PETITIONS OF COURSE. 
 
 judgment (i) ; but such an order does not entitle him to 
 costs of attendance (&). 
 
 Satisfaction of Lis Pendens. 
 
 The satisfaction or discharge of a registered lis pendens, 
 order, or writ of execution, may be obtained by filing an 
 acknowledgment under the Act (I) ; but the practice of 
 getting the entry satisfied under an order obtained on a 
 petition of course is still frequently resorted to. The 
 order, however, can only be obtained as of course where 
 the plaintiff or execution creditor petitions or consents 
 to the petition. If the plaintiff refuse to apply or con- 
 sent, the order to enter satisfaction of a Us pendens must 
 be obtained on special petition, motion, or summons, 
 of which notice should be given to the plaintiff (m). 
 The petition should be entitled in the matter of the 
 30 & 31 Vic. c. 47, and in the matter of the registered 
 action (n). 
 
 In forma pauper is (Proceedings). 
 
 Leave to sue. An application for an order to be admitted to sue in 
 forma paupens is usually made by petition of course, at 
 the Rolls. But the order cannot be obtained as of course 
 where the application is by a married woman (o), or an 
 infant ( p), or by a person not a party to the action to 
 prosecute a claim in the action (q) ; nor where it is for 
 
 (i) Daniell, 363 ; Colyer v. Col- (m) Pooley v. Bosanquct, 7 Ch. D. 
 
 yer, 11 W. R. 355. Where the 541 ; Seton, 1168. 
 
 person is an infant or of unsound (n) Glutton v. Lee, 7 Ch. D. 
 
 niind, the applications for a 541. 
 
 guardian, and for leave to attend, (o) Coulsting v. Coulsting, 8 Beav. 
 
 are usually combined in one peti- 463 ; re Foster, 18 Beav. 525. 
 
 tion. (p) Lindsay v. Tyrrell, 2 De G. 
 
 (k) Sharp v. Lush, 10 Ch. D. & J. 7. 
 
 468. (q) Seton, 1646. 
 
 (1) 23 & 24 Vic. c. 115, sect. 2.
 
 PETITIONS OF COURSE. 311 
 
 leave to prosecute proceedings under the Trustee Kelief 
 Act (r), or under the Infant Custody Act (s). In such 
 cases the application is made by an ex parte motion, and 
 is not of course. 
 
 The petition should be presented by the plaintiff to the 
 Master of the Rolls, and should contain a short statement 
 of his case and of the proceedings, if any, in the action, 
 and should pray that the plaintiff be admitted to sue in 
 formd pauperis, and that counsel and a solicitor may be 
 assigned to him. 
 
 The petition must be under-written with a certificate 
 signed by counsel that he conceives the case to be proper 
 for relief in this Court (t) ; and must be supported by an 
 affidavit sworn by the plaintiff himself (u) that he is not 
 worth the sum of 5, his wearing apparel and the subject 
 matter of the suit alone excepted (x). 
 
 The petition and certificate, and an office copy of the 
 affidavit, and usually a copy of the writ, are lodged with 
 the under-secretary at the Rolls. The order should be 
 served as soon as possible on the opposite party (y) ; and 
 should be lodged at the Central office (z). 
 
 The rules laid down with regard to persons suing in Leave to 
 pauperis apply to persons defending in that 
 
 character; but the petition in the case of a defendant 
 is much shorter than in the case of a plaintiff, and 
 need not contain a statement of the case, nor be accom- 
 
 panied by a certificate of counsel (a). A defendant 
 
 (r) Re Money, 13 Beav. 109. Boddington v. Woodley, 5 Beav. 
 
 (a) Exp. Hakewill, 3D. M. & 5 &5 ; Goldsmith v. Goldsmith, 5 
 
 G. 116. Hare 125 - 
 
 (t) Cons. Ord. VII. 8. (y) Ballard v. Catlings, 2 Keen, 
 
 (u\ Wilkinson v. Bclsher, 2 Bro. 606. 
 
 C. C. 272. (2) Daniell, 41 ; 42 & 43 Vic. 
 
 (x) Dresser v. Morion, 2 Phil. c. 78 ; R. S. C. Dec. 1879. 
 
 286; Perry v. Walker, 1 Coll. 233 ; (a) Cons. Ord. VII. 911 ; XL. 
 
 Allen v. McPhcrson, 5 Beav. 469 ; 5 ; Regulation to Ord. IV. 2 ;
 
 312 PETITIONS OF COURSE. 
 
 need not enter an appearance before applying for the 
 order (6). 
 
 Distringas (discharge of). 
 
 A writ of distringas may at any time be discharged by 
 an order to be obtained on petition of course by the person 
 on whose behalf the writ was issued. If the application 
 is by any other person interested in the stock, it must be 
 made by motion on notice or by petition duly served (c). 
 
 Leave to examine witness de bene esse. 
 
 An order for leave to examine a witness de bene esse 
 may be obtained on petition of course at the Rolls when- 
 ever the witness is seventy years of age, or is dangerously 
 ill, or is about to go abroad. If the application is made 
 on other grounds, it cannot be made as of course. Every 
 application, whether of course or otherwise, must be sup- 
 ported by an affidavit of the facts on which the application 
 is founded (d). 
 
 Documents deposited in Court. 
 
 Where the purposes for which documents have been 
 deposited in Court have been satisfied, the person deposit- 
 ing them may obtain an order for their delivery out to 
 him (e). Upon the completion of a purchase, the solicitor 
 conducting the sale may obtain an order for delivery out 
 of the deeds to the purchaser (/). These orders may, by 
 consent, be obtained on petition of course at the Rolls. 
 A copy of the order, together with a receipt, and also the 
 
 Nowell' v. Whitnker, 6 Beav. (d) Daniell, 817, 818. 
 
 407. (e) Dunn v. Dunn, 7 D. M. & 
 
 (b) Braithwaite's Pr. 563. G. 25. 
 
 (c) .Cons. Ord. XXVII. 3 (/) Daniell, 1176.
 
 PETITIONS OF COURSE. 313 
 
 original order, must be produced at the office on the 
 application for delivery out (g). 
 
 Where the production of documents deposited in Court 
 is required elsewhere than in the Chancery Division or its 
 offices, an order is required, which may be obtained on 
 petition of course at the Rolls supported by an affidavit 
 that the production of the documents is necessary for the 
 purposes of evidence (h). 
 
 Evidence. 
 
 An order for leave to read the evidence or proceedings Reading evi- 
 in another action may be obtained on petition of course at O th e r action. 
 the Rolls. The actions must, however, be between the 
 same parties or their privies, and the issue must be the 
 same ; but, by consent, such an order may be obtained, 
 where the parties are not the same. The order must be 
 served on the adverse party, and is always made " saving 
 all just exceptions " (i). 
 
 Where depositions have been taken in a foreign Ian- Appointing 
 guage, an order for the appointment of a translator of the 
 depositions, and for leave to use them at the hearing, 
 may be obtained on petition of course at the Rolls (&). 
 
 Arbitration. 
 
 An order for the attendance of witnesses, and produc- 
 tion of documents before an arbitrator, may be obtained 
 as of course (I) ; and by consent, an order of course may be 
 obtained for delivery out to the arbitrator of documents 
 deposited in Court (m). 
 
 (g) Braithwaite's Pr. 507. (1) Re Rickctte, 9 L. T. N. S. 
 
 (h) Braithwaite's Pr. 506, 514. 405 ; Daniell's Forms, No. 1937. 
 
 (i) Daniell, 764, 767. (m) Daniell, 2003. 
 (k) Ibid. 813 ; 1 Newl. 439.
 
 314 PETITIONS OF COURSE. 
 
 Enforcing Return of Writs by Sheriff. 
 
 Where the Sheriff or other officer does not make his 
 return of the writ directed to him, an order may be 
 obtained on petition of course at the Rolls, directing 
 the sheriff forthwith to make the return. The order is 
 served on the sheriff, under-sheriff, or deputy-sheriff; and 
 if it be not obeyed, an order nisi may be obtained on 
 ex parte motion, for the sheriff's committal (n). 
 
 (n) Daniell, 394 ; Seton, 1571.
 
 APPENDIX 
 
 OF 
 
 FOKMS AND PKECEDENTS. 
 
 PETITION IN AN ACTION. 
 
 Iii the High Court of Justice, Petition for 
 
 Chancery Division. payment out. 
 
 [Name of Judge.] 
 
 Between A. B Plaintiff, 
 
 and 
 C. D. .... Defendant, 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of E. P. of and G. his wife 
 
 Showeth as follows : 
 
 1. By his will dated the day of G. H. the testator 
 
 in the pleadings in this action mentioned, bequeathed 1000 
 consolidated 3 per cent, annuities upon trust for such of the 
 children of K. F. as should be living at the time of his decease 
 and should live to attain the age of twenty-one years. 
 
 2. By the judgment made on the hearing of this action, 
 
 dated the day of the trusts of the said will were 
 
 directed to be carried into execution, and the usual accounts 
 and inquiries were directed to be taken and made, and an in- 
 quiry was also directed as to the children of the said K. F. 
 
 3. By the Chief Clerk's certificate dated the - day of 
 
 , and filed on the day of , it was amongst other 
 
 things found that the said K. F. had one child only, namely 
 your petititioner G. P. 
 
 4. By an order dated the day of , and made by
 
 316 FORMS AND PRECEDENTS. 
 
 the Vice-Chancellor Sir , on the hearing of this cause on 
 
 further consideration, consolidated 3 per cent, annui- 
 ties which then represented the said legacy of 1,000 like 
 annuities after raising and paying thereout the legacy duty 
 payable in respect thereof, were directed to be carried over to 
 the credit of this cause, B. v. D. 1878, B. 100, "The account 
 of the children of K. F.," and the dividends as they accrued 
 thereon have from time to time been laid out in like annuities 
 and accumulated. 
 
 5. Your petitioner G. P. attained the age of twenty-one 
 
 years on the day of , and intermarried with your 
 
 petitioner E. P. on the day of . 
 
 6. There is now in Court to the credit of this action, B. v. D. 
 1878, B. 100, " The account of the children of K. F. " the sum 
 of consolidated 3 per cent, annuities and cash. 
 
 7. All duty payable in respect of the said legacy has been 
 duly paid. 
 
 8. No settlement or agreement for a settlement was made 
 before or upon or has been made since the said marriage of 
 your petitioners. 
 
 Your petitioners therefore humbly pray 
 
 1. That the said sum of bank 3 per cent. 
 
 annuities may be sold. 
 
 2. That it may be referred to the Taxing Master to 
 tax the petitioners' costs of this application as 
 between solicitor and client. 
 
 3. That out of the proceeds of such sale and the 
 
 said sum of cash and any interest to 
 
 accrue on the said annuities, the said costs when 
 taxed may be paid. 
 
 4. That the residue of the said proceeds, cash and 
 interest, may be paid to your petitioner E. P. in 
 right of your petitioner G. his wife. 
 
 Or that such other order may be made in the 
 premises as to your lordship shall seem meet. 
 And your petitioner will ever pray, &c. 
 NOTE. It is, &c. (ante, p. 19).
 
 TRUSTEE RELIEF ACT. 317 
 
 TRUSTEE RELIEF ACT. 
 
 2. 
 
 In the [ante, form, 1.] Petition for 
 
 Jn the matter of the trusts of the sura of 1,000 W*<* 
 bequeathed by the will of A. B. in favour of C. D. 
 
 and 
 
 In the matter of the Act 10 & 11 Victoria, chap- 
 ter 96, intituled "An Act for the better securing 
 trust funds, and for the relief of trustees." 
 [add wliere applicable : And in the matter of the Act 
 12 & 13 Victoria, chapter 74, intituled "An Act for 
 the further relief of trustees."] 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of C. D. of, &c., Spinster, 
 Showeth as follows : 
 
 1. The trust fund to which this petition relates, was paid 
 and transferred into Court to the credit of the above-mentioned 
 
 matter on the affidavit of filed therein on the day 
 
 of . 
 
 2. The said affidavit stated, amongst other things, that [set 
 out the material parts of the affidavit, namely, those describing 
 the trusts, the interests of the persons entitled, the difficulty which 
 caused the payment in, and the payment in. See ante, p. 38]. 
 
 3. The said trust fund is now represented by the sum of 
 
 consolidated 3 per cent, annuities, and cash 
 
 standing to the credit of the said matter. 
 
 4. Your petitioner is the person referred to in the will of 
 the said testator and in the said affidavit as C. D., daughter 
 of . 
 
 5. Your petitioner attained the age of twenty-one years on 
 the day of - ; and thereupon became absolutely en- 
 titled to the said trust fund. 
 
 6. The office of your petitioner's solicitor, Mr. , situate 
 
 at , is the place where your petitioner may be served 
 
 with any petition or summons, or notice of any proceeding or 
 order relating to the said trust fund (ante, p. 38). 
 
 (a) For other forms, see Daniell & Barry's Stat. Jur.
 
 318 FORMS AND PRECEDENTS. 
 
 7. The said trust fund is liable to legacy duty. No part of 
 such duty has yet been paid (ante, pp. 31, 32). 
 
 Your petitioner therefore humbly prays as follows : 
 
 1. That the costs of your petitioner and of the 
 respondents of and incidental to this application, 
 may be taxed by the Taxing Master as between 
 solicitor and client (6). 
 
 2. That so much of the said consolidated 
 
 <3 per cent, annuities standing to the credit of 
 " The trusts of (set out title of account) as with 
 
 the said sum of cash standing to the same 
 
 credit, and any dividends to accrue on the said 
 annuities, will be sufficient to raise the said costs 
 when taxed, and also the assessed amount (to 
 be verified by affidavit) of the legacy duty pay- 
 able in respect of the said trust fund may be 
 sold. 
 
 3. That out of the money to arise by such sale the 
 said costs may be paid, and the amount of the 
 said legacy duty may, upon the requisition of the 
 Commissioners of Inland Revenue, be transferred 
 or carried over to the account of the Receiver- 
 General of Inland Revenue at the Bank. 
 
 4. That the residue of the said consolidated 3 per 
 cent, annuities may be transferred to your peti- 
 tioner C. D., spinster. 
 
 Or that such other order, &c. (ante, p. 316.) 
 And your petitioner will ever pray, &c. 
 NOTE. It is intended to serve this petition 
 on in the petition named (c). 
 
 (5) As to costs, see ante, pp. 41-43. 
 (c) As to service, see ante, pp. 38-41.
 
 LEGACY DUTY ACT. 319 
 
 LEGACY DUTY ACT. 
 
 3. 
 
 In, &c. (ante, form 1). Petition for 
 
 In the matter of A. B., an infant [or oilier the account P a y ment out - 
 to which the fund stands'] 
 and 
 
 In the matter of the Act 36th George the Third, 
 chapter 52, intituled "An Act for repealing certain 
 duties on legacies and shares of personal estates, and 
 for granting other duties thereon in certain cases." 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of the above-named A. B. of 
 
 , late an infant [or as may be] 
 
 Showeth as follows : 
 
 1. [State the mil, death, and probate, or the intestacy, under 
 which tlie petitioner became entitled], 
 
 2. In consequence of the infancy of your petitioner [or as the 
 
 case may be"], the said on or about the day of 
 
 paid into Court to the credit of " In the matter of A. B. an 
 infant " the sum of , to which your petitioner was en- 
 titled as aforesaid. 
 
 3. The said sum of was invested in the sum of 
 
 consolidated 3 per cent, annuities ; and the same, with the 
 dividends and accumulations of dividends thereon, is now repre- 
 sented by the sums of like annuities and cash, 
 
 respectively standing to the credit of the said matter. 
 
 4. Your petitioner attained the age of twenty-one years on 
 the day of . 
 
 Your petitioner therefore humbly prays that the sums 
 
 of consolidated 3 per cent, annuities and 
 
 cash in Court to the credit of " In the matter 
 
 of A. B. an infant," may be respectively transferred 
 and paid to your petitioner A. B. 
 
 Or that such other order, &c. [ante, p. 316.] 
 And your petitioner will ever pray, &c. 
 
 NOTE. It is not intended to servo this 
 petition on any person.
 
 320 FORMS AND PRECEDENTS. 
 
 PARLIAMENTARY DEPOSITS. 
 
 4. 
 
 Petition for T , , r ,, .. -. 
 
 payment out. In the [ ante > f orm > 1 
 
 (d) In the matter of Ex parte the undertaking of the 
 
 Railway Bill 
 
 and 
 
 In the matter of the Act 9th and 10th Victoria, 
 chapter 20, intituled " An Act to amend an Act of 
 the second year of her present Majesty for providing 
 for the custody of certain moneys paid in pursuance 
 of the Standing Orders of Parliament by subscribers 
 to works or undertakings to be effected under the 
 authority of Parliament." 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of, &c. [ante, p. 48]. 
 
 Showeth as follows : 
 
 1. In the session of the 39th and 40th years of the reign of 
 her present Majesty your petitioners introduced a bill into 
 Parliament for authority to construct a railway from to 
 
 2. Pursuant to the Standing Orders of Parliament, and of a 
 warrant or order issued in pursuance thereof, your petitioners 
 
 on or about the day of paid the sum of into 
 
 Court to the credit of " Ex parte the undertaking of the 
 
 Railway Bill." 
 
 3. By the section of the said bill it was provided that 
 
 the said sum so deposited should not be paid or transferred to 
 the persons named in the said warrant or order unless, &c. 
 
 4. The said bill received the Royal assent on the day 
 
 of . The Act founded thereon is the ; and the said 
 
 Act authorised the said undertaking to be made. 
 
 5. The railway so authorised to be made by the said Act has 
 for some time past been opened by the said company for the 
 public conveyance of passengers, though the said two years 
 from the passing of the Act has not yet expired. 
 
 Your petitioners therefore humbly pray that the said 
 sum of cash in Court to the credit of "Ex parte 
 
 (d) For another form, see DanielL
 
 PARLIAMENTARY DEPOSITS. 321 
 
 the undertaking of the Railway Bill " may be 
 
 paid to your petitioners (e). 
 
 Or that such other order, <fec. [ante, p. 316]. 
 And your petitioners will ever pray, <fcc. 
 
 NOTE. It is not intended to serve this 
 petition on any person. 
 
 [Proceed as in last form to end of par. 2]. 
 
 Your petitioners therefore humbly pray that the said Petition for 
 
 sum of X in Court to the credit of "Expartethe 
 
 undertaking of the Railway Bill" may be laid out 
 
 in bank 3 per cent, annuities, and that the interest 
 and accumulations of interest thereon may be laid out 
 in like manner. 
 
 Or that, &c. [conclude as in last form]. 
 
 NATIONAL DEBT ACT. 
 
 6. 
 
 In, <fec. [ante, form, 1]. Petition for 
 
 Ex parte A. B. re-transfer. 
 
 In the matter of the National Debt Act, 1870. 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of A. B., of, &c. [ante, p. 55], 
 Showeth as follows : 
 
 1. [Stow how the fund arose.] 
 
 2. The dividends upon the said annuities were duly received 
 
 by down to and including the dividend due in respect 
 
 thereof in the month of- , 18 ; since which time no 
 
 dividends have been received in respect thereof; and in the 
 
 year , in consequence of the dividends being unclaimed, the 
 
 said annuities and the dividends then due thereon were in pur- 
 suance of the provisions of the said Act of Parliament carried 
 over and have ever since been and are now standing to the 
 account of the Commissioners' for the Reduction of the National 
 
 () As to payments to nominees, see ante, p. 48.
 
 322 FORMS AND PRECEDENTS. 
 
 Debt in the books of the Governor and Company of the Bank 
 of England. 
 
 3. [Show title of petitioner.] 
 
 Your petitioner therefore humbly prays that upon 
 payment by your petitioner to Her Majesty's 
 Attorney- General and the Commissioners for the 
 Reduction of the National Debt of their costs of this 
 application and relating thereto, to be taxed in case 
 
 the parties differ, the sum of Consolidated 3 
 
 per cent. Annuities now standing to the account of the 
 Commissioners for the Reduction of the National Debt 
 in the books .of the Governor and Company of the 
 Bank of England, with all dividends accrued due 
 thereon since the transfer of such stock to the said 
 Commissioners, may be transferred and paid by the 
 said Commissioners to your petitioner (/). 
 Or that such other order, &c. [ante, p. 316]. 
 And your petitioner will ever pray, &c. 
 
 V A. 
 
 NOTE. It is intended to serve this peti- 
 tion on [ante, p. 54]. 
 
 LANDS CLAUSES CONSOLIDATION ACT. 
 
 7 
 Petition for In &c - [ante, form, 1]. 
 
 ! nter i m In the matter of the will of deceased, 
 
 investment. 
 
 (y) and 
 
 In the matter of the [short title of the special Act], 
 
 and 
 
 In the matter of the Lands Clauses Consolidation Act, 
 1845. 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of, &c. [ante, p. 58]. 
 
 Showeth as follows : 
 
 1. [Set out ivill showing the interest of the petitioner '.] 
 
 (/) As to costs, see ante, p. 56. (g) For other forms, see Daniell 
 
 As to accumulations, see ante, p. 55. & Barry's Stat. Jur.
 
 LANDS CLAUSES CONSOLIDATION ACT. 323 
 
 2. [State death of testator and probate.] 
 
 3. By the Railway Act with which the Lands Clauses 
 
 Consolidation Act was incorporated, the Railway Company 
 
 were empowered to make the railway therein mentioned, and 
 to take certain lands of which the said hereditaments formed 
 part. 
 
 4. The said company in exercise of the powers vested in 
 them by the said Acts or one of them, gave notice to your 
 petitioner that they required for the purposes of their said 
 
 undertaking certain lands situate at , forming part of the 
 
 lands so devised to your petitioner for life as aforesaid, and that 
 the said company desired to treat for the purchase thereof. 
 
 5. The sum of has been agreed upon between your 
 
 petitioner and the said company as the amount to be paid as 
 the purchase-money or compensation for the said premises^ 
 which sum has been determined by valuation pursuant to the 
 provisions of the Lands Clauses Consolidation Act. 
 
 6. On the day of the said company paid the said 
 
 sum of into Court to the credit of [set out title of account], 
 
 and which sum is now standing to the like credit. 
 
 7. By an indenture, dated, <fcc., and made between, &c., the 
 said lands and premises were duly conveyed to the said company, 
 their successors and assigns [ante, p 58]. 
 
 8. Your petitioner is not aware of any right in any other 
 person, or of any claim made by any other person to the divi- 
 dends on the said sum of when invested [ante, p. 59]. 
 
 Your petitioner therefore humbly prays as follows : 
 
 1. That the said sum of cash in Court to 
 
 the credit of (state account), may be invested in 
 Consolidated 3 per cent. Annuities, and that 
 the said sum when so invested may be carried 
 over to the credit of the said matter to an 
 account to be entitled " The account of the 
 devisees of the will of ." 
 
 2. That the dividends to accrue on the said annui- 
 ties during the life of your petitioner may bo 
 from time to time paid to your petitioner until 
 further order. 
 
 3. That pursuant to the 80th section of the Lands 
 Clauses Consolidation Act, the said company may 
 
 Y 2
 
 324 FORMS AND PRECEDENTS. 
 
 be ordered to pay to your petitioner his costs, 
 
 charges, and expenses, of and incident to the 
 
 purchase or taking of the said lands and of and 
 
 incident to this application and consequent thereon 
 
 respectively ; such costs, charges, and expenses 
 
 to be taxed in case the parties differ [ante, p. 79], 
 
 Or that such other order, &c. [ante, p. 316]. 
 
 And your petitioner will ever pray, &c. 
 
 NOTE. It is intended to serve this petition 
 
 on the company in the petition 
 
 named [ante, p. 61]. 
 
 [Proceed as in last form down to, and including par. 7.] 
 g 
 
 Petition for 8. [State order for interim investment and the investment.] 
 
 re-investment 9^ Your petitioner on behalf of the parties interested under 
 the said will has subject to the approval of this honourable court 
 
 entered into an agreement dated, &c., with , of , for 
 
 the purchase of certain freehold hereditaments at , com- 
 prising, &c., for the sum of 
 
 10. The said proposed purchase is a fit and proper invest- 
 ment for the said sum of ; and your petitioner is de- 
 sirous that the same should be approved by this honourable 
 
 Court ; and that the said sum of may be raised out of 
 
 the said bank .3 per cent, annuities. 
 
 11. Your petitioner is not aware of any right, &c. [See par. 8 
 preceding form and ante, p. 59.] 
 
 Your petitioner therefore humbly prays as follows : 
 
 1. That the said proposed purchase of the said 
 hereditaments may be approved as a proper in- 
 vestment of the said sum of . 
 
 2. That the usual inquiry may be ordered to be 
 made as to the title to the said hereditaments. 
 
 3. That in case such title shall be approved a proper 
 conveyance of the said hereditaments to the uses 
 of the said will may be directed to be settled.
 
 LANDS CLAUSES CONSOLIDATION ACT. 325 
 
 4. That upon the due execution thereof by the 
 
 proper parties, the said sum of may be 
 
 directed to be raised out of the said sum of 
 
 bank 3 per cent, annuities, and be paid 
 
 to such person or persons as shall be certified to 
 be entitled to receive the same. 
 
 5. That the rents and profits of the said heredita- 
 ments after the said purchase and the interest to 
 accrue on the residue of the said bank annuities 
 during the life of your petitioner may from time 
 to time be paid to your petitioner, or to his legal 
 personal representative until further order. 
 
 G. That pursuant to the 80th section of the Lauds 
 
 Clauses Consolidation Act, 1845, the said 
 
 Company may be ordered to pay to your peti- 
 tioner his costs as thereby provided including 
 therein all reasonable charges and expenses of 
 and incident to the said investment in the pur- 
 chase of the said hereditaments, and of this 
 
 application and of all proceedings relating thei-eto ; 
 such costs, charges, and expenses to be taxed in 
 case the parties differ. 
 
 Or that such other order, &c. [ante, p. 3 1C]. 
 And your petitioner will ever pray, &c. 
 
 NOTE. It is intended to serve, <fcc. [See 
 preceding form.] 
 
 9. 
 In the High Court of Justice. Affidavit as to 
 
 Chancery Division. Mte. (/<) 
 
 [Title as in petition.] 
 
 I , of , make oath and say as follows : 
 
 1 . [ Verify the title of the petitioner.] 
 
 2. I am not aware of any right in any other person than 
 myself, or of any claim made by any other person than myself 
 to the said sums of bank 3 per cent, annuities, and 
 
 (h) Ante, p. 69.
 
 326 
 
 FORMS AND PRECEDENTS. 
 
 cash in the petition respectively mentioned, or to any 
 
 part or parts thereof respectively [or, if the petitioner is aware 
 
 of any such right or claim, state or refer to and except the same]. 
 
 Sworn, &c. 
 
 10. 
 
 Petitions of 
 course to tax 
 costs under 
 sect. 83. (i) 
 
 In the High Court of Justice 
 Chancery Division. 
 
 In the matter of, &c. [Set out title of Special Act.] 
 
 and 
 
 In the matter of the Lands Clauses Consolidation 
 Act, 1875. 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of the Railway Company. 
 
 Showeth as follows : 
 
 1. In pursuance of the powers vested in them by the said 
 
 acts, your petitioners purchased from A. B. of certain 
 
 lands situate at , for the purposes of their said railway. 
 
 2. The said A. B. has delivered to your petitioners his bill of 
 costs of and incidental to the conveyance of such lands to your 
 petitioners. 
 
 3. Your petitioners and the said A. B. cannot agree as to the 
 amount of the said bill of costs, and your petitioners are there- 
 fore desirous of having the same taxed. 
 
 Your petitioners therefore humbly pray that it may 
 be referred to the taxing master to tax the said bill 
 of costs, and that all usual directions may be given. 
 And yonr petitioner will ever pray, &c. 
 
 (t) Ante, p. 87.
 
 SETTLED ESTATES ACT. 327 
 
 SETTLED ESTATES ACT (&). 
 
 11. 
 
 In the \ante, form, ll. Petition for a 
 
 sale. 
 
 In the matter of estates settled by A. B. [or A. B. 
 and others] by will [or deed] dated the - day of 
 - , consisting of certain lands [or messuages or 
 tenements] in - in the parish of - , in the county 
 of - [ante, p. 114]. 
 
 and 
 In the matter of the Settled Estates Act, 1877. 
 
 To Her Majesty's High Court of Justice : 
 
 The humble petition of [tenant for life] of - 
 [ante, p. 111]. 
 
 Showeth as follows : 
 
 1. [State mil or settlement, probate or marriage, &c.]. 
 
 2. [Give a detailed description of the property, or refer to a 
 plan or schedule annexed to the petition, ante, p. 114.] 
 
 3. An agreement dated the, &c., and made between, &c., has 
 been entered into subject to the approval of this Honourable 
 Court for [state tlie effect of the agreement]. The said contract 
 is a very advantageous one, and it is for the benefit of all 
 persons interested that the game should be carried into effect 
 [ante, p. 102]. 
 
 [If no contract IMS been entered into, sJtow tJiat a sale could be 
 advantageously effected, and that it would be benejicial to the 
 persons interested.] 
 
 4. No application has been made to cither House of Parlia- 
 ment for the purpose of effecting the object of this petition or 
 any similar object [ante, p. 127]. 
 
 5. Your petitioner may be served with any order of this 
 Honourable Court or any notice relating to the subject of this 
 petition at the office of - , the solicitor of your petitioner in 
 the matter of this petition [ante, p. 114]. 
 
 Your petitioner, therefore, humbly prays as follows : 
 1. That the said lands and hereditaments may bo 
 
 (k) For a collection of forms Settled Estates Act. 
 under this Act, see Middle ton's
 
 328 FORMS AND PRECEDENTS. 
 
 sold to the said in accordance -with the 
 
 terras of the said agreement of the day of 
 
 , for the said sum of [or that the 
 
 said hereditaments may be sold tinder the direction 
 of this Honourable Court], and [add, if so desired] 
 that the proceeds of such sale may be ordered to 
 
 be paid to , and may be applied by them 
 
 to some one or more of the purposes mentioned 
 in the above mentioned Act. 
 
 2. That all proper directions may be given for carry- 
 ing out the said sale. 
 
 3. That the costs of all parties of and incident to this 
 application may be provided for. 
 
 Or that such other order, &c. [ante, p. 316]. 
 And your petitioner will ever pray, &c. 
 
 NOTE. It is intended to serve this petition 
 on, &c. [ante, p. 116]. 
 
 [Formal parts and paragraphs 1 and 2 of preceding form]. 
 12. 
 
 Petition for 3. The said land and hereditaments contain valuable 
 [d escr ibe ^ ie minerals], which have never been worked. It is 
 proper and consistent with a due regard for the interests of all 
 parties entitled under the said will, that a general power of 
 granting leases of the said [minerals] should be vested in the 
 trustees for the time being of the said will [ante, p. 104]. 
 
 Your petitioner, therefore, humbly prays : 
 
 1. That general powers to grant leases of the said 
 , lying within, under, or upon the lands 
 above mentioned may be vested in the trustees 
 
 for the time being of the will of the said 
 
 deceased, in conformity with the said |Act and 
 subject to the prorisions and restrictions^therein 
 contained. 
 
 [Conclude as in preceding form.]
 
 SETTLED ESTATES ACT. 32*9 
 
 [Title same as Petition."] 
 
 13. 
 
 Let all parties concerned attend at my Chambers at Summons for 
 
 on at - - o'clock on the hearing of an application on ^g^"* H 
 
 the part of [the petitioners] that notice of the application notice pur- 
 intended to be made by a petition presented in the above 
 
 matters on the day of requiring A. B. and C. D. 
 
 severally to notify whether he assents to or dissents from such 
 application, or submits his rights and interests so far as they 
 may be affected by such application to be dealt with by the 
 Court, may be given by [state the manner in which it is proposed 
 to give the notice, and the time within which the notification is to 
 be required] or in such other manner as the judge may think 
 fit. 
 
 Dated this day of . 
 
 This summons was taken out by of , solicitors for 
 
 the applicant. 
 
 [Title same as Petition.] 
 
 14. 
 Take notice that [name petitioners and their addresses as in Notice pur- 
 
 petition] have presented a petition in the above matters praying 
 that [as in petition, lut describing the lands, messuages, or tene- 
 ments as in the petition], and it is intended to apply to the said 
 Court for an Order in accordance with such prayer, and you are 
 
 [severally] hereby required to notify in writing within 
 
 after the service hereof whether you assent to or dissent from 
 such application, or submit your rights or interests so far as 
 they may bo affected by such application to be dealt with by 
 the Court, such notification is to be delivered to the petitioners' 
 solicitors, or left for them at the address specified at the foot 
 hereof, and may be so delivered by transmitting the same to 
 them by post at such address. 
 
 If no notification shall be so delivered or left within the time 
 above limited you will be deemed to have submitted your rights 
 and interests to be dealt with by the Court. 
 
 Iii the event of your dissenting from such application and
 
 330 FORMS AND PRECEDENTS. 
 
 desiring to be heard in opposition to the application you are by 
 your notification to require notice to be given to or left for you 
 or your solicitor at a place to be specified within 3 miles from 
 the site of Temple Bar, London, of the day on which the peti- 
 tion is fixed for hearing. 
 
 You or your solicitor can, upon reasonable notice to the 
 under-named A. & B., inspect and peruse the petition without 
 payment of any fee, and you are entitled at your own expense 
 to have a copy of such petition furnished to you. 
 
 Dated the day of . 
 
 A. &B. 
 
 [Address within 3 miles of the site of Temple Bar, London.'] 
 
 Petitioners' Solicitors. 
 
 To [name the person or all persons to be served pursuant to the 
 above section.'] 
 
 NOTE. A copy of the above notice, with 
 a notification at the foot thereof to be 
 filled up by you, is sent herewith. 
 
 Copy Notice. 
 15. 
 Form to ac- In pursuance of a notice, of which the above is a copy, 
 
 puTs^nt'to 1106 served on me on tae day f > I hereby notify 
 
 sect. 26. that I (I) 
 
 Dated this day of . 
 
 To Messrs. . [Signature and Address.] 
 
 (I) Here insert, "assent to the "And I desire to be heard in op- 
 application," or "dissent from the position to the application, and re- 
 application," or " submit my rights quire notice to be given to 
 
 and interests so far as they may be at [naming a place within three 
 
 affected by the application to be miles of the site of Temple Bar, 
 
 dealt with by the Court. " London] of the day fixed for the 
 
 And if you dissent and desire to hearing of the petition." 
 be heard in opposition thereto, add
 
 SETTLED ESTATES ACT. 331 
 
 [Title same as Petition.] 
 
 16. 
 
 Let all parties concerned attend at my Chambers at Summons for 
 
 on , at o'clock, on the hearing of an application on the ^SSSoi 
 
 part of [the petitioners] : and for leave ' 
 
 . . , to make or 
 That A. B., or some other proper person may be appointed consen t t an 
 
 guardian of C. D., an infant, and that E. F., or some other application, 
 proper person may be appointed guardian of G. PI., an infant, 
 for the purpose of making on behalf of such infants [or con- 
 senting on- behalf of such infants to] an application proposed to 
 
 be made by a petition presented on the day of , by 
 
 the above-named applicants for an Order in accordance with the 
 prayer of such petition, and [in case the infants are tenants in 
 tail] that such guardians may be directed to make [or consent 
 to] such application. 
 
 Dated this . 
 
 This summons was taken out by of , solicitors for 
 
 the applicants. 
 
 [Title same as Petition.] 
 
 17. 
 Let all parties concerned attend at my Chambers at , Summons for 
 
 on , at o'clock, on the hearing of an application on *f ^rdian, 
 
 the part of [the petitioners], and for leave 
 
 to deliver a 
 That A. B., or some other proper person may be appointed notification. 
 
 guardian of C. D., an infant, and that E. F., or some other 
 proper person may be appointed guardian of G. H., an infant, 
 for the purpose of being serred with a notice requiring them on 
 
 behalf of such infants, within clear days after service 
 
 thereof, to notify whether they assent to or dissent from an 
 application proposed to be made by a petition presented on 
 
 the day of by the above-named applicants for 
 
 an Order in accordance with the prayer of such petition, or 
 submit the infants' rights or interests so far as they may bo 
 affected by such application to be dealt with by the Court, and 
 [in cast the infants are tenants in tail] that such guardians may 
 be directed to notify that they, on behalf of such infants, assent
 
 332 
 
 FORMS AND PRECEDENTS. 
 
 to [or dissent from] such application [or submit the infants' rights 
 or interests, so far as they may be affected l>y such application to be 
 dealt with by the Court.] 
 
 Dated this - day of - . 
 
 This summons was taken out by - of - , solicitors for 
 the applicants. 
 
 18. 
 
 Request to 
 
 a married 
 woman. 
 
 The petitioners 
 matters On the 
 
 [Title same as Petition.] 
 - , in a petition presented in these 
 
 that A " R > 
 
 of, &c. [C. D., of, <c., and E. F., of, &c.] being a solicitor 
 ^ or solicitors], and a perpetual commissioner [or perpetual 
 commissioners'] (n), to take the acknowledgment of deeds by 
 married women, may be appointed for the purpose of any or 
 either of them examining the petitioners G., the wife of H. I., 
 and K., the wife of L. M., and N., the wife of 0. P., of, &c., 
 respectively touching their knowledge of the nature and effect 
 of the application intended to be made by the petition, and 
 to ascertain whether they the said G. I. and K. M. respectively 
 freely desire to make such application, and whether she the 
 said N. P. freely desires to consent to such application. 
 
 We, the solicitors for the petitioners, hereby certify that 
 neither of them, the said A. B., C. D., and E. F. is the solicitor 
 for the petitioner, or for any party whose concurrence or consent 
 to the application is required. 
 
 Dated this - day of - . 
 
 A. and B. solicitors for the petitioners. 
 
 Address. 
 
 The Master of the Rolls [or the Vice-Chancellor - ] 
 appoints the said - for the purposes mentioned in the 
 above request. 
 
 E. F., Chief Clerk. 
 
 (ft) Name such as may be re- women who are to be examined. 
 quired to examine all the married
 
 SETTLED ESTATES ACT. 333 
 
 [Title as in Petition. 1 
 
 19. 
 Let all parties concerned attend at my Chambers at Summons to 
 
 on at o'clock, on the hearing of an application a PP int P er " 
 
 sons to ex- 
 on the part of , the petitioners m a petition presented amine married 
 
 in this matter on the day of that A. B., of, &c., and women. 
 
 C. D., of, &c [and if the married women are within the jurisdic- 
 tion, add being solicitors] be appointed for the purpose of any 
 or either of them examining the petitioners G., the wife of 
 H. I., and K., the wife of L. M., and N., the wife of 0. P., of 
 &c., respectively touching their knowledge of the nature and 
 effect of the application intended to be made by the said peti- 
 tion, and to ascertain whether they the said G. I. and K. M. 
 freely desire to make such application, and whether she the 
 said N. P. freely desires to consent to such application. 
 
 Dated this day of . 
 
 This summons was taken out by , of , solicitors 
 
 for the applicant. 
 
 [Title same as Petition.'] 
 
 The examination of the petitioner G., the wife of H. L, and p rmof ex- 
 K., the wife of L. M., and of N., the wife of 0. P., of (o). amination of 
 
 We, the said G. I., K. M., and N. P., having been this day 
 respectively examined apart from our respective husbands 
 touching our knowledge of the nature and effect of an applica- 
 tion intended to be made to the High Court of Justice by a 
 
 petition presented in this matter on the day of by 
 
 us the said G. I., K. M., and others, for answer thereto severally 
 say that we are aware of the nature and effect of the said 
 intended application, and we the said G. I., and K. M. severally, 
 freely desire to make such application ; and I, the said N. P., 
 freely desire to consent to such application. As witness our 
 hands this day of . 
 
 Witness to the signature of the said 1 
 G. J., K. M., and N. P. 
 
 Q. R. Address. ) 
 
 (o) Insert the names of all who the same person and at the same 
 can be conveniently examined by time.
 
 334 
 
 FORMS AND PRECEDENTS, 
 
 [To be at the foot of the above Examination.] 
 
 21. 
 
 Certificate of I> the undersigned A. B., being the person appointed by the 
 
 examination of Master of the Rolls [or the Vice- Chancellor ] for the 
 
 women purpose of examining the above-named G., the wife of H. I., 
 K. the wife of L. M., and N., the wife of 0. P., hereby certify- 
 that I have this day of examined the said G. I., 
 
 K. M., and N. P., apart from their respective husbands touching 
 their knowledge of the nature and effect of the application 
 intended to be made by the petition above referred to ; and I 
 have taken such examination in writing as above set forth, and 
 I further certify that at the same time of such examination I 
 explained to them the nature and effect of the said application, 
 and I am satisfied that they were aware of the nature and effect 
 of such application, and that they the said G. I. and K. M. 
 freely desire to make the said application, and that the said 
 N. P. freely desires to consent to the said application. 
 
 Affidavit 
 verifying . 
 examination. 
 
 [Title as in Petition.] 
 
 I, Q. E. of - , make oath and say that I was present 
 and did see G. I., K. M., and N. P., respectively named in the 
 above petition, sign the examination or paper writing annexed 
 hereto and now produced and shown to me marked A, and that 
 the signatures G. I., K. M., and N. P. attached thereto, are 
 respectively the proper handwritings of G. the wife of H. I. of 
 
 , K. the wife of L. M. of , and N. the wife of 0. P. of 
 
 . And I further say that I was present and did see 
 
 A. B. sign the certificate or paper writing annexed hereto and 
 now produced and shown to me marked B, and that the signa- 
 ture, A. B. attached thereto is the proper handwriting of A. B. 
 of &c. And I say that the signature Q. R. attached to the said 
 paper writings as a witness is my handwriting.
 
 SETTLED ESTATES ACT. 335 
 
 [Title same as Petition,] 
 
 23. 
 
 Take notice that [name petitioners and tJieir addresses as in Notice pur- 
 
 pettiion] have presented a petition in the above matters pra^-ing su ^ to the 
 :, , r J . 5T. , . j -i J7 , T 30th section, 
 
 that \as in petition, out describing the lands, messuages or tene- 
 ments, as in the petition], and it is intended to apply to the said 
 Court for an Order in accordance with such prayer. This 
 notice is given to you in pursuance of the above Act because 
 
 you are seised or possessed of an estate in trust for 
 
 whose consent or concurrence to or in the application is required 
 by the Act. You or your solicitors can upon reasonable notice 
 to the under-named A. and B., inspect and peruse the petition 
 at the address specified at the foot hereof without payment of 
 any fee, and you are entitled at your expense to have a copy of 
 such petition furnished to you. 
 
 Dated this day of . 
 
 A. &B. 
 Address, 
 
 Solicitors for the petitioners. 
 
 To [name the persons to be served pursuant to the above section]. 
 
 [Title as in petition.] 
 
 24. 
 By direction of the Master of the Rolls [or the Vice-Chan- Notics in 
 
 cellar ] notice is hereby given that an application by peti- nc 8 P a P crf! , 
 
 tion has been made to the Court of the said judge for a sale 
 or for powers to grant leases of the above-mentioned heredita- 
 ments [or otherwise according to the circumstances], and the Court 
 has directed the application to be adjourned [or adjourned till 
 ], and any person whether interested in the estate or 
 
 not, may on or before apply to the said Court by motion 
 
 for leave to be heard in opposition to or in support of such 
 application. The petition may be inspected on application 
 to Messrs. A. and B. of , the solicitors for the petitioners.
 
 336 FORMS AND PRECEDENTS. 
 
 25. PROPERTY LAW AMENDMENT ACT. 
 
 Petition for 
 
 authority to In the [ante, form, I.] 
 
 iSVshnd* In tlle matter f A ' R ' an infant > bv C - D '> hi 
 
 (p) friend, 
 
 and 
 
 In the matter of the Act llth George the Fourth, 
 chapter 65, intituled "An Act for consolidating and 
 amending the law relating to property belonging to 
 infants, femes covert, idiots, lunatics, and persons of 
 unsound mind." 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of the above-named A. B., by 
 C. D. of &c., his next friend, 
 
 Showeth as follows : 
 
 1. \_State the title of the infant, and shew that the case is within 
 section 17. See ante, p. 173.] 
 
 2. [State the conditional contract for the proposed lease, and 
 show that tuch lease is a proper one to "be sanctioned under 
 section 17.] 
 
 Your petitioner therefore humbly prays as follows : 
 
 1. That the said contract dated the day of 
 
 may be carried into effect, and that a 
 
 proper lease in accordance with such contract 
 may be settled and approved by the Judge. 
 
 2. That your petitioner A. B .[or the guardian"] 
 may be at liberty to execute such lease when so 
 settled. 
 
 3. That a counterpart of such lease may be exe- 
 cuted by the said G. H., the lessee, and be depo- 
 sited in the Central office (q) until your petitioner 
 attains the age of twenty-one years, with liberty 
 for all proper parties to have the use thereof for 
 the purpose of enforcing any of the covenants 
 therein contained (r). 
 
 Or that such other order, <fec. [ante, p. 316.] 
 And your petitioner will ever pray, &c. 
 NOTE. It is not, tc. 
 
 (p) For other forms, see Daniell. part, see re Letchford, 2 Ch. D. 
 (q) R. S. C. Dec. 1879. 719. 
 
 (r) As to depositing the coxinter-
 
 CONFIRMATION OF SALES ACT. 337 
 
 CONFIRMATION OP SALES ACT. 
 
 26. 
 
 In the [ante, form, 1.] Petition for 
 
 authority to 
 
 In the matter of the trusts of an indenture dated, &c. dispose of 
 
 [or as may be] surface or 
 
 minerals sepa- 
 
 and rately. 
 
 In the matter of the Act 25 & 26 Victoria, chapter 
 108, intituled ' ' An Act to confirm certain sales, ex- 
 changes, partitions, and enfranchisements by trustees 
 and others." 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of [ante, p. 140.] 
 
 Showeth as follows : 
 
 1. [State tJie instrument under which the petitioners are autho- 
 rised to dispose of the land, and sJww that it does not forbid the 
 disposal of the mines and surface separately. Ante, p. 1.40.] 
 
 2. [Show that it will be benejicial to the persons interested to 
 dispose of the surface and minerals separately.] 
 
 Your petitioners therefore humbly pray that your 
 
 petitioners and or the survivor of them, or 
 
 the trustee or trustees for the time 1 being of the said 
 indenture of the, &c. [or as may be], may be at liberty 
 to dispose of the said land, with an exception or reser- 
 vation of the mines and minerals in and under the 
 same, and with or without rights and powers inci- 
 dental to the working, getting, or carrying away of 
 such minerals ; and may be at liberty to dispose of 
 such minerals, with or without such rights or powers 
 as aforesaid, separately from the residue of the said 
 land ; and in either case without prejudice to any 
 future exercise of the authority with respect to the 
 excepted minerals or the undisposed of laud. 
 Or that such other order, &c. [ante, p. 316]. 
 And your petitioner will ever pray, <kc. 
 
 NOTE. It is intended to serve this, &c. 
 [ante, p. 141.]
 
 338 FORMS AND PRECEDENTS. 
 
 LAND TAX REDEMPTION ACTS. 
 27. 
 
 Petition for In the [ ante f orm 1 1 
 
 leave to cut 
 
 timber. (A) In the matter of the estates settled by the will of 
 
 deceased, 
 
 and 
 
 In the matter of the Act 42nd George the Third, 
 chapter 116, intituled " An Act for consolidating the 
 provisions of the several Acts passed for the redemp- 
 tion and sale of the land tax into one Act, and for 
 making further provision for the redemption and sale 
 thereof, and for removing doubts respecting the right 
 of persons claiming to vote at elections for knights of 
 the shire and other members to serve in Parliament 
 in respect of messuages, lands, or tenements, the land 
 tax upon which shall have been redeemed or pur- 
 chased." 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of [ante, p. 143]. 
 Showeth as follows : 
 
 1. [Show that the petitioner is beneficially entitled to the rents 
 and profits, and that he is restricted from cutting timber; ante, 
 p. 143.] 
 
 2. [/State the amount of the land-tax.] 
 
 3. [Show that the timber is in a Jit state to be cut, and that it 
 is expedient to cut down sufficient to redeem the land-tax.] 
 
 Your petitioner therefore humbly prays : 
 
 1. That he may be at liberty to cut down and sell 
 such quantity of timber upon the said settled 
 estate as shall be sufficient to redeem the land- 
 tax charged upon such estate. 
 
 2. That out of the proceeds of such sale the costs 
 and expenses of surveying, valuing, and felling 
 such timber, and of the sale thereof, and the 
 costs of this application may be paid and 
 satisfied. 
 
 3. That thereout also the land-tax charged on the 
 said estate may be redeemed. 
 
 (s) For other forms, see Daniell.
 
 LAND TAX REDEMPTION ACT. 339 
 
 4. And that the residue of such proceeds of sale 
 may be applied in such manner as your lordship 
 may please to direct. 
 
 Or that such other order, &c. [ante, p. 316]. 
 And your petitioner will ever pray, &c. 
 NOTE. It is, <fec. 
 
 FINES AND RECOVERIES ABOLITION ACT. 
 
 28. 
 
 In the [ante, form, 1]. Petition for 
 
 leave to bar 
 In the matter of A. B., an infant, estate tail 
 
 an( J when protector 
 
 In the matter of the Act 3rd and 4th William the 1S 
 Fourth, chapter 74, intituled " An Act for the aboli- 
 tion of fines and recoveries, and for the substitution of 
 more simple modes of assurance." 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of C. D., of, [ante, p. 146]. 
 Showeth as follows : 
 
 1. [State the settlement, and show how the person under disability 
 became protector.'] 
 
 2. [State the disability of the protector.] 
 
 3. [Show how the petitioner has become tenant in tail.\ 
 
 4. Your petitioner is desirous of barring his estate tail in 
 the said settled estate and of vesting the fee simple thereof in 
 himself. 
 
 Your petitioner therefore humbly prays that your 
 Lordship, as protector of the said settlement, will be 
 pleased to consent to a disposition under the above- 
 mentioned Act for the purpose of barring the estate 
 tail of your petitioner in the hereditaments comprised 
 
 in the said indenture of the day of , and 
 
 that a proper deed for the purpose of barring such 
 estate tail may be directed to be settled. 
 Or that such other order, &c. [ante, p. 316]. 
 And your petitioner will ever pray, <feo. 
 NOTE. It is, <fec. 
 
 (0 For other forms, see Daniell and Barry's Stat. Jur. 
 
 z 2
 
 340 FORMS AND PRECEDENTS. 
 
 29. JUDGMENT DEBTORS ACT. 
 
 Petition for 
 
 sale of lands " the [ante, form, 1J. 
 
 delivered in j n the matter of an Act passed in the Session held in 
 
 execution under ,, c*.i c .> e TT 
 
 an elegit. ^e 27th and 28th years of the reign of Her present 
 
 Majesty intituled "An Act to amend the law relating 
 to future judgments, statutes, and recognizances." 
 
 and 
 In the matter of A. B., of . 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of C. D., of . 
 
 Showeth as follows : 
 
 1. By a judgment, &c. 
 
 2. On the day of your petitioner caused a writ of 
 
 eligit to be sued out of this honourable Court directed to the 
 
 sheriff of , commanding him that, without delay, he should 
 
 cause to be delivered to your petitioner, &c. 
 
 3. In pursuance of the said writ the said sheriff duly caused 
 
 an inquisition to be held on the day of , at , and 
 
 by such inquisition it was found that the said A. B. was 
 seized, &c. 
 
 4. On the day of the said sheriff caused the said 
 
 lands and hereditaments to be delivered in execution to your 
 petitioner. 
 
 5. The said sheriff has duly returned the said writ \ and the 
 said writ and the return have been duly filed. 
 
 6. The said writ of elegit has been duly registered in manner 
 prescribed by the above-mentioned Act ; and the registry of 
 such writ continues and is still in force. 
 
 7. No part of the said sum of has been paid or satis- 
 fied ; and the said sum, together with interest thereon from the 
 day of , still remains due and owing to your peti- 
 tioner by virtue of the said judgment. 
 
 Your petitioner therefore humbly prays : 
 
 That the interest of the said A. B. in the said 
 lands and hereditaments so delivered in execu- 
 tion to your petitioner as aforesaid may be sold ; 
 and that the money arising from such sale may 
 be applied in payment to your petitioner of what
 
 JUDGMENT DEBTORS ACT. 341 
 
 is due to him under the said judgment of the 
 
 day of ; or, if there are any other 
 
 charges on the interest of the said A. B. in the 
 said lands and hereditaments, that the proceeds 
 of the said sale may be applied in payment of 
 what is due to your petitioner and to the parties 
 entitled to such charges according to their re- 
 spective priorities. 
 
 That for effectuating the purposes aforesaid all 
 proper accounts and inquiries may be taken and 
 made. 
 
 That the costs, &c. [ante, p. 150]. 
 
 Or that such other order, &c. [ante, p. 316]. 
 And your petitioner will ever pray, &c. 
 
 NOTE. It is intended to serve this peti- 
 tion on A. B. in the petition named 
 [ante, p. 148]. 
 
 WINDING-UP PETITIONS. 
 
 30 
 
 In, &c. [ante, form, 1.] Petition for 
 
 In the matter of the Company, Limited, 
 
 and 
 
 In the matter of the Companies Acts, 18 02 and 
 1867. 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of, <kc. [ante, p. 166]. 
 
 Showeth as follows : 
 
 1. The above-named company (hereinafter called the com- 
 pany) was registered with articles of association, on the day 
 
 of under the above-mentioned Acts. 
 
 2. The registered office of the company is at . 
 
 3. The objects for which the company was established are as 
 follows : To, <fec. [state tJie objects or principal objects], and 
 
 (u) For other forms of winding-up Precedents, p. 610 ct scq. 
 petitions, see Palmer's Company
 
 342 FORMS AND PRECEDENTS. 
 
 for other objects set forth in the memorandum of association of 
 the company. 
 
 4. The nominal capital of the company is divided into 
 
 shares of each. The whole of the said shares have 
 
 been issued. 
 
 5. [State the grounds upon which the application is made, see 
 ante, p. 153]. 
 
 6. Under the circumstances aforesaid, it is just and equitable 
 that the company should be wound up. 
 
 Your petitioner therefore humbly prays, 
 
 That the said Company, Limited, may be 
 
 wound up by this honourable Court under the 
 provisions of the Companies Acts 1862 and 
 1867 ; and that for that purpose all necessary 
 and proper directions may be given. 
 
 Or that such other order, &c., [ante, p. 316]. 
 And your petitioner will ever pray, &c. 
 
 NOTE. It is intended to serve this peti- 
 tion on the said Company, Limited 
 
 [ante, p. 172]. 
 
 31. In the High Court of Justice, 
 
 Affidavit yeri- Chancery Division, 
 
 fymg petition. J 
 
 In the matter, &c. 
 
 I of make oath and say that such of the state- 
 ments in the petition now produced, and shown to me and 
 marked with the letter A. as relate to my own acts and 
 deeds are true, and such of the said statements as relate to 
 the acts and deeds of any other person or persons, I believe 
 to be true. 
 
 Sworn, &c. 
 
 (x) Ante, pp. 175, 176 ; and see re Cakemore, $c.. Co., W. N. (1880) 15.
 
 COMPANIES. 343 
 
 In the matter [Title as in petition, ante], g2 
 
 Notice is hereby given, that a petition for the winding up of o{ ingv 
 the above-named company by the Chancery Division of Her petition, (y) 
 Majesty's High Court of Justice [or subject to the supervision of, 
 
 <fcc.] was on the day of presented to Her Majesty's 
 
 High Court of Justice by the said company [or by a 
 
 creditor (or contributory) of the said company [or as the case may 
 be] ]. And that the said petition is directed to be heard before 
 
 the Vice-Chancellor Sir [or Master of the Rolls'] on the 
 
 day of ; and any creditor or contributory of the said 
 
 company desirous to oppose the making of an order for the 
 winding up of the said company under the above Act should 
 appear at the time of hearing, by himself or his counsel, for that 
 purpose ; and a copy of the petition will be furnished to any 
 creditor or contributory of the said company requiring the same, 
 by the undersigned, on payment of the regulated charge for the 
 same (0). 
 
 C. <fc D. of &c. [agents for E. <k F. of &c.} 
 
 Solicitors for the petitioner. 
 
 REDUCTION OP CAPITAL. 
 
 33. 
 
 In the [ante, p. 315]. Petition for 
 
 In the matter of the Companies Acts, 1867 and 1877 t y thTcourt. 
 [ante, p. 190], 
 
 and 
 
 In the matter of the Company Limited and 
 
 Reduced. 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of the Company Limited 
 
 and Reduced, 
 
 Showeth as follows : 
 
 1. Your petitioner, the above-named company [hereinafter 
 called the company], was registered, &c. [continue as inform 30, 
 yar. 1]. 
 
 (y) Ante, p. 168 
 
 (z) The charge is fourpence per folio, ante, p. 176.
 
 344 FORMS AND PRECEDENTS. 
 
 2, 3, and 4 [repeat pars. 2, 3, and 4, of form 30]. 
 
 5. Shortly after the incorporation of the company it com- 
 menced and has since successfully carried on business. 
 
 6. The company has issued of its shares and no more, 
 
 and the sum of per share has been paid up thereon. 
 
 7. By clause 3 of the articles of association of the company it 
 is provided that the company may from time to time by special 
 resolution reduce its capital. 
 
 8. By a special resolution of the company duly passed and 
 confirmed, in accordance with section 51 of the Companies Act, 
 1862, at extraordinary general meetings of the company, held 
 
 respectively on the day of and the day of 
 
 it was resolved as follows, namely, that [state resolution for 
 reduction], 
 
 Your petitioner therefore humbly prays : 
 
 That the said special resolution, passed and con- 
 firmed as aforesaid, may be confirmed, and that 
 for this purpose all necessary and proper inqui- 
 ries and directions may be made and given, and 
 that a day may be fixed from and after which the 
 company shall be at liberty to discontinue the 
 addition to its name of the words " and reduced." 
 Or that such other order, &c. [ante, p. 316.] 
 And your petitioner will ever pray, &c. 
 
 NOTE. It is not intended to serve this 
 petition on any person. 
 
 In the matter, &c. [Title as in petition], 
 
 34 
 
 Advertisement Notice is hereby given that a petition for confirming a reso- 
 
 of presentation lution reducing the capital of the above company from 
 
 of petition. . , i /> . j . TT 
 
 to was on the day of presented to Her 
 
 Majesty's High Court of Justice, and is now pending, and that 
 the list of creditors of the company is to be made out for the 
 day of . 
 
 C. & D., of [agents for A. & B., of, &c.]. 
 
 Solicitors to the Company.
 
 COMPANIES. 345 
 
 JOINT STOCK COMPANIES ARRANGEMENT ACT, 1870. 
 
 35. 
 In the [ante, p. 315]. Petition for 
 
 sanction of 
 
 In the matter of the Company Limited, Court. 
 
 and 
 In the matter of the Companies Acts 1862 and 1867, 
 
 and 
 
 In the matter of the Joint Stock Companies Arrange- 
 ment Act, 1870. 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of [ante, p. 198]. 
 
 Showeth as follows : 
 
 [For a detailed form of this petition, see Palmer's Company 
 Precedents, p. 579 ; and compare form under Railway Companies 
 Act, infra,~\ 
 
 RAILWAY COMPANIES ACT, 1867. 
 
 In the [ante, p. 3151. 38 - 
 
 Petition to 
 
 In the matter of the Railway Company, confirm scheme 
 
 and of arrange ' 
 
 ment. 
 
 In the matter of the Railway Companies Act, 1867. 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of Directors of the above- 
 named Company [ante, p. 202]. 
 
 Showeth : 
 
 That on the day of the directors of the above- 
 named Company filed in this honourable Court a scheme of 
 arrangement between the above-named company and their 
 creditors [ante, p. 202], 
 
 Your petitioners therefore humbly pray that the 
 scheme so filed as aforesaid may be confirmed by the 
 order of this honourable Court. 
 
 And your petitioners will ever pray, &c.
 
 346 
 
 FORMS AND PRECEDENTS. 
 
 37. 
 
 Petition for 
 sanction of 
 Court. 
 
 AMALGAMATION OF LIFE ASSURANCE COMPANIES. 
 In the [ante, p. 314]. 
 
 In the matter of the Companies Acts, 1862 and 1867. 
 In the matter of the Lite Assurance Companies Act, 
 1870. 
 
 and 
 In the matter of the Life Assurance Company. 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of [ante, p. 207], 
 
 Showeth as follows : 
 
 [For a complete form of this petition, see Palmer's Company 
 Precedents, p. 566]. 
 
 38. 
 
 Petition of 
 course for 
 taxation of 
 costs. 
 
 TAXATION OF COSTS. 
 In the [ante, p. 315]. 
 
 In the matter of A. B., one of the solicitors of this 
 Court [ante, p. 214]. 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of C. D. of . 
 
 Showeth as follows : 
 
 1. Your petitioner employed the above-named A, B., O F , 
 
 as his solicitor in a certain action in this Court, in which your 
 petitioner was plaintiff, and E. F. was defendant, and in 
 other matters [Or, in certain conveyancing business, &c.~\. 
 
 2. The said A. B., on the ' day of , delivered to your 
 
 petitioner his bill of fees, charges, and disbursements, which 
 your petitioner is advised contains improper charges. 
 
 3. Your petitioner submits to pay to the said A. B. what 
 shall appear to be due to him upon the taxation of his said bill. 
 
 Your petitioner therefore humbly prays that it may 
 be referred to the Taxing Master to tax and settle 
 the said bill, with all usual directions ; and that no 
 proceedings may be commenced against your peti- 
 tioner in respect of the said bill pending such 
 reference. 
 
 And your petitioner will ever pray, tc.
 
 SOLICITORS. 347 
 
 
 
 CHARGE FOR COSTS. 
 
 39. 
 In the [ante, p. 315]. Petition for 
 
 .-P declaration 
 
 Between A. B. .... Plamtifl. O f charge. 
 
 and 
 
 C. D. .... Defendant. 
 
 And in the matter of the Solicitors Act, 1860 [ante, 
 p. 210]. 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of , of , gentleman, a 
 
 solicitor of the Supreme Court, 
 
 Showeth as follows : 
 
 1. [State the retainer of the petitioner."] 
 
 2. [State the conduct by the petitioner of the prosecution or 
 defence of the action.'] 
 
 3. [Show that the result of the action was that property was 
 recovered or preserved for the client through tlie instrumentality 
 of the petitioner.] 
 
 Your petitioner therefore humbly prays : 
 
 1. That it may be declared that your petitioner, as 
 the solicitor employed as aforesaid, is entitled to 
 a charge upon the share and interest of the said 
 plaintiff [or defendant] of and in the said heredi- 
 taments and premises at and of and in any 
 
 other property recovered by or preserved for him 
 
 in the said action for the taxed costs, charges, 
 and expenses of your petitioner of or in reference 
 to the said action as the solicitor of the said 
 plaintiff [or defendant]. 
 
 2. That it may be referred to the Taxing Master 
 to tax such costs as between solicitor and client, 
 including therein the costs, charges, and expenses 
 of the petitioner of and in reference to this action, 
 and also including the costs of the said petitioner 
 of and relating to this application. 
 
 3. That the amount of such taxed costs, charges, 
 and expenses may be raised by a sale of the 
 share and interest of the said plaintiff [or defend- 
 ant] in the said hereditaments and premises and
 
 348 FOllMS AND PRECEDENTS. 
 
 other such property as aforesaid, and may be 
 paid to your petitioner. 
 
 Or that such other order, &c. [ante, p. 316.] 
 And your petitioner will ever pray, <fcc. 
 
 NOTE. It is intended to serve this petition 
 on [ante, p. 210]. 
 
 CHANGE OF SOLICITOR. 
 40. 
 
 Petition of In the [ante, p. 315]. 
 course to _ 
 
 change solicitor [Title of Cause or Matter.] 
 
 and London 
 agent. ' To Her Majesty's High Court of Justice. 
 
 The humble petition of, &c. 
 
 Showeth as follows : 
 
 Your petitioner lately employed Mr. E. F. of <fcc. as his 
 solicitor in this cause [or matter], who acted by Mr. L. M. of 
 &c. as his agent. 
 
 Your petitioner is now desirous to employ Mr. C. D., whose 
 
 address for service is at , as his solicitor, and that Mr. G. H., 
 
 whose address for service is at , may be his agent. 
 
 Your petitioner therefore humbly prays : 
 
 That he may be at liberty to change his solicitor in 
 this cause [or matter] by appointing the said 
 Mr. C. D. as such solicitor, in the place and stead 
 of the said Mr. E. F., and that the said Mr. G. H. 
 may be the agent of your petitioner therein, in 
 the place and stead of the said Mr. L. M. 
 And your petitioner will ever pray, &c. 
 
 CUSTODY OF INFANTS ACT. 
 
 Petition for In the [ante, p. 315]. 
 
 and In the matter of A.B. an infant, 
 
 - and 
 
 In the matter of the Act 36 & 37 Victoria, chapter 
 1 2, intituled " An Act to amend the law as to the 
 ^ custody of infants."
 
 INFANTS. 
 
 349 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of C. D. the wife of E. F. of 
 , by G. H, of , her next friend. 
 
 Showeth as follows : 
 
 1. [State the marriage of the infant'' s parents, and the children 
 of such marriage.'] 
 
 2. [State in whose custody the infant is, and the grounds upon 
 which the application is made.~\ 
 
 Your petitioner therefore humbly prays : 
 
 That the said E. F. may be ordered to deliver the 
 said infant, A. B., into the hands of your peti- 
 tioner, until such age and subject to such regu- 
 lations as your Lordship shall deem convenient 
 and just. 
 
 Or, that your petitioner may have access to the said 
 infant, A. B., at such times and subject to such 
 regulations as your Lordship shall deem con- 
 venient and just. 
 
 That the said E. F. may be ordered to pay the 
 costs of and incident to this application. 
 Or that such other order, &c. [ante, p. 316.] 
 And your petitioner will ever pray, &c. 
 
 NOTE. It is intended to serve this petition 
 on E. F. in the petition named. 
 
 INFANTS SETTLEMENTS ACT. 
 
 42. 
 
 Petition for 
 sanction of 
 
 In the [ante, p. 3151. Cou , rt to a 
 
 settlement. 
 
 In the matter of A. B. an infant, by C. D. her next 
 friend [or guardian] 
 
 and 
 
 In the matter of the Act of Parliament 18 & 19 
 Victoria, chapter 43, intituled "An Act to enable 
 infants, with the approbation of the Court of Chan- 
 cery, to make binding settlements of their real and 
 personal estate on marriage."
 
 350 FORMS AND PRECEDENTS. 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of the above-named A. B., an 
 
 infant, by the said C. D. of , her next friend [or 
 
 guardian] (b). 
 
 Showeth as follows : 
 
 1. [State the infant's age\. 
 
 2. [State whether the infant has any parent or guardian, and 
 under whose care she is living^. 
 
 3. [State the infant's fortune, and show how it is invested], 
 
 4. E. F. of has made proposals of marriage to your 
 
 petitioner, which your petitioner has, with the consent of her 
 said mother, accepted. 
 
 5. [State shortly the age, rank, position in life, and fortune of 
 the proposed husband']. 
 
 6. Your petitioner, in contemplation of the said marriage, is 
 desirous, with the sanction of this honourable Court, of making 
 a valid and binding settlement of her property. 
 
 Your petitioner therefore humbly prays that a proper 
 settlement of your petitioner's property may be sanc- 
 tioned by this honourable Court, and that your peti- 
 tioner may be at liberty, in contemplation of her said 
 marriage, to execute such settlement. 
 
 Or that such other order, &c., [ante, p. 316]. 
 Arid your petitioner will ever pray, <fec. 
 
 NOTE. It is intended to serve this petition, &c. 
 
 PETITION FOB LEAVE TO MARRY. 
 43. 
 Petition by In the [ante, p. 315]. 
 
 far"leave to^ [Title of action or matter in which the infant is a ward 
 
 marry. of Court~\. 
 
 and 
 In the matter of the Act [as in the preceding form]. 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of the above-named infant A. B., 
 
 by C. D. of , her testamentary guardian, and of 
 
 E. F. of [ante, p. 230]. 
 
 (b) See ante, p. 227.
 
 INFANTS. 351 
 
 Showeth as follows : 
 
 1. [_Show lioio tJie infant became a ward of Court State the 
 infant's age, and tlie appointment of guardians, if any~\. 
 2. [State infant's fortune, and show how it is invested.] 
 
 3. Your petitioner, E. F., has made proposals of marriage to 
 your petitioner A. B., which proposals your petitioner A. B. 
 has, with the consent of her guardian, accepted, subject to 
 approbation of this honourable Court. 
 
 4. [State age, rank, position in life, and fortune of the pro- 
 posed husband.] 
 
 Your petitioner therefore humbly prays that an 
 inquiry may be made whether the proposed marriage 
 is a fit and proper marriage for your petitioner, A. B.; 
 and if so, that your petitioners may be at liberty to 
 lay proposals for a settlement on such marriage before 
 the Judge in Chambers ; and that a proper settle- 
 ment of the property of your petitioner A. B. may be 
 approved, and be executed by all necessary parties ; 
 and that, upon the due execution thereof, your peti- 
 tioners may be at liberty to intermarry. 
 
 Or that such other order, &c. [ante, p. 316]. 
 And your petitioner will ever pray, &c. 
 
 NOTE. It is intended to serve this petition 
 on, &c. 
 
 MARRIAGE ACT. 
 
 44 
 In the [ante, p. 315.] Petition 'for 
 
 In the matter of A. B., an infant, by C. D., her next 
 friend, 
 
 and 
 
 In the matter of the Act of Parliament 4th George 
 the Fourth, chapter 76, intituled "An Act for amend- 
 ing the laws respecting the solemnisation of marriages 
 in England." 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of the above-named infant A. B., 
 by C. D. of , her next friend, 
 
 (c) Ante, p. 235.
 
 352 FORMS AND PRECEDENTS. 
 
 Showeth as follows : 
 
 1. [State infant's age the proposed marriage the disability 
 of the person whose consent is required the infant's fortune the 
 proposed settlement]. 
 
 6. The said proposed marriage is a fit and proper marriage 
 for your petitioner ; but in consequence of the mental incapa- 
 city of your petitioner's father [or as the case may be], the 
 consent of this honourable Court is necessary to the said mar- 
 riage. 
 
 Your petitioner therefore humbly prays that it may 
 be declared that the said proposed marriage is a fit 
 and proper marriage for your petitioner within the 
 meaning of the said Act ; and that your petitioner 
 and the said E. F. may be at liberty to contract the 
 same accordingly. 
 
 Or that such other order, &c. [ante, p. 316]. 
 And your petitioner will ever pray, &c. 
 
 NOTE. It is, &c. 
 
 Sm SAMUEL ROMILLY'S ACT. 
 45. 
 Petition. In the [ante, p. 315]. 
 
 In the matter of the Charity, 
 
 and 
 
 In the matter of the Act 52nd Geo. III., chapter 101, 
 intituled "An Act to provide a summary remedy in 
 cases of abuses of trusts created for charitable pur- 
 poses." 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of [ante, p. 238]. 
 
 Showeth as follows : 
 
 [For statements and prayer, see DanielVs forms, p. 1153, 
 Barry's Stat. Jur., p. 316 ; and as to service, see ante, p. 239.]
 
 TRUSTEE ACTS. 353 
 
 TRUSTEE ACTS. 
 
 46. 
 In the [ante, p. 3151. Petition for 
 
 "iff 
 
 In the matter of the trusts of the will of de- new trustees 
 
 ceased [or of an indenture dated, &c. and made between, and vesting 
 , -i order. 
 
 drc.J 
 
 and 
 
 In the matter of the Trustee Act, 1850, and [where 
 applicable] of the Act 15th & 16th Viet. c. 55, inti- 
 tuled "An Act to extend the provisions of the Trustee 
 Act, 1850." 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of, &c. [ante, p. 258] 
 
 Showeth as follows : 
 
 [Set out the instrument creating the trust, and shew who are the 
 persons interested.] 
 
 [Show wJiat the trust property consists of, and state how it has 
 been invested or othenvise dealt with] 
 
 [SJtow why it is inexpedient, difficult, or impracticable to ap- 
 point new trustees without the assistance of the Court] 
 
 4. E. F. of and G. H. of are fit and proper persons 
 
 to be appointed such new trustees, and they have respectively 
 agreed and consented to be so appointed and to act as such 
 trustees. 
 
 Your petitioners therefore humbly pray as follows : 
 
 1. That the said E. F. and G. H. may be appointed 
 new trustees of the will of the said de- 
 ceased [or of the said indenture dated, <c.] in 
 substitution for the said and . 
 
 2. That the lands subject to the trusts of the said will 
 and the property comprised in the said mortgage 
 may vest in the said E. F. and G. H. as the 
 trustees of the said will [or settlement] for the 
 estate devised [or conveyed to the said and 
 
 ] by the said will to the trustees thereof. 
 
 3. That the right to call for a transfer and to transfer 
 
 into their own names the said consolidated 
 
 3 per cent, annuities now standing in the names 
 of, <fec., and to receive any dividends accrued or 
 
 A A
 
 354 FORMS AND PRECEDENTS. 
 
 hereafter to accrue due thereon, may vest in the 
 said E. F. and G. H., as such trustees as aforesaid 
 [ante, p. 250]. 
 
 4. That the right to sue for or recover the said mort- 
 gage debt of [or any chose in action 
 
 subject to the trusts of the said will] or any interest 
 in respect thereof may vest in the said E. F. and 
 G. H. as such trustees as aforesaid. 
 
 5. That it may be referred to the Taxing Master to 
 tax as between solicitor and client the costs of 
 your petitioners and of all other proper parties 
 to this application and consequent thereon, and 
 that such costs when taxed may be paid out of 
 the said trust funds [ante, p. 262]. 
 
 Or that such other order, &c. [ante, p. 316]. 
 And your petitioner will ever pray, &c. 
 
 NOTE. It is intended to serve this petition 
 on, &c. [ante, p. 259]. 
 
 47. 
 Affidavit of In the High Court of Justice. 
 
 fitness of pro- Chancery Division, 
 
 posed trustees. 
 
 (<0 [Title as in Petition.] 
 
 We, of , and of , make oath and say as 
 
 follows : 
 
 1. We know, and are well acquainted with A. B. of . 
 
 2. The said A. B. is in our judgment, and to the best of our 
 belief, a fit and proper person to be appointed a trustee of the 
 will of the above-named . [State grounds for belief.] 
 
 Sworn, <fec. 
 
 Consent to In the Hi S h C Urt f Justice ' 
 act. (d) Chancery Division. 
 
 [Title as in Petition.] 
 
 We, the undersigned A. B. of , and C. D. of , here- 
 by testify our consent to accept the office of trustee, and to 
 
 (d) Ante, 261.
 
 TRUSTEE ACTS. 355 
 
 act iii the trusts of the will of , late of , deceased, 
 
 in case the court shall think fit to appoint us to that office. 
 
 Dated this day of , 188. 
 
 A. B., 
 C. D. 
 
 Signed by the said A. B. and C. D. ) 
 in the presence of J 
 
 E. F. of . 
 
 [Formal parts as in No. 47.] 
 
 49. 
 
 1. The signatures "A. B." and " C. D." respectively, set Affidavit 
 
 and subscribed to the paper writing marked A. hereunto an- verifying 
 
 nexed purporting to be the consent, dated the day o f Slgna 
 
 , of and are respectively the handwriting of 
 
 the said and in the paper writing mentioned, as 
 
 I know from having seen them respectively sign the said 
 paper writing. 
 
 LORD ST. LEONARDS' ACT, 1859. 
 
 In the [ante, p. 315]. Petition 'for 
 
 In the matter of the trusts of, &c. [ante, p. 267] Sand df 
 
 and rection of the 
 
 In the matter of the Act 22 & 23 Viet. c. 35, in- Court - ( e ) 
 tituled " An Act to further amend the law of pro- 
 perty, and to relieve trustees." 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of A. B. of , and C. D. of 
 
 , [ante, p. 267] 
 
 Showeth as follows : 
 
 1. <fec. [State the facts sJiortly], 
 
 The opinion, advice, or direction of this honourable 
 court is desired upon the following questions : 
 1. Whether, &c. 
 
 (c) For a complete form, see Barry's Stat. Jur. 
 
 A A 2
 
 356 FORMS AND PRECEDENTS. 
 
 2. Whether, &c. 
 
 3. In what manner the costs of this application 
 are to be paid or provided for [ante, p. 268]. 
 
 NOTE. It is, &c. [ante, p. 267]. 
 
 51. 
 
 Petition. 
 
 52. 
 
 Notice to be 
 indorsed on 
 petition for 
 inquiry. 
 
 PETITION FOB INQUIRY. 
 
 In Lunacy. 
 
 In the matter of A. B., a supposed lunatic. 
 
 To the Eight Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of C. D. of, &c. [ante, p. 269] 
 
 Showeth as follows : 
 
 That the said A. B., now residing at , now is, and for 
 
 some time past, has been of unsound mind, and altogether unfit 
 and unable to govern himself, or to manage his affairs, as by 
 the affidavits hereto annexed appears. 
 
 That your petitioner C. D. is the [state relationship] and sole 
 next of kin of the said A. B. 
 
 Your petitioner therefore humbly prays your lord- 
 ship that the Masters in Lunacy, or one of them, may 
 be directed to inquire and certify concerning the 
 lunacy of the said A. B. 
 
 And your petitioner will ever pray, &c. 
 
 C. D. 
 
 Witness. of . 
 
 Solicitor to the petitioner. 
 
 NOTE. It is, &c. [ante, p. 270]. 
 
 Mr. A. B., 
 
 Take notice, that a petition, of which a copy is within written, 
 
 was on the day of , presented to the Lord Chancellor 
 
 by me [or by C. D. of (/ ), and that by virtue of and under 
 
 (/) When a demand for a jury has been filed before petition, from this 
 to the end is to be omitted.
 
 LUNACY. 357 
 
 the same an inquiry may be ordered to take place before one of 
 the Masters in Lunacy, as to whether you are or are not of un- 
 sound mind, and incapable of managing yourself and your affairs ; 
 but that you may, in case you think fit, demand that such an 
 inquiry may, if ordered, be had before a jury, in which case a 
 notice of such your desire must be signed by you, and attested 
 by your solicitor, and filed with the Registrar in Lunacy at his 
 office in Southampton Buildings, Chancery Lane, London, with- 
 in seven days after your receipt of this present notice. 
 Dated this day of . 
 
 (Signed) C. D. 
 (Or X. Y. solicitor for the petitioner, C. D.) 
 
 LEAVE TO ATTEND INQUIRY. 
 
 53. 
 
 In Lunacy. Petition for 
 
 leave to at- 
 In the matter of A. B., a supposed lunatic. tend. 
 
 To the Right Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of [ante, p. 274], 
 
 Showeth as follows : 
 
 1. That by an order made in the above matter on the 
 
 day of , it was ordered that the Masters in Lunacy should 
 
 inquire as to the lunacy of the said A. B. 
 
 2. That the said inquiry is to be opened at , on the 
 
 day of , and it is material that your petitioner should 
 
 be at liberty to attend the said inquiry by his counsel and 
 solicitor. 
 
 Your petitioner therefore humbly prays your lordship 
 that he may be at liberty to attend the execution of 
 the said inquiry by his counsel and solicitor, and that 
 due notice of any adjournments thereof may be duly 
 given to your petitioner. 
 
 And your petitioner will ever pray, &c.
 
 358 
 
 FORMS AND PRECEDENTS. 
 
 54. 
 
 Petition for 
 leave to tra- 
 verse inquisi- 
 tion. 
 
 LEAVE TO TRAVERSE. 
 In Lunacy. 
 
 In the matter of A. B., a lunatic. 
 
 To the Right Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of the said A. B. [ante, p. 275], 
 
 Showeth as follows : 
 
 1. That by an order for inquiry made in this matter on the, 
 &c., it was ordered that the Masters in Lunacy should inquire 
 concerning the lunacy of your petitioner. 
 
 2. That by the inquisition taken on the execution of the said 
 order on, &c., it was found that your petitioner was a person 
 of unsound mind. 
 
 3. That your petitioner has been informed and believes that 
 \State grounds of traverse]. 
 
 4. That your petitioner is advised that the said finding was 
 contrary to the evidence adduced on the part of your petitioner. 
 
 5. That your petitioner is of sound mind and competent to 
 govern himself and his affairs, and is prejudiced and aggrieved 
 by the issuing of the said fiat [or commission], and the return of 
 the said inquisition. 
 
 6. That proceedings to appoint committees of the person 
 and estate of your petitioner, and to inquire as to the heir-at- 
 law and next-of-kin of your petitioner and as to other mattei'S, 
 are now pending before the Master in Lunacy. 
 
 Your petitioner therefore humbly prays : 
 
 That he may be at liberty to traverse the said 
 inquisition, and that in the meantime all fur- 
 ther proceedings before the Master may be 
 stayed. 
 
 Or that such other order, &c. [ante, p. 316]. 
 And your petitioner will ever pray, & c. 
 
 A. B. 
 
 Witness. of . 
 
 Solicitor.
 
 LUNACY. 359 
 
 CONFIRMATION OP REPORT. 
 
 55. 
 
 In Lunacy. Petition. 
 
 In the matter of A. B., a lunatic. 
 
 To the Right Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of 
 
 Showeth as follows : 
 
 That by an inquisition taken at, <fec., on, &c., under an order 
 for that purpose the said A. B. was found, <fec. 
 
 That your petitioner, in pursuance of the General Orders in 
 
 Lunacy, laid before , Esq., the Master in Lunacy, a state of 
 
 facts and proposal relative to the several matters referred to 
 him, and the said Master by his Report made in this matter, 
 dated, &c., after stating, &c., certified, c. 
 
 Your petitioner therefore humbly prays your Lordship 
 that the said Master's Report may be confirmed, and 
 that, &c. [state the effect of report], 
 
 That it may be referred, &c. [prayer for costs]: 
 Or that such other order may be, &c. [ante, 
 p. 316]. 
 
 And your petitioner will ever pray, &c. 
 
 NOTE. It is, &c. [ante, p. 279]. 
 
 SUPERSEDEAS. 
 
 56. 
 
 In Lunacy. Petition for 
 
 In the matter of A. B., late a person of unsound su 
 mind. 
 
 To the Right Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of the above-named A. B., now 
 
 residing with of [ante, p.. 282]. 
 
 Showeth as follows : 
 
 1. [State order for inquiry, result of inquiry and subsequent 
 proceedings in lunacy. ~\
 
 360 FORMS AND PRECEDENTS. 
 
 4. The state of your petitioner's health has so far improved 
 as to render any restraint upon his actions unnecessary, and 
 your petitioner has for some time past enjoyed his personal 
 liberty. Your petitioner having now perfectly recovered his 
 sound state of mind and understanding, is desirous that the said 
 proceedings in lunacy shall be superseded. 
 
 Your petitioner therefore humbly prays that he may 
 be at liberty to attend your Lordship for the purpose 
 of being examined as to his sanity of mind and com- 
 petency of understanding for the management of him- 
 self and his estate, and that the said Inquisition and 
 proceedings thereon may be superseded forthwith, and 
 that a supersedeas may issue for that purpose. 
 Or that such other order, &c. [ante, p. 316]. 
 And your petitioner will ever pray, &c. 
 
 A. B. 
 
 Witness. of . 
 
 Solicitor. 
 
 NOTE. It is, &c. [ante, p. 282]. 
 
 PETITION ON DEATH OP LUNATIC. 
 57. 
 Petition for In Lunacy. 
 
 In the matter of A. B., late a person of unsound 
 mind, deceased [ante, p. 285]. 
 
 To the Right Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of C. D., the committee of the 
 person and estate of the said A. B., and of E. F. and 
 G. H., the executors of the said A. B. 
 
 Showeth as follows : 
 
 1. That by an Inquisition taken at, &c., the said A. B., was 
 found, &c. 
 
 2. That the custody of the person, and the care and manage- 
 ment of the estate of the said A. B., were duly granted to your 
 petitioner, C. D.
 
 LUNACY. 361 
 
 3. That the said A. B. died on the day of , having 
 
 previously to his insanity duly executed his will dated the 
 
 day of , whereby he appointed, &c. 
 
 4. The said will was duly proved on the, &c., by, &c. 
 
 5. There is now in Court to the credit of this matter the sum 
 
 of Bank 3 per cent. Annuities, and the sum of 
 
 cash, and your petitioners are desirous that the same may be 
 transferred and paid to your petitioners, E. F. and G. H., as 
 such executors as aforesaid. 
 
 Your petitioners therefore humbly pray : 
 
 1. That the costs of your petitioners of and relating 
 to this matter may be taxed as between solicitor 
 and client, and that the amount of such costs, 
 when taxed, may be paid out of the said sum of 
 cash to the credit of this matter. 
 
 2. That the said sum of Bank Annuities stand- 
 ing to the credit of this matter, and any divi- 
 dends which may accrue thereon previously to 
 the transfer, and also the residue of the said sum 
 
 of cash, after payment of the said costs, 
 
 may be transferred and paid to your petitioners; 
 E. F. and G. H., as such executors as aforesaid. 
 
 Or that such other order, &c. [ante, p. 316]. 
 And your petitioners will ever pray, &c. 
 
 NOTE. It is, &c. (ante, p. 286). 
 
 LUNACY REGULATION ACT, 1862. 
 
 58. 
 In Lunacy. Petition for 
 
 In the matter of A. B., a supposed insane person. 
 And in the matter of The Lunacy Regulation Act, 
 1862. 
 
 To the Right Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of C. D., of, &c., and E. F., of, 
 &c. 
 
 Showeth as follows : 
 
 1. That A. B., now residing at , is now and has for
 
 362 FORMS AND PRECEDENTS. 
 
 years past been of unsound mind, and incapable of managing 
 his affairs, as by the affidavits hereto annexed appears. 
 
 2. That the property of the said A. B. consists of the follow- 
 ing particulars, that is to say, the sum of 300 3 per cent. 
 Consolidated Bank Annuities standing in the name of the said 
 
 A. B., and of three cottages with gardens and premises at , 
 
 in the county of , pi'oducing together a net income of 30. 
 
 3. That the said A. B. is a bachelor, and has no father or 
 mother living, and your petitioner C. D. is the eldest brother 
 and heir-at-law, and your petitioner E. F. is a sister of the said 
 A. B., and that the names and descriptions of the other persons 
 who would be entitled to the estate of the said A. B. under the 
 Statutes for the distribution of the effects of intestates in case 
 he were dead ^intestate, are set forth in the affidavits hereto 
 annexed. 
 
 4. That there is owing to for the past maintenance of 
 
 the said A. B. the sum of 
 
 Your petitioners, therefore, humbly pray : 
 
 1. That your petitioners' costs, charges, and ex- 
 penses of this application and consequent thereon, 
 may be taxed. 
 
 2. That the said sum of 300 3 per cent. Con- 
 solidated Bank Annuities may be ordered to be 
 paid and transferred into Court to the credit of 
 an account entitled, " In trust in the matter of 
 A. B., an insane person, and the Lunacy Regula- 
 tion Act, 1862." 
 
 3. That a sufficient part of the said bank annuities 
 when so transferred may be ordered to be sold to 
 raise the amount of such costs when taxed, and 
 
 also the said sum of ; and that out of the 
 
 proceeds of such sale the amount of such costs 
 
 when taxed, and the said sum of may be 
 
 ordered to be paid. 
 
 4. That the dividends of the residue of the said bank 
 annuities may be paid to your petitioners during 
 the life of the said A. B., or until further order. 
 
 5. That your petitioners maybe authorised to receive 
 the rents of the said cottages during the life of 
 the said A. B.
 
 LUNACY. 363 
 
 6. That the said dividends and rents may be ap- 
 plied by your petitioners in the maintenance of 
 the said A. B. 
 
 Or that such other order, &c., [ante, p. 316], 
 And your petitioners will ever pray, &c. 
 
 C. D. 
 E. F. 
 
 Witness. of 
 
 Solicitor. 
 
 NOTE. It is, &c. [ante, p. 288]. 
 
 Mr ' A - B - 
 
 Take notice, that a petition, of which a copy is within endorsed on 
 
 written, was on the day of presented to the Lord copy petition. 
 
 Chancellor, and that in pursuance thereof orders may be made 
 on the grounds of your being of unsound mind and incapable 
 of managing your affairs, for the purpose of rendering your 
 property or the income thereof available for the maintenance 
 or benefit of yourself [and your family, or for carrying on your 
 trade or business^ ; and that if you intend to object to such 
 orders being made, notice of such objection must be signed by 
 you, and attested by your solicitor, and filed at the office of the 
 Registrar in Lunacy at his office at Southampton Buildings, 
 Chancery Lane, London, within seven days of your receipt of 
 the present notice. 
 
 Dated this day of 188-. 
 
 (Signed) C. D. 
 [Or E. F., solicitor for the petitioner, C. D.] 
 
 60. 
 
 In the matter of A. B., an alleged insane person. Notice of 
 
 objection by 
 
 I, the above-named A. B., having been served with the notice alleged lunatic- 
 of the presentation of a petition, praying for an order respecting 
 my property, on the grounds that I am of unsound mind, and
 
 364 FOKMS AND PRECEDENTS. 
 
 incapable of managing my affairs, do hereby give notice of my 
 intention to object to such order being made. 
 
 Dated this day of 
 
 A. B. 
 Witness. C. D. 
 
 Solicitor for the above- 
 named A. B. 
 
 61. 
 
 Petition. 
 
 PETITION OF RIGHT. 
 In the [ante, p. 315]. 
 
 \_Set out the title of the intended action.^ 
 
 To the Queen's Most Excellent Majesty. 
 
 The humble petition of A. B. of by his attorney, 
 
 C. D. of [State the Christian and surnames and 
 
 usual places of abode of the suppliant and of his attorney 
 if any, by whom the petition is presented], 
 
 Showeth as follows : 
 
 [Set forth with convenient certainty the facts entitling the 
 suppliant to relief, ante, p. 291]. 
 
 Your suppliant, therefore, humbly prays, &c. 
 
 Dated the day of , 188-. 
 
 A. B. 
 
 [Or counsel for A. B. 
 
 or solicitor for A. BJ\ 
 
 62. 
 
 Indorsement 
 on copy peti- 
 tion to be 
 served on 
 Treasury 
 Solicitor (17). 
 
 63. 
 
 Indorsement 
 for service 
 
 The suppliant prays for a statement of defence on behalf of 
 Her Majesty within twenty-eight days after the date hereof, 
 or otherwise that the petition may be taken as confessed. 
 Dated the day of . 
 
 You are hereby required to appear to the within petition in 
 Her Majesty's High Court of Justice, Chancery Division, 
 
 (g) Ante, p. 291.
 
 CHARGING ORDER. 365 
 
 within eight days, and to deliver a statement of defence thereto on other 
 within fourteen days after the date hereof. parties (h). 
 
 Take notice, that if you fail to appear or deliver a defence in 
 due time the said petition may as against you be ordered to be 
 taken as confessed. 
 
 Dated the day of . 
 
 CHARGING ORDER. 
 
 ww 
 
 In the [ante, p. 315], Petition for 
 
 charging order 
 In the matter of an Act passed in the session held in O n fund in 
 
 the 1st & 2nd years of the reign of Her present Court - 
 Majesty, chapter 110, and of an Act passed in the 
 session of the 3rd & 4th years of the reign of Her 
 present Majesty, chapter 82, 
 
 and 
 In the matter of A. B. of . 
 
 To Her Majesty's High Court of Justice : 
 
 The humble petition of C. D. of . 
 
 Showeth as follows : 
 
 1. [State the judgment or order which has been obtained 
 against the debtor.'] 
 
 2. [State the debtor's title to or interest in the property sought to 
 be charged.] 
 
 Your petitioner, therefore, humbly prays : 
 
 1. That the said sum of Reduced 3 per 
 
 cent. Annuities may stand charged with the pay- 
 ment to your petitioner of the said sum of 
 
 and interest thereon at the rate of 4 per cent. 
 
 per annum from the day of until 
 
 payment, unless the said A. B. shall within one 
 calendar month after service of the order to be 
 
 made upon this petition [or shall before the 
 
 day of ] show good cause to the contrary. 
 
 2. That no part of the said annuities may be sold, 
 transferred, paid out, or otherwise dealt with, 
 
 h) Ante, p. 291.
 
 366 FORMS AND PRECEDENTS. 
 
 without notice to your petitioner, until the order 
 to be made on this petition shall be made absolute 
 or be discharged [ante, p. 294]. 
 
 Or that such other order, &c. [ante, p. 316]. 
 And your petitioners will ever pray, &c. 
 
 NOTE. It is not intended to serve this 
 petition on any person. 
 
 MARRIED WOMEN'S PROPERTY ACT, 1870. 
 65. 
 
 Petition for In the r anfe p> ^^ 
 appointment of 
 
 trustee to In the matter of a policy effected on the life of A. R, 
 
 receive policy , 
 
 moneys $ and 
 
 In the matter of the Married Women's Property Act, 
 
 1870. 
 
 To Her Majesty's High Court of Justice. 
 
 The humble petition of C. B. the wife of the above- 
 named A. B. of, &c., by E. F. of, <fec., her next friend, 
 and of X. B. and Y. B. respectively infants, by the 
 said E. F. their next friend. 
 
 Showeth as LIlows : 
 
 [Show how the policy was effected, the marriage and the 'issue 
 of the marriage, the death of A. ., and t lie proposed trustee.] 
 
 Your petitioners therefore humbly pray : 
 
 1. That the said may be appointed trustee to 
 
 receive and give a good discharge for the moneys 
 secured by and payable under the said policy 
 
 numbered , effected on the life of the said 
 
 A. B. in the Life Assurance Company. 
 
 2. That the respective rights and interests of your 
 petitioners in the moneys secured by the said 
 policy may be declared. 
 
 Or that such other order, &c. [ante, p. 316]. 
 And your petitioners will ever pray, &c. 
 
 NOTE. It is, <fec. 
 
 (i) For a complete form, see Griffith's Married Women's Property Act, 
 p. 83.
 
 PETITIONS OP COURSE. 367 
 
 INVESTMENT ON KEAL SECURITIES IN IRELAND. 
 
 66. 
 In the \ante, p. 3151. Petition for 
 
 leave to invest. 
 In the matter of the trusts of, &c. 
 
 and 
 
 In the matter of the Act 4th & 5th Will. IV., 
 chapter 29, intituled "An Act for facilitating the 
 loan of money upon landed securities in Ireland." 
 
 To Her Majesty's High Court of Justice. 
 The humble petition of, &c. 
 
 Showeth as follows : 
 
 [State the instrument creating the trust, the persons interested, 
 the present investment of the trust fund, the proposed mortgage 
 and its desirability.] 
 
 Your petitioners therefore humbly pray that they 
 
 may be authorised to raise the sum of < [state 
 
 how], and to lend the said sum of upon the 
 
 security of a mortgage of the said real estate at 
 
 in Ireland. 
 
 Or that such other order, <fec. [ante, p. 316]. 
 And your petitioners will ever pray, &c. 
 
 NOTE. It is, &c. [ante, p. 303]. 
 
 GUARDIAN AD LITEM. 
 
 In the [ante, p. 315.] Petiti ^' 
 
 [Title of action or matter and reference to record]. of co . UI * e {or 
 
 To Her Majesty's High Court of Justice. f^jf" 1 ad 
 
 The humble petition of the defendant C. D., an infant, 
 by E. F. of , his next friend, 
 
 Showeth as follows : 
 
 1. The plaintiff has issued a writ of summons against your 
 petitioner, who has appeared thereto. 
 
 2. The said E. F. has no interest in this action adverse to
 
 368 FORMS AND PRECEDENTS. 
 
 your petitioner, and is a proper person to be assigned his 
 guardian ad litem [ante, p. 7]. 
 
 Your petitioner therefore humbly prays that the said 
 E. F. may be assigned his guardian, by whom he may 
 defend this action. 
 
 And your petitioner will ever pray, &c. 
 
 68. 
 
 Petition of 
 course for 
 leave (j). 
 
 LEAVE TO ATTEND PROCEEDINGS. 
 
 [Title and address as in last form.] 
 The humble petition of of 
 
 Showeth as follows : 
 
 Your petitioner has been served with notice of the judgment 
 [or order] made in this action dated the day of . 
 
 Your petitioner claims to be interested in the subject-matter 
 of this action, and desires to attend the proceedings under the 
 said judgment [or order]. 
 
 Your petitioner therefore humbly prays that he may 
 be at liberty to attend the proceedings under the said 
 judgment [or order] accordingly. 
 
 And your petitioner will ever pray, &c. 
 
 69. 
 
 Petition of 
 course for leave 
 to sue in 
 formd 
 pauperis (k). 
 
 IN FORMA PAUPERIS. 
 
 [Title and address as in form, 67. ] 
 
 The humble petition of the above-named plaintiff, 
 A. B. 
 
 Showeth as follows : 
 
 1. [State the action and show the plaintiff's claim.] 
 
 2. [State shortly appearance and oilier subsequent proceedings 
 in the action.] 
 
 3. Your petitioner is not worth 5, his wearing apparel and 
 the subject-matter of this action alone excepted. 
 
 (j) Ante, p. 309. 
 (k) Ante, p. 310.
 
 PETITIONS OF COURSE. 369 
 
 Tour petitioner, therefore, humbly prays that he may 
 be at liberty to prosecute this action in forma pauperis, 
 and that , esquire, who has subscribed this peti- 
 tion, thereby certifying your petitioner's just cause of 
 action, may be assigned as his counsel, and that 
 
 Mr. may be assigned as his solicitor. 
 
 And your petitioner will ever pray, &c. 
 
 EXAMINATION DE BENE ESSE. 
 [Title and address as inform 67.] 
 
 The humble petition of the above-named plaintiff Petition for 
 A_ J^ leave to exa- 
 
 mine witness 
 Showeth as follows : de bcne csse. (I) 
 
 1. Your petitioner has lately commenced this action against 
 the defendant and the defendant has appeared thereto. 
 
 2. E. F. of is a material witness in this action for your 
 
 petitioner. 
 
 3. The said E. F. is upwards of seventy years of age [or as 
 the case may be, see ante, p. 312], and your petitioner is desirous 
 of examining him de bene esse. 
 
 Your petitioner, therefore, humbly prays that he may 
 be at liberty to examine the said E. F. as a witness 
 on his behalf in this action de bene esse, saving all just 
 exceptions. 
 
 And your petitioner will ever pray, <feo. 
 
 (1) Ante, p. 312. 
 
 B B
 
 INDEX. 
 
 ABANDONMENT OF RAILWAYS ACT, 50, 161 
 ABROAD. See JUEISDICTION. 
 ACKNOWLEDGED DEED, 
 
 when necessary on payment out, 23 
 
 ACKNOWLEDGMENT. See MABRIED WOMEN. 
 
 ACQUITTED ON GROUND OP INSANITY, 
 
 property of prisoner, may be dealt with on petition, 288 
 
 ACT OF PARLIAMENT, 
 
 evidence of, having passed, 49 
 
 ACTION (PETITION IN), 2 
 form of petition in, 315 
 
 ADDRESS 
 
 of petition, 2 
 
 of petitioner, statement of, in petitions, 3 
 
 ADDRESS FOR SERVICE, 38, 114 
 
 ADJOURNMENT 
 
 of petition to chambers, 8 
 
 ADVERTISEMENTS, 
 
 Declaration of Title Act, under, 302 
 Railway Companies Act, under, 203, 205 
 reduction of capital, of petition for, 190 
 Settled Estates Act, under, 120 
 winding-up petition, of, 168 
 
 ADVICE AND DIRECTION OF COURT, 265-268 
 action not prevented by, 267 
 appeal, no, 267 
 
 application for, how made, 267 
 costs, 268 
 
 evidence not admitted on, 267 
 indemnity to trustees, 266 
 inquiries will not be directed, 267 
 order, how passed and entered, 268 
 
 B n 2
 
 372 INDEX. 
 
 ADVICE AND DIRECTION OF COURT continued. 
 
 petition for, 267 
 
 title of, 267 
 
 by whom presented, 267 
 service of petition, 267 
 signature of counsel to petition, 267 
 what questions will be decided on petition for, 265 
 who may petition, 267 
 form of petition, 355 
 
 AFFIDAVITS, 
 
 costs of unnecessary matter in, 12 
 
 cross-examination on, 11 
 
 form and contents of, 1 2 
 
 marksman, by, 11, n. 
 
 filed in the cause or in another matter, 12 ; in another action, 313 
 
 negativing adverse claims, 69 
 
 of fitness of new trustees, 261 
 
 form of, 354 
 of no incumbrance, 59 
 
 form of, 325 
 of no settlement, 30 
 of service, 8, 84 
 re-swearing, on amendment of petition, 12 
 
 AGREEMENTS AS TO COSTS. See SOLICITOUS. 
 ALLOWANCE OF INCOME, PENDENTE LITE, 18 
 
 AMALGAMATION OF ASSURANCE COMPANIES. See LIFE ASSUBAKCE 
 COMPANIES. 
 
 AMENDMENT OF PETITION, 10 
 how and when made, 10 
 
 affidavits need not be re-sworn nor petition re-answered, 10, 12 
 what may be introduced by amendment, 10 
 
 APPEAL 
 
 no longer by petition, 14 
 
 time within which, must be brought, 14, 44, 186 
 
 APPEAL COURT 
 
 cannot hear original petition, 14 
 cannot order a transfer, 11 
 
 APPEARANCE, 
 
 after judgment, leave to enter, 309 
 conditional, leave to enter, 309 
 unnecessary, costs of, 13 
 
 APPOINTMENT OF NEW TRUSTEES. See TRUSTEE ACTS. 
 
 ARBITRATOR, 
 
 attendance of witnesses before, 313 
 delivery out of court of documents to, 313
 
 INDEX. 373 
 
 ARRANGEMENT WITH CREDITORS 
 
 under Railway Companies Act. 1867 ; 201 
 
 under Joint Stock Companies Arrangement Act, 198 
 
 ASSIGNMENT OF PETITION, 166 
 
 ASSURANCE COMPANIES. See LIFE ASSURANCE COMPANIES. 
 
 ATTEND INQUIRY (LEAVE TO). See INQUIRY. 
 
 ATTENDING PROCEEDINGS, 
 
 petition of course for leave to attend, 309 
 form of petition, 368 
 
 ATTESTING WITNESS, 
 
 proof of execution by, 60, 262 
 
 ATTORNEY (POWERS OF). See POWERS OF ATTORNEY. 
 ATTORNEYS. See SOLICITORS. 
 
 BANKRUPT 
 
 trustee, removal of, 252 
 
 BILLS OF COSTS. See SOLICITORS. 
 
 BRANCH OF COURT, 
 
 orders made in two branches, subsequent application, 58 
 
 BROKER'S COMMISSION, 
 
 broker of Paymaster-General must be employed, 48 
 brokerage, how paid, 79, n. 
 
 BUILDINGS, 
 
 investment in, 65 
 
 BURIAL ACTS, 241 
 
 CAUSE (PETITION IN A), 2 
 form of, 315 
 
 CHAMBERS (ADJOURNMENT OF PETITION TO), 8 
 CHANGE OF SOLICITOR. See SOLICITORS. 
 CHARGE FOR COSTS. See SOLICITORS. 
 
 CHARGING ORDER, 293 
 
 application for, how made, 294 
 
 in what cases an order may be obtained, 293 
 
 evidence on petition for, 294 
 
 order nisi, 294 
 
 order absolute, 295 
 
 payment out of fund charged, when ordered, 295 
 
 proceedings to protect fund, 295 
 
 service, 294, 295 
 
 what property may be charged, 293 
 
 form of petition for, 365
 
 374 INDEX. 
 
 CHARITABLE TRUSTS ACT, 242 
 CHARITIES. See ROMILLY'S ACT. 
 
 new trustees, appointment of, 237. 254 
 pajment out to, 26, 37, 68 
 
 CHARITY COMMISSIONERS, 
 
 consent of, when necessary, 26, 37, 238 
 
 CHILD-BEARING (WOMAN PAST), 
 
 payment out to, 23 
 
 CHOSE IN ACTION (VESTING OF). See TRUSTEE ACTS. 
 CHURCH BUILDING ACTS, 241 
 COLLUSIVE PETITION, 181 
 COMMISSION. See LUNACY. 
 COMMISSIONERS. See CHAEITY COMMISSIONERS. 
 
 COMPANIES ACTS. See WINDING-UP PETITIONS REDUCTION OF CAPI- 
 TALPROSECUTION OF DIRECTORS. 
 
 COMPROMISE, 
 
 enforcing, 299 
 
 sanction of court to, when necessary, 299 
 
 CONDITIONAL APPEARANCE. Sec APPEARANCE. 
 CONFIRMATION OF MASTER'S REPORT. See LUNACY. 
 
 CONFIRMATION OF SALES ACT, 1862 
 
 petition for sale of surface and minerals separately, 140 
 form of petition, 337 
 
 CONSENT, petitions of course by, 17 
 
 CONSENT OF TRUSTEES TO ACT, 261 
 form of, 354 
 
 CONTEMPT. See MARRIAGE OF WARDS OF COURT. 
 
 CONVERSION OF CONSOLS INTO OTHER SECURITIES, 
 petition for, 93 
 
 CONVEYANCING COSTS (TAXATION OF), 
 
 Lands Clauses Consolidation Act, under, 87 
 
 CO-PETITIONERS, 
 
 what persons should be made, 14 
 
 COPYHOLD ACTS, 
 
 applications under, how made, 307 
 
 CORPORATION (SEAL OF), 
 
 when required to petitions, 4, 25, 49 
 
 COSTS, 12-14 
 
 agreement as to costs. See SOLICITORS, 
 appearance, of, 13 
 evidence, of unnecessary, 12
 
 INDEX. 375 
 
 COSTS continued. 
 
 petitions, of, are now in discretion of the court, 12 
 
 security for, 5, 185, 187 
 
 taxation of bills of costs. See SOLICITOKS. 
 
 taxation of conveyancing costs, 87 
 
 tender of, 13 
 
 two petitions, of, 14, 264 
 
 COUNSEL (SIGNATURE OF) 
 
 to petition, when necessary, 3 
 
 COUNTY DEBENTURE ACT, 304 
 
 COURSE (PETITIONS OF), 15-17, 308 
 
 CREDITORS. See ARRANGEMENT WITH CREDITORS. 
 
 CRIMINAL PROSECUTIONS. See PROSECUTION OF DIRECTORS. 
 
 CROSS PETITIONS, 36, 279 
 
 CROSS-EXAMINATION 
 
 of person making affidavit, Court may order, 11 
 
 CUSTODY OF INFANTS. See INFANTS. 
 
 DATES, 
 
 expression of, in petition, 3 
 
 DE BENE JESSE, (EXAMINATION), 
 
 petition of course for leave to examine witness, 312 
 form of petition, 369 
 
 DEBENTURES. Sec RECEIVER. 
 
 DEATH OF LUNATIC (PETITION ON). See LUNACY. 
 
 DEATH OF SOLE PETITIONER, 10 
 
 DECLARATION OF RIGHTS, 
 
 when made on petition, 7, 8, 35 
 
 DECLARATION OF TITLE ACT, 1862, 
 petition under, 301 
 
 DEED. See ACKNOWLEDGED DEED DISENTAILING DEED. 
 
 DEFAULT OF APPEARANCE, 8 
 
 service on defendant who has made default, 6 
 
 DEFENCE ACTS, 91 
 
 DELIVERY OUT OF COURT OF DOCUMENTS, 
 petition of course for, 312 
 
 DEMURRER. See WlNDlNG-UP PETITIONS. 
 
 DEPOSIT. See PARLIAMENTARY DEPOSITS LIFE ASSURANCE COMPANIES 
 LANDS CLAUSES CONSOLIDATION ACT. 
 
 DIRECTION (JUDICIAL). See ADVICE AND DIRECTION. 
 DIRECTORS. Sec PROSECUTION OF DIRECTORS.
 
 376 INDEX. 
 
 DISABILITY (PERSONS UNDER), 
 petitions by, 4 
 service on, 6 
 
 DISCHARGE, 
 
 committee of lunatic, of, 280, 284 
 
 distringas, of, 312 
 DISCLAIMER BY TRUSTEE, 
 
 evidence of, 262 
 
 DISENTAILING DEED 
 
 necessary on payment out to tenant in tail, 26, 69 
 
 DISTRINGAS (DISCHARGE OF), 
 petition of course for, 312 
 
 DIVIDENDS (PAYMENT OF), 
 form of order for, 26, 62 
 
 DOCUMENTS. See DELIVEBY OUT OF COUET. 
 
 ECCLESIASTICAL LEASES, 
 
 purchase of reversion by trustees, 151 
 sale of reversion, 151 
 
 ENFORCING RETURN OF WRIT BY SHERIFF, 314 
 ENFRANCHISEMENT. See LAND TAX REDEMPTION ACT. 
 
 ENTERING JUDGMENT NUNC PRO TUNC, 
 
 petition of course for leave to enter, 309 
 
 EQUITY TO A SETTLEMENT, 
 petition to enforce, 298 
 giving effect to, on petition under Trustee Relief Act, 35 
 
 EVIDENCE, 11, 12. See AFFIDAVITS. 
 ESTABLISH SALE (petition to). 141 
 EXAMINATION. See MAEEIED WOMEN. 
 
 EXAMINATION, DE BENE ESSE, 
 
 petition of course for leave to examine witness, 312 
 
 FELON (INFANT), 
 
 petition for custody of, 226 
 
 FILING PETITION, 11, 270, 279 
 
 FINES AND RECOVERIES ABOLITION ACT, 
 
 petition for consent of Court to disposition by tenant in tail 14 
 form of petition under, 339 
 
 FORMA PAUPERIS, 
 
 petition for leave to sue or defend in, 310, 311 ( 
 form of petition of course, 368 
 
 GRAMMAR SCHOOLS ACT, 241
 
 INDEX. 377 
 
 GUARDIAN OF INFANT OR PERSON OF UNSOUND MIND, 
 appointment of, 306 
 
 GUARDIANS AD LITEM, 
 
 appointment of, on petition of course, 6 
 form of petition, 367 
 
 HEARING OF PETITION, 7 
 
 HEARSAY EVIDENCE, 
 
 costs of affidavits setting forth, 12 
 
 HUSBAND, 
 
 when made co-petitioner with wife, 4, 20, 22 
 
 INCLOSURE ACT, 90 
 
 INFANTS CUSTODY ACT, 224 
 
 petition by mother for custody or access, 224 
 
 discretion of court, 224 
 
 when an order will be made under the Act, 224 
 
 affidavits on hearing, 225 
 
 service, 225 . 
 
 application may be made in formA pauperis, 225 
 
 or ex parte, 225 
 
 order may restrain father from applying for habeas corpus, 225 
 costs of petition, 226 
 
 agreement in separation deed as to custody, when enforced, 226 
 custody of infant felons, 226 
 form of petition, 348 
 
 INFANTS SETTLEMENTS ACT, 227 
 
 marriage settlements of infants must be sanctioned by Court, 227 
 
 sanction is obtained on petition, 227 
 
 who may petition, 227 
 
 title of petition, 227 , 
 
 evidence, 228 
 
 inquiry as to settlement, 228 
 
 proceedings in chambers, 228 
 
 Court cannot sanction post-nuptial settlement, 229 
 
 unless made by a ward, 229 
 form of settlement, 229 
 form of petition, 349 
 
 INQUIRY (LUNACY) LEAVE TO ATTEND, 274 
 
 INQUIRY (LUNACY) PETITION FOR, 269 
 affidavits in support of, 270 
 attestation of, 270 
 attorney-general may present, 269 
 
 need not be served, 271 
 
 benefit of lunatic, must be shown to be for, 270 
 carriage of inquiry, 272
 
 378 INDEX. 
 
 INQUIRY continued. 
 costs of, 272 
 
 death of petitioner before order executed, 272 
 evidence in support of, 270 
 hearing, when set down for, 271 
 husband or wife, consent of, 269 
 jury, demand for inquiry by, 271 
 next of kin, assent of, when necessary, 269 
 notice, to be endorsed on petition, .271, 356 
 pre-audience, where there are two petitions, 272 
 presented, by whom, 269 
 service of, 270 
 signature to, 270 
 strangers, by, 269 
 form of petition, 356 
 
 INVESTMENT OF CASH UNDER CONTROL OF THE COURT, 93-95 
 applications for, how made, 93 
 what investments allowed, 93 
 who may petition for conversion, 93 
 service of petition, 93 
 
 where an order will be made for conversion, 94 
 provision against receiving three dividends, 95 
 costs of petition, 95 
 request for investment necessary, notwithstanding order, 95 
 
 INVESTMENT ON REAL SECURITIES IN IRELAND ACT, 303 
 form of petition under, 367 
 
 JOINT-STOCK COMPANIES ARRANGEMENT ACT, 1870 ; 198 
 company being wound up may arrange with its creditors, 198 
 arrangement must be sanctioned by Court, 198 
 majority of creditors must consent, 198 
 what is a majority, 198 
 debenture holders are creditors, 198 
 arrangement must be bond fide, 199 
 
 not prejudice preferential creditors, 199 
 petition for sanction, when presented, 199 
 
 title of petition, 200 
 costs, 200 
 form of petition, 345 
 
 JUDGMENT DEBTORS ACT, 148-150 
 " actual delivery," what is, 148 
 equitable execution, 148, 149 
 petition for sale of debtor's interest, when necessary, 148, 149 
 
 costs of, 150 
 
 service of, 149 
 
 surplus lands of railway may be sold, 149 
 form of petition, 340
 
 INDEX. 379 
 
 JUDICATURE ACTS, 
 
 effect of, on petitions, 1 
 
 JUDICIAL OPINION. See ADVICE AND DIBECTION OF COURT. 
 
 JURISDICTION, 
 
 petitioner out of, 5, 185 
 service out of, 6, 41 
 
 LAND TAX REDEMPTION ACTS, 143 
 enfranchisement of copyholds, 143 
 sale or mortgage, 143 
 timber, leave to cut, 143 
 form of petition under, 338 
 
 LANDS CLAUSES CONSOLIDATION ACT, 57-90, 
 affidavit of title and of no other claim, 59 
 
 form of affidavit, 325 
 application under, how made, 57 
 
 when made by summons, 57, 78 
 branch of Court, 58 
 buildings, investment in, 65 
 Charity Commissioners, concurrence of, 68 
 conversion, 61, 76 
 costs of proceedings under, 77 
 
 administration, of taking out. 87 
 
 adverse litigation, of, 85 
 
 affidavits, of, 79, 84 
 
 appearance, of, 83 
 
 apportionment of, between several companies, 
 
 apportionment of ground rent, of, 88 
 
 arbitration, of, 72 
 
 Attorney-General, of appearance of, 85 
 
 broker's commission, 79 
 
 buildings, of investment in, 81 
 
 carrying over or transfer, of, 82 
 
 conveyance, of, 77, 87 
 
 copyholds, of enfranchisement of, 81 
 
 death of vendor, occasioned by, 81, 86, 87 
 
 discretion of Court, as to, 78 
 
 disentailing deed, of, 83 
 
 Ecclesiastical Commissioners, of appearance of, 85 
 
 enrolment of conveyance, of, 81 
 
 entry on land before conveyance, in case of, 90 
 
 fine on admission to copyholds, 81 
 
 incumbrance, of discharging, 80 
 
 incumbrancers, of appearance of, 80, 84 
 
 infant heir of vendor, 81 
 
 insolvency of company, in case of, 86 
 
 interim investment, of, 79 
 
 investigation and verification of title, of, 87
 
 380 INDEX. 
 
 LANDS CLAUSES CONSOLIDATION ACT continued. 
 costs of investment in land, 80, 81 
 
 larger sum than paid in, 82 
 funds paid in by several companies, 86 
 land tax, of redemption of, 80 
 lunatic, occasioned by land belonging to, 83 
 mortgage, of redemption of, 80 
 mortgagees, of, 84 
 orders, of obtaining, 77 
 outstanding estate, of getting in, 87 
 payment out, of, 82 
 persons served, of, 83 
 
 power of attorney to receive dividends, of, 79 
 purchase of land the subject of a suit, 81 
 Queen Anne's Bounty, of Governors of, 85 
 reference to conveyancing counsel, of, 81 
 refusal to convey, in case of, 79 
 re-investment, of, 80 
 
 unsuccessful attempts, 82 
 
 " upon execution of conveyance," order for payment of, 82 
 remaindermen, of, on petition under 74th sect., 84 
 
 under 69th sect,, 80, 83, 84 , 
 resettlement of, 80 
 sales of stock, of periodical, 79 
 several and successive investments, 79, 81 
 several petitions, of, 79, 80, 85 
 share, of payment out of, 82 
 special Acts, under, 87 
 taxation of conveyancing costs, 87 
 
 form of petition for, 326 
 tender of 42s. for, 84 
 title, of deduction and verification of, 87 
 trustees of, 83, 59 
 
 unnecessary service or appearance, 84 
 unsuccessful attempt to invest, 82 
 vendor of, 81 
 
 wilful neglect or refusal to convey, 79 
 deposit on entry before purchase under ss. 85-87, 88 
 bond for securing purchase money, 88 
 costs, 90 
 
 interest must be paid by company, 89 
 petition for payment out, 89 
 evidence on, 89 
 service of, 89 
 
 disentailing deed, when necessary, 69 
 improvements and repairs, investment in, 65-67 
 incumbrance, discharge of, 63 
 inquiry as to title, 60 
 inquiry as to investment, 61
 
 INDEX. 381 
 
 LANDS CLAUSES CONSOLIDATION AGT-contimied. 
 interim investment, application for, how made, 61 
 
 " cash under the control of the Court," investment as, 62 
 mortgage, on, 61 
 payment of dividends, 62 
 service of petition for, 61 
 who may petition for, 58 
 land tax, redemption of, 63 
 
 leaseholds, application of moneys arising from, 72 
 moneys paid in under s. 76, application of, 75 
 payment out, under s. 69, 67 
 corporations, to, 4 
 charities, to, 68 
 
 commonable rights, to persons having, 68 
 dowress, to, 68 
 lunatic, 70 
 married woman, 69 
 part of fund, 68 
 
 person entitled by adverse possession, 68 
 tenant for life of manor, 68 
 tenant in tail, 69 
 trustees, to, 68 
 
 payment out of money deposited on entry before purchase, 89 
 petitions under, 
 
 parties, evidence, title, and service of, 57-60 
 possession, party in, deemed owner, 76 
 re-investment in land and buildings, 
 
 burial ground, money arising from, 67 
 copyholds, in, 64 
 equity of redemption, not in, 65 
 ground rents, in, 65 
 improvements and repairs, in, 65 
 inquiry as to investment, 60 
 land out of jurisdiction, 65 
 leaseholds, in, 64 
 lunatic's property, of, 65 
 part of fund, of, 64 
 repairs and improvements, 65-67 
 though petitioner absolutely entitled, 64 
 with other funds, 64 
 
 repairs and improvements, investment in, 65 67 
 reversions, application of moneys arising from leases and, 72 
 service of petitions under, 58, 89 
 small sums, application of, 70 
 summons, applications under, when made by, 57, 78 
 taxation of conveyancing costs, 87 
 
 form of petition of course for, 326 
 tenant for life, 
 
 compensation to, for injury, 71
 
 382 INDEX. 
 
 LANDS CLAUSES CONSOLIDATION ACT continued. 
 tenant for life, payment of dividends to, 62 
 title of petition, 57 
 undertaking to build, 67 
 forms of petitions under, 322, 326 
 
 LAW OF PROPERTY AND TRUSTEES RELIEF AMENDMENT ACT- 
 See ADVICE AND DIRECTION SALE (PETITION TO ESTABLISH). 
 
 LEASE BY INFANT. See PEOPEETY LAW AMENDMENT ACT. 
 
 LEASE (SURRENDER AND RENEWAL OF). See PEOPEETY LAW AMEND- 
 MENT ACT. 
 
 LEASES AND SALES OF SETTLED ESTATES. See SETTLED ESTATES 
 ACT. 
 
 LEAVE TO ATTEND INQUIRY. See INQUIEY. 
 
 LEAVE TO ATTEND PROCEEDINGS. See ATTENDING PROCEEDINGS. 
 
 LEAVE TO MARRY. See MAEEIAGE OF WAEDS. 
 
 LEAVE TO TRAVERSE. See TEAVEBSE. 
 
 LEGACY DUTY, 
 
 how provided for, on payment out, 31 
 
 LEGACY DUTY ACT, 
 petitions under, 45 
 form of petition under, 319 
 
 LIFE ASSURANCE COMPANIES, 207 
 
 deposit to be made by, before incorporation, 208 
 
 petition for investment and payment out of, 208 
 petition to confirm amalgamation or transfer, 207 
 
 advertisement of, 207 
 
 notice of, to policy-holders, 207 
 
 inspection of deed, 208 
 
 cannot be sanctioned if one-tenth of policy-holders dissent, 208 
 
 deposit of documents with Board of Trade, 208 
 
 form of petition, 346 
 winding up of, 164 
 
 for non-compliance with Act, 165, n. 
 
 of subsidiary company, 165, n. 
 
 test of insolvency under Act, 165 
 
 LIS PENDENS (SATISFACTION OF), 
 petition of course to enter, 310 
 
 LORD ST. LEONARDS' ACT, 1859. See ADVICE AND DIEECTION. 
 petition to establish sale under, 141 
 
 LORD ST. LEONARDS' ACT, 1860. See INVESTMENT OF CASH 
 
 THE CONTROL OF THE COURT.
 
 INDEX. 383 
 
 LUNACY. See INQUIRY SUPERSEDEAS TRAVERSE. 
 confirmation of master's report, 278 280 
 costs of petition for, 280 
 discharge of committee, petition for, 280 
 filed, petition must be, 279 
 fund in Court, where there is, 280 
 order on petition for, 279 
 petition for, when necessary, 278 
 presentation of petition, 279 
 service of petition, 279 
 form of petition, 359 
 death of lunatic, petition on, 285 
 
 administration of estate, not in lunacy, 285 
 discharge of security, 286 
 payment out to personal representatives, 285 
 petition when necessary, 285 
 
 evidence on, 286 
 
 service of, 286 
 
 title and contents of, 285 
 form of petition, 360 
 person acquitted on ground of insanity, 288 
 
 application of his property, 288 
 
 small properties of persons of unsound mind not so found, 287 
 may be dealt with in lunacy, without inquisition, 287 
 petition for application of, 288 
 
 evidence on, 289 
 
 hearing of, 289 
 
 service of, 288 
 form of petition, 361 
 
 MAINTENANCE, 
 infant, 306 
 
 pauper lunatic, 29, 37 
 person of unsound mind, 25, 287, 306 
 
 MARKSMAN, affidavit by, 11, n. 
 
 MARRIAGE ACT, 
 
 petition under, for sanction of Court, 235 
 form of petition, 351 
 
 MARRIAGE OF WARDS OF COURT, 
 
 ward cannot marry without leave of the Court, 230 
 contempt, marriage without consent is a, 233 
 
 discharge from, petition for, 233 
 
 inquiry as to validity of marriage, petition for, 233 
 leave to marry, 230 
 
 application for, how made, 230 
 
 chief clerk's certificate as to marriage, 232 
 
 evidence on petition, 231
 
 384 INDEX. 
 
 MARRIAGE OF WARDS OF COURT continued. 
 
 payment out on marriage and execution of settlement, 232 
 proceedings in chambers, 231 
 settlement, how prepared, 231 
 title and contents of petition, 231 
 who may petition, 230 
 form, of petition, 350 
 
 restraining marriage or intercourse with ward, 232 
 petition for, 233 
 
 MARRIED WOMEN, 
 
 acknowledged deed by, when required, 23 
 consent of, to payment to husband, 23 
 co-petitioner with husband, when, 4, 22 
 deserted by husband, payment out to, 23 
 examination of, 22, 131 
 
 when dispensed with, 22, 132 
 lease, surrender and renewal of, by, 136 
 next friend, should petition by, 4 
 past child-bearing, 23 
 payment out to, 22 
 
 to women marrying after date of the order, 24 
 
 MARRIED WOMEN'S PROPERTY ACT, 1870, 
 
 policy moneys, appointment of trustee to receive, 296 
 
 form of petition, 366 
 transfer into name of married woman, 297 
 
 MERCHANT SHIPPING ACT, 306 
 
 METROPOLITAN STOCK (investment in), -62 
 
 MINERALS. See CONFIRMATION OF SALES ACT SETTLED ESTATES ACT. 
 
 MORTGAGE DEBENTURE ACT, 304 
 
 MOTION AND PETITION (distinction between), 2 1 
 
 MUNICIPAL CORPORATIONS ACT, 241 
 
 NATIONAL DEBT ACT, 54-56 
 application for transfer, 54 
 rescind order for transfer, petition to, 55 
 petition by second claimant, 55 
 inquiry as to title, when directed, 55 
 legal owner must be petitioner, 55 
 accumulations, petitioner not entitled to, 55 
 amount of stock unknown, how ascertained, 56 
 transfer to credit of a cause, 56 
 costs, 56 
 
 unclaimed annuities, Act applies to, 56 
 service, 54 
 form of petition under, 321
 
 INDEX. 385 
 
 NEXT FRIEND, 
 
 petition, when presented by, 4 
 
 'NUNC PRO TUNG (ENTERING JUDGMENT), 
 petition for leave to enter, 309 
 
 OPINION OF COURT. See ADVICE AND DIRECTION OF COURT. 
 
 ORDER, 
 
 bespeaking, documents to be left on, 11, 279 
 how drawn up and entered, 1 1 , 279 
 recital of, in petition, 3 
 
 ORDERS OF COURSE, 
 how obtained, 15 
 discharge of, 1(1 
 amendment of, 17 
 service of, 17 
 
 PARLIAMENT (ACTS OF). See TABLE OF STATUTES. 
 
 PARLIAMENTARY DEPOSITS, 
 payment in. 47 
 investment, 47, 50 
 payment out, 48 
 
 who may petition for, 48 
 
 evidence on petition for, 49, 50 
 
 petition for, is vacation business, 53 
 Railway Companies Act, 1867, 50 
 Railways Construction Act, 49 
 Tramways Act, 1870, 52 
 compensation to landowners, 53 
 
 inquiry and advertisements, 53 
 form of petition for payment mtt, 320 
 
 PARTIES TO PETITIONS, 4, 5 
 
 PAUPER, 
 
 petition by, 4 
 leave to sue as, 310 
 
 PAUPER LUNATIC, 
 
 payment out of fund belonging to, 29, 37 
 
 PAYMENT OUT GENERALLY, 
 
 abroad, infant or married woman, fund belonging to, 25 
 absolutely entitled, retaining part of fund where person is, 20 
 administrator, ad litem, not ordered tc, 28 
 application for, how made, 18 
 
 where assignment of fund is disputed, 20 
 apportioned dividends on death of tenant for life, 27 
 assignee of fund, to, 20 
 attorney, power of, to holder of, 28 
 chambers, application for, when made hi, 18 
 
 c
 
 386 INDEX. 
 
 PAYMENT OUT GENERALLY continued. 
 charity trustees, to, 26, 68 
 child bearing, to women past, 23 
 class, where petitioner is one of a, 20 
 corporation, of fund belonging to, 25 
 costs of petition for, 33 
 crown, of fund belonging to, 28 
 deaf, dumb, and blind person, to, 25 
 death, on presumption of, after seven years, 31 
 evidence on application for, 29 
 
 foreign probate, not to personal representatives of, 28 
 husband, petition for, by wife should be served on, 20, 22 
 infant domiciled abroad, of fund belonging to, 25 
 infant, to father of small fund belonging to, 28 
 legacy duty, payment of, on, 31 
 married woman to, 20, 22, 24 
 
 deserted by, or separated from husband, 23 
 
 as personal representative, 24 
 order for, documents to be left on bespeaking, 29 
 partners, to, 27 
 
 pauper lunatics, of fund belonging to, 29 
 periodical payments, orders for, 73 
 personal representatives, to, 27 
 petition for, title and contents of, 18 
 presumption of death, on, 31 
 prospective orders for, 21 
 
 purchase-money, of, consent of purchaser, when necessary, 30 
 . separate account, of fund standing to, 19, 20 
 separate use, of fund settled to, 22 
 service of petition for, 19 
 small sums, of, 28 
 sole trustee, to, 26 
 succession duty, payment of, on, 31 
 successive tenants for life, to, 26 
 summons, application for, when by, 18 
 tenant in tail, to, 26 
 transfer of fund to another cause, 21 
 trustees, to, 26 
 
 two funds, of, on one petition, 21 
 undertaking to apply, on, 25, 28 
 unsound mind, person of, to next friend, 25 
 form of petition for, 315 
 
 PEXDENTE LITE (ALLOWANCE OF INCOME), 
 application for, how made, 18 
 
 PETITIONER, 
 
 who may be, 4 
 death of sole, 10
 
 INDEX. 387 
 
 PETITIONS OF COURSE, 
 
 general practice with regard to 3 15 
 what orders may be obtained on, 308 
 
 PETITIONS OF RIGHT ACT, 290 
 appearance and pleading, 291 
 applicable, to what cases, 290 
 costs on, 292 
 
 fiat of Her Majesty, how obtained, 291 
 filing of petition, 291 
 
 interrogatories, who may be served with, 292 
 new procedure applicable to, 292 
 old practice may be followed, 292 
 pauper, by, 292 
 service of, 291 
 form of petition, 364 
 
 PLEADING, 
 
 petition is a, within the meaning of the Judicature Acts, 1 
 
 POLICY MONEYS. See MARRIED WOMEN'S PROPERTY ACT. 
 
 POWERS OF ATTORNEY, 
 
 payment out to holder of, 25, 28 
 
 PRESENTATION OF PETITION, 
 how presented in Chancery, 4 ' 
 Lunacy, 279 
 who may present, 4 
 
 PRESUMPTION, 
 
 of death after seven years, 31 
 
 that woman is past child bearing, 23 
 
 PRINTED, petition need not be, 3 
 PRIORITY OF PETITIONS, 171 
 
 PRIVATE ACT, 
 
 title of petition presented under, 2 
 
 PROPERTY LAW AMENDMENT ACT, 136 
 lease by infant, 137 
 maintenance, petition for, under, 139 
 surrender and renewal of lease, 
 
 where lessor is an infant or married woman, 136 
 
 where lessor is out of jurisdiction, 138 
 form of petition under, 336 
 
 PROSECUTION OF DIRECTORS, &C. 
 petition for leave to prosecute, 188 
 
 PROSPECTIVE ORDERS, 
 for payment out, 21 
 
 PROTECTOR OF SETTLEMENT. Sec FINES AND RECOVERIES ABOLITION 
 ACT. 
 
 c c 2
 
 388 INDEX. 
 
 EAILWAY COMPANIES ACT, 1867, 201 
 
 receiver and manager, appointment of, under, 305 
 scheme of arrangement under, 201 
 assents required to, 201 
 
 when not required, 202 
 must be sanctioned by court, 201 
 application for sanction how and when made, 201 
 who may petition, 202 
 advertisement of petition, 203 
 who may be heard, 203 
 order, when made, 204 
 who are bound by scheme, 204 
 inrolment of order, 205 
 advertisement of order, 205 
 rehearing, 205 
 
 advertisement of confirmation of scheme, 206 
 form of petition, 345 
 
 RAILWAYS CONSTRUCTION ACT, 1849 
 
 RECEIVER (PETITION FOR APPOINTMENT OF), 
 under County Debentures Act, 304 
 Mortgage Debenture Act, 304 
 Railway Companies Act, 305 
 
 RECTIFICATION OF SETTLEMENT ON PETITION, 35 
 
 REDUCTION OF CAPITAL, 189 
 
 special resolution for, 
 
 when it must be confirmed by the court, 189 
 
 how confirmation obtained, 199 
 company must add "and reduced" to its name, 189, 197 
 
 when the addition may be dispensed with, 199 
 petition for order to confirm, 
 
 title of, 190 
 
 form of, 343 
 
 placing in list, 190, 195 
 
 advertisement of presentation, 190 
 
 hearing, 195 
 
 summons for directions as to settling list of creditors, 190 
 affidavit verifying list, 191 
 who entitled to be entered on list, 191 
 inspection of list, 192 
 notice of list to creditors, 192 
 advertisement of list, 192 
 affidavit of result of notices, 193 
 notice to creditors to come in and prove, 193 
 costs of proof, 193 
 
 Court may dispense with consent on giving security, 193 
 chief clerk's certificate as to list of creditors, 194 
 what creditors may appear at the hearing, 195 
 ' costs of appearance, 196
 
 INDEX. 389 
 
 REDUCTION OF CAPITAL continued. 
 hearing of petition, 196 
 order on petition, 196 
 minute showing reduction, 197 
 order and minute must be registered, 197 
 who are entitled to object to reduction, 191 
 
 REHEARING (petition for), 15, 187 
 
 RENEWAL OF LEASE. See PEOPEBTY LAW AMENDMENT ACT. 
 
 RESTORING PETITION TO PAPER, 9, 115 
 
 RIGHT (PETITION OF). See PETITIONS OP RIGHT ACT. 
 
 ROMILLY'S (SIR SAMUEL) ACT, 236-242 
 appeal from order under, 241 
 applicable, to what cases, 237 
 application under, how made, 238 
 attorney -general, sanction of, 239 
 
 petition by, 238 
 
 certificate of counsel and solicitor as to petition, 239 
 Charity Commissioners, sanction of, 238 
 costs under, 241 
 petition must be signed and certified, 239 
 
 who may present, 238 
 procedure under, not abolished, 236 
 proceedings in chambers, 240 
 sanction of Charity Commissioners, 238 
 
 Attorney-General, 239 
 scheme, settling, 240 
 scope of the Act, 236 
 service of petition, 239 
 who may petition, 238 
 form of petition, 352 
 
 SALE, 
 
 judgment creditor, at instance of, 148 
 
 land and minerals separately, of, 108, 140 
 
 land tax, for redemption of, 143 
 
 petition to establish, where timber money has been misapplied, 141 
 
 settled estates and timber, of, 106 
 
 SATISFACTION OF LIS PENDEN8, 
 
 petition for entry of, 310 
 
 SCHEME OF ARRANGEMENT. See RAILWAY COMPANIES ACT JOINT 
 STOCK COMPANIES ABBANGEMENT ACT. 
 
 SEAL OF CORPORATION OR COMPANY, 
 when required to petition, 4, 25, 49 
 
 SECOND PETITION. See Two PETITIONS. 
 SECURITY FOR COSTS. Sec CosTr.
 
 390 INDEX. 
 
 SERVICE GENERALLY, 
 how effected, 5 
 on defendant who has not appeared, 6 
 
 lunatic, 7 
 
 person of unsound mind, 6, 119 
 
 person out of jurisdiction, 6 
 substituted service, 5 
 time for service, 5 
 
 SETTING DOWN PETITION FOR HEARING, 7, 114 
 
 SETTLED ESTATES ACT, 1877 ; 96-135 
 advertisement of petition, 120 
 
 when necessary, 121 
 
 title of, 121 
 
 practice as to, 122 
 
 leave to appear after, 122 
 affidavit of no settlement when necessary, 125 
 agricultural leases, 99 
 
 application of moneys arising from sales or leases, 123 
 applications under, how made, 96 
 bankrupts, 129 
 "best rent," meaning of, 100 
 building leases, 99 
 conditions, 101, 102 
 
 of re-entry in lease, 101 
 
 special, may be inserted, 102 
 
 that lease be settled in chambers, 105 
 
 motion to strike out, 106 
 consents to application, what necessary, 116 
 
 dispensed with, when, 117 
 
 infants, lunatics, and bankrupts, of, 117, 129 
 
 married women, of, 117, 131 
 
 notice to non-consenting parties, 118 
 
 refusal to consent, 116 
 
 trustees and beneficiaries, of, 117 
 
 unascertained persons, of, 116 
 conversion, 125 
 conveyance, 
 
 execution of, 110 
 
 settling in chambers, 108 
 copyholds, lease of, 102 
 
 sale of, 107 
 costs, 128 
 
 counterpart of lease, 101 
 courts, what, have jurisdiction, 9G 
 covenants and conditions in lease, 101 
 customary leases, 99 
 dedication of roads, &c., 109 
 dispensing with consent, 117; with notice, 1 19
 
 INDEX. 391 
 
 SETTLED ESTATES ACT continued. 
 easement, lease of, 99 
 enfranchisement of copyholds. 107 
 entail created by Act of Parliament, 134 
 evidence, 103, 115 
 examination of married women, 131 
 
 by whom taken, 132 
 
 when taken, 132 
 
 when dispensed with, 132 
 
 form* relating to, 332-334 
 exchanges, 107, n. 
 fee farm rent, 99 
 fees and allowances, 129 
 
 general powers, when authorised, 103, 104, 107 
 guardian, appointment of, 130, 131 
 
 forms of summons, 331 
 hearing of petition, 114 
 indorsement of power on settlement, 122 
 investment of moneys, 123, 124 
 
 interim investment, 125 
 
 irregularity, proceedings not invalidated by, 128 
 leases, what may be authorised, 99 
 
 at what rent, 100 ; for what term, 99 
 
 conditional contract for, 102 
 
 evidence, on application for, 103 
 
 execution of lease, 103 
 
 form and contents of, 101 
 
 general power to grant, 103, 104 
 
 settled in chambers, when, 105 
 
 surrender and renewal of, 102 
 
 timber, must not authorise felling of, 101 
 
 form of petition for, 328 
 leave to be heard, 122 
 lunatic, petition by committee of, 113 
 
 consent of, how given, 129 
 
 where tenant in tail, 130 
 mansion house, lease of, 1 00 
 marriage of party, amendment of petition, 113 
 married women, petition by, 113, 131 
 
 consent of, to application, 117, 131 
 minerals may be cxcepted or sold separately, 108 
 mining lease, 99, 101 
 
 moneys arising from sales or leases, application of, 123 
 new trustee appointed, when, 111 
 notice and notifications, 118-122 
 
 dispensing with notice, 119 
 
 notice to be indorsed on settlement, 122 
 occupation lease, 99 
 order, form of, 134
 
 392 INDEX. 
 
 SETTLED ESTATES ACT continued. 
 
 order, made subject to rights of non-consenting parties, 120 
 
 court may dispense with Orders, 135 
 Palatine Court, jurisdiction of, 96, n. 
 Parliament, application to, a bar to application, 127 
 
 evidence as to, 127 
 parties to petition, 116 
 payment out, 124 
 peppercorn rent, 100 
 
 perusal of petition, 119. 122 
 petition, who may present, 111 
 
 title and contents of, 114 
 
 hearing, standing over, and evidence, 114, 115 
 
 form of, 327 
 powers of the Act, when exercisable, 126 
 
 general powers to sell or lease may be given, 103, 104, 107 
 
 extending the power in the settlement, 127 
 
 when once vested may be transferred on petition, 105 
 proceedings for protection, 111 
 reference to chambers, when necessary, 108 
 renewal of lease, 102 
 rent, what must be reserved, 100, 101 
 repairing lease, 99 
 restoring petition to paper, 115 
 reversion, lease in, cannot be authorised, 99 
 
 application of moneys arising from, 126 
 roads, streets, fcc., laying out, 109 
 
 how expense of, to be paid, 109 
 sales of settled estates or timber, when authorised, 106 
 
 consideration for sale, may be a rent charge, 108 
 
 conveyance, execution of, 110 ; when settled in chambers, 109 
 
 general powers of, whether authorised, 107 
 
 how made, 180; out of court, 180 
 
 minerals and surface may be sold separately, 108 
 
 order for, may include other lands, 107 
 
 reference to chambers, 108 
 
 form of petition for, 327 
 service of notice, 116 122 
 
 address for service, 114 
 
 directions for service on person of unsound mind, 11 
 
 of petition dealing with purchase-money, 124 
 
 evidence of, on trustees, 115 
 setting down petition for hearing, 114 
 " settled estate," what is a, 97 
 " settlement," what is a, 96 
 
 settling lease or conveyance in chambers, 10;", 108 
 standing over generally, 115 
 " succession," what is a. 97 
 surrender of lease, 102
 
 INDEX. 393 
 
 SETTLED ESTATES ACT continued. 
 
 tenant for life deemed entitled notwithstanding incumbrances, 112 
 
 assignee of, may petition, 111 
 timber, sale of, may be authorised, 106 
 
 felling of may not be authorised in lease, 101 
 time for proceedings under, 135 
 title of petition, 114 
 trustees do not represent their beneficiaries, 117 
 
 service on, 117, 120 
 
 payment out of purchase-money to, 125 
 unsound mind, person of, cannot consent, 113 
 
 service on, directions for, 119 
 
 waste, lease may be authorised, though involving, 99 
 water-leaves or water-mills, leases of, 99 
 way-leaves, lease of, 99 
 
 grant of, may be included in sale or lease of minerals, 101, 108 
 forms of petitions, summons, <$'c., under the Act, 327-335 
 
 SETTLEMENT (EQUITY TO). See EQUITY TO SETTLEMENT. \ 
 SETTLEMENTS (MARRIAGE). See INFANTS' SETTLEMENTS ACT. 
 
 SHERIFF (RETURN OF WRIT BY), 
 petition of course to enforce, 314 
 
 SHIP (SALE OF). See MERCHANT SHIPPING ACT. 
 
 SIGNATURE OF COUNSEL, 
 
 when required to petitions, 3 
 
 SMALL PROPERTIES OF PERSONS OF UNSOUND MIND. See LUNACY. 
 
 SOLICITORS, 
 
 agreements by, as to costs, 217 
 
 petition for opinion of Court as to, 217 
 
 enforcing or setting aside, 217, 219 
 
 re-opening, 218 
 
 with guardians, trustees, or committees, 219 
 
 application on death or incapacity of solicitor, 219 
 change of solicitor, 220 
 
 must be signed by client, 217 
 change of, 221 
 
 when an order is necessary, 221, 222 
 
 may be obtained on petition of course, 221, 223 
 
 service of order, 222 
 
 order should not provide for first solicitor's costs, 222 
 
 when order may be discharged, 222, 223 
 
 effect of, on agreement as to costs, 220 
 
 form of petition, 348 
 charging order for costs, 209 
 
 solicitor entitled to, o'n property recovered or preserved, 209 
 
 by what Court or judge order should be made, 210 
 
 when property is " recovered or preserved," 211
 
 INDEX. 
 
 SOLICITORS continued. 
 
 charging order for costs continued. 
 
 extends to property of all kinds, 211 
 
 not defeated by voluntary conveyance, 209 
 
 not made when claim barred by Statute of Limitations, 209 
 
 application for, how made, 210 
 
 where order already made for payment out of a particular fund, 
 212 
 
 on lunatic's property, 212 
 
 who is entitled to a charge, 210 
 
 charge not affected by assignment of fund, 212 
 
 service of petition, 210 
 
 what property is chargeable, 210 
 
 form of petition for, 347 
 taxation of costs, 213 
 
 order for, when obtained on petition of course, 213 
 
 a special application is necessary, 213 
 
 who may petition, 214 
 
 title of petition, 214 
 
 service of order, 215 
 
 form of order, 215 
 
 costs of unnecessary special application, 216 
 
 order, when discharged, 216 
 
 form of petition of course, 346 
 
 STANDING OVEE (PETITIONS), 9, 115 
 
 STATUTES. See TABLE OF STATUTES. 
 
 STOCK (VESTING ORDER OF). See TBUSTEE ACTS. 
 
 STOP ORDER, 
 
 application for, now made by summons, 295 
 SUBSTITUTED SERVICE, 5 
 SUCCESSION DUTY, 31 
 
 how provided for, on payment out, 31 
 SUPERSEDEAS, 281 
 
 conditional, may be. 284 
 
 discharge of committee's security on, 283 
 
 evidence on petition for, 282 
 
 examination of lunatic, 283 
 
 grounds for, 281 
 
 petition for, who may present, 282 
 
 service of petition, 282 
 
 suspending commission, 283 
 
 form of petition for, 359 
 
 SURRENDER OF LEASE. See PROPERTY LAW AMENDMENT ACT. 
 
 TAXATION OF COSTS. See SOLICITORS. 
 
 TENANT IN TAIL (DISPOSITION BY). See FINES AND RECOVERIES 
 ABOLITION ACT.
 
 INDEX. 395 
 
 TENDER OF COSTS, 13, 84 
 
 TIMBER, 
 
 leave to cut, under Land Tax Redemption Act, 143 
 
 sale of, under Settled Estates Act, 107 
 
 where timber money has been misapplied, establishing sale, 141 
 
 TITLES OF PETITIONS, 2 
 
 TRANSFER OF FUND, 
 
 from one cause to another, 21 
 
 to Chancery Division in Ireland, 21 
 
 to Palatine Court of Lancaster, 21 
 
 TRANSFER OF PETITION, 11, 58, 182 
 
 TRANSLATOR OF DEPOSITIONS, 
 
 petition of course for the appointment of. 313 
 
 TRAVERSE (LEAVE TO), 275 
 
 alienee of lunatic, application for, by, 275 
 
 aggrieved, by any person, 275 
 
 barred, right to traverse when, 276 
 
 costs of, 277 
 
 death of lunatic, not after, 276 
 
 entitled to, who, 275 
 
 misconduct, right may be lost by, 275 
 
 not oftener than once, 277 
 
 order must be filed, 276 
 
 right, is matter of, 275 
 
 security for trial, 276 
 
 time for presenting petition, 276 
 
 form of petitwnfor, 358 
 
 TRUSTEE ACTS, 1850, 1852, 
 abroad, trustee, 244, 253 
 
 action to declare petitioner's right may be directed, 262 
 alien's will, appointing new trustees of, 254 
 applications under, how made, 256 
 appointing person to convey or transfer, 250 
 appointment of new trustees, 251 
 
 when appointed by the Chancery Division, 251, 255 
 in Lunacy, 252 
 
 what number will be appointed, 255 
 
 who may be appointed, 255 
 bankrupt trustee, removal of, 252 
 beneficially interested, who is a person, 258 
 cause, application in a, may be made without petition, 256 
 chambers, applications under, when made at, 256 
 charities, appointing new trustees of, 254 
 chose in action, vesting order of, 248 
 
 when made in Lunacy, 248 
 in Chancery, 249
 
 396 INDEX. 
 
 TRUSTEE ACTS, 1850, 1852 continued. 
 co-heirs of mortgagee, 244, n. 
 colonies, Acts extend to, 248 
 companies to transfer stock, order directing, 251 
 contingent interest, person having, may petition, 258 
 contingent rights of unborn persons, 245 
 continuing trustees, appointment of, 256 
 continuing and new trustees, vesting property in, 246 
 copyholds, vesting order of, 247 
 
 consent of lord, 247 
 
 appointing person to surrender, 251 
 costs of proceedings under the Act, 262 
 
 apportionment of, between two trust funds, 264 
 
 charged on estate, may be, 263 
 
 corpus or income, whether paid out of, 263 
 
 irrelevant charges, costs occasioned by, 263 
 
 lunacy, in cases of, 263 
 
 respondent, when ordered to pay, 263 
 
 two petitions, of, 264 
 
 vendor, costs of vesting order, when payable by, 263 
 creditor, plaintiff in administration suit, may petition, 258 
 creditors' deed, appointing new trustees of, 252 
 death of trustee, uncertainty as to, 244, 249 
 deceased person, stock standing in name of, 249 
 devisee of trustee unknown, 244 
 disclaimer by trustee, evidence of, 262 
 donee of power, incapacitated, 252 
 evidence, 261 
 
 on application for appointment of new trustees, 261 
 vesting order, 261 
 
 disclaimer, of, 262 
 
 execution of will, of, 262 
 felony, trustee convicted of, 254 
 found, where trustee cannot be, 244, 249 
 hearing of petition, 262 
 heir, trustee dying without, vesting order, 244 
 
 of mortgagee is a trustee within, 246 
 
 of vendor is a trustee within, 246 
 
 of trustee unknown, 244 
 
 husband of a female trustee, is a trustee, 248, n. 
 infant trustee or mortgagee, 244, 249 
 Ireland, vesting lands in, 248 
 jurisdiction, trustee out of, 244, 249 
 Land Transfer Act, 260 
 " lands," meaning of, 246 
 lunacy, application when made in, 257 
 lunacy, commission of, may be directed, 262 
 lunatic, infant trustee, 244 
 
 trustee or mortgagee, 243
 
 INDEX. 397 
 
 TRUSTEE ACTS, 1850, 1852 continued. 
 mortgagee, 246 
 
 neglect or refusal of personal representative to transfer, &c., 249 
 of trustee to convey, 245 
 to transfer, 249 
 
 new trustees, appointment of, 251 
 number of trustees, appointed, 255 
 petitions under, 256 
 
 to which court presented, 257 
 by whom presented, 258 
 evidence on, 261 
 service of, 259 
 title of, 257 
 purchaser under decree, may petition, 258 
 
 costs, when payable by, 263 
 refusal to convey, 245 
 
 transfer stock, receive dividends, or sue, 249 
 removal of trustee, 252 
 sale by court, vesting order after, 245 
 service of petition, 259 
 suit may be directed, 262 
 survivorship, uncertainty as to, 244 
 title of petition, 257 
 
 unborn persons, contingent rights in, 245 
 vendor, when a trustee, 246 
 vesting orders of land, 243 
 
 when made by the Chancery Division, 243 
 
 in Lunacy, 243 
 
 what property may be vested, 247 
 copyholds and leaseholds, 247 
 easements, 247 
 powers, 247 
 property in the colonies, 248 J 
 
 in Ireland, 248 
 rent charges, 247 
 
 vesting orders of stock and choses in action, 248 
 when made by the Chancery Division, 249 
 
 in Lunacy, 248 
 
 form of order vesting stock, &c., 250 
 what property may be vested under, 247, 248 
 who may be appointed new trustees, 255 
 who may present petition, 258 
 form, of petition under, 353 
 
 TRUSTEE RELIEF ACT, 34 
 payment in, under, 34 
 
 petition, when necessary, 34 
 
 costs of, 41 
 payment out, under, 35
 
 398 INDEX. 
 
 TRUSTEE RELIEF ^Gf continued. 
 payment out, under continued. 
 appeal from order for, 44 
 costs, 41-43 
 
 declarations, Court may make, on petition, 35 
 decide questions of construction, Court may, 35 
 direct inquiries, Court may, 35 
 evidence, 38 
 
 jurisdiction of Court on petition for, 35 
 service of petition, 38-41 
 title and contents of petition, 38 
 who may petition for, 37 
 form of petition for, 317 
 
 TWO PETITIONS, 
 
 costs of, 14, 181 
 pre-audience, 7, 171, 272 
 
 UNCLAIMED STOCK. See NATIONAL DEBT ACT. 
 
 UNDERTAKING, 
 
 to build, 67 
 
 to apply fund, 28 
 
 to support. 25 
 
 UNSOUND MIND (PERSON OF), 
 petition by, 4 
 payment out, to, 25 
 service on, 6, 119 
 small properties of. application of, 287 
 
 VACATION BUSINESS, 
 
 payment out of parliamentary deposit is, 53 
 
 VESTING ORDER. See TBUSTEE ACTS. 
 
 WARD OF COURT. See MARRIAGE. 
 
 WIDOW, 
 
 affidavit of no settlement by, 31 
 
 WINDING-UP PETITIONS, 153-187 
 adjournment of petition, 179 
 advertisement of order, 180 
 advertisement of petition. 168 
 
 form of, 343 
 
 notice, is, to all the world, 171, 181 
 
 papers, in what, 1 69 
 
 priority of petitions determined by, 171 
 
 re-advertisement, when necessary, 1 70 
 
 seven days before hearing, must be, 169 
 
 title and form of, 168, 169 
 
 withdrawal of petition, of, 171
 
 INDEX. 399 
 
 WINDING-UP PETITIONS continued. 
 affidavit in support of, 175 
 
 must be made by petitioner, 176 
 must be sworn and filed, when, 175 
 extending time for filing, 176 
 may be made by manager of company, 342, n. 
 form of, 342 
 
 amendment of petition, 177, 178 
 appeal from winding-up order, 186 
 costs of, 187 
 security for costs of, 187 
 time for, 186 
 who may appeal, 186 
 who will be heard on, 187 
 
 assignment of debt and right to proceed with petition, 166 
 bondholder, by, 166 
 building society. 164 
 carriage of order, 181, 182 
 collusive petition, 181 
 commencing business, company, not, 153 
 compulsory order, 
 
 after a voluntary winding-up, 158, 162 
 after a supervision order, 159 
 cheaper than a supervision order, 160 
 copies of petition, who entitled to be furnished with, 176 
 costs of petition, 183 
 
 general rule as to, 183 
 
 exceptions to, 1 84 
 appearance, of, 184 
 
 of provisional liquidator, 184 
 of secured creditor, 184 
 appeal, of, 187 
 second petition, of, 181, 185 
 security for, 185, 187 
 withdrawal of petition, on, 177, 185 
 how paid, 1 83 
 
 of petitioner are a first charge on the estate, 185 
 creditors by, 155, 166 
 creditor is entitled, fx debito justitia?, 156 
 though debt secured, 166 
 though debt under 50, 166 
 debt must not be uncertain or disputed, 166 
 claim for unliquidated damages not sufficient, 166 
 statutory demand by, 155 
 demurrer to, 178 
 
 amendment of demurrable petition, 178 
 costs of respondent's evidence, 178 
 shareholder's petition, to, 178 
 who opens case on, 178
 
 400 INDEX. 
 
 WINDING-UP PETITIONS continued. 
 evidence on, 175 
 
 affidavit in support of petition, 175 ; form of affidavit, 342 
 
 fraud, of, 179 
 
 further evidence, 176 
 fraud, allegation of, in, 178 
 grounds for presenting petition, 153 
 
 " just and equitable," 157 
 
 not commencing, or suspending, business, 153 
 
 number of members, less than seven, 155 
 
 special resolution, 153 
 
 unable to pay debts, 155 
 hearing of, 179 
 
 adjournment of, 179 
 
 orders, what may be made on, 179 
 
 standing over, 179 
 
 who may be heard, 180 
 on appeal, 186 
 
 injunction to restrain presentation of, 156, n. 
 insolvent, when a company is deemed to be, 155 
 " just and equitable," 157 
 notice of a prior petition, 181 
 order, 180 
 
 advertisement of, within twelve days, 180 
 
 carriage of, 181, 182 
 
 copy of, to be left at chambers, 180 
 
 service of, 180 
 
 summons to proceed on, 181 
 petition, who may, 166 
 
 assignee of debt, 166 
 
 B. contributory, 168 
 
 bondholder, 166 
 
 contributory, 167 
 
 creditor, 155, 156, 166 
 
 debenture holder, 167 
 
 executors, 168 
 
 scrip holder, 168 
 
 shareholder, paid up, 159, 167 
 in arrear, 167 
 dejure, 168 
 
 share warrant, holder of, 168 
 
 priority of petitions, determined by date of advertisement, 171 
 provisional liquidator, not entitled to appear, 184 
 rehearing of, 187 
 second petition, 181 
 
 costs of, 181, 185 
 
 notice of, what is, 181 
 
 order on, 182 
 
 transfer of, 182
 
 INDEX. 401 
 
 WINDING-UP PETITIONS continued. 
 security for costs, 185 
 
 of appeal, 187 
 service of order, 180 
 service of petition, 172 
 
 amalgamated company, on, 174 
 
 company's office, at, 172 
 
 where there is no office, 173 
 
 liquidator, on, 174 
 
 unregistered company, on, 174 
 several petitions, 181 
 shareholder, petition by, 159, 1G7, 178 
 supervision order, 109. 182 
 title of petition. 1C3 
 transfer of second petition, 182 
 
 unable to pay debts, when a company will be deemed, 155 
 unopposed, when treated as. 179 
 what companies may be wound up, 160 
 
 associations, 102 
 
 building society, 1G4 
 
 clubs, 164 
 
 cost-book mining companies, 1G3 
 
 dissolved companies, 162 
 
 foreign companies, 163 
 
 friendly society, 164, n. 
 
 illegal company, 161 
 
 inchoate company, 162 
 
 incorporated by special act, 161 
 
 for public purposes, 161, 167 
 
 industrial society, 164 
 
 life assurance company, 164 
 
 literary, scientific, or charitable society, 164 
 
 loan society, 164 
 
 mutual society, 104 
 
 partnership of more than seven person?, 162 
 
 railway companies, when, 161 
 
 registered under Joint Stock Companies Acts, companies, 1GO 
 
 scrip company, 163 
 
 unincorporated company, 161 
 
 unregistered company, 160, 161 
 withdrawal of, 177, 178 
 form of petition, 341 
 
 WITNESS (EXAMINATION OF). Sec DC Bate Esgc. 
 
 WHIT (RETURN OF), 
 
 petition to enforce, 314 
 
 THE END. 
 
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 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 
 
 INDEX OF SUBJECTS. 
 
 ADMIRALTY LAW 
 
 Jones 14 
 
 Kay i? 
 
 Smith 23 
 
 AGRICULTURAL HOLDINGS 
 
 Brown 26 
 
 ARTICLED CLERKS 
 See STUDENTS. 
 
 ARTIZANS AND LABOURERS' 
 DWELLINGS 
 
 Lloyd 13 
 
 ASSAULTS 
 
 See MAGISTERIAL LAW. 
 
 BALLOT ACT 
 
 Bushby 33 
 
 BANKRUPTCY 
 
 Baldwin 15 
 
 Ringwood 15 
 
 Roche and Hazlitt 9 
 
 BAR EXAMINATION JOURNAL 39 
 
 BIBLIOGRAPHY 40 
 
 BILLS OF LADING 
 
 Kay 17 
 
 BILLS OF SALE 
 
 Baldwin 15 
 
 Ringwood 15 
 
 Roche and Hazlitt 9 
 
 BIRTHS AND DEATHS REGIS- 
 TRATION 
 
 Flaxman 43 
 
 CAPACITY 
 
 See PRIVATE INTERNATIONAL 
 LAW. 
 
 CAPITAL PUNISHMENT 
 
 Copinger 42 
 
 CARRIERS 
 
 See RAILWAY LAW. 
 SHIPMASTERS. 
 
 CHANCERY DIVISION, Practice of 
 Brown's Edition of Snell ... 22 
 Griffith and Loveland ... 6 
 
 Indermaur 25 
 
 And See EQUITY. 
 
 CHARITABLE TRUSTS 
 
 Cooke 10 
 
 Whiteford 20 
 
 CHURCH AND CLERGY 
 
 Brice 8 
 
 CIVIL LAW 
 
 See ROMAN LAW. 
 
 CODES 
 
 Argles 32 
 
 COLLISIONS AT SEA 
 
 Kay 17 
 
 COLONIAL LAW 
 
 Cape Colony 38 
 
 Forsyth 12 
 
 New Zealand Jurist 18 
 
 New Zealand Statutes 18 
 
 COMMON LAW 
 
 Indermaur 24 
 
 COMMON PLEAS DIVISION, Practice 
 of 
 
 Griffith and Loveland .... 6 
 Indermaur 25 
 
 COMPANIES LAW 
 
 Brice 16 
 
 Buckley 17 
 
 Reilly's Reports 29 
 
 Smith 39 
 
 See MAGISTERIAL LAW. 
 
 COMPENSATION 
 
 Browne 19 
 
 Lloyd 13 
 
 COMPULSORY PURCHASE 
 
 Browne 19 
 
 CONSTABLES 
 
 5*? POLICE GUIDE. 
 
 CONSTITUTIONAL LAW AND 
 HISTORY 
 
 Forsyth 12 
 
 Taswell-Langmead . . . . 21 
 Thomas 28 
 
 CONTRACTS 
 
 Kay 17 
 
 CONVEYANCING, Practice of 
 
 Copinger (Title Deeds) ... 45 
 
 CONVEYANCING, Precedents in 
 
 Copinger's Index to . . . .40 
 
 CONVEYANCING, Principles of 
 
 Deane 23 
 
 COPYRIGHT 
 
 Copinger 45 
 
 CORPORATIONS 
 
 Brice 16 
 
 Browne 19 
 
 COSTS, Crown Office- 
 Short . 8 
 
 COVENANTS FOR TITLE 
 
 Copinger 45 
 
 CREW OF A SHIP 
 
 Kay 17 
 
 CRIMINAL LAW 
 
 Copinger 42 
 
 Harris 27 
 
 Moncreiff 42 
 
 See MAGISTERIAL LAW. 
 
 CROWN LAW 
 
 Forsyth 12 
 
 Hall 30 
 
 Kelyng 35 
 
 Taswell-Langmead '. . . .21 
 Thomas 28 
 
 CROWN PRACTICE 
 
 Corner , 10 
 
 CUSTOM AND USAGE 
 
 Browne 19 
 
 Mayne 38
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 
 
 INDEX OF SUBJECTS continued. 
 
 CUSTOMS PAGE 
 
 See MAGISTERIAL LAW. 
 
 DAMAGES 
 
 Mayne 31 
 
 DECREES AND ORDERS 
 
 Pemberton 41 
 
 DICTIONARIES 
 
 Brown 26 
 
 DIGESTS 
 
 Law Magazine Quarterly Digest . 37 
 
 Indian Jurist 38 
 
 Menzies" Digest of Cape Reports 38 
 
 DISCOVERY AND INTERROGA- 
 TORIES 
 
 Griffith and Loveland's Edition of 
 the Judicature Acts .... 6 
 
 DOMICIL 
 
 See PRIVATE INTERNATIONAL 
 LAW. 
 
 DUTCH LAW 38 
 
 ECCLESIASTICAL LAW 
 
 Brice 8 
 
 Smith 23 
 
 EDUCATION ACTS 
 
 See MAGISTERIAL LAW. 
 
 ELECTION LAW & PETITIONS 
 
 Bushby 33 
 
 Hardcastle 33 
 
 O'Malley and Hardcastle ... 33 
 
 EQUITY 
 
 Choyce Cases 35 
 
 Pemberton 32 and 41 
 
 Snell 22 
 
 EVIDENCE 
 
 See USAGES AND CUSTOMS. 
 
 EXAMINATION OF STUDENTS 
 Bar Examination Journal . . 39 
 Indermaur 24 and 25 
 
 EXCHEQUER DIVISION, Practice of 
 
 Griffith and Loveland 6 
 
 Indermaur 25 
 
 EXTRADITION 
 
 Clarke 44 
 
 See MAGISTERIAL LAW. 
 
 FACTORIES 
 
 See MAGISTERIAL LAW. 
 
 FISHERIES- 
 
 See MAGISTERIAL LAW. 
 
 FIXTURES 
 
 Brown 26 
 
 FOREIGN LAW 
 
 Argles 32 
 
 Dutch Law 38 
 
 Foote 36 
 
 Harris 47 
 
 FORGERY 
 
 See MAGISTERIAL LAW. 
 
 FRAUDULENT CONVEYANCES 
 May 2 o 
 
 GAIUS INSTITUTES 
 
 Harris 20 
 
 GAME LAWS PAGB 
 
 Locke 32 
 
 See MAGISTERIAL LAW. 
 
 HACKNEY CARRIAGES 
 See MAGISTERIAL LAW. 
 
 HINDU LAW 
 
 Coghlan 28 
 
 Cunningham 38 
 
 Mayne 38 
 
 Michell 44 
 
 HISTORY 
 
 Braithwaite 41 
 
 Taswell-Langmead . . . .21 
 
 HYPOTHECATION 
 
 Kay 17 
 
 INDEX TO PRECEDENTS 
 
 Copinger 40 
 
 INDIA 
 
 See HINDU LAW. 
 
 INFANTS 
 
 Simpson ....... 43 
 
 INJUNCTIONS 
 
 Joyce II 
 
 INSTITUTE OF THE LAW 
 
 Brown's Law Dictionary ... 26 
 
 INTERNATIONAL LAW 
 
 Clarke 44 
 
 Foote 36 
 
 Law Magazine 37 
 
 INTERROGATORIES AND DIS- 
 COVERY 
 
 Griffith and Loveland's Edition of 
 the Judicature Acts .... 6 
 
 INTOXICATING LIQUORS 
 See MAGISTERIAL LAW. 
 
 JOINT STOCK COMPANIES 
 See COMPANIES. 
 
 JUDGMENTS AND ORDERS 
 
 Pemberton 41 
 
 JUDICATURE ACTS 
 
 Cunningham and Mattinson . . 7 
 
 Griffith 6 
 
 Indermaur 25 
 
 JURISPRUDENCE 
 
 Forsyth 12 
 
 JUSTINIAN'S INSTITUTES 
 
 Campbell 47 
 
 Harris 20 
 
 LANDS CLAUSES CONSOLIDA- 
 TION ACT 
 
 Lloyd 13 
 
 LARCENY 
 
 See MAGISTERIAL LAW. 
 
 LAW DICTIONARY 
 
 Brown 26 
 
 LAW MAGAZINE & REVIEW . 37 
 
 LEADING CASES 
 
 Common Law 25 
 
 Constitutional Lav/ .... 28 
 Equity and Conveyancing . . 25 
 Hindu Law . . 20
 
 INDEX OF SUBJECTS continued. 
 
 LEADING STATUTES 
 
 Thomas. ....... 28 
 
 LEASES 
 
 Copinger 45 
 
 LEGACY AND SUCCESSION 
 
 Hanson 10 
 
 LEGITIMACY AND MARRIAGE 
 
 See PRIVATE INTERNA- 
 TIONAL LAW. 
 LICENSES 
 
 See MAGISTERIAL LAW. 
 LIFE ASSURANCE 
 
 Buckley 29 
 
 Reilly 29 
 
 LIMITATION OF ACTIONS 
 
 Banning 42 
 
 LIQUIDATION with CREDITORS 
 
 Baldwin .15 
 
 Ringwood 15 
 
 Roche and Hazlitt 9 
 
 And see BANKRUPTCY. 
 
 LLOYD'S BONDS 14 
 
 MAGISTERIAL LAW 
 
 Greenwood and Martin ... 46 
 MALICIOUS INJURIES 
 
 See MAGISTERIAL LAW. 
 MARRIAGE and LEGITIMACY 
 
 Foote . 36 
 
 MARRIED WOMEN'S PRO- 
 PERTY ACTS 
 
 Walker's Edition of Griffith . . 40 
 MASTER AND SERVANT 
 
 See SHIPMASTERS & SEA- 
 MEN. 
 MASTERS AND SERVANTS 
 
 See MAGISTERIAL LAW. 
 MERCANTILE LAW .... 32 
 
 See SHIPMASTERS & SEA- ' 
 MEN. 
 
 ,, STOPPAGE IN TRANSITU. 
 MERCHANDISE MARKS 
 
 Daniel 42 
 
 MINES 
 
 Harris 47 
 
 See MAGISTERIAL LAW. 
 MORTMAIN 
 
 See CHARITABLE TRUSTS. 
 NATIONALITY 
 
 See PRIVATE INTERNA- 
 TIONAL LAW. 
 NEGLIGENCE 
 
 Campbell 40 
 
 NEW ZEALAND 
 
 Jurist Journal and Reports . . 18 
 
 Statutes 18 
 
 OBLIGATIONS 
 
 Brown's Savigny 20 
 
 PARLIAMENT 
 Taswell-Langmead 
 Thomas 
 
 . . . 21 
 
 ... 28 
 
 PARLIAMENTARY PRACTICE 
 
 Browne 19 
 
 Smethurst 18 
 
 PARTITION 
 Walker 
 
 43 
 
 PASSENGERS 
 
 See MAGISTERIAL LAW. 
 RAILWAY LAW. 
 
 PASSENGERS AT SEA 
 
 Kay 17 
 
 PAWNBROKERS 
 
 See MAGISTERIAL LAW. 
 
 PERSONATION AND IDENTITY 
 
 Moriarty 14 
 
 PILOTS 
 
 Kay 17 
 
 POLICE GUIDE 
 
 Greenwood and Martin ... 46 
 
 POLLUTION OF RIVERS 
 
 Higgins 30 
 
 PRACTICE BOOKS 
 
 Bankruptcy .... 9 and 15 
 Companies Law ... 29 and 39 
 
 Compensation 13 
 
 Compulsory Purchase. ... 19 
 
 Conveyancing 45 
 
 Damages 31 
 
 Ecclesiastical Law 8 
 
 Election Petitions 33 
 
 Equity 22 and 32 
 
 High Court of Justice . . 6 and 25 
 
 Injunctions n 
 
 Judicature Acts. . . . 6 and 25 
 
 Magisterial. 46 
 
 Pleading, Precedents of ... 7 
 
 Privy Council 44 
 
 Railways 14 
 
 Railway Commission . . . . 19 
 
 Rating I9 
 
 Supreme Court of Judicature 
 
 6 and 25 
 
 PRECEDENTS OF PLEADING 
 
 Cunningham and Mattinson . . 7 
 
 PRIMOGENITURE 
 
 Lloyd 15 
 
 PRINCIPLES 
 
 Brice (Corporations) . . . . 16 
 
 Browne (Rating) ip 
 
 Deane (Conveyancing) . 23 
 
 Harris (Criminal Law) . 27 
 
 Houston (Mercantile) . . 32 
 
 Indermaur (Common Law) 24 
 
 Joyce (Injunctions) . . n 
 
 Ringwood (Bankruptcy) . 15 
 
 Snell (Equity) 22
 
 STEVENS & HAYNES, BELL YAED, TEMPLE BAB. 
 
 INDEX OF SUBJECTS continued. 
 
 PRIORITY 
 
 Robinson 32 
 
 PRIVATE INTERNATIONAL 
 LAW 
 
 Foote 36 
 
 PRIVY COUNCIL 
 
 Michell 44 
 
 PROBATE - 
 
 Hanson IO 
 
 PUBLIC WORSHIP 
 
 Brice 8 
 
 QUEEN'S BENCH DIVISION, Practice 
 of 
 
 Griffith and Loveland .... 6 
 Indermaur 25 
 
 QUESTIONS FOR STUDENTS 
 
 Indermaur 25 
 
 Bar Examination Journal. . . 39 
 
 RAILWAYS 
 
 Browne 19 
 
 Godefroi and Shortt . . . .14 
 
 Goodeve 29 
 
 Lloyd 13 
 
 See MAGISTERIAL LAW. 
 
 RATING 
 
 Browne 19 
 
 REAL PROPERTY 
 
 Deane 23 
 
 REFEREES COURT 
 
 Smethurst 18 
 
 REGISTRATION OF BIRTHS 
 AND DEATHS 
 
 Flaxman 
 
 REMINISCENCE 
 
 Braithwaite 
 
 REPORTS 
 
 Bellewe 
 
 Brooke 
 
 Choyce Cases 35 
 
 Cooke ........ 35 
 
 Cunningham ^4 
 
 Election Petitions 33 
 
 Finlason 32 
 
 Gibbs, Case of Lord Henry Sey- 
 mour's Will io 
 
 Kelyng,John 35 
 
 Kelynge, William . . , . 35 
 New Zealand Jurist . . . . 18 
 
 Reilly 29 
 
 Shower (Cases in Parliament) . 34 
 
 RITUAL 
 
 Brice 8 
 
 ROMAN LAW 
 
 Brown's Analysis-of Savigny . . 20 
 
 Campbell 47 
 
 Harris 20 
 
 SALVAGE 
 
 Jones I4 
 
 Kay 17 
 
 43 
 41 
 
 34 
 35 
 
 SANITARY ACTS 
 
 See MAGISTERIAL LAW. 
 SCOTLAND, LAWS OF 
 
 Robertson 41 
 
 SEA SHORE 
 
 Hall 30 
 
 SHIPMASTERS AND SEAMEN-, 
 
 Kay 17 
 
 SOCIETIES 
 
 See CORPORATIONS. 
 STAGE CARRIAGES 
 
 See MAGISTERIAL LAW. 
 STAMP DUTIES 
 
 Copinger 40 and 45 
 
 STATUTE OF LIMITATIONS 
 
 Banning 42 
 
 STATUTES 
 
 Hardcastle 9 
 
 New Zealand 18 
 
 Revised Edition . . . . . 12 
 
 Thomas 28 
 
 STOPPAGE IN TRANSITU 
 
 Houston 32 
 
 Kay 17 
 
 STUDENTS' BOOKS . 2028, 39, 47 
 SUCCESSION DUTIES 
 
 Hanson io 
 
 SUCCESSION LAWS 
 
 Lloyd 13 
 
 SUPREME COURT OF JUDICA- 
 TURE, Practice of 
 
 Cunningham and Mattinson . . 7 
 
 Griffith and Loveland .... 6 
 
 Indermaur 25 
 
 TELEGRAPHS 
 
 See MAGISTERIAL LAW. 
 TITLE DEEDS 
 
 Copinger 45 
 
 TOWNS IMPROVEMENTS 
 
 See MAGISTERIAL LAW. 
 TRADE MARKS 
 
 Daniel ....... 42 
 
 TREASON 
 
 Kelyng 35 
 
 Taswell-Langmead . . . .21 
 TRIALS 
 
 Queen v. Gurney 32 
 
 ULTRA VIRES 
 
 Brice 16 
 
 USAGES AND CUSTOMS 
 
 Browne 19 
 
 Mayne 38 
 
 VOLUNTARY CONVEYANCES 
 
 May 29 
 
 WATER COURSES 
 
 Higgins 30 
 
 WILLS, CONSTRUCTION OF 
 
 Gibbs, Report of Wallace v. 
 Attorney-General . . . . io
 
 In one thick volume, 8vo., price 30^., cloth lettered, 
 THE 
 
 SUPREME COURT OF JUDICATURE ACTS 
 
 1873, 1875 & 1877: 
 
 THE APPELLATE JURISDICTION ACT, 1876, 
 
 AND 
 
 THE RULES, ORDERS, AND COSTS THEREUNDER: 
 
 EDITED WITH NOTES, REFERENCES, AND A COPIOUS 
 ANALYTICAL INDEX. 
 
 EMBODYING ALL THE REPORTED CASES TO MICHAELMAS SITTINGS, 1877, 
 
 AND A TIME TABLE. 
 
 BY 
 
 WILLIAM DOWNES GRIFFITH, 
 
 Of the Inner Temple, Barrister-at-Law and a Judge of County Courts ; 
 Author of " Griffith's Bankruptcy," &c. 
 
 AND 
 
 RICHARD LOVELAND LOVELAND, 
 
 Of the Inner Temple, Barrister-at-Law ; Editor of " Kelyng's Crown Cases," 
 " Shower's Cases in Parliament," and " Hall's Essay on the Rights of the 
 Crown in the Seashore," &c. 
 
 REVIEWS. 
 
 ' Our modern reform is real, and it is certainly j rank of an Excursus on a branch of Law." Law 
 beneficent, and depending as it does much upon the | Magazine and Review. 
 
 " If continued popularity should not await this 
 
 UC11^1H,Q11L, HUM UVWVUIUH0 AS U IMPW 1UIMU UJIWB UBB 
 
 decisions of the judges, it is no small advantage 
 that it is so ably explained by such authors and 
 editors as Mr. Griffith and Mr. Loveland." Th~ 
 
 Law Times. 
 
 lew pro- 
 
 " Much care and industry have been shown in 
 the collection of the cases and the arrangement of 
 the book, and the facilities given by the mode of 
 printing enable the reader to find his way readily to i 
 
 any jpart^of the Acts orJRules he may wish to con- j "The authors deserve the gratitude and appre- 
 ciation of those who consult this work, for (as we 
 
 most practical and exhaustive exposition of the 
 working of the Supreme Court of Judicature Acts 
 and Orders, we can only say that it will not be 
 because the editors have not fulfilled their aim, in 
 
 rendering it a sure and useful guide to the n 
 
 cedure." Irish. Laiu Times. 
 
 " Mr. W. Downes Griffith appears to have met 
 
 have often observed) references to cited cases to all
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAB. 
 
 In 8vo. price 28^., cloth, 
 
 A SELECTION 
 
 OF 
 
 PRECEDENTS OF PLEADING 
 
 Sintier tfje Judicature &cts 
 IN THE COMMON LAW DIVISIONS. 
 
 With Notes explanatory of the different Causes of Action and Grounds of Defence ; and 
 
 an Introductory Treatise on the Present Rules and Principles of Pleading as 
 
 illustrated by the various Decisions down to the present time. 
 
 BY JOHN CUNNINGHAM, 
 
 Of the Middle Temple, Barrister-at-Law, Author of the "Law Relating to Parliamentary 
 and Municipal Elections j" and 
 
 MILES WALKER MATTINSON, 
 
 Of Gray's Inn, Barrister-at-Law. 
 
 REVIEWS. 
 
 IRISH LAW TIMES. 
 
 " The notes are very pertinent and satisfactory ; the introductory chapters on the present system of 
 pleading are excellent, and the precedents will be found very useful." 
 
 LAW JOURNAL. 
 
 " Good pleading in the present day demands literary talent, as well as legal knowledge. The art of 
 composition is a rare accomplishment, even among well educated men ; and so, when the pleader is 
 called upon to state his case with brevity and lucidity, he is fairly overwhelmed with the task. For the 
 sake of these incompetent writers and they are, for obvious reasons, to be found among very learned 
 and very clever lawyers we welcome the work before us. A man who is a good lawyer and a master of 
 the art of English composition will, perhaps, never trouble himself to use this book. He will do his 
 work quicker and better by mastering his Tease, and proceeding to state it in his own style. But the 
 indifferent scholars will certainly derive very great help from this volume ; and we earnestly commend it 
 to their notice, not only for their own sakes, but also in mercy to the more delicate and fastidious eyes and 
 ears of literary lawyers. . . . For pupils, also, and beginners at the bar, the book will be very useful ; 
 because these, never having served an apprenticeship to the old system, are very apt to omit allegations, 
 essential in certain cases to the validity of a pleading. The authors of the book before us have introduced 
 their collection of forms to the reader by an essay on pleading under the new rules ; and we think that a 
 perusal of this essay, which is written in an attractive style, would do a great deal of good both to 
 barristers and masters. . . . The order of precedents is determined by their subject-matter, and the 
 several subjects follow according to the rule of alphabetical precedence. In the appendix the rules on 
 pleading are collected in one view, and there is a full index to the woik. We think that the authors 
 have 'deserved well of the profession, and that they have produced a book likely to grow in favour even 
 among those who at first might conceive a prejudice against a work of this kind." 
 
 LAW MAGAZINE AND REVIEW. 
 
 " Messrs. Cunningham and Mattinson come forward opportunely to take up ground which, since the 
 passing of the Judicature Acts, seems to be awaiting the first occupant. A work which, in the compass of 
 a single portable volume, contains a brief Treatise on the Principles and Rules of Pleading, and a care- 
 fully annotated body of Forms which have to a great extent gone through the entirely separate sifting 
 processes of Chambers, Court, and Judges' Chambers, cannot fail to be a most useful companion in the 
 Practitioner's daily routine. And readiness of reference, clearly one of the desiderata in such a book, has 
 been studied by the authors in their adoption of the alphabetical arrangement for the Precedents." 
 
 SOLICITORS' JOURNAL. 
 
 " The authors of the present work state in their preface that the various pleadings which are contained 
 in the body of the work have, in nearly every case, beeu settled by counsel of standing at the bar, and 
 formed part of the record in cases that have been carried on up to trial, or actually tried, since the 
 Judicature Acts came into operation. Such pleadings, as the authors observe, possess the advantage of 
 having passed the adverse criticism of opposing counsel, and, in some cases, the ordeal of a contest at 
 judges' chambers or in court. As far as we can judge, the authors have exercised a careful and sound 
 judgment in their selection. The work contains a treatise on the new rules of pleading which is well written, 
 but would bear compression. To most of the precedents there are notes referring to the decisions which 
 are most useful to the pleader in connection with the particular cause of action involved. We are disposed 
 to think that this is the most valuable portion of the work. It is extremely convenient to have some work 
 which collects notes of this sort in connection with pleading."
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAE. 
 
 In 8vo., price los., cloth, 
 
 THE TAXATION OF COSTS IN THE 
 CKOWN OFFICE. 
 
 COMPRISING A COLLECTION OF 
 
 Bills of Costs In the various matters Taxable in that Office; 
 
 INCLUDING COSTS UPON THE 
 
 AND ON APPEALS FROM INFERIOR COURTS; 
 
 TOGETHER WITH 
 
 A TABLE OF COURT FEES, 
 
 AND A SCALE OF COSTS USUALLY ALLOWED TO SOLICITORS ON 
 THE TAXATION OF COSTS 
 
 ON THE CROWN SIDE OF THE QUEEN'S BENCH DIVISION OF THE HIGH 
 COURT OF JUSTICE. 
 
 BY FREDK. H. SHORT, 
 
 CHIEF CLERK IN THE CROWN OFFICE. 
 
 "This is decidedly a useful work on the subject of those costs which are liable to be taxed before the 
 Queen's Coroner and Attorney (for which latter name that of ' Solicitor ' might now well be substituted), 
 or before the master of the Crown Office ; in fact, such a book is almost indispensable when preparing 
 costs for taxation in the Crown Office, or when taxing an opponent's costs. Country solicitors will find 
 the scale relating to bankruptcy prosecutions of especial use, as such costs are taxed in the Crown Office. 
 The 'general ..observations' constitute a useful feature in this manual." Law Times. 
 
 "This book contains a collection of bills of costs in the various matters taxable in the Crown Office. 
 When we point out that the only scale of costs available for the use of the general body of solicitors is that 
 published in Mr. Corner's book on 'Crown Practice' in 1844, we have said quite enough to prove the 
 utility of the work before us. 
 
 " In them Mr. Short deals with 'Perusals,' ' Copies for Use," 'Affidavits,' 'Agency,' ' Correspondence,' 
 'Close Copies.' 'Counsel,' 'Affidavit of Increase,' and kindred matters; and adds some useful remarks 
 on taxation of * Costs in Bankruptcy Prosecutions,' ' Qua Warranto,' ' Mandamus' ' Indictments," 
 and 'Rules.' 
 
 "We have rarely seen a work of this character better executed, and we feel sure that it will be 
 thoroughly appreciated. "Law Journal. 
 
 " The recent revision of the old scale of costs in the Crown Office renders the appearance of this work 
 particularly opportune, and it cannot fail to be welcomed by practitioners. Mr. Short gives, in the first 
 place, a scale of costs usually allowed to Solicitors on the taxation of costs in the Crown Office, and 
 then bills of costs in various matters. These are well arranged and clearly printed." Solicitors' Journal. 
 
 In one volume, 8vo., price 28^., cloth, 
 
 THE LAW RELATING TO PUBLIC WORSHIP; 
 
 WITH SPECIAL REFERENCE TO 
 
 Scatters* of lEUtual atiti flDcnamentation, 
 
 AND THE MEANS OF SECURING THE DUE OBSERVANCE THEREOF, 
 
 AND CONTAINING IN EXTENSO, 
 
 WITH NOTES AND REFERENCES, 
 
 THE PUBLIC WORSHIP REGULATION ACT, 1874 ; THE 
 CHURCH DISCIPLINE ACT; THE VARIOUS ACTS OF 
 UNIFORMITY; THE LITURGIES OF 1549, 1552, AND 1559, 
 
 COMPARED WITH THE PRESENT RUBRIC; 
 
 THE CANONS; THE ARTICLES; 
 
 AND THE 
 
 INJUNCTIONS, ADVERTISEMENTS, AND OTHER ORIGINAL 
 DOCUMENTS OF LEGAL AUTHORITY. 
 
 BY SEWARD BRICE, LL.D., 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW. 
 
 " To the vast number of people who in various ways are interested in the 
 working of the Act, Mr. Bricks volume cannot fail to be. welcome. It is well 
 conceived and carefully executed." THE TIMES.
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 
 
 In one volume, 8vo., 1879, price 2Or., cloth, 
 
 A TREATISE 
 
 ON THE RULES WHICH GOVERN 
 
 THE CONSTRUCTION AND EFFECT 
 
 OF 
 
 STATUTORY LAW. 
 
 WITH AN APPENDIX 
 
 Of certain Words and Expressions used in Statutes, which have been 
 Judicially or Statutably construed. 
 
 BY HENRY HARDCASTLE, 
 
 OF THE INNER TEMPLE, B ARRISTER-AT-L AW. 
 
 Editor of "" Bushby's Election Law" " Hardcastle' s Election Petitions" 
 and Joint-Editor of " Election Petition Reports" 
 
 " A vast amount of information will be found in its pages much of it arranged so as 
 to be got at without much difficulty. The chapters and sections being headed with lines 
 of indication. We can only hope Mr. Hardcastle will receive that measure of success 
 to which the amount of labour which he has evidently bestowed upon the work entitles 
 him." Law Times. 
 
 " Its method and object are excellent, and it appears to be the fruit of much careful 
 study." Daily News. 
 
 In one thick volume, 8vo., 1873, P" 06 S *-! cloth, 
 
 THE LAW AND PRACTICE IN BANKRUPTCY; 
 
 Comprising the Bankruptcy Act, 1869 ; the Debtors Act, 1869 ; the Insolvent Debtors 
 and Bankruptcy Repeal Act, 1869 ; together with the General Rules and Orders 
 in Bankruptcy, at Common Law and in the County Courts ; 
 
 With the Practice on Procedure to Adjudication, Procedure 
 
 to Liquidation, Procedure to Composition, and Procedure 
 
 under Debtors' Summons, Scales of Costs and 
 
 of Allowance to Witnesses. 
 
 Copious Notes, References, and a very full Index. Second Edition. By HENRY PHILIP 
 ROCHE and WILLIAM HAZLITT, Barristers-at-Law, and Registrars of the Court 
 of Bankruptcy.
 
 10 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 
 
 Third Edition, in 8vo., 1876, price 25.?., cloth, 
 THE ACTS RELATING^ TO 
 
 PROBATE, LEGACY, AND SUCCESSION DUTIES. 
 
 COMPRISING THE 
 
 36 GEO. III., CAP. 52 ; 45 GEO. III., CAP. 28 ; 55 GEO. III., CAP. 184 ; 
 AND 16 & 17 VICT., CAP. 51 ; 
 
 WITH AN INTRODUCTION, COPIOUS NOTES, AND REFERENCES 
 
 To all the Decided Cases in England, Scotland, and Ireland ; 
 
 AN APPENDIX OF STATUTES, TABLES, AND A FULL INDEX. 
 
 BY ALFRED HANSON, 
 
 OF THE MIDDLE TEMPLE, ESQ., BARRISTER-AT-LAW J 
 COMPTROLLER OF LEGACY AND SUCCESSION DUTIES. 
 
 i)trtr igRritum, 
 
 INCORPORATING THE CASES TO MICHAELMAS SITTINGS, 1876. 
 
 "It is the only complete book upon a subject of great importance. 
 
 " Mr. Hanson is peculiarly qualified to be the adviser at such a time. Hence a volume 
 without a rival." Law Times. 
 
 " His book is in itself a most useful one ; its author knows every in and out of the 
 subject, and has presented the whole in a form easily and readily handled, and with good 
 arrangement and clear exposition." Solicitors' Journal. 
 
 In royal 8vo., 1877, price ioj., cloth, 
 LES HOSPICES DE 'PARIS ET DE LONDRES. 
 
 THE CASE OF LORD HENRY SEYMOUR'S WILL 
 
 (WALLACE v. THE ATTORNEY-GENERAL). 
 
 Reported by FREDERICK WAYMOUTH GIBBS, C.B., Barrister-at-Law, 
 
 late Fellow of Trinity College, Cambridge. 
 
 In preparation, and to be published immediately new Rules are issued, 
 
 CORNER'S CROWN PRACTICE: 
 
 Being the Practice of the Crown Side of the Queen's Bench Division of the High Court 
 of Justice; with an Appendix of Rules, Forms, Scale of Costs and Allowances, &c. 
 
 SECOND EDITION. 
 By FREDERICK H. SHORT, of the Crown Office, and R. L. LOVELAND, 
 
 Of the Inner Temple, Barrister-at-Law, Editor of " Kelyng's Cromn Cases," and 
 " Hall's Essay on the Rights of the Crown in the Sea Shore." 
 
 In 8vo., 1867, price i6s., cloth, 
 
 THE CHAEITABLE TRUSTS ACTS, 1853, 1855, 1860; 
 
 THE OHAKITY OOMMISSIONEKS JUKISDIGTION ACT, 1862; 
 
 THE EOMAU CATHOLIC OHAEITIES ACTS : 
 
 Together with a Collection of Statutes relating to or affecting Charities, including the 
 Mortmain Acts, Notes of Cases from 1853 to the present time, Forms of Decla- 
 rations of Trust, Conditions of Sale, and Conveyance of Charity Land, and a 
 very copious Index. Second Edition. 
 
 By HUGH COOKE and R. G. HARWOOD, of the Charity Commission. 
 " Charities are so numerous, so many persons are 
 
 directly or indirect ly interested in them, they are so 
 much abused, and there is such a growing desire to 
 rectify those abuses and to call in the aid of the 
 commissioners for a more beneficial application of 
 their funds and we are not surprised to receive a 
 
 second edition of a collection of all the statutes that 
 regulate them, admirably annotated by two such 
 competent editors as Messrs. Cookeand Harwood, 
 whose official experience peculiarly qualifies them 
 for the task." Law Times.
 
 STEVENS & HAYNES, BELL TAED, TEMPLE BAB. 
 
 11 
 
 In one volume, royal 8vo., 1877, price 30?., cloth, 
 
 THE DOCTRINES AND PRINCIPLES OF 
 THE LAW OF INJUNCTIONS. 
 
 BY WILLIAM JOYCE, 
 OF LINCOLN'S INN, BARRISTER-AT-LAW. 
 
 " Mr. Joyce, whose learned and exhaustive work on ' The Law and Practice of Injunctions,' has 
 gained such a deservedly high reputation in the Profession, now brings out a valuable companion volume 
 on the ' Doctrines and Principles' of this important branch of the Law. In the present work the Law is 
 enunciated in its abstract rather than its concrete form, as few cases as possible being cited ; while at the 
 same time no statement of a principle is made unsupported by a decision, and for the most part the very 
 language of the Courts has been adhered to. Written as it is by so acknowledged a master of his subject, 
 and with the conscientious carefulness that might be expected from him, this work cannot fail to prove of 
 the greatest assistance alike to the Student who want* to grasp principles freed from their superincum- 
 bent details and to the Practitioner, who wants to refresh his memory on points of Doctrine amidst the 
 oppressive details of professional work." Law Magazine and Review. 
 
 BY THE SAME AUTHOR, 
 In two volumes, royal 8vo., 1872, price 70?., cloth, 
 
 THE LAW AND PRACTICE OF INJUNCTIONS. 
 
 EMBRACING ALL THE SUBJECTS IN WHICH 
 
 COURTS OF EQUITY AND COMMON LAW 
 
 HAVE JURISDICTION. 
 
 BY WILLIAM JOYCE, 
 OF LINCOLN'S INN, BARRISTER-AT-LAW. 
 
 REVIEWS. 
 
 "A work which aims at being so absolutely 
 complete, as that of Mr. Joyce upon a subject 
 which is of almost perpetual recurrence in the 
 Courts, cannot fail to be a welcome offering to the 
 profession and, doubtless, it will be well received 
 and largely used, for it is as absolutely complete as 
 
 it aims at being This work is, therefore, 
 
 eminently a work for the practitioner, being full of 
 practical utility in every page, and every sentence, 
 of it We have to_ congratulate the pro- 
 fession on this new acquisition to a digest of the 
 law, and the author on his production of a work of 
 permanent utility and fame." Law Magazine 
 and Review. 
 
 "Mr. Joyce has produced not a treatise but a 
 complete and compendious exposition of the Law 
 and Practice of Injunctions both in equity and com- 
 mon law. 
 
 " Part III. Is devoted to the practice of the 
 Courts. Contains an amount of valuable and 
 technical matter nowhere else collected. 
 
 " From these remarks it will be sufficiently per- 
 ceived what elaborate and painstaking industry, as 
 well as legal knowledge and ability, has been 
 necessary in the compilation of Mr. Joyce's work. 
 No labour has been spared to save the practitioner 
 labour, and no research has been omitted which 
 could tend towards the elucidation and exemplifi- 
 cation of the general principles of the Law and 
 Practice of Injunctions." Law Journal. 
 
 " He does not attempt to go an inch beyond that 
 for which he has express written authority ; he al- 
 lows the cases to speak, and does not speak for them. 
 
 " The work is something more than a treatise on 
 the Law of Injunctions. It gives us the general 
 law on almost every subject to which the process of 
 injunction is applicable. Not only English, but 
 American decisions are cited, the aggregate number 
 being 3,500, and the statutes cited 160, whilst the 
 index is, we think, the most elaborate we have ever 
 seen occupying nearly 200 pages. The work is 
 probably entirely exhaustive." Law Times. 
 
 " This work, considered either as to its 'matter or manner of execution, is no ordinary work. It is a 
 complete and exhaustive treatise both as to the law and the practice of granting injunctions. It must 
 supersede all other works on the subject. The terse statement of the practice will be found of incalculable 
 value. We know of no book as suitable to supply a knowledge of the law of injunctions to our common 
 law friends as Mr. Joyce's exhaustive work. It is alike indispensable to members of the Common Law 
 and Equity Bars. Mr. Joyce's great work would be a casket without a key unless accompanied by a good 
 index. His index is very full and well arranged. We feel that this work is destined to take its place 
 as it standard text-book, and the text-book on the particular subject of which it treats. The author 
 deserves great credit for the very great labour bestowed upon it. The publishers, as usual, have acquitted 
 themselves in a manner deserving of the high reputation they bear." Canada Law Journal.
 
 12 
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAB. 
 
 In one volume, royal 8vo., price 30^., cloth, 
 
 CASES & OPINIONS ON CONSTITUTIONAL LAW, 
 
 AND VARIOUS POINTS OF ENGLISH JURISPRUDENCE. 
 Collected and Digested from Official Documents and other Sources ; with Notes. By 
 WILLIAM FORSYTH, M.A.,- M.P., Q.C., Standing Counsel to the Secretary of 
 State in Council of India, Author of " Hortensius," " History of Trial by 
 Jury," "Life of Cicero," etc., late Fellow of Trinity College, Cambridge. 
 
 giance, the lex loci and the lex fort, extradition, 
 and appeals from the colonies. The volume bears 
 marks of extreme care and regard to accuracy, and 
 is in every respect a valuable contribution to consti- 
 tutional law." 
 
 From the CONTEMPORARY REVIEW. 
 "We cannot hut regard with interest a hook 
 which, within moderate compass, presents us with 
 the opinions or responsa of such lawyers and states- 
 men as Somers, Holt, Hardwicke, Mansfield, and, 
 to come down to our own day, Lyndhurst, Abinger, 
 Denman, Cranworth, Campbell, St. Leonards, 
 Westbury, Chelmsford, Cockburn, Cairns, and the 
 present Lord Chancellor Hatherley. At the end of 
 each chapter of the ' Cases and Opinions,' Mr. 
 Forsyth has added notes of his own, containing a 
 most excellent summary of all the law bearing on 
 that branch of his subject to which the ' Opinions ' 
 refer. . . . Our space precludes us from dwelling 
 upon the contents of this work at any greater 
 length, but we think we have said enough to show 
 that it is worthy of a place on the book-shelves of our 
 statesmen, and all who take an interest in constitu- 
 tional, or rather, national and colonial questions." 
 
 From the LAW MAGAZINE and LAW 
 REVIEW. 
 
 "Mr. Forsyth has largely and beneficially added 
 to our legal stores. His work may be regarded as in 
 some sense a continuation of ' Chalmers's Opinions 
 of Eminent Lawyers.' . . . The constitutional 
 relations between England and her colonies are 
 becoming every day of more importance. The 
 work of Mr. Forsyth will do more to make these 
 relations perfectly clear than any which has yet 
 appeared. Henceforth it will be the standard work 
 of reference in a variety of questions which are 
 constantly presenting themselves for solution both 
 here and in our colonies. . . . Questions of colonial 
 law by no means occupy an exclusive share of the 
 volume. . . . Among other questions on which 
 ' opinions ' are given, and of which careful sum- 
 maries and generalisations have been added by 
 Mr. Forsyth, are those relating to vice-admiralty 
 jurisdiction and piracy ; the prerogatives of the 
 Crown in relation to treasure trove, land in the 
 colonies, mines, cession of territory, &c. ; the power 
 of courts-martial, extra-territorial jurisdiction, alle- 
 
 From the LAW TIMES. 
 " This one volume of 560 pages or thereabouts 
 is a perfect storehouse of law not readily to be 
 found elsewhere, and the more useful because it is 
 not abstract law, but the application of principles 
 to particular cases. Mr. Forsyth's plan is that of 
 classification. He collects in separate chapters a 
 variety of opinions bearing upon separate branches 
 of the law. Thus, the first chapter is devoted to 
 cases on the common law, and the law applicable to 
 the colonies ; the second to the ecclesiastical law 
 relating to the colonies ; the third to the powers 
 and duties, civil and criminal liabilities, of governors 
 of colonies; the next to vice-admiralty jurisdiction 
 and piracy ; the fifth to certain prerogatives of the 
 Crown : such as lands in the colonies, grants, 
 escheats, mines, treasure trove, royal fish, felon's 
 goods, writ ne exeat regno, proclamation, cession 
 of territory, and creation of courts of justice ; the 
 sixth chapter contains opinions on martial law and 
 courts-martial ; the seventh on extra-territorial juris- 
 diction; the eighth on the lex loci and lex fort ; 
 the ninth on allegiance and aliens ; and then suc- 
 cessively on extradition ; on appeals from the colo- 
 nies ; on the revocation of charters ; on the Channel 
 Isjands ; on the nationality of a ship, and other 
 matters relating to ships ; on the power of the 
 Crown to grant exclusive rights of trade ; on writs 
 of habeas corpus ; on certain points relating to the 
 criminal law ; and lastly, on miscellaneous subjects, 
 such as the declaration of war before hostilities ; on 
 the right of war, booty and prize, and on the grant 
 of a marriage licence. . . . This is a book to be 
 read, and therefore we recommend it not to all 
 lawyers only, but to every law student. The 
 editor's own notes are not the least valuable portion 
 of the volume." 
 
 THE REVISED EDITION OF THE STATUTES, 
 
 PREPARED UNDER THE DIRECTION OF THE STATUTE LAW 
 
 COMMITTEE, AND 
 PUBLISHED BY THE AUTHORITY OF HER MAJESTY'S GOVERNMENT. 
 
 Volume I. Henry III. to James II., 1235-1685 
 
 2. Will. & Mary to 10 Geo. III., 1688-1770 
 
 ,, 3. II Geo. III. to 41 Geo. III., 1700-1800 
 
 4. 41 Geo. III. to 51 Geo. III., 1801-1811 
 
 5. 52 Geo. III. to 4 Geo. IV., 1812-1823 
 
 6. 5 Geo. IV. to i & 2 Will. IV., 1824-1831 
 
 7. 2 & 3 Will. IV. to 6 & 7 Will. IV., 1831-1836 
 
 8. 7 Will. IV. & i Viet, to 5 & 6 Viet., 1837-1842 
 
 * 
 
 ,, 9- ~ 6 & 7 Viet, to 9 & 10 Viet., 1843-1846 
 
 ,, 10. 10 & II Viet, to 13 & 14 Viet, 1847-1850 
 
 ,, Ii. 14 & 15 Viet, to 16 & 17 Viet, 1851-1853 
 ,, 12. 17 & 18 Viet, to 19 & 20 Viet, 1854-1856 
 ,, 13. 20 Viet to 24 & 25 Viet, 1857-1861 . i 10 o ,, 
 
 14. 25 & 26 Viet to 28 & 29 Viet, 1862-1865. i 10 o ,, 
 ,, 15. 29 & 30 Viet to 31 & 32 Viet, 1866-1867-8 i 10 6 ,, 
 %* The Fifteenth Volume Completes the Edition of the REVISED STATUTES. 
 CHRONOLOGICAL TABLE of and INDEX to the STATUTES, to the end of the 
 Session of 1878. Fifth Edition, imperial 8vo., 14^., cloth. 
 
 i 
 
 i o 
 o 17 
 o 18 
 
 6 
 10 
 
 12 
 II 
 
 7 
 4 
 6 
 10 
 
 10 
 
 o cloth. 
 
 o 
 
 o 
 
 o 
 
 o 
 
 o 
 
 o 
 
 6 
 
 6 
 
 6 ,
 
 STEVENS & HAYNES, BELL TAED, TEMPLE BAB. 13 
 
 In 8vo., price 25^., cloth, 
 
 THE LAW OF COMPENSATION 
 
 FOB LANDS, HOUSES, &c., 
 
 Under the Lands Clauses, Railways Clauses Consolidation and Metropolitan Acts, 
 
 THE ARTIZANS & LABORERS' DWELLINGS IMPROVEMENT ACT, 1875. 
 
 WITH A FULL COLLECTION OF FORMS AND PRECEDENTS, 
 
 Jfourtl) lEtutton, 
 
 Much enlarged, with many additional Forms, including Precedents of Sills of Costs. 
 
 BY EYRE LLOYD, OF THE INNER TEMPLE, BARRISTER-AT-LAW. 
 
 " A fourth edition of Mr. Lloyd's valuable treatise has just been published . Few branches of the law 
 affect so many and such important interests as tltat which gives to private individuals compensation for 
 property compulsorily taken for the purpose of public improvements. The questions -which arise under 
 the different Acts of Parliament now in force are very numerons and difficult, and a collection oj decided 
 Cases epitomised and well arranged, as they are in Mr. Lloyd's work, cannot fail to be a welcome 
 addition to the library of all -who are interested in landed property, whether as owners, land agents, 
 public officers or solicitors." MIDLAND COUNTIES HERALD. 
 
 profession, and to the public at large. Thoroughly Times. 
 
 " In providing the legal prof ession with a book which contains the decisions of the Courts of Law and 
 Equity upon the various statutes relating to the Law of Compensation, Mr. hyre Lloyd has long since 
 left ail competitors in the distance, and his book may now be considered the standard work upon the 
 subject. The plan of Mr. Lloyd's book is generally known, and its lucidity is appreciated; the present 
 quite fulfils all the promises of the preceding editions, and contains in addition to other matter a com- 
 plete set of forms under the Artizans and Labourers Act, 1875, and specimens of Bills of Costs, which 
 will be found a novel feature, extremely useful to legal practitioners." JUSTICE OF THE PEACE. 
 
 " The work is one of great value. It deals with of the compensation. All the statutes bearing on 
 
 a complicated and difficult branch of the law, and it 
 deals with it exhaustively. It is not merely a com- 
 pilation or collection of the statutes bearing on the 
 subject, with occasional notes and references. 
 Rather it may be described as a comprehensive 
 treatise on, and digest of, the law relating to the 
 compulsory acquisition and purchase of land by 
 public companies and municipal and other local 
 authorities, and the different modes of assessment 
 
 the subject have been collated, all the law on the 
 subject collected, and the decisions conveniently 
 arranged. With this comprehensiveness of scope 
 is united a clear statement of principles, and prac- 
 tical handling of the points which are likely to be 
 contested, and especially of those in which the 
 decisions are opposed or differently understood." 
 Local Government Chronicle. 
 
 In Svo., price js., cloth, 
 
 THE SUCCESSION LAWS OF 
 CHRISTIAN COUNTRIES, 
 
 WITH SPECIAL REFERENCE TO 
 
 THE LAW OF PRIMOGENITURE AS IT EXISTS 
 
 IN ENGLAND. 
 BY EYRE LLOYD, B.A., 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW. 
 
 Author of " The Law of Compensation under the Lands Clauses Consolidation 
 
 Acts" &>c. 
 
 "Mr. Lloyd has given us a very useful and compendious little digest of the laws of succession which 
 exist at the present day in the principal States of both Europe and America ; and we should say it is a book 
 which not only every lawyer, but every politician and statesman, would do well to add to his library." 
 Pall Mall Gazette. 
 
 " Mr. Eyre Lloyd compresses into little more than eighty pages a considerable amount of matter both 
 valuable and interesting ; and his quotations from Diplomatic Reports by the present Lord Lytton, ami 
 other distinguished public servants, throw a picturesque light on a narrative much of which is necessarily 
 dry reading. We can confidently recommend Mr. Kyre Lloyd's new work as one of great practical 
 utility, if, indeed, it be not unique in our language, as a book of reference on Foreign Succession Laws." 
 Law Magazine and Revieiv. 
 
 " Mr. Kyre Lloyd has composed a useful and interesting abstract of the laws on the subject of succes- 
 sion to property in Christian countries, with especial reference to the law of primogeniture in England." 
 Saturday Rei'tew. 
 
 " This Is a very useful little handy book on foreign succession lawi. It contains in an epitomised 
 form information which would have to be sought lor through a great number ol scattered authorities and 
 foreign law treatises, and will be found of great value to the lawyer, the writer, and the political 
 student." Sta ndard.
 
 It 
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAB. 
 
 In one thick volume, 8vo., 1869, price yts., cloth, 
 
 THE LAW OF RAILWAY COMPANIES. 
 
 Comprising the Companies Clauses, the Lands Clauses, the Railways Clauses Consoli- 
 dation Acts, the Railway Companies Act, 1867, and the Regulation of Railways 
 Act, 1868 ; with Notes of Cases on all the Sections, brought down to the end of 
 the year 1868; together with an Appendix giving all the other material Acts 
 relating to Railways, and the Standing Orders of the Houses of Lords and 
 Commons ; and a copious Index. By HENRY GODEFROI, of Lincoln's Inn, and 
 JOHN SHORTT, of the Middle Temple, Barristers-at-Law. 
 
 "The title of this book is the best possible 
 explanation of its contents. Here we have all the 
 statutes affecting Railway Companies, with the 
 standing orders of Parliament, in a volume exqui- 
 sitely printed, and of most convenient size and 
 form. We have also, what in effect to the prac- 
 titioner is a complete manual of reference of all the 
 decided cases on Railway Law, together with an 
 index of so copious and accurate a nature, as to 
 render the discovery of every section and every 
 authority easy in the highest degree. . . . We find 
 pages of authorities on ' transfer of shares,' ' calls,' 
 'forfeiture of shares,' ' sci. fa.' 'Lloyd's bonds,' 
 ' contracts by companies,' and ' dividends.' Then 
 
 comes a mass of matter relating to the voluntary 
 and compulsory acquisition of lands by Railway 
 Companies, while the ' compensation ' cases stretch 
 over some fifty pages. So also under the third 
 statute, there are a dozen pages on the powers and 
 duties of Railway Companies in the construction of 
 their works, while the liability of the Companies as 
 carriers of passengers and goods is also elucidated 
 in the most elaborate style. The ' Rating of Rail- 
 ways ' adds several pages of authorities. . . . We 
 believe that we have said enough to show that this 
 book will prove to be of pre-eminent value to prac- 
 titioners, both before Parliamentary committees and 
 in the Courts of Law and Equity." Law Journal. 
 
 In 8vo., price 2s. 6d., 
 
 MORIARTY ON PERSONATION AND DISPUTED IDENTITY 
 
 AND THEIR TESTS. 
 
 In a handy volume, crown 8vo., 1870, price ioj. f>d., cloth, 
 
 THE LAW OF SALVAGE, 
 
 As administered in the High Court of Admiralty and the County Courts ; with the 
 Principal Authorities, English and American, brought down to the present time ; 
 and an Appendix, containing Statutes, Forms, Table of Fees, etc. By EDWYN 
 JONES, of Gray's Inn, Barrister-at-Law. 
 
 " This book will be of infinite service to lawyers 
 practising in the maritime law courts and to those 
 engaged in shipping. In short, Mr. Jones's book 
 is a complete guide, and is full of information 
 upon all phases of the subject, tersely and clearly 
 written. It will be quite as useful to, as it is as 
 much needed by, the American lawyer as the 
 English, because the salvage laws of America and 
 England are much alike, and Mr. Jones makes 
 constant reference to American authorities. The 
 book is all the more welcome because the sub- 
 ject upon which it treats is but little understood 
 except by a favoured few. Now, however, if in- 
 terested people remain ignorant it is their own 
 fault. Mr. Jones has treated a very compli- 
 cated and difficult subject in a simple and con- 
 cise manner, and his success is commensurate with 
 
 his simplicity of style." Liverpool Journal of 
 Commerce. 
 
 "An admirable treatise on an important branch 
 of jurisprudence is compiled by Mr. Edwyn Jones, 
 of Gray's Inn, Barrister-at-Law, who, in a compact 
 volume, gives us a very comprehensive statement of 
 'The Law of Salvage,' as administered in the High 
 Court of Admiralty and the County Courts ; with 
 the principal authorities, English and American, 
 brought down to the present time, and an Appen- 
 dix containing statutes, forms, tables of fees. &c. 
 Mr. Jones has consulted a wide range of cases, 
 and systematised with much skill and clearness the 
 leading principles deducible from numerous judg- 
 ments and precedents, both here and in the United 
 States. His work is likely to become a text-book 
 on the law in question." Daily News. 
 
 In 8vo., 1867, price is., sewed, 
 
 LLOYD'S BONDS; THEIR NATURE AND USES. 
 
 By HENRY JEFFERD TARRANT, of the Middle Temple, Barrister-at-Law.
 
 STEVENS & HATNES, BELL YARD, TEMPLE BAB. 15 
 
 In Octavo, 1879, price IOT., cloth, 
 
 THE PRINCIPLES OF BANKRUPTCY. 
 
 WITH AN APPENDIX, 
 
 CONTAINING 
 
 THE GENERAL RULES of 1870, 1871, 1873, and 1878, 
 
 Scale of Costs, and the Bills of Sale Act, 1878. 
 
 BY 
 
 EICHAED BINGWOOD, B.A., 
 
 Of the Middle Temple, Esq., Barrister-at-Law; late Scholar of Trinity College, Dublin. 
 
 "The author of this convenient handbook sees the point upon which we insist elsewhere in regard to 
 
 the chief aim of any system of Bankruptcy Law which should deserve the title of National 
 
 There can be no question that a sound measure of Reform is greatly needed, and would be welcomed by 
 all parties in the United Kingdom. Pending this amendment it is necessary to know the Law as it is, 
 and those who have to deal with the subject in any of its practical legal aspects will do well to consult 
 Mr. Ringwood's unpretending but useful volume." Law Magazine. 
 
 " Mr. Ringwood tells us in his preface that his work is chiefly intended for students, and it will no 
 doubt be useful to them. On the other hand, the 'principles of bankruptcy' are not dealt with by 
 Mr. Ringwcod in the way we expected from the title of his book, which is, in fact, the Bankruptcy Act of 
 1869 itself arranged no doubt at considerable labour in about the most convenient form in which it can 
 be presented to the student. The Table of Cases is carefully prepared, reference being made in each case 
 to all the contemporary law reports. Mr. Ringwood has fairly and concisely stated the new and the old 
 law as to bills of sale, and as to the rights of trustees in bankruptcy in connection therewith." Laav Times. 
 
 " The above work is written by a distinguished scholar of Trinity College, DubKn. Mr. Ringwood 
 has chosen a most difficult and unattractive subject, but he has shown sound judgment and skill in the 
 manner in which he has executed his task. His book does not profess to be an exhaustive treatise on 
 bankruptcy law, yet in a neat and compact volume we have a vast amount of well-digested matter. The 
 reader is not distracted and puzzled by having a long list of cases flung at him at the end of each page, as 
 the general effect of the law is stated in a few well-selected sentences, and a reference given to the leading 
 decisions only on the subject. .... An excellent index, and a table of cases, where references to four 
 sets of contemporary reports may be seen at a glance, show the industry and care with which the work 
 has been done." Daily Paper. 
 
 Just published, in royal i2mo., price 14^., cloth, 
 A 
 
 CONCISE TREATISE 
 
 UPON 
 
 THE LAW OF BANKRUPTCY. 
 
 WITH AN APPENDIX, 
 
 CONTAINING 
 
 THE BANKRUPTCY ACT, 1869; GENERAL RULES OP 1870, 
 1871, 1873, AND 1878 ; 
 
 Forms of 1870 and 1871 j Scale of Costs ; the Debtors Act, 1869 ; 
 Debtors Act, 1878 ; and Bills of Sale Act, 1878. 
 
 BY 
 
 EDWABD T. BALDWIN, M.A., 
 
 Of the Inner Temple, Barrister-at-Law.
 
 16 
 
 STEVENS ft HAYNES, BELL YARD, TEMPLE BAB. 
 
 THE LAW OF CORPORATIONS. 
 
 In one volume of One Thousand Pages, royal 8vo., price 42.?., cloth, 
 A TREATISE ON THE DOCTRINE OF 
 
 ULTRA VIRES: 
 
 BEING 
 
 An Investigation of the Principles which Limit the Capacities, Powers, and Liabilities of 
 
 AND MORE ESPECIALLY OF 
 
 JOINT STOCK COMPANIES. 
 
 SECOND EDITION. 
 
 By SEWARD BRICE, M.A., LL.D., LONDON, 
 
 Of the Inner Temple, Barrister-at-Law. 
 
 REVIEWS. 
 
 "Despite its unpromising and cabalistic title, and the technical nature of its subject, it has so 
 recommended itself to the profession that a second edition is called for within three years from the first 
 publication ; and to this call Mr. Brice has responded "with the present -volume, the development of which 
 in excess of its predecessor is remarkable even in the annals of law books. Sixteen hundred new cases 
 have been introduced, and, instead of five hundred pages octavo, the treatise now occupies a thousand 
 very much larger pages. This increase in bulk is partly due to the incorporation with the English law 
 on the subject of the more important American and Colonial doctrines and decisions a course which we 
 think Mr. Brice wise in adopting, since the judgments of American tribunals are constantly becoming 
 more frequently quoted and more respectfully considered in our own courts, particularly on those novel 
 and abstruse points of law for which it is difficult to find direct authority in English reports. In the 
 present speculative times, anything relating to Joint-Stock Companies is of public importance, and the 
 points on which the constitution and operation of these bodies are affected by the doctrine of Ultra Vires 
 are just those which are most material to the interests of the shareholders and of the community at large. 
 
 Some of the much disputed questions in regard to corporations, on which legal opinion 
 
 is still divided, are particularly well treated. Thus with reference to the authority claimed by the 
 Courts to restrain corporations or individuals from applying to Parliament for fresh powers in breach 
 of their express agreements or in derogation of private rights, Mr. Brice most elaborately and ably 
 reviews the conflicting decisions on this apparent interference with the rights of the subject, which 
 threatened at one time to bring the Legislature and tlte Courts into a collision similar to that which 
 
 followed on the well-knmvn case of Ashby v. White Another very difficult point on which 
 
 Mr. Brice 's book affords full and valuable information is as to the liability of Companies on contracts 
 entered into before their formation by the promoters, and subsequently ratified or adopted by the Company, 
 
 and as to the claims of promoters themselves for services rendered to the inchoate Company The 
 
 chapter on the liabilities of corporations ex delicto for fraud and other torts committed by their agents 
 within the region of their authority seems to us remarkably well done, reviewing as it does all the latest 
 
 and somewhat contradictory decisions on the point On the whole, we consider Mr, Brice' s 
 
 exhaustive work a valuable addition to tlie literature of the profession. SATURDAY REVIEW. 
 
 "The doctrine which forms the subject of Mr. 
 Seward Brice's elaborate and exhaustive work is a 
 remarkable instance of rapid growth in modern 
 Jurisprudence. His book, indeed, now almost con- 
 stitutes a Digest of the Law of Grea't Britan and 
 her Colonies'and of the United States on the Law 
 of Corporations a subject vast enough at home, 
 but even more so beyond the Atlantic, where Cor- 
 porations are so numerous and so powerful. Mr. 
 Seward Brice relates that he has embodied a refer- 
 ence in the present edition to about 1600 new 
 cases, and expresses the hope that he has at least 
 referred to ' the chief cases.' We should think 
 there can be few, even of the Foreign Judgments 
 and Dicta, which have not found their way into his 
 pages. The question what is and what is not Ultra 
 Vires is one of very great importance in commercial 
 countries like Great Britain and the United States. 
 Mr. Seward Brice has done a great service to the 
 cause of Comparative Jurisprudence by his new 
 recension of what was from the first a unique text- 
 
 book on the Law of Corporations. He has gone 
 far towards effecting a Digest of that Law in its 
 relation to the Doctrine of Ultra Vires, and the 
 second edition of his most careful and comprehen- 
 sive work may be commended with equal confidence 
 to the English, the American, and the Colonial 
 Practitioner, as well as to the Scientific Jurist." 
 Law Magazine and Review. 
 
 " It is the law of Corporations that Mr. Brice 
 treats of (and treats of more fully, and at the same 
 time more scientifically, than any work with which 
 we are acquainted) not the law of principal and 
 agent ; and Mr. Brice does not do his book justice 
 by giving it so vague a title." Law Journal. 
 
 " A guide of very great value. Much information 
 on a difficult and unattractive subject has been 
 collected and arranged in a manner which will be 
 of great assistance to the seeker after the law on a 
 point involving the powers of a company." Law 
 Journal. (Review of First Edition.) 
 
 'On this doctrine, first introduced in the Common Law Courts in East Anglian Railway Co. v. 
 Eastern Counties Railway Co. BRICK ON ULTRA VIRES may be read with advantage." Judgment of 
 LOKD JUSTICE BRAMWELL in the Case of Evershed v. L. &* N. W. Ry. Co. (L. R., 3 Q. B. Div. 141.)
 
 STEVENS & HAYNES, BELL TAED, TEMPLE BAB. 17 
 
 Just published, Third Edition, in royal 8vo., 1879, price 32^., cloth, 
 
 THE LAW AND PRACTICE UNDER THE COMPANIES ACTS 
 
 1862, 1867, 1870, and 1877 ; 
 AND 
 
 ; THE LIFE ASSURANCE COMPANIES ACTS, 
 
 1870 to 1872. 
 
 Containing the Statutes, with the Rules, Orders, and Forms regulating Proceedings in 
 the Chancery Division of the High Court of Justice, and full Notes of the 
 Decisions, &c., &c. By H. BURTON BUCKLEY, M.A., of Lincoln's Inn, Barrister- 
 at-Law, and Fellow of Christ's College, Cambridge. 
 
 *,* This -work forms a complete Treatise on the Law relating to Joint Stock 
 
 Companies. 
 
 " The mere arrangement of the leading cases under the successive sections of the acts, and the short 
 explanation of their effect, are of great use in saving much valuable time, which would be otherwise spent 
 in searching the different digests ; but the careful manner in which Mr. Buckley has annotated the acts, 
 and placed the cases referred to under distinct headings, renders his work particularly useful to all who 
 are required to advise in the complications in which the shareholders and creditors of companies frequently 
 
 find themselves involved The Index, always an important part of a law book, is full and well 
 
 arranged." Scottish Journal of Jurisprudence. 
 
 In two volumes, royal 8vo., price 7OJ., cloth, 
 
 THE LAW 
 
 RELATING TO 
 
 SHIPMASTERS AND SEAMEN. 
 
 THEIR APPOINTMENT, DUTIES, POWERS, RIGHTS, 
 LIABILITIES AND REMEDIES. 
 
 BY JOSEPH KAY, ESQ., M.A., Q.C., 
 
 OP TRIM. COLL. CAMBRIDGE, AND OF THE NORTHERN CIRCUIT ; 
 SOLICITOR-GENERAL OK THE COUNTY PALATINE OF DURHAM ; ONE OF THE JUDGES OF THE COURT OF 
 
 RECORD FOR THE HUNDRED OF SALFORD ; 
 
 AND AUTHOR OF "THE SOCIAL CONDITION AND EDUCATION OF THE PEOPLE 
 IN ENGLAND AND EUROPE." 
 
 REVI EWS OF TH E WORK. 
 
 From the NAUTICAL MAGAZINE, July, 1875. 
 
 "It is rarely that we find a book fulfilling the 
 requirements of both classes ; full and precise 
 enough for the lawyer, and at the same time intelli- 
 gible to the non-legal understanding. Yet the two 
 volumes by Mr. Kay on thf law relating to ship- 
 masters and teamen -will, we venture to say, be of 
 equal service to the captain, the lawyer, and the 
 Consul, in their resfectii'e capacities, and even of 
 
 interest to the public generally, written as it is in a 
 clear and interesting style, and treating of a subject 
 of such vast importance as the rights and liabilities 
 and relative duties of all, passengers included, who 
 venture upon the ocean ; more than that, we think 
 that any able-seaman might read that chapter on 
 the crew with the certainty of acquiring a clearer 
 notion of his own position on board ship.
 
 18 
 
 STEVENS & HAYNES, BELL YAED, TEMPLE BAB. 
 
 THE LAW RELATING TO SHIPMASTERS AND SEAMEN, 
 
 REVIEWS OF THE WORK-wn*. 
 
 " We can make no charge of redundancy or 
 omission against our author ; but if we were called 
 upon to select any one out of the fifteen parts into 
 which the .two volumes are divided as being espe- 
 cially valuable, we should not hesitate to choose 
 that numbered three, and entitled 'The Voyage.' 
 There the master will find a succinct and compen- 
 dious ..statement of the law respecting his duties, 
 general and particular, with regard to the ship and 
 its freight from the moment when, on taking com- 
 mand, he is bound to look to the sea worthiness of 
 the ship, and to the delivery of her log at the final 
 port of destination. In Part IV. his duties are 
 considered with respect to the cargo, this being a 
 distinct side of his duplicate character, inasmuch 
 as he is agent of the owner of the cargo just as 
 much as the owner of the ship. 
 
 " Next in order of position come ' Bills of Lading ' 
 and 'Stoppage in Transitu.' We confess that on 
 first perusal we were somewhat surprised to find the 
 
 subject of the delivery of goods by the master given 
 priority over that of bills of lading ; the logical 
 sequence, however, of these matters was evidently 
 sacrificed, and we think with advantage to the 
 author's desire for unity in his above-mentioned 
 chapters on ' The Voyage.' That this is so is evi- 
 denced by the fact that after his seventh chapter 
 on the latter subject he has left a blank chapter 
 with the heading of the former and a reference 
 ante. ' The power of the master to bind the owner 
 by his personal contracts,' 'Hypothecation,' and 
 ' The Crew,' form the remainder of the contents of 
 the first volume, of which we should be glad to have 
 made more mention, but it is obviously impossible 
 to criticize in detail a work in which the bare list of 
 cited cases occupies forty-four pages. 
 
 "The question of compulsory pilotage is full of 
 difficulties, which are well summed up by Mr. Kay. 
 
 " In conclusion, we can heartily congratulate 
 Mr. Kay upon his success." 
 
 From the LIVERPOOL JOURNAL OF COMMERCE. 
 
 " ' The Law relating to Shipmasters and Seamen ' 
 such is the title of a voluminous and important 
 work which has just been issued by Messrs. Stevens 
 and Haynes, the eminent law publishers, of London. 
 The author is Mr. Joseph Kay, Q.C., and while 
 treating generally of the law relating to shipmasters 
 and seamen, he refers more particularly to their ap- 
 
 ? ointment, duties, rights, liabilities, and remedies, 
 t consists of two large vo'umes, the text occupying 
 nearly twelve hundred pages, and the value of the 
 
 work being enhanced by copious appendices and 
 index, and by the quotation of a mass of authori- 
 ties. . . . The work must be an invaluable one 
 to the shipowner, shipmaster, or consul at a foreign 
 port. The language is clear and simple, while the 
 legal standing of the author is a sufficient guarantee 
 that he writes with the requisite authority, and 
 that the cases quoted by him are decisive as regards 
 the points on which he touches." 
 
 From the LAW JOURNAL. 
 
 "The author tells us that for ten years he has 
 been engaged upon it. ... Two large volumes 
 containing 1181 pages of text, 81 pages of appen- 
 dices, 98 pages of index, and upwards of 1800 cited 
 cases, attest the magnitude of the work designed 
 and accomplished by Mr. Kay. 
 
 "Mr. Kay says that he has 'endeavoured to 
 
 compile a guide and reference book for masters, ship 
 agents, and consuls.' He has been so modest as 
 not to add lawyers to the list of his pupils ; but his 
 work will, we think, be welcomed by lawyers who 
 have to do with shipping transactions, almost as 
 cordially as it undoubtedly will be by those who 
 occupy their business in the great waters." 
 
 In crown I2mo., 1876, price 12s., cloth, 
 
 . T Ifc E A. T I S E 
 
 LOCUS STANDI OF 
 
 PETITIONERS AGAINST 
 IN PARLIAMENT. 
 
 PRIVATE BILLS 
 
 IHIIDITIOIET. 
 
 By JAMES MELLOR SMETHURST, Esq., of Trinity College, Cambridge, M.A., 
 and of the Inner Temple, Barrister-at-Law. 
 
 2 vols. 4to., 1876-77. 5/. SJ P , calf. 
 THE 
 
 PRACTICAL STATUTES OF NEW ZEALAND. 
 
 WITH NOTES AND INDEX. 
 Edited by G. B. BARTON, of the Middle Temple, Barrister-at-Law. 
 
 THE NEW ZEALAND JURIST (NEW SERIES). 
 
 JOURNAL AND LAW REPORTS. PUBLISHED MONTHLY. 
 Edited by G. B. BARTON, Barrister-at-Law, Dunedin, New Zeaknd. 
 
 The Reports include all cases of importance argued and determined in the Court of 
 Appeal of New Zealand, and in the Supreme Court in its various Districts. 
 THE NEW ZEALAND JURIST is the only Legal Journal published in New Zealand. 
 Orders for the " JURIST " will be received by 
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAR, LONDON.
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAB. 
 
 19 
 
 In one thick volume, 8vo., 1875, P" 06 2 S s -> cloth, 
 
 THE PRINCIPLES OF THE LAW OF RATING 
 
 of HEEEDITAMENTS in the OCCUPATION of COMPANIES. 
 
 BY J. H. BALFOUR BROWNE, 
 
 Of the Middle Temple, Barrister-at-Law; Registrar to the Railway Commissioners. 
 
 "The tables and specimen valuations which are 
 printed in an appendix to this volume, will be of 
 great service to the parish authorities, and to the 
 legal practitioners who may have to deal with the 
 rating of those properties which are in the occupa- 
 tion of Companies, and we congratulate Mr. Browne 
 on the production of a clear and concise book of 
 the system of Company Rating. There is no doubt 
 
 that such a work is -much needed, and we are sure 
 that all those who are interested in, or have to do 
 with public rating, will find it of great service. 
 Much credit is therefore due to Mr. Browne for his 
 able treatise a work which his experience as 
 Registrar of the Railway Commission peculiarly 
 qualified him to undertake." Law Magazine. 
 
 In 8vo., 1875, P" ce 7-f-6<, cloth, 
 
 THE LAW OF USAGES and CUSTOMS: 
 
 <a practical 
 
 BY J. H. BALFOUR BROWNE, 
 
 Of the Middle Temple, Barrister-at-Law ; Registrar to the Railway Commissioners. 
 
 " We look upon this treatise as a valuable addition to works written on the Science of Law." Canada 
 Law Journal. 
 
 " As a tract upon a very troublesome department of Law it is admirable the principles laid down are 
 sound, the illustrations are well chosen, and the decisions and dicta are harmonised so far as possible, and 
 distinguished when necessary." Irish Law Times. 
 
 "As a book of reference we know of none so comprehensive dealing with this particular branch of 
 Common Law ..... In this way the book is invaluable to the practitioner." Law Magazine. 
 
 In one volume, 8vo., 1875, price i8s., cloth, 
 
 THE PRACTICE BEFORE THE RAILWAY COMMISSIONERS 
 
 UNDEE THE EEGULATION OP EALLWAYS ACTS, 1873 and 1874 ; 
 
 With the Amended General Orders of the Commissioners, Schedule of Forms, and Table 
 of Fees : together with the Law of Undue Preference, the Law of the Jurisdiction 
 of the Railway Commissioners, Notes of their Decisions and Orders, Precedents of 
 Forms of Applications, Answers and Replies ; and Appendices of Statutes and Cases. 
 
 BY J. H. BALFOUR BROWNE, 
 
 Of the Middle Temple, Barrister-at-Law, and Registrar to the Railway Commissioners. 
 " Mr. Browne's book is handy and convenient in 
 form, and well arranged for the purposes of refer- 
 cnce ; its treatment of the subject is fully and 
 'carefully worked out : it is, so far as we have been 
 able to test it, accurate and trustworthy. It is the 
 
 work of a man of capable legal attainments, and by 
 official position intimate with his subject ; and we 
 therefore think that it cannot fail to meet a real want 
 and to prove of service to the legal profession and 
 the public." Law Magazine. 
 
 In 8vo., 1876, price 7-r. 6</., cloth, 
 
 ON THE COMPULSORY PURCHASE of the UNDEETAKINGS 
 
 OF COMPANIES BY COEPOEATTONS, 
 
 And the Practice in Relation to the Passage of Bills for Compulsory Purchase through 
 Parliament. By J. H. BALFOUR BROWNE, of the Middle Temple, Barrister-at-Law ; 
 Author of " The Law of Rating," " The Law of Usages and Customs," &c., &c. 
 
 " This is a work of considerable importance to all 
 Municipal Corporations, and it is hardly too much to 
 say that every member of these bodies should have 
 a copy by him for constant reference. Probably at 
 DO very distant date the property of all the existing 
 gas and water companies will pass under municipal 
 control, and therefore it is exceedingly desirable 
 that the principles and conditions under which such 
 transfers ought to be made should be clearly under- 
 stood. This task is made easy by the present volume. 
 The stimulus for the publication of such a work 
 was given by the action of the Parliamentary 
 Committee which last Session passed the preamble 
 of the ' Stockton and Middlesborough Corporations 
 Water Bill. 1876.' The volume accordingly con- 
 tains a full report of the case as it was presented 
 
 both by the promoters and opponents, and as this 
 was the first time in which the principle of com- 
 pulsory purchase was definitely recognised, there 
 can be no doubt that it will long be regarded as a 
 leading case. As a matter of course, many inci- 
 dental points of interest arose during the progress 
 of the case. Thus, besides the main question of 
 compulsory purchase, and the question as to whether 
 there was or was not any precedent for the Hill, the 
 questions of water compensations, of appeals from 
 one Committee to another, and other kindred sub- 
 jects were discussed. These are all treated at length 
 by the Author in the body of the work, which is 
 thus a complete legal compendium on the large 
 subject with which it so ably deals." 
 
 d 2
 
 20 
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAB, 
 
 Now ready, in 8vo., 1878, price 6s., cloth, 
 
 THE LAW RELATING TO CHARITIES, 
 
 Especially with Reference to the Validity and Construction of 
 
 CHARITABLE BEQUESTS AND CONVEYANCES. 
 
 BY 
 
 FEEDINAND M. WHITEFOED, of Lincoln's Inn, Barrister-at-Law. 
 
 "The Law relating to Charities by F. M. 
 Whiteford, contains a brief but clear exposition of 
 the law relating to a class of bequests in which the 
 intentions of donors are often frustrated by un- 
 acquaintance with the Statutory provisions on the 
 subject. Decisions in reported Cases occupy a 
 
 large portion of the text, together with the ex- 
 planations pertinent to them. The general tenor 
 of Mr. Whiteford's work is that of a'digest of Cases 
 rather than a treatise, a feature, however, which 
 will not diminish its usefulness for purposes of 
 reference." Law Magazine and Review. 
 
 In 8vo., 1872, price >]s. 6d., cloth, 
 
 AN EPITOME AND ANALYSIS 
 
 OF 
 
 SAVIGNY'S TREATISE ON OBLIGATIONS IN ROMAN LAW. 
 
 BY ARCHIBALD BROWN, M.A. 
 
 Edin. and Oxon. and B.C.L. Oxon., of the Middle Temple, Barrister-at-La\v. 
 
 "Mr. Archibald Brown deserves the thanks 
 of all interested in the science of law, whether 
 as a study or a practice, for his edition of 
 Herr von Savigny's great work on 'Obligations.' 
 Mr. Brown has undertaken a double task the 
 translation of his author, and the analysis of his 
 author's matter. That he has succeeded in reducing 
 the bulk of the original will be seen at a glance ; 
 the French translation consisting of two volumes, 
 with some five hundred pages apiece, as compared 
 with Mr. Brown's thin volume of a ihundred and 
 
 fifty pages. At the same time the pith of Von 
 Savigny's matter seems to be very successfully pre- 
 served, nothing which might be useful to the 
 English reader being apparently omitted. 
 
 " The new edition of Savigny will, we hope, be 
 extensively read and referred to by English lawyers. 
 If it is not, it will not be the fault of the translator 
 and epitomiser. Far less will it be the fault of 
 Savigny himself, whose clear definitions and accu- 
 rate tests are of great use to the legal practitioner." 
 Law Journal. 
 
 THE ELEMENTS OF ROMAN LAW. 
 
 In 216 pages 8vo., 1875, price i&r., cloth, 
 
 A CONCISE DIGEST J)F THE INSTITUTES 
 GAIUS AND" JUSTINIAN, 
 
 With copious References arranged in Parallel Columns, also Chronological and 
 Analytical Tables, Lists of Laws, &>c. &>c. 
 
 Primarily designed for the Use of Students preparing for Examination at 
 Oxford, Cambridge, and the Inns of Court. 
 
 BY SEYMOUR F. HARRIS, B.C.L., M.A., 
 
 OF WORCESTER COLLEGE, OXFORD, AND THE INNER TEMPLE, BARRISTER-AT-LAW ; 
 AUTHOR OF " UNIVERSITIES AND LEGAL EDUCATION." 
 
 "Mr. Harris's digest ought to have very great success among law students both in the 
 Inns of Court and the Universities. His book gives evidence of praiseworthy accuracy 
 and laborious condensation" LAW JOURNAL. 
 
 " This book contains a summary in English of the elements of Roman Law as contained 
 in the works of Gaius and Justinian, and is so arranged that thi reader can at once see 
 what are the opinions of either of these two writers on each point. From the very exact 
 and accurate references to titles and sections given he can at once refer to the original 
 writers. The concise manner in which Mr. Harris has arranged his digest will render 
 it most useful, not only to the students for whom it was originally written, but also to those 
 persons who, though they have not the time to wade through the larger treatises of Paste, 
 Sanders, Ortolan, and others, yet desire to obtain some knowledge oj Roman Law." 
 OXFORD AND CAMBRIDGE UNDERGRADUATES' JOURNAL. 
 
 " Mr. Harris deserves the credit of having prodiiced an epitome which will be of service 
 to those numerous students who have no time or sufficient ability to analyse the Institutes for 
 themselves." LAW TIMES.
 
 WORKS FOE LAW STUDENTS. 21 
 
 For the Preliminary Examinations before Entering into Articles of Clerkship 
 to Solicitors under the Solicitors Act, 1877. 
 
 Now ready, in a handsome 4to. volume, with Map of the World, price IQJ., cloth, 
 
 THE STUDENTS' REMINDER AND PUPILS' HELP IN 
 PREPARING FOR A PUBLIC EXAMINATION. 
 
 BY THOMAS MARSH, 
 Private Tutor, Author of an " English Grammar," &c. 
 
 " In these days of competitive examination and well-nigh universal education, students will find a 
 useful auxiliary; in the 'Student's Reminder and Pupil's Help,' by Thomas Marsh, which gives in a 
 concise form some fruitful information, that, just because it is elementary, is apt to be momentarily 
 forgotten." The Graphic. 
 
 " We welcome this compendium with great pleasure as being exactly what is wanted in this age of 
 competitive examinations. It is evidently the work of a master hand, and could only be compiled by one 
 thoroughly experienced in the work of teaching. Mr. Marsh has summarised and analysed the subjects 
 required for the preliminary examinations of law students, as well as for the University and Civil Service 
 examinations. He has paid special attention to mathematics, but the compendium also includes ancient 
 and modern languages, geography, dictation, &c. It was a happy idea to make it quarto size, and the 
 type and printing are clear and legible." Irish Law Times. 
 
 " This remarkable volume might almost be described as containing a little of everything, and any 
 student who masters its contents may fairly regard himself as standing well for such ordinary 
 examinations as he may be called upon to pass. Mr. Marsh has evidently had great experience in 
 preparing pupils for such tests, and he has in this work brought together a mass of leading points on a 
 variety of subjects for their assistance." City Press. 
 
 Now ready, Second Edition, in 8vo., price 2ls., cloth, 
 
 ENGLISH 
 
 CONSTITUTIONAL HISTORY. 
 
 From the Teutonic Invasion to the Present Time, 
 $*stjgw0 as a fei-00k far Shitois ana <%rs, 
 
 BY 
 
 T. P. TASWELL LANGMEAD, B.C.L., 
 
 Of Lincoln's Inn, Barrister-at-Law, late Tutor on Constitutional Law and Legal 
 History to the Four Inns of Court, and formerly Vinerian Scholar in the 
 
 University of Oxford. 
 Second and Enlarged Edition, revised throughout, and in many parts rewritten. 
 
 Extracts from some Reviews of the First Edition. 
 
 "We think Mr. Taswell-Langmead may be congratulated upon having compiled an 
 elementary work of conspicuous merit." Pall Mall Gazette. 
 
 " It bears marks of great industry on the part of the compiler, and is most completely 
 stocked with all the important facts in the Constitutional History of England, which are 
 detailed with much conciseness and accuracy, . . . and is very full and clear." Spectator. 
 
 " For students of history we do not know any work which we could more thoroughly 
 recommend." Law Times. 
 
 " It is a safe, careful, praiseworthy digest and manual of all constitutional history and 
 law." Globe. 
 
 "For conciseness, comprehensiveness, and clearness, we do not know of a better 
 modern book than Mr. Taswell Langmead's ' English Constitutional History.' " Notes 
 and Queries. 
 
 " The volume on English Constitutional History, by Mr. Taswell-Langmead, is exactly 
 what such a history should be." Standard. 
 
 " As a text-book for students, we regard it as an exceptionally able and complete 
 work." Law Journal. 
 
 "Mr. Taswell-Langmead has endeavoured in the present volume to bring together 
 all the most prominent features in the Constitutional History of England, and explain 
 their origin and development. It is possible to gain from a hundred pages of Mr. Lang- 
 mead's work a knowledge of the growth and progress of the present system, which 
 elsewhere could only be obtained in many volumes." Irish Law Times. 
 
 "Mr. Taswell-Langmead has thoroughly grasped the bearings of his subject. It is, 
 however, in dealing with that chief subject of constitutional history parliamentary 
 government that the work exhibits its great superiority over its rivals." Academy.
 
 22 WORKS FOE LAW STUDENTS. 
 
 Fifth Edition, in 8vo., 1880, price 25 s., cloth, 
 
 THE PRINCIPLES OF EQUITY. 
 
 31ntentieti for tljc <H0e of >tutieiit0 auto tlje ^rofetftfton. 
 
 By EDMUND H. T. SNELL, of the Middle Temple, Barrister-at-Law. 
 
 FIFTH EDITION. 
 TO "WrEHOH IS .A-ZDUDDEID 
 
 AN EPITOME OF THE EQUITY PRACTICE. 
 
 SECOND EDITION. 
 
 By ARCHIBALD BROWN, M.A. Edin. and Oxon., and B.C.L. Oxon., of the Middle 
 Temple, Barrister-at-Law ; Author of " A New Law Dictionary," "An Analysis 
 of Savigny on Obligations," and the " Law of Fixtures." 
 
 REVIEWS. 
 
 " The changes introduced by the Judicature Acts have been well and fully explained by the present 
 edition of Mr. Snell's treatise, and everything necessary in the way of revision has been conscientiously 
 accomplished. We perceive the fruitful impress of the ' amending hand ' in every page ; the results of 
 the decisions under the new system have been carefully explained, and engrafted into the original text ; 
 and in a word, Snell's work, as edited by Mr. Brown, has proved the fallacy of Bentham's description of 
 Equity as ' that capricious and inconsistent mistress of our fortunes, whose features no one is able to 
 delineate.' He has added a book, comprising 127 pages, on the present 'Practice in Equity,' as to 
 which he observes that it ' will be probably found by students very serviceable, and by practitioners very 
 handy and convenient, seeing that it embodies the whole procedure (even in its minutest details), and at 
 
 por 
 
 the work ; but at the same time, we must say that it cannot well claim to be much more than a skilful 
 precis of the procedure as formulated and prescribed by the Acts and Rules themselves, with a few 
 exceptions, but without anything like an expanded treatment such as might render that portion of the 
 work equal to the portion dealing with the principles of equity. Suggested, however, by the necessities 
 experienced by its writer in his own practice, it will doubtless prove useful to others in an equal degree ; 
 and it certainly forms a valuable and much-needed supplement to Mr. Snell's work." Irish Law 'limes, 
 " ' Snell's Equity,' as this work is so familiarly called, is a work which is probably known to students 
 of the law in all countries where the English language is spoken, and, as a matter of fact, no one who 
 attempts the study of Equity, can obtain a really proper insight into the science without a perusal, sooner 
 or later, of this book. In 1868 the ' Principles of Equity ' appeared for the first time. Ever since that 
 date it has been the standard work on the subject. The Edition before us is the fourth that has appeared, 
 and from the many additions and improvements that are embodied in it, it will, we are convinced, quite 
 equal, if not increase, its hitherto well-deserved popularity. The present edition, unlike former ones, is 
 divided into two Books. The first Book consists of the original ' Principles ' in form and style similar to 
 the edition first published by Mr. Snell, with the exception that some paragraphs have been entirely 
 re-written and additions made to it, so as to bring it more in consonance with the existing state of the 
 law. In its general character this part of the work is not much altered from former editions, as the many 
 minor errors and deficiencies have been corrected, while the language used, and the contents of the book, 
 generally, have been worked up to the level of the new procedure introduced by the sweeping and 
 important legislation which has been effected during the last five years. The second Book, comprising 
 an ' Epitome of the Equity Practice,' is an entirely new addition to the original work, and emanates from 
 the pen of Mr. Archibald Brown, B.C.L. of Oxford, and of the Middle Temple, Barrister-at-Law, who has- 
 handled his subject in an eminently able and satisfactory manner. This ' Practice in Equity' embodies 
 the whole procedure in its minutest details, and will, doubtless, be found most serviceable to practitioners 
 as well as to students. Leaving out of question the use which this part of the work will be to the 
 practitioner, there can be no doubt that to students the whole book will be as indispensable in the future 
 as it has been in the past ; and, as regards the second part^ namely that portion of the work which relates 
 to Equity Practice, we have no doubt that a proper knowledge of it will enable a student to successfully 
 pass any examinations in the subject, whether it be at the Universities, at the Inns of Court, or in the 
 Hall of the Incorporated Law Society." Oxford and Cambridge Undergraduates' Journal. 
 
 " We know of no better introduction to the Principles of Equity" 
 CANADA LAW JOURNAL. 
 
 "Within the ten years which have elapsed since the appearance of the first edition of this work, its 
 reputation has steadily increased, and it has long since been recognised by students, tutors and practitioners, 
 as the best elementary treatise on the important and difficult branch of the law which forms its subject; 
 In editing the fourth edition, Mr. Brown, while 'working up the language and contents of the book to 
 the level of the new procedure introduced by the Judicature Acts,' noting changes of the law, and 
 correcting minor errors, has wisely abstained from interference with the general character of the work, 
 which equally with its lucidity and trustworthiness has shared in gaining the approval of the profession. 
 But he has added a new feature in an Epitome of the Practice in Equity which forms a valuable comple- 
 ment to the ' Principles,' equally useful to the young practitioner and to the student, by whom Principles- 
 and Practice should be concurrently studied. We think Mr. Brown is to be congratulated on having 
 produced a really useful Epitome, which while not attempting to supersede the larger Practices, will be 
 found a safe guide to the Practitioner in all ordinary proceedings." Law Magazine and Review.
 
 WOEKS FOE LAW STUDENTS. 
 
 23 
 
 In one volume, 8vo., 1874, price i8j., cloth, 
 
 PRINCIPLES OF CONVEYANCING. 
 
 AN ELEMENTARY WORK FOR THE USE OF STUDENTS. 
 
 By HENRY C. DEANE, of Lincoln's Inn, Barrister-at-Law, sometime Lecturer to the 
 Incorporated Law Society of the United Kingdom. 
 
 " Mr. Deane is one of the Lecturers of the Incorporated Law Society, and in his elementary work 
 intended for the use of students, he embodies some lectures given at the hall of that society. It would 
 weary our readers to take them over the ground necessarily covered by Mr. Deane. The first part is 
 devoted to Corporeal Hereditaments, and the second to Conveyancing. The latter is prefaced by a very 
 interesting 'History of Conveyancing,' and for practical purposes the chapter (Ch. 2, Part II.) on 
 Conditions of Sale is decidedly valuable. The most recent legislation is handled by Mr. Deane in con- 
 nexion with the old law, the Judicature Act and the Vendor and Purchaser Act both being considered 
 in'this chapter on Conditions of Sale. We might make some interesting quotations, but the work is one 
 which those engaged in conveyancing should purchase and put on their shelves, and welcome it with the 
 recommendations which we have already recorded." Law Times. 
 
 " We hope to see this book, like SnelFs Equity, a standard class-book, in 
 all Law Schools where English law is taught" CANADA LAW JOURNAL. 
 
 " Mr. Deane has, we believe, succeeded in writing 
 the very simplest work ever published on the abstruse 
 subject of conveyancing ; and has by his language 
 and illustrations, explained points of law in a way 
 that cannot be misunderstood. For this reason, and 
 as being the most elementary work combining the 
 elements of real property law with the principles of 
 practical conveyancing, we can heartily recommend 
 it as a first book on the subject of which it treats. 
 As such we should think it would be both worthy 
 and suitable to be named as one of the books that 
 are required to be read as a preparation for the 
 various Law Examinations." The Law. 
 
 " It seems essentially the book for young convey- 
 ancers, and will, probably, in many cases supplant 
 Williams. It is, in fact, a modern adaptation of 
 Mr. Watkin's book on conveyancing, and is fully 
 equal to its prototype." Irish Law Times. 
 
 "A general review of the scope of Mr. Deane's 
 volume and a perusal of several of its chapters 
 
 have brought us to the conclusion that, though jts 
 contents are purely elementary, and it contains 
 nothing which is not familiar to the practitioner, 
 it may be extremely useful to students, and especially 
 to those gentlemen who are candidates for the 
 various legal examinations. There are so many 
 questions set now on case law that they would do 
 well to peruse this treatise of Mr. Deane's, and use 
 it in conjunction with a book of questions and 
 answers. They will find a considerable amount of 
 equity case law, especially in the second part of 
 Mr. Deane's book, which comprises in substance 
 some lectures delivered by the author at the Law 
 Institution." Law Journal. 
 
 " The first part of the volume is composed of a 
 series of chapters on corporeal hereditaments, and 
 the second part of some lectures on conveyancing 
 recently delivered by the author at the Law Insti- 
 tution. It is enough to say that Mr. Deane writes 
 clearly and to the point." Saturday Review. 
 
 In 8vo., price 6s., cloth, 
 
 A Summary of the Law and Practice 
 in Admiralty, 
 
 FOR THE USE OF STUDENTS. 
 
 BY EUSTACE SMITH, 
 Of the Inner Temple ; Author of " A Summary of Company Law." 
 
 In 8vo., price cloth, 
 
 A Summary of the Law and Practice in 
 the Ecclesiastical Courts. 
 
 FOR THE USE OF STUDENTS. 
 
 BY EUSTACE SMITH, 
 
 Of the Inner Temple ; Author of " A Summary of Company Law," and " A Summary 
 of the Law and Practice in Admiralty."
 
 2i WOBKS FOR LAW STUDENTS.; 
 
 In one volume, 8vo., price 2Qs., cloth, 
 
 INTENDED FOR THE USE OF STUDENTS AND THE PROFESSION. 
 
 BY JOHN INDERMAUR, SOLICITOR, 
 
 AUTHOR OF "A MANUAL OF THE PRACTICE OF THE SUPREME COURT," 
 " EPITOMES OF LEADING CASES," AND OTHER WORKS. 
 
 " This work, the author tells us in his Preface, is written mainly -with a view to the 
 examinations of the Incorporated Law Society ; but we think it is likely to attain a wider 
 usefulness. It seems, so far as we can judge from the parts we have examined, to be a 
 careful and clear outline of the principles of the common law. It is very readable ; and 
 not only students, but many practitioners and the public might benefit by a perusal of its 
 pages" SOLICITORS' JOURNAL. 
 
 " Mr. Indermaur has very clear notions of what a law student should be taught to 
 enable him to pass the examinations of the Incorporated Law Society. In this, his last 
 work, the law is stated carefully and accurately, and the book will probably prove 
 acceptable to students." Law Times. 
 
 " Mr. Indermaur's book will doubtless be found a useful assistant in the legal pupil 
 room. The statements of the law are, as far as they go, accurate, and have been skilfully 
 reduced to the level of learners. Mr. Indermaur possesses one great merit of an instructor 
 he is able to bring out the salient points on wide subjects in a telling manner." Law 
 Journal. 
 
 " Mr. Indermaur has acquired a deservedly high reputation as a writer of convenient 
 epitomes and compendiums of various branches of the Law for the use of students. 
 Within the limits which the author has assigned to himself, he has certainly given proof 
 of praiseworthy industry, accuracy, and clearness of exposition, which cannot fail to be 
 of the greatest advantage to the law student. The practising solicitor will also find this 
 a very useful compendium. Care has evidently been taken to note the latest decisions 
 on important points of law. A full and well-constructed Index supplies every facility 
 for ready reference." Law Magazine. 
 
 " The works of Mr. Indermaur are the necessary outcome of the existing system of 
 legal education, and are certainly admirably adapted to the needs of students. We 
 observe that, in the preface to his Principles of the Common Law, the author announces 
 that he had a collateral object in view viz., to produce a work useful to the practitioner. 
 To sessional practitioners, and those whose libraries are limited, we have no doubt that 
 this work will prove a useful acquisition ; but its special merit appears to us to be that 
 it most adequately achieves that which was the author's principal object namely, to 
 supply a book upon the subject of Common Law which, whilst being elementary and 
 readable on the one hand, yet also goes sufficiently into the subject to prepare students 
 for examination. The author, who possesses a well-established reputation as a law 
 tutor, and as an able and indefatigable writer of books for students, certainly knows 
 precisely just what it is that students require, and that desideratum he has fully supplied. 
 We might suppose that the work itself was the didactic embodiment of the prize answers 
 to a voluminous code of examination questions on the subject of common law ; and 
 presenting, as it does, a lucid, careful, and accurate outline of the elementary principles 
 applicable to contracts, torts, evidence, and damages, such a work cannot fail to prove 
 abundantly useful to the student." Irish Law Times.
 
 WORKS FOE LAW STUDENTS. 25 
 
 In Svo., 1878, price los ., cloth. 
 
 A MANUAL OF THE PRACTICE OF THE SUPREME COURT 
 OF JUDICATURE, 
 
 In the Queen's Bench, Common Pleas, Exchequer, and Chancery Divisions. Intended 
 for the use of Students. By JOHN INDERMAUR, Solicitor. 
 
 " This is a very useful student's book. It is clearly written, and gives such information as the student 
 requires, without bewildering him with details. The portion relating to the Chancery Division forms an 
 excellent introduction to the elements of the practice, and may be advantageously used, not only by 
 articledfclerks, but also by pupils entering the chambers of equity draftsmen." Solicitors' journal. 
 
 " Intended for the use of students, this book is executed with that accurate knowledge and care which 
 distinguish Mr. Indermaur. It treats carefully of the steps to be taken in the several divisions, and in the 
 appendix is given a table of some of the principal times of proceedings. Not only the student but tha 
 practitioner will find this little volume of use." Law Times. 
 
 " Mr. Indermaur's treatise is addressed to the attention of students ; and what student but knows that 
 the name of that author is a guarantee of the utility of any work so presented ? His ' Manual of Practice,' 
 while avoiding unnecessary details, furnishes a concise but complete elementary view of the procedure in 
 the Chancery and Common Law Divisions of the High Court of Justice under the English Judicature 
 Acts ; and certainly any examination on the subject must be very unreasonable that a student who has 
 mastered Mr. Indermaur's perspicuous reading on the practice could fail to pass." Irish Law Times. 
 
 Fourth Edition, in 8vo., 1877, price 6s., cloth, 
 
 AN EPITOME OF LEADING COMMON LAW CASES; 
 
 WITH SOME SHORT NOTES THEREON. 
 Chiefly intended as a Guide to "SMITH'S LEADING CASES." By JOHN INDERMAUR, 
 
 Solicitor (Clifford's Inn Prizeman, Michaelmas Term, 1872). 
 
 " We have received the third edition of the ' Epitome of Leading Common Law Cases,' by Mr. Inder- 
 maur, Solicitor. The first edition of this work was published in February, 1873, the second in April, 1874, and 
 now we have a third edition dated September, 1875. No better proof of the value of this book can be fur- 
 nished than the fact that in less than three years it has reached a third edition." Law Journal. 
 
 Third Edition, in 8vo., 1877, price 6s., cloth, 
 
 AN EPITOME OF LEADING CONVEYANCING AND 
 EQUITY CASES; 
 
 WITH SOME SHORT NOTES THEREON, FOR THE USE OF STUDENTS. 
 
 By JOHN INDERMAUR, Solicitor, Author of "An Epitome of Leading 
 Common Law Cases." 
 
 Third Edition, in 8vo., 1880, price , cloth, 
 
 SELF-PREPARATION FOR THE FINAL EXAMINATION. 
 
 CONTAINING A COMPLETE COURSE OF STUDY, WITH STATUTES, 
 
 CASES, AND QUESTIONS; 
 
 And intended for the use of those Articled Clerks who read by themselves. 
 By JOHN INDERMAUR, Solicitor. 
 
 " J" t . n * s e di'on Mr- Indermaur extends his counsels to the whole period from the intermediate 
 examination to the final. His advice is practical and sensible : and if the course of study he recommends 
 is intelligently followed, the articled clerk will have laid in a store of legal knowledge more than sufficient 
 to carry him through the final examination." Solicitors' Journal. 
 
 This book contains recommendations as to how a complete course of study for the above examination 
 should be carried out, with reference to the particular books to be read seriatim. We need only remark 
 that it is essential for a student to be set on the right tack in his reading, and that any one of ordinary 
 ability, who follows the course set out by Mr. Indermaur, ought to pass with great credit." Law Journal. 
 
 In 8vo., 1875, price 6s., cloth, 
 
 THE STUDENT'S GUIDE TO THE JUDICATURE ACTS, 
 
 AND THE RULES THEREUNDER : 
 
 Being a book of Questions and Answers intended for the use of Law Students. 
 By JOHN INDERMAUR, Solicitor. 
 
 "As the result of the well-advised method adopted by Mr. Indermaur, we have a Guide which will 
 unquestionably be found most useful, not only to Students and Teachers for the purpose of examination, 
 t to anyone desirous of acquiring a first acquaintanceship with the new system." Irish Law Times.
 
 26 
 
 WORKS FOB LAW STUDENTS. 
 
 In one volume, 8vo., price 2ls., cloth, 
 
 A NEW LAW DICTIONARY, 
 
 AND 
 
 3Fttstitute of tije tofjole ILato ; 
 
 EMBRACING FRENCH AND LATIN TERMS, AND REFERENCES TO THE 
 AUTHORITIES, CASES, AND STATUTES. 
 
 BY ARCHIBALD BROWN, 
 
 M.A. Edin. and Oxon., and B.C.L. Oxon., of the Middle Temple, Barrister-at-Law; Author 
 of the " Law of Fixtures," " Analysis of Savigny's Obligations in Roman Law," &c. 
 
 " Mr. Brown has succeeded in the first essential, that of brevity. He has 
 compressed into a wonderfully small compass a great deal of matter. Our im- 
 pression is that the "work has been careftilly executed." SOLICITORS' JOURNAL. 
 
 four hundred pages the whole law of Eng- 
 land, and has evidently bestowed much 
 pains on the execution of the task. He 
 does not, however, aim at anything higher 
 than rendering a service to students prepar- 
 ing for the Bar or for the lower branch of 
 the profession, and there can be no doubt 
 that he has produced a book of reference 
 which will be useful to the class he has had 
 in view. Mr. Brown has perhaps done 
 about as much as any one, not a rare 
 genius, could do, and his Dictionary will be 
 serviceable to those who are in want of hints 
 and references, and are content with a 
 general idea of a law or legal principle. It 
 is a handy book to have at one's elbow." 
 
 "This work, laborious and difficult as it 
 was, has been admirably carried out, and 
 the work is really what it professes to be, 
 a complete compendium. An index to a 
 dictionary is a novelty, but from the excep- 
 tional nature of the contents an index was 
 likely to be most useful, and accordingly Mr. 
 Brown has prefixed to the book a copious 
 index by which a student can at once turn to 
 the main body of the work and obtain the 
 information he requires. Authorities and 
 cases are abundantly cited, and Mr. Brown 
 can claim with justice to call his book an 
 institute of the whole law." Standard. 
 
 " In a modest preface Mr. Brown intro- 
 duces us to a rather ambitious work. He 
 has endeavoured to compress into less than 
 
 Saturday Review. 
 
 " This book has now been for some time pitblished, and we have had many 
 opportunities of referring to it. We find it an admirable Law Dictionary, and 
 something more, inasmuch as it contains elaborate historical and antiquarian 
 analyses of our legal system Ttnder the several headings. The student and the 
 literary man will find the book very useful in reading and writing. Indeed the 
 people who are not lawyers, but who nevertheless feel a desire or are tinder a 
 necessity to use legal terms, or 'who meet them in their course of study, cannot do 
 better than obtain a copy of this work and use it judiciously j they will thereby 
 be enabled to avoid the ludicrous errors into which novelists in particular, and 
 public speakers too, are often led by the inappropriate use of terms whose 
 meanings they do not perfectly comprehend." IRISH LAW TIMES. 
 
 In 8vo., price \2s., cloth, 
 
 THE LAW OF FIXTURES. 
 
 Third Edition. Including the Law under the 
 
 AGRICULTURAL HOLDINGS ACT, 1875, 
 
 Incorporating the priticipal American Decisions, and generally bringing the law down to the present time. 
 
 By ARCHIBALD BROWN, M.A. Edin. and Oxon, and B.C.L. Oxon, 
 
 OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW. 
 
 " The decisions given since the second edition of 
 this work was published in the important cases 
 of Ex parte Daglish, in re Wilde, and Ex parte 
 Barclay, in re Joyce, and several other further 
 decisions of the Courts on the Law of Fixtures, 
 have rendered a third edition desirable. The author 
 has taken the opportunity to recast the general 
 form of his treatise. ... We have aJready 
 adverted to the recent cases of Ex parte Daglish, 
 in re Wilde, and Ex parte Barclay, in re "Joyce. 
 The author treats of them at some length ; and the 
 conclusion at which he arrives is very important, 
 
 and claims the attention of legal draftsmen and 
 solicitors. 
 
 We have touched on the principal features of this 
 new edition, and we have not sj>ace for further 
 remarks on the book itself: but we may observe 
 that the particular circumstances of the cases cited 
 are in all instances sufficiently detailed to make the 
 principle of law clear ; and though very many of the 
 principles given are in the very words of the judges, 
 at the same time the author has not spared to deduce 
 his own observations, and the treatise is commend- 
 able as well for originality as for laboriousness. " 
 Law Journal.
 
 WORKS FOR LAW STUDENTS. 27 
 
 In Svo., price 2os., cloth, 
 
 PRINCIPLES OF THE CRIMINAL LAW. 
 
 INTENDED AS A LUCID EXPOSITION OF THE SUBJECT FOR THE USE 
 OF STUDENTS AND THE PROFESSION, 
 
 BY SEYMOUR F. HARRIS, B.C.L., M.A., 
 
 Of Worcester College, Oxford, and the Inner Temple, Barrister-at-Law ; Author of 
 " A Concise Digest of the Institutes of Gains and Justinian." 
 
 REVIEWS. 
 
 " There is no lack of Works on Criminal Law, but there was room for such a useful 
 handbook of Principles as Mr. Seymour Harris has sttpplied. Accustomed, by his previous 
 labours, to the task of analysing the law, Mr. Harris has brought to bear upon his present 
 work qualifications well adapted to secure the successful accomplishment of the object ivhich 
 he had set before him. That object is not an ambitious one, for it does not pretend to soar 
 above utility to the young practitioner and the student. For both these classes, and for the 
 yet wider class who may require a book of reference on the subject, Mr. Harris has produced 
 a clear and convenient Epitome of the Law. A noticeable feature of Mr. Harris's work, 
 which is likely to prove of assistance both to the practitioner and the student, consists of a 
 Table of Offences, with their legal character, their punishment, and the statute iinder which 
 it is inflicted, together with a reference to the pages where a Statement of the Law will be 
 found." LAW MAGAZINE AND REVIEW. 
 
 "This work purports to contain 'a concise exposition of the nature of crime, the various offences 
 punishable by the English law, the law of criminal procedure, and the law of summary convictions/ with 
 tables of offences, punishments, and statutes. The work is divided into four books. Book I. treats 
 of crime, its divisions and essentials ; of persons capable of committing crimes ; and of principals and 
 accessories. Book II. deals with offences of a public nature ; offences against private persons ; 
 and offences against the property of individuals. Each crime is discussed in its turn, with as 
 much brevity as could well be used consistently with a proper explanation of the legal characteristics of 
 the several offences. Book III. explains criminal procedure, including the jurisdiction of Courts, and 
 the various steps in the apprehension and trial of criminals from arrest to punishment. This part of the 
 work is extremely well done, the description of the trial being excellent, and thoroughly calculated to 
 impress the mind of the uninitiated. Book IV. contains a short sketch of 'summary convictions before 
 magistrates out of quarter sessions.' The table of offences at the end of the volume is most useful, and 
 there is a very full index. Altogether we must congratulate Mr. Harris on his adventure." Law Journal. 
 
 " Mr. Harris has undertaken a work, in our opinion, so much needed that he might 
 diminish its bulk in the next edition by obliterating the apologetic preface. The appearance 
 of his volume is as well timed as its execution is satisfactory. The author has shoivn an 
 ability of omission which is a good test of skill, and from the ovenvhelming mass of the 
 criminal law he has discreetly selected just so miich only as a learner needs to knmv, and has 
 presented it in terms -which render it capable of being easily taken into the mind. The first 
 half of the -volume is devoted to indictable offences, which are defined and explained in 
 succinct terms ; the second half treats of the prevention of offences, the courts of criminal 
 jurisdiction, arrest, preliminary proceedings before magistrates, and modes of prosecution 
 and trial ; and a brief epitome of the laws of evidence, proceedings after trial, and summary 
 convictions, with a table of offences, complete the book. The part on procedure will be found 
 particularly useful. Few young counsel, on their first appearance at sessions, have more than 
 a loose and general notion of the manner in which a trial is conducted, and often commit 
 blunders which, althotigh trifling in kind, are nevertheless seriously discouraging and 
 annoying to themselves at the outset of their career. From even such a blunder as that of 
 mistaking the order in which the speeches are made and witnesses examined, they may 
 be saved by the table of instructions given here." SOLICITORS' JOURNAL. 
 
 " Le livre de M. Seymour F. Harris est un manuel de droit criminel destine aux tftudiants en droit 
 et aux praticiens. II contient une exposition concise mais complete, sobre mais tres-clairc des faits 
 punissables, des peines edictees par la loi, de I'organisation dcs juridictions criminelles et de la maniere 
 de procdder devant elles. Ce qui est surtout precieux pour ccux auxquels cet ouvrage est destine, c'est 
 une table mdthodique des faits punis par la loi, dcs peines qui leur sont applicables et des lois qui les 
 prononcent. Cette table et I'indicution, an bas de chaque page, du texte de loi dont le reMimu est donne* 
 dans le livre, rendront cet ouvrage indispensable a ccux qui, dans ce pays, veulent connattre cette loi 
 criminelle anglaise qui s'ccarte taut de la legislation franc.ai.se, et qui est toujours 1'objet de la ruriositc 
 en ineme temps que de 1'admiration. D'ailleurs, en ce moment oh Ton souleve tant de questions touchant 
 la repression pe'nalc, cette <5tude du droit criminel anglais est devenue indispensable. On ne pourra 
 mieux la faire que dans le manuel de droit criminel dont nous parlons ici et que nous ne louons que 
 comme il le merite." Revut Gin. du Droit 1878.
 
 28 WORKS FOR LAW STUDENTS. 
 
 In one volume, 8vo., price $s. cloth, 
 
 LEADING STATUTES SUMMARISED, 
 
 FOR THE USE OF STUDENTS. 
 
 BY ERNEST C. THOMAS, 
 
 Bacon Scholar of the Hon. Society of Gray's Inn, late Scholar of Trinity College, Oxford ; 
 Author of "Leading Cases in Constitutional Law Briefly Stated." 
 
 " Will doubtless prove of much use to students for whom it is intended. . . . "" . Any student who, 
 with this brief summary as a guide, carefully studies the enactments themselves in the Revised Edition 
 of the Statutes, cannot fail to gain a very considerable acquaintance with every branch of English law." 
 
 Law Magazine. 
 
 and as a convenient book of reference." Saturday Review 
 
 In 8vo., price 6s., cloth, 
 
 LEADING CASES IN CONSTITUTIONAL LAW 
 
 BRIEFLY STATED, WITH INTRODUCTION, EXCURSUSES, AND NOTES. 
 BY ERNEST C. THOMAS, 
 
 Bacon Scholar of the Hon. Society of Gray's Inn, late Scholar of Trinity College, Oxford. 
 
 " Mr. E. C. Thomas has put together in a slim octavo a digest of the principal cases illustrating Con- 
 stitutional Law, that is to say, all questions as to the rights or authority of the Crown or persons under it, 
 as regards not merely the constitution and structure given to the governing body, but also the mode in 
 which the sovereign power is to be exercised. In an introductory essay Mr. Thomas gives a very clear 
 and intelligent survey of the general functions of the Executive, and the principles by which they are 
 regulated ; and then follows a summary of leading cases." Saturday Review. 
 
 " Mr. Thomas gives a sensible introduction and a brief epitome of the familiar leading cases." 
 Law Times. 
 
 In 8vo., price 8s., cloth, 
 
 AN EPITOME OF HINDU LAW CASES, 
 
 WITH SHORT NOTES THEREON, 
 
 And Introductory Chapters on 
 
 SOURCES OF LAW, MARRIAGE, ADOPTION, PARTITION, AND 
 
 SUCCESSION. 
 
 BY WILLIAM M. P. COGHLAN, 
 
 BOMBAY CIVIL SERVICE, JUDGE AND SESSIONS JUDGE OF TANNA,
 
 STEVENS & EAYNES, BELL YARD, TEMPLE BAR. 
 
 29 
 
 In a handy volume, price 5^., cloth, 
 
 RAILWAY PASSENGERS & RAILWAY COMPANIES: 
 
 2Dutie0, IBUfffjtg auto 
 
 By LOUIS ARTHUR GOODEVE, of the Middle Temple, 
 Barrister-at-Law. 
 
 " Mr. Goodeve's little book is a concise epitome of the Acts, Bye-laws, and Cases relating to passengers 
 and their personal luggage. It is clearly written, and the reader is able speedily enough to find any 
 point upon which he desires to inform himself." Law Journal. 
 
 " Mr. Goodeve has rendered a service to the public in making a digest of the law relating to railway 
 passengers, including the respective duties, rights, and liabilities of the Companies on the one hand and 
 passengers on the other, as laid down by the statutes and the_ decisions of the Superior Courts. The 
 various points are treated in a clear yet concise manner ; and it is to be hoped that this little work will 
 be widely studied so that people may know what are their rights, and take steps to maintain them." 
 Saturday Review. 
 
 " After reading the volume with great interest, we can only say that it is clear, compact, and accurate. 
 Passengers who want reliable information should consult this book." Sheffield Post. 
 
 EUKOPEAlSr ARBITRATION. 
 
 Part I., price "js. 6d., sewed, 
 
 LORD WESTBURTS DECISIONS. 
 
 Reported by FRANCIS S. REILLY, of Lincoln's Inn, Barrister-at-Law. 
 
 ALBERT ARBITRATION. 
 
 Parts I., II., and III., price 2$s. t sewed, 
 
 LORD GAIRNS'S DECISIONS." 
 
 Reported by FRANCIS S. REILLY, of Lincoln's Inn, Barrister-at-Law. 
 
 In 8vo., price 2is., cloth, 
 
 A TREATISE ON THE STATUTES OF ELIZABETH AGAINST 
 FRAUDULENT CONVEYANCES. 
 
 The Bills of Sale Registration Acts, and the Law of Voluntary 
 Dispositions of Property generally. 
 
 BY H. W. MAY, B.A. (Ch. Ch. Oxford), and of Lincoln's Inn, Barrister-at-Law. 
 
 " Examining Mr. May's book, we find it con- 
 structed with_an intelligence and precision which 
 render it entirely worthy of being accepted as a 
 guide in this confessedly difficult subject. The 
 subject is an involved one, but with clean and clear 
 handling it is here presented as clearly as it could 
 be. . . . On the whole, he has produced a very 
 useful book of an exceptionally scientific character." 
 Solicitors' Journal. 
 
 " The subject and the work are both very good. 
 The former is well chosen, new, and interesting ; 
 the latter has the quality which always distin- 
 guishes original research from borrowed labours." 
 American Law Review. 
 
 " We are happy to welcome his (Mr. May's) work 
 as an addition to the, we regret to say, brief cata- 
 logue of law books conscientiously executed. We 
 can corroborate his own description of his labours, 
 ' that no pains have been spared to make the book 
 as concise and practical as possible, without doing 
 so at the expense of perspicuity, or by the omission 
 of any important points. " Law Times. 
 
 " This treatise has not been published before it 
 was wanted. The statutes of Elizabeth against 
 fraudulent conveyances have now been in force for 
 more than three hundred years. The decisions 
 under them are legion in number, and not at all 
 times consistent with each other. An attempt to 
 reduce the mass of decisions into something like 
 shape, and the exposition of legal principles in- 
 volved in the decisions, under any circumstances, 
 must have been a work of great labour, and we 
 are pleased to observe that in the book before us 
 there has been a combination of unusual labour 
 with considerable professional skill. . . . We can- 
 not conclude our notice of this work without saying 
 that it reflects great credit on the publishers as well 
 as the author. The facilities afforded by Messrs. 
 Stevens and Haynes for the publication of treatises 
 by rising men in our profession are deserving of 
 all praise. We feel assured that they do not lightly 
 lend their aid to works presented for publication, 
 and that in consequence publication by such a firm 
 is to some extent a guarantee of the value of the 
 work published." Canada Law Journal.
 
 30 
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAE. 
 
 In one volume, Svo., price 25^., cloth, 
 
 AN ESSAY 
 
 PRIVILEGES OF THE SUBJECT 
 
 3(n tbe ^>ea ^fcores of t&e IReaim* 
 
 By ROBERT GREAM HALL, of Lincoln's Inn, Barrister-at-Law. Second Edition. Revised 
 and corrected, together with extensive Annotations, and references to the later 
 Authorities in England, Scotland, Ireland, and the United States. By RICHARD 
 LOVELAND LOVELAND, of the Inner Temple, Barrister-at-Law. 
 " This is an interesting and valuable book. It 
 
 treats of one of those obscure branches of the law 
 
 which there is no great inducement for a legal 
 
 writer to take up Mr. Hall, whose 
 
 first edition was issued in 1830, was a writer of 
 
 considerable power and method. Mr. Loveland's 
 
 editing reflects the valuable qualities of the ' Essay ' 
 
 itself. He has done his work without pretension, 
 
 but in a solid and efficient manner. The ' Sum- 
 mary of Contents ' gives an admirable epitome of 
 
 the chief points discussed in the ' Essay,' and 
 
 indeed, in some twenty propositions, supplies a 
 
 useful outline of the whole law. Recent cases are 
 
 noted at the foot of each page with great care and 
 
 accuracy, while an Appendix contains much valu- 
 able matter; including Lord Hale's treatise De 
 
 Jure Marts, about which there has been so much 
 
 controversy, and Serjeant Merewether's learned 
 
 argument on the rights in the river Thames. The 
 
 book will, we think, take its place as the modern 
 
 authority on the subject." Law Journal. 
 "The treatise, as originally published, was one of 
 
 considerable value, and has ever since been quoted 
 
 as a standard authority. But as time passed, and 
 
 cases accumulated, its value diminished, as it was 
 
 " The entire book is masterly" ALBANY LAW JOURNAL. 
 
 In one volume, 8vo., price I2J., cloth, 
 A TREATISE ON THE LAW RELATING TO THE 
 
 POLLUTION AND OBSTRUCTION OF WATER COURSES; 
 
 Together with a Brief Summary of the Various Sources of Rivers Pollution. 
 By CLEMENT HIGGINS, M.A., F.C.S., 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW. 
 
 necessary to supplement it so largely by reference 
 to cases since decided. A tempting opportunity 
 was, therefore, offered to an intelligent editor to 
 supply this defect in the work, and Mr. Loveland 
 has seized it, and proved his capacity in a very 
 marked manner. As very good specimens of anno- 
 tation, showing clear judgment in selection, we may 
 refer to the subject of alluvion at page 109, and the 
 rights of fishery at page 50. At the latter place he 
 begins his notes by stating under what expressions 
 a ' several fishery ' has been held to pass, pro- 
 ceeding subsequently to the evidence which is 
 sufficient to support a claim to ownership of a 
 fishery. The important question under what cir- 
 cumstances property can be acquired in the soil 
 between high and low water mark is lucidly dis- 
 cussed at page 77, whilst at page 81 we find a 
 pregnant note on the property of a grantee of 
 wreck in goods stranded within his liberty. 
 
 "We think we can promise Mr. Loveland the 
 reward for which alone he says he looks that this 
 edition of Hall's Essay will prove a most decided 
 assistance to those engaged in cases relating to the 
 foreshores of the country." Law Times. 
 
 " As a compendium of the law upon a special 
 and rather intricate subject, this treatise cannot 
 but prove of great practical value, and more 
 especially to those who have to advise upon the 
 institution of proceedings under the Rivers Pollu- 
 tion Preventive Act, 1876, or to adjudicate upon 
 those proceedings when brought." Irish Law 
 Times. 
 
 "We can recommend Mr. Higgins' Manual as 
 the best guide we possess." Public Health. 
 
 " County Court Judges, Sanitary Authorities, 
 and Riparian Owners will find in Mr. Higgins' 
 Treatise a valuable aid in obtaining a clear notion 
 of the Law on the subject. Mr. Higgins has 
 accomplished a work for which he will readily 
 be recognised as having special fitness, on account 
 
 of his practical acquaintance both with the'scientifie 
 and the legal aspects of his subject." Law Maga- 
 zine and Review. 
 
 " The volume is very carefully arranged through- 
 out, and will prove of great utility both to miners 
 and to owners of land on the banks of rivers." 
 The Mining Journal. 
 
 " Mr. Higgins writes tersely and clearly, while 
 his facts are so well arranged that it is a pleasure 
 to refer to his book for information ; and altogether 
 the work is one which will be found very useful 
 by all interested in the subject to which it relates." 
 Engineer. 
 
 "A compact and convenient manual of the law 
 on the subject to which it relates." Solicitors' 
 Journal.
 
 STEVENS & HAYNES, BELL YAED, TEMPLE BAB. 
 
 31 
 
 In 8vo., THIRD EDITION, price 2$s., cloth, 
 
 MAYNE'S TREATISE 
 
 ON THK 
 
 LAW OF DAMAGES. 
 
 JOHN D. MAYNE, 
 
 Of the Inner Temple, Barrister-at-Law ; 
 AND 
 
 LUMLEY SMITH, 
 
 Of the Inner Temple, Barrister-at-Law. 
 
 " During the twenty -two years which have elapsed since the publication of this well-knoiun 
 work, its refutation has been steadily growing, and it has long since become the recognised 
 authority on the important subject of -which it treats." LAW MAGAZINE AND REVIEW. 
 
 "This edition of what has become a standard 
 work has the advantage of appearing under the 
 supervision of the original author as well as of 
 Mr. Lumley Smith, the editor of the second edition. 
 The result is most satisfactory. Mr. Lumley 
 Smith's edition was ably and conscientiously pre- 
 pared, and we are glad to find that the reader still 
 enjoys the benefit of his accuracy and learning. 
 At the same time the book has, doubtless, been 
 improved by the reappearance of its author as co- 
 editor. The earlier part, indeed, has been to a 
 considerable extent entirely rewritten. 
 
 " Upon the general principles, according to which 
 damages are to be assessed in actions of contract, 
 Hadley y. Baxendale (9 Ex. 341) still. remains 
 the leading authority, and furnishes the text for 
 the discussion contained in the second chapter 
 of Mr. Mayne's book. Properly understood and 
 limited, the rule proposed in that case, although in 
 one respect not very happily worded, is a sound 
 one, and has been repeatedly approved both in 
 England and America. The subsequent decisions, 
 which are concisely summarized by Mr. Mayne, 
 have established that mere knowledge of special 
 circumstances is not enough, unless it can be in- 
 ferred from the whole transaction that the 
 contractor consented to become liable to the extra 
 damage. This limitation is obviously just, especially 
 in the case of persons, such as common carriers, 
 who have no option to refuse the contract. Mere 
 knowledge on their part of special circumstances 
 ought not, and, according to the dicta of the 
 judges in the Exchequer Chamber in Home 
 v. Midland Railway Company (21 W. R. 481, 
 L. R. 8 C. P. 131), would not involve the carrier in 
 additional responsibility. Mr. Mayne's criticism 
 of the numerous cases in which this matter has been 
 considered leaves nothing to be desired, and the 
 rules he deduces therefrom (pp. 32, 33) appear to us 
 to exhaust the subject. 
 
 " Mr. Mayne's remarks on damages in actions of 
 tort are brief. We agree with him that in such 
 actions the courts are governed by far looser princi- 
 ples than in contracts ; indeed, sometimes it is 
 impossible to say they are governed by any princi- 
 ples at all. In actibns for injuries to the person or 
 reputation, for example, a judge cannot do more 
 than give a general direction to the jury to give 
 what the facts proved in their judgment required. 
 And, according to the better opinion, they may give 
 damages 'for example's sake,' and mulct a rich 
 man more heavily than a poor one. In actions for 
 injuries to property, however, 'vindictive' or 
 ' exemplary ' damages cannot, except in very rare 
 cases, be awarded, but must be limited, as in con- 
 tract, to the actual harm sustained. 
 
 " The subject of remoteness of damage is treated 
 at considerable length by Mr. Mayne, and we notice 
 that much new matter has been added. Thus the 
 recent case of Riding v. Smith (24 W. R. 487, i 
 Ex. D. 91) furnishes the author with an opportunity 
 of discussing the well-known rule in Ward v. 
 Weeks (7 Bing. 211) that injury resulting from the 
 repetition of a slander is not actionable. The rule 
 has always seemed to us a strange one, if a man is 
 to be made responsible for the natural consequences 
 of his acts. For every one who utters a slander 
 may be perfectly certain that it will be repeated. 
 
 " It is needless to comment upon the arrangement 
 of the subjects in this edition, in which no alteration 
 has been made. The editors modestly express a 
 hope thatTall the English as well as the principal 
 Irish decisions up to the date have been included, 
 and we believe from our own examination that the 
 hope is well founded. We may regret that, warned 
 by the growing bulk of the book, the editors have 
 not included any fresh American cases, but we feel 
 that the omission was unavoidable. We should add 
 
 that the whole work has been thoroughly revised." 
 
 Solicitors' Journal. 
 
 " This text-book is so well known, not only as the highest authority on the subject 
 treated of, but as one of the best text-books ever written, that it would be idle for 
 us to speak of it in the words of commendation that it deserves. It is a work that 
 no practising lawyer can do without." CANADA LAW JOURNAL.
 
 32 
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 
 
 In 8vo., price 2s., sewed, 
 
 TABLE of the FOKEIGN MEEOANTILE LAWS and CODES 
 
 in Force in the Principal States of EUROPE and AMERICA. By CHARLES 
 LYON-CAEN, Professeur agrege a la Faculte de Droit de Paris ; Professeur a 
 1'Ecole libre des Sciences politiques. Translated by NAPOLEON ARGLES, 
 Solicitor, Paris. 
 
 In one volume, demy 8vo., price IOT. 6d., cloth, 
 
 PRINCIPLES OF THE LAW OF STOPPAGE IN TRANSITU 
 RETENTION, AND DELIVERY. 
 
 BY JOHN HOUSTON, of the Middle Temple, Barrister-at-Law. 
 
 " We have no hesitation in saying, that we think 
 Mr. Houston's book will be a very useful accession 
 to the library of either the merchant or the lawyer." 
 Solicitors' Journal. 
 
 " We have, indeed, met with few works which so 
 
 successfully surmount the difficulties in the way of 
 this arduous undertaking as the one before us ; for 
 the language is well chosen, it is exhaustive of the 
 law, and is systematised with great method." 
 American Law Review. 
 
 In 8vo., price IOT. 6d., cloth, 
 A REPORT OF THE CASE OF 
 
 THE QUEEN v. GURNEY AND OTHERS. 
 
 In the Court of Queen's Bench before the Lord Chief Justice COCKBURN. With an 
 Introduction, containing a History of the Case, and an Examination of the Cases 
 at Law and Equity applicable to it ; or Illustrating THE DOCTRINE OF COM- 
 MERCIAL FRAUD. By W. F. FINLASON, Barrister-at-Law. 
 
 . . "It will probably be a very long time betore the 
 prosecution of the Overend and Gurney directors is 
 forgotten. It remains as an example, and a legal 
 precedent of considerable value. It involved the 
 immensely important question where innocent mis- 
 representation ends, and where fraudulent misrepre- 
 sentation begins. 
 
 " All who perused the report of this case in the 
 columns of the Times, must have observed the 
 remarkable fulness and accuracy with which that 
 
 duty was discharged, and nothing could be more 
 natural than that the reporter should publish a 
 separate report in book form. This has been done, 
 and Mr. Finlason introduces the report by one 
 hundred pages of dissertation on the general law. 
 To this we shall proceed to refer, simply remarking 
 before doing so, that the charge to the jury has 
 been carefully revised by the Lord Chief Justice." 
 Law Times. 
 
 I2mo., price icw. 6J., cloth, 
 
 A TREATISE ON THE GAME LAWS OF ENGLAND AND WALES: 
 
 Including Introduction, Statutes, Explanatory Notes, Cases, and Index. By JOHN 
 LOCKE, M.P., Q.C., Recorder of Brighton. The Fifth Edition, in which are 
 introduced the GAME LAWS of SCOTLAND and IRELAND. By GILMORE 
 EVANS, of the Inner Temple, Barrister-at-Law. 
 
 In royal 8vo., price I or. 6d., cloth, 
 
 THE PRACTICE OF EQUITY BY WAY OF REVIVOR & SUPPLEMENT. 
 
 With Forms of Orders and Appendix of Bills. 
 By LOFTUS LEIGH PEMBERTON, of the Chancery Registrar's Office. 
 
 "Mr. Pemberton has, with great care, brought 
 together and classified all these conflicting cases, 
 and has, as far as may be, deduced principles which 
 
 will probably be applied to future cases." Soli- 
 citors' Journal. 
 
 In 8vo., price 5^., cloth, 
 
 THE LAW OF PRIORITY. 
 
 A Concise View of the Law relating to Priority of Incumbrances and of other Rights in 
 Property. By W. G. ROBINSON, M.A., Barrister-at-Law. 
 
 " Mr. Robinson's book may be recommended to I tioner with a useful supplement to larger and more '' 
 the advanced student, and will furnish the practi- I complete works." Solicitors' Journal.
 
 STEVENS & HATNES, BELL YARD, TEMPLE BAB. 
 
 33 
 
 ELECTION LA. 
 
 PRACTICE OF 
 
 In crown 8vo., price 14^., cloth, 
 A MANUAL OF THE 
 
 PARLIAMENTARY 
 
 ELECTIONS 
 
 Throughout Great Britain and Ireland. 
 
 COMPRISING 
 
 THE DUTIES OF RETURNING OFFICERS AND THEIR DEPUTIES, 
 TOWN CLERKS, AGENTS, POLL-CLERKS, &c., 
 
 AND THE 
 
 fafo of lwti<m *jw*s, Corrupt fnctias, & P*gal Japwnts. 
 
 WITH 
 
 AN APPENDIX OP STATUTES AND AN INDEX. 
 
 BY HENRY JEFFREYS BUSHBY, ESQ., 
 
 One of the Metropolitan Police Magistrates, sometime Recorder of Colchester. 
 
 FOURTH EDITION, 
 
 Adapted to and embodying the recent changes in the Law, including the Ballot Act, the 
 Instructions to Returning Officers in England and Scotland issued by the Home Office, 
 and the whole of the Statute Law relating to the subject. 
 
 Edited by HENRY HARDCASTLE, 
 
 OF THE INNER TEMPLE, BARR1STBR-AT-LAW. 
 
 "We have just received at a very opportune 
 moment the new edition of this useful work. We 
 need only say that those who have to do with 
 elections will find ' Bushby's Manual ' replete with 
 information and trustworthy, and that Mr. Hard- 
 castle has incorporated all the recent changes of 
 the law." Law jfournal. 
 
 "As far as we can judge, Mr. Hardcastle, who 
 
 is known as one of the joint editors of O'Malley 
 and Hardcastle's Election Reports, has done his 
 work well. . . . For practical purposes, as 
 a handy manual, we can recommend the work 
 to returning officers, agents, and candidates ; and 
 returning officers cannot do better than distribute 
 this manual freely amongst their subordinates, if 
 they wish them to understand their work." Soli- 
 citors' Journal. 
 
 A Companion Volume to the above, in crown 8vo., price &r., cloth, 
 
 THE LAW AND PEACTICE OF ELECTION PETITIONS, 
 
 With an Appendix containing the Parliamentary Elections Act, 1 868, the General Rules 
 for the Trial of Election Petitions in England, Scotland, and Ireland, Forms of 
 Petitions, &c. By HENRY HARDCASTLE, of the Inner Temple, Barrister-at-Law. 
 
 " Mr. Hardcastle gives us an original treatise 
 with foot notes, and he has evidently taken very 
 considerable pains to make his work a reliable 
 guide. Beginning with the effect of the Election 
 Petitions Act, 1868, he takes his readers step by 
 step through the new procedure. His mode of 
 treating die subject of 'particulars' will be found 
 
 extremely useful, and he gives all the law and 
 practice in a very small compass. In an Appendix 
 is supplied the Act and the Rules. We can 
 thoroughly recommend Mr. Hardcastle's book as a 
 concise manual on the law and practice of election 
 petitions." Law Times. 
 
 Now ready, Volume I., price 301-.; Volume II., price 2$s. ; 
 and Volume III., Part I., price $s. 
 
 REPORTS OF THE DECISIONS 
 
 OF THE 
 
 JUDGES FOR THE TRIAL OF ELECTION PETITIONS 
 
 IN ENGLAND AND IRELAND. 
 
 PURSUANT TO THE PARLIAMENTARY ELECTIONS ACT, 1868. 
 
 BY EDWARD LOUGHLIN O'MALLEY AND HENRY HARDCASTLE.
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAB. 
 
 an* fcamtes* ew$ of iaeprmte of flje <nrlj> importer*. 
 SIR BARTHOLOMEW^liWER^ PARLIAMENTARY CASES. 
 
 In 8vo., 1876, price 4/. 4^., best calf binding, 
 
 SHOWER'S CASES IN PARLIAMENT 
 
 Resolved and Adjudged upon Petitions and Writs of Error. 
 FOURTH EDITION. 
 
 CONTAINING ADDITIONAI, CASES NOT HITHERTO REPORTED. 
 
 REVISED AND EDITED BY 
 
 RICHARD LOVELAND LOVELAND, 
 
 Of the Inner Temple, Barrister-at-Law ; Editor of "Kelyng's Crown Cases," and 
 " Hall's Essay on the Rights of the Crown in the Seashore." 
 
 " Messrs. STEVENS & HAYNES, the successful publishers of the Reprints of Bellewe, 
 Cooke, Cunningham, Brookes' New Cases, Choyce Cases in Chancery, William Kelynge 
 and Kelyng's Crown Cases, determined to issue a new or fourth Edition of Shower's Cases 
 in Parliament. 
 
 "The volume, although beautifully printed on old-fashioned paper, in old-fashioned 
 type, instead of being in the quarto, is in the more convenient octavo form, and contains 
 several additional cases not to be found in any of the previous editions of the work. 
 
 "These are all cases of importance, worthy of being ushered into the light of the 
 world by enterprising publishers. 
 
 " Shower's Cases are models lor reporters, even in our day. The statements of the case, 
 the arguments of counsel, and the opinions of the Judges, are all clearly and ably given. 
 
 " This new edition with an old face of these valuable reports, under the able editorship 
 of R. L. Loveland, Esq., should, in the language of the advertisement, ' be welcomed by 
 the profession, as well as enable the custodians of public libraries to complete or add to 
 their series of English Law Reports.' " Canada Law Journal. 
 
 BELLEWE'S CASES, T. RICHARD II. 
 
 In 8vo., 1869, price $/. 3.?., bound in calf antique, 
 
 LES ANS DU ROY RICHARD LE SECOND. 
 
 Collect' ensembl' hors les abridgments de Statham, Fitzherbert, et Brooke. Per 
 RICHARD BELLEWE, de Lincolns Inne. 1585. Reprinted from the Original 
 Edition. 
 
 " No public library in the world, where English 
 law finds a place, should be without a copy of this 
 edition of Bellewe." Canada Law Journal. 
 
 "We have here a foe-simile edition of Bellewe, 
 and it is really the most beautiful and admirable 
 reprint that has appeared at any time. It is a 
 perfect gem of antique printing, and forms a most 
 interesting monument of our early legal history. 
 It belongs to the same class of works as the Year 
 Book of Edward I. 'and other similar works which 
 have been printed in our own time under the 
 auspices of the Master of the Rolls ; but is far 
 superior to any of them, and is in this respect 
 
 highly creditable to the spirit and enterprise of 
 private publishers. The work is an important link 
 in our legal history ; there are no year books of the 
 reign of Richard II., and Bellewe supplied the only 
 substitute by carefully extracting and collecting all 
 the cases he could find, and he did it in the most 
 convenient form that of alphabetical arrangement 
 in the order of subjects, so that the work is a digest 
 as well as a book of law reports. It is in fact a 
 collection of cases of the reign of Richard II., 
 arranged according to their subjects in alphabetical 
 order. It is, therefore, one of the most intelligible 
 and interesting legal memorials of the Middle 
 Ages." Law Times. 
 
 CUNNINGHAM'S REPORTS. 
 
 In 8vo., 1871, price 3/. 3-r., calf antique, 
 
 CUNNINGHAM'S (T.) Reports in K. B., 7 to 10 Geo. II. ; to which is prefixed a Proposal 
 for rendering the Laws of England clear and certain, humbly offered to the 
 Consideration of both Houses of Parliament. Third Edition, with numerous 
 Corrections. By THOMAS TOWNSEND BUCKNILL, Barrister-at-Law. 
 
 "The instructive chapter which precedes the 
 cases, entitled ' A proposal for rendering the Laws 
 of England clear and certain,' gives the volume a 
 degree of peculiar interest, independent of the value 
 of many of the reported cases. That chapter begins 
 with words which ought, for the information of 
 every people, to be printed in letters of gold. They 
 are as follows : ' Nothing conduces more to the 
 
 peace and prosperity of every nation than good 
 laws and the due execution of them.' The history 
 of the civil law is then rapidly traced. Next a 
 history is given of English Reporters, beginning with 
 the reporters of the Year Books from i Edw. III. 
 to 12 Hen. VIII. being near 200 years and after- 
 wards to the time of the author." Canada Law 
 Journal.
 
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 85 
 
 aittf 5?<itmr3' mr<> of IxrurwW of tfje (Satin 
 CHOYCE CASES IN CHANCEEY. 
 In 8vo., 1870, price 2/. 2J., calf antique, 
 
 THE PRACTICE OF THE HIGH COUKT OF CHANCERY. 
 
 With the Nature of the several Offices belonging to that Court. And the Reports of 
 many Cases wherein Releif hath been there had, and where denyed. 
 
 "This volume, in paper, type, and binding (like "Bellewe's Cases") is a facsimile of the antique edition. 
 AH who buy the one should buy the other." Canada Law yournal. 
 
 In 8vo., 1872, price 3/. y., calf antique, 
 
 SIR G. COOKE'S COMMON PLEAS REPORTS 
 
 In the Reigns of Queen Anne, and Kings G-eorge I. and II. 
 
 The Third Edition, with Additional Cases and References contained in the Notes 
 taken from L. C. J. EYRE'S MSS. by Mr. Justice NARES, edited by THOMAS 
 TOWNSEND BUCKNILL, of the Inner Temple, Barrister-at-Law. 
 
 " Law books never can die or remain long dead 
 so long as Stevens and Haynes are willing to con- 
 tinue them or revive them when dead. It is cer- 
 tainly surprising to see with what facial accuracy 
 
 an old volume of Reports may be produced by these 
 modern publishers, whose good taste is only equalled 
 by their enterprise." Canada Law Journal. 
 
 BROOKE'S NEW CASES WITH MARCH'S TRANSLATION. 
 
 In 8vo., 1873, price 4/. 4?., calf antique, 
 
 BROOKE'S (Sir Robert) New Cases in the time of Henry VIII., Edward VI., and 
 Queen Mary, collected out of Brooke's Abridgment, and arranged under years, 
 with a table, together with MARCH'S (John) Translation of BROOKE'S New Cases 
 in the time of Henry VIII., Edward VI., and Queen Mary, collected out of 
 BROOKE'S Abridgment, and reduced alphabetically under their proper heads and 
 titles, with a table of the principal matters. In one handsome volume. 8vo. 1873. 
 
 " Both the original and the translation having 
 long been very scarce, and the mispaging and other 
 errors in March's translation making, a new and 
 corrected edition peculiarly desirable, Messrs. 
 
 Stevens and Haynes have reprinted the two books 
 in one volume, uniform with the preceding volumes 
 of the series of Early Reports." Canada Law 
 yournal. 
 
 KELYNGE'S (W.) REPORTS. 
 
 In 8vo., 1873, price 4/. 4*., calf antique, 
 
 KELYNGE'S (William) Reports of Cases in Chancery, the King's Bench, &c., from the 
 3rd to the 9th year of His late Majesty King George II., during which time Lord 
 King was Chancellor, and the Lords Raymond and Hardwicke were Chief 
 Justices of England. To which are added, seventy New Cases not in the First 
 Edition. Third Edition. In one handsome volume. 8vo. 1873. 
 
 KELYNG'S (SIR JOHN) CROWN CASES. 
 
 In 8vo., 1873, price 4/. 4?., calf antique, 
 
 KELYNG'S (Sir J.) Reports of Divers Cases in Pleas of the Crown in the Reign of King 
 Charles II., with Directions to Justices of the Peace, and others; to which are 
 added, Three Modern Cases, viz., Armstrong and Lisle, the King and Plummer, 
 the Queen and Mawgridge. Third Edition, containing several additional Cases 
 never before printed, together with a TREATISE UPON THE LAW AND PROCEED- 
 INGS IN CASES OF HIGH TREASON, first published in 1793. Th fi whole carefully 
 revised and edited by RICHARD LOVELAND LOVELAND, of the Inner Temple, 
 Barrister-at-Law. 
 
 " We look upon this volume as one of the most i good service rendered by Messrs. Stevens & Haynes 
 
 important and valuable of the unique reprints of 
 Messrs. Stevens and Haynes. Little do we know 
 of the mines of legal wealth that lie buried in the 
 old law books. But a careful examination, either of 
 the reports or of the treatise embodied in the volume 
 now before us, will give the reader some idea of the 
 
 to the profession. 
 
 Should occasion arise, the 
 
 Crown prosecutor as well as counsel for the prisoner 
 will find in this volume a complete vade mecum of 
 the law of high treason and proceedings in relation 
 thereto." Canada Law yournal.
 
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 In one volume, 8vo, price 2$s., cloth, 
 
 A CONCISE TREATISE ON 
 
 International 
 
 BASED ON THE DECISIONS IN THE ENGLISH COURTS. 
 BY JOHN ALDERSON FOOTE, 
 
 Of Lincoln's Inn, Barrister-at-Law ; Chancellor's Legal Medallist and Senior Whewell 
 Scholar of International Law Cambridge University, 1873 5 Senior Student in 
 Jurisprudence and Roman Law, Inns of Court Examination Hilary Term, 1874. 
 
 "This work seems to us likely to prove of considerable use to all English lawyers who have to deal with 
 questions of private international law. Since the publication of Mr. Westlake's valuable treatise, twenty 
 years ago, the judicial decisions of English courts bearing upon different parts of this subject have greatly 
 increased in number, and it is full time that these decisions should be examined, and that the conclusions 
 to be deduced from them should be systematically set forth in a treatise. Moreover, Mr. Foote has done 
 this well." Solicitors' Journal. 
 
 " Mr. Foote has done his work very well, and the book will be useful to all who have to deal with the 
 class of cases in which English law alone is not sufficient to settle the question." Saturday Review, 
 March 8, 1879. 
 
 "The author's object has been to reduce into order the mass of materials already accumulated in the 
 shape of explanation and actual decision on the interesting matter of which he treats ; and to construct a 
 framework of private international law, not from the dicta of jurists so much as from judicial decisions in 
 English Courts which have superseded them. And it is here, in compiling and arranging in a concise 
 form this valuable material, that Mr. Foote's wide range of knowledge and legal acumen bear such good 
 fruit. As a guide and assistant to the student of international law, the whole treatise will be invaluable ; 
 while a table of cases and a general index will enable him to find what he wants without trouble." 
 Standard. 
 
 " The recent decisions on points of international law (and there have been a large number sinee Westlake's 
 publication) have been well stated. So far as we have observed, no case of any importance has been 
 omitted, and the leading cases have been fully analyzed. The author does not hesitate to criticise the 
 grounds of a decision when these appear to him to conflict with- the proper rule of law. Most of his 
 
 criticisms seem to us very just On the whole we can recommend Mr. Foote's treatise as a useful 
 
 addition to our text-books/and we expect it will rapidly find its way into the hands of practising lawyers." 
 The Journal of Jurisprudence and Scottish Law Magazine. 
 
 " Mr. Foote has evidently borne closely in mind the needs of Students of Jurisprudence as well as those 
 of the Practitioners. For both, the fact that his work is almost entirely one of Case-law, will commend 
 it as one useful alike in Chambers and in Court." Law Magazine and Review. 
 
 " Mr. Foote's book will be useful to the student One of the best points of Mr. Foote's book 
 
 is the ' Continuous Summary,' which occupies about thirty pages, and is divided into four parts Person?, 
 Property, Acts, and Procedure. Mr. Foote remarks that these summaries are not in any way intended as 
 an attempt at codification. However that may be, they are a digest which reflects high credit on the 
 author's assiduity and capacity. They are ' meant merely to guide the student ; ' but they will do much 
 more than guide him. They will enable him to get such a grasp of the subject as will render the reading 
 of the text easy and fruitful." Law Journal. 
 
 " This book is well adapted to be used both as a text-book for students and a book of reference for 
 practising barristers." Bar Examination Journal. 
 
 " This is a book which supplies the want which has long been felt for a really good modern treatise on 
 Private International Law adapted to the every-day requirements of the English Practitioner. The 
 whole volume, although designed for the use of the practitioner, is so moderate in size an octavo of 500 
 pages only and the arrangement and development of the subject so well conceived and executed, that it 
 will amply repay perusal by those whose immediate object may be not the actual decisions of a knotty 
 point but the satisfactory disposal of an examination paper." Oxford and Cambridge Undergraduates' 
 Journal. 
 
 " Since the publication, some twenty years ago, of Mr. Westlake's Treatise, Mr. Foote's book is, in 
 our opinion, the best work on private international law which has appeared in the English language. . . . 
 The work is executed with much ability, and will doubtless be found of great value by all persons who 
 have to consider questions on private international law.' Athenaum. ..
 
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 37 
 
 THE 
 
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 Price FIVE SHILLINGS each Number. 
 
 No. CCXVIII. (Vol. i, No. I. of the New QUARTERLY Series.) November, 1875. 
 
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 N.B. These two Numbers are out of print. 
 
 No. CCXX. (Vol. i, 4th Series No. III.) For May, 1876. 
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 For August, 1878. 
 
 No. CCXXX. (Vol. 4, 4th Series No. XIII.) For November, 1878. 
 
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 No. CCXXXV. (Vol. 5, 4th Series, No. XVIII.) For February, 1880 : 
 The late Baron Cleasby. By the Hon. George Denman. 
 The Growth of the " Prevalence" of Equity. By C. F. Trower, M.A., Barrister- 
 
 at-Law. 
 
 The Koeller Case and the Law of the Koran. 
 Taswell-Langmead's "English Constitutional History." 
 Mr. Blennerhassett's Marriage Law Amendment Bill. By W. P. Eversley, B.C.T.., 
 
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 Select Cases : Scottish. By Hugh Barclay, LL.D., Sheriff-Substitute, Perth. 
 Reviews of New Books. 
 Quarterly Notes. 
 Quarterly Digest of all Reported Cases, with Table of Cases and Index of Subjects. 
 
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 secure the receipt of the LAW MAGAZINE, free by post, within the 
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 88 STEVENS & HAYNES, BELL YABD, TEMPLE BAB. 
 
 Just published, in one vol., 8vo., 1878, cloth, 
 
 A TREATISE ON HINDU LAW AND USAGE. 
 
 By JOHN D. MAYNE, of the Inner Temple, Barrister-at-Law, Author of " A Treatise on 
 
 Damages," &c. 
 
 " A new work from the pen of so established an authority as Mr. Mayne cannot fail 
 to be welcome to the legal profession. In his present volume the late Officiating Advocate- 
 General at Madras has drawn upon the stores of his long experience in Southern India, 
 and has produced a work of value alike to the practitioner at the Indian Bar, or at home, 
 in appeal cases, and to the scientific jurist. 
 
 "To all who, whether as practitioners or administrators, or as students of the science 
 of jurisprudence, desire a thoughtful and suggestive work of reference on Hindu Law 
 and Usage, we heartily recommend the careful perusal of Mr. Mayne's valuable 
 treatise." Law Magazine and Review, 
 
 In 8vo., 1877, price 15*., cloth, 
 
 A DIGEST OF HINDU LAW, 
 
 As ADMINISTERED IN THE COURTS OP THE MADRAS PRESIDENCY. 
 
 ARRANGED AND ANNOTATED 
 By H. S, CUNNINGHAM, M.A., Advocate-General, Madras. 
 
 In imperial 8vo., price 4*., 
 
 A. D I O E S T 
 
 OF THE 
 
 ENGLISH AND INDIAN DECISIONS, Keported in the INDIAN 
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 By EDMUND FULLER GRIFFIN, of Lincoln's Inn, Barrister-at-Law. 
 %* Annual Subscription to the INDIAN JURIST [24 Nos.] Forty-Eight Shillings, post free. 
 
 PTJTCB: LAW! 
 
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 PEECEDENTS IN PLEADING rbeing^Forms filed of Record in 
 
 the Supreme Court of the Colony of the Cape of Good Hope. Collected and 
 Arranged by JAMES BUCHANAN. 
 
 In Crown 8vo., price 31.?. &/., boards, 
 
 THE INTRODUCTION TO DUTCH JURISPRUDENCE OF 
 
 HUGO GROTIUS, with Notes by Simon van Groenwegen van der Made, and 
 References to Van der Keesel's Theses and Schorer's Notes. Translated by 
 A. F. S. MAASDORP, B. A., of the Inner Temple, Barrister-at-Law. 
 
 In i2ino., price los. dd, t boards, 
 
 SELECT THESES on the LAWS of HOLLAND and ZEELAND. 
 
 Being a Commentary of Hugo Grotius' Introduction to Dutch Jurisprudence, and 
 intended to supply certain defects therein, and to determine some of the more 
 celebrated Controversies on the Law of Holland. By DIONYSIUS GODEFRIDUS 
 VAN DER KEESEL, Advocate, and Professor of the Civil and Modern Laws in 
 the Universities of Leyden. Translated from the original Latin by C. A. LORENZ, 
 of Lincoln's Inn, Barrister-at-Law. Second Edition, with a Biographical Notice 
 of the Author by Professor J. DE WAL, of Leyden.
 
 STEVENS & HAYNES, BELL YABD, TEMPLE BAR 
 
 39 
 
 Examination Journal 
 
 No. 24. Price 3s. 
 
 HILARY, l"880. 
 
 CONTENTS: 
 SUBJECTS OF EXAMINATION. 
 
 EXAMINATION PAPERS, WITH ANSWERS. 
 REAL AND PERSONAL PROPERTY. 
 EQUITY. 
 COMMON LAW. 
 ROMAN LAW. 
 
 LIST OF SUCCESSFUL CANDIDATES. 
 INDEX AND TITLE TO VOL. IV. 
 
 Edited by 
 
 A. D. TYSSEN, D.C.L., M.A., 
 
 Of the Inner Temple, Barrister-at-Law ; and 
 
 W. D. EDWABDS, LL.B., 
 
 Of Lincoln's Inn, Barrister-at-Law. 
 
 V* It is intended in future to publish a Number of the Journal after each 
 
 Examination. 
 
 Now published, in 8vo., price l8j., cloth. 
 
 THE BAR EXAMINATION JOURNAL, VOL, IV, 
 
 Containing the Examination Questions and Answers from Easter Term, 1878, to 
 Hilary Term, 1880, with List of Successful Candidates at each examination, 
 Notes on the Law of Property, and a Synopsis of Recent Legislation of importance 
 to Students, and other information. By A. D. TYSSEN and W. D. EDWARDS, 
 Barristers-at-Law. 
 
 In 8vo., 1878, price 5^., cloth, 
 
 A SUMMARY OF JOINT STOCK 
 COMPANIES' LAW. 
 
 T. EUSTACE SMITH, 
 
 Student of the Inner Temple. 
 
 "The author of this handbook tells us that, when 
 an articled student reading for the final examina- 
 tion, he felt the want of such a work as that before 
 us, wherein could be found the main principles of 
 law relating to joint-stock companies. . . . Law 
 students may well read it ; for Mr. Smith has very 
 wisely been at the pains of giving his authority for 
 all his statements of the law or of practice, as applied 
 to joint-stock company business usually transacted 
 in solicitors' chambers. In fact, Mr. Smith has 
 by his little book offered a fresh inducement to 
 students to make themselves at all events, to some 
 extent acquainted with company law as a separate 
 branch of study." Lain Timei. 
 
 "These pages give, in the words of the preface, 
 'as briefly and concisely as possible, a general 
 view both of the principles and practice of the law 
 affecting companies.' The work is .excellently 
 printed, and authorities are cited ; but in no case 
 is the very language of the statutes copied. The 
 plan is good, and shows both grasp and neatness ; 
 and, both amongst students and laymen,Mr. Smith's 
 book ought to meet a ready sale." Law Journal. 
 
 " The book is one from which we have derived 
 a large amount of valuable information, and we can 
 heartily and conscientiously recommend it to our 
 readers." Oxford and Catnbridgt Undergradu- 
 ate*' Journal.
 
 40 
 
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 In 8vo., price 12s., cloth, 
 
 THE LAW OF NEGLIGENCE, 
 
 SECOND EDITION. 
 
 By ROBERT CAMPBELL, of Lincoln's Inn, Barrister-at-Law, and Advocate 
 of the Scotch Bar. 
 
 "A new edition has appeared of Mr. Campbell's 
 excellent work on 'The Law of Negligence,' in 
 which no pains have been spared in collecting cases, 
 and the style of which is clear and easy." Satur- 
 day Review, March 8, 1879. 
 
 " No less an authority than the late Mr. Justice 
 Willes, in his Judgment in Oftenheim v. White 
 Lion Hotel Co., characterised Mr. Campbell's 
 ' Law of Negligence' as a ' very good book' ; and 
 since very good books are by no means plentiful, 
 
 when compared with the numbers of indifferent 
 ones which annually issue from the press, we think 
 the profession will be thankful to the author of this 
 new edition brought down tj date. It is indeed an 
 able and scholarly treatise on a somewhat difficult 
 branch of law, in the treatment of which the 
 author's knowledge of Roman and Scotch Juris- 
 prudence has stood him in good stead. We con- 
 fidently recommend it alike to the student and the 
 practitioner." Law Magazine. 
 
 BIBLIOTHECA LEQUM. 
 
 In I2mo. (nearly 400 pages), price 2J., cloth, 
 
 A CATALOGUE OF LAW BOOKS, 
 
 Including all the Reports in the various Courts of England, Scotland, and Ireland ; with 
 a Supplement to January, 1878. By HENRY G. STEVENS and ROBERT W. 
 HAYNES, Law Publishers and Booksellers ; Exporters of Law and Miscellaneous 
 Literature ; Foreign and Colonial Literary Agents, &c. &c. 
 
 In small 4to., price 2s., cloth, beautifully printed, with a large margin, for the 
 special use of Librarians, 
 
 A CATALOGUE OF THE REPORTS 
 
 IN THE VARIOUS COURTS OF THE 
 
 UNITED KINGDOM of GREAT BRITAIN and IRELAND. 
 
 ARRANGED BOTH IN ALPHABETICAL AND CHRONOLOGICAL ORDER. 
 
 BY STEVENS & HAYNES, Law Publishers. 
 
 In royal 8vo., price zSs., cloth, 
 AN INDEX TO 
 
 TEH THOUSAND PRECEDENTS IN CONVEYANCING, 
 
 AND TO 
 
 COMMON AND COMMERCIAL FORMS. 
 
 Arranged in Alphabetical order with Subdivisions of an Analytical Nature ; together 
 with an Appendix containing an Abstract of the Stamp Act, 1870, with a Schedule 
 of Duties ; the Regulations relative to, and the Stamp Duties payable on, Probates 
 of Wills, Letters of Administration, Legacies, and Successions. By WALTER 
 ARTHUR COPINGER, of the Middle Temple, Barrister-at-Law, Author of "The 
 Law of Copyright in Works of Literature and Art." 
 
 In 8vo., Fourth Edition, price 6s., cloth, THE 
 
 MARRIED WOMEN'S PROPERTY ACTS; 
 
 THEIR RELATIONS TO THE DOCTRINE OF SEPARATE USE, 
 
 of Statutes! antJ 
 
 By the late J. R. GRIFFITH, B.A., Oxon, of Lincoln's Inn, Barrister-at-Law. Fourth 
 Edition. By W. GREGORY WALKER, of Lincoln's Inn, Barrister-at-Law; 
 Author of "A Manual of the Law of Partition," &c. 
 
 " The subject of this little treatise is one which is of every-day interest and practical importance, and 
 the public and practitioner will find in this edition a brief but pithy statement of the laws, comprising the 
 Acts themselves, and the Cases bearing upon their construction." Law Times.
 
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 In octavo, price is. 
 
 THE "SIX CLERKS IN CHANCERY;" 
 
 Their SUCCESSORS IN OFFICE, and the "HOUSES" they lived in. A Remi- 
 niscence. By THOMAS W. BRAITHWAITE, of the Record and Writ Clerks' Office. 
 
 " The removal of the Record and Writ Office to the new building, has suggested the 
 publication of an interesting and opportune little piece of legal history." Solicitors' 
 Journal. 
 
 " Should reach the hands of everybody who take any interest in legal lore ..... " 
 Courier, 
 
 " We can cordially recommend for general perusal Mr. Braithwaite's pamphlet, which 
 merits perusal for the reason that it gives an admirable account of, perhaps, the most 
 ancient office in the Civil Service of the Crown." Civil Service Gazette. 
 
 Second Edition in one volume of \,QQO pages, royal Sw., price 50?., cloth, 
 
 ON 
 
 JUDGMENTS AND ORDERS. 
 
 BEING 
 
 A TREATISE UPON THE JUDGMENTS, DECREES, 
 AND ORDERS 
 
 OF THE COURT OF APPEAL AND HIGH COURT OF JUSTICE, 
 
 Chiefly in reference to Actions assigned to the Chancery Division. 
 WITH COMPLETE FORMS OF ORDERS. 
 
 gbcconfr @frttton, consftcraftlg enlarges* 
 BY LOFTUS LEIGH PEMBERTON, 
 
 One of the Registrars of the Supreme Court of Judicature ; 
 Author of " The Practice in Equity by way of Revivor and Supplement" 
 
 REVIEWS OF THE FIRST EDITION. 
 
 "This is a work with an unpretending title, which in reality contains much more than would naturally 
 be inferred from its title page. . . . The work before us contains, not only a copious and well-selected 
 assortment of precedents, taken in every instance from orders actually made (and with proper references 
 to the reports in all instances of reported cases), but also a series of notes, in which the result of the 
 leading cases is succinctly given in a highly-convenient, though somewhat fragmentary, form ; by the 
 light of which the practitioner will, in all ordinary cases, be easily able to adapt the opposite precedent 
 to the general circumstances of his own case. We consider the beok one of great merit and utility, and 
 we confidently recommend it to the consideration of the Profession." Solicitors' Journal. 
 
 " This volume, Mr. Pemberton tells us, is the result of labour commenced so long ago as 1869. It has 
 had the benefit, therefore, of patient care, and patience and care having been backed up by extensive 
 knowledge and keen discrimination, a work has been produced which, whilst it is not likely to bring its 
 author any high reward, must permanently record his name in legal literature, and prove to the Profession 
 and the Bench a very decided acquisition. 
 
 " Mr.' Pemberton has digested the cases without expressing any opinion as to their soundness or applica- 
 bilitynot giving head notes as too many text writers are fond of doing, without taking the trouble to 
 consider whether the' reporter has correctly epitomised the case, but stating in a few words the effect of 
 each decision. This makes the work a compendium of case law on the various subjects comprehended in 
 it. How comprehensive it is we find it impossible accurately to represent to our readers without setting 
 out the table of contents. We have looked through it more than once ; we have carefully examined the 
 citations, and we have formed the very highest opinion of the plan of the work and its execution, 
 and we feel that Mr. Pemberton has placed the entire profession under a lasting obligation." Law Timet. 
 
 " The operation of the Judicature Acts, with the new rules and orders, not only made an opportunity for, 
 but even necessitated, a new pubjication of forms of judgments and orders. We may safely say that Mr. 
 Loftus Leigh Pemberton's work, in our opinion, should take its rank among the most valuable publications 
 that have been issued of late." Law Journal.
 
 42 STEVENS & HAYNES, BELL YARD, TEMPLE BAB. 
 
 In one volume, 8vo., price i6j., cloth, 
 
 A CONCISE TEEATISE OK THE STATUTE LAW 
 
 OF THE 
 
 LIMITATIONS OF ACTIONS, 
 
 With an Appendix of Statutes, Copious References to English, Irish, and American Cases, 
 and to the French Code, and a Copious Index. 
 
 BY HENRY THOMAS BANNING, M.A., 
 
 OF THE INNER TEMPLE, BARRISTER -AT-LAW. 
 
 " In this work Mr. Banning has grappled with one of the most perplexing branches of our statute law. 
 The law, as laid down by the judicial decisions on the various Statutes of Limitations, is given in thirty- 
 three short chapters under as many headings, and each chapter treats of a sub-division of one of the main 
 branches of the subject ; thus we have ten chapters devoted to real property. This arrangement entails a 
 certain amount of repetition, but is not without its advantages, as the subject of each chapter is tolerably 
 exhaustively treated of within the limits of a few pages. We think that in this respect the author has 
 exercised a wise discretion. So far as we have tested the cases cited, the effect of the numerous decisions 
 appears to be accurately given indeed, the author has, as we are informed in the preface, ' so far as is 
 consistent with due brevity, employed the ipsissima verba of the tribunal ;' and the cases are brought down 
 
 to a very recent date The substance of the book is satisfactory ; and we may commend it 
 
 both to students and practitioners." Solicitors' Journal. 
 
 _"Mr. Banning's,' Concise Treatise' justifies its title. He brings into a convenient compass a general 
 view of the law as to the limitation of actions as it exists under numerous statutes, and a digest of the 
 principal reported cases relating to the subject which have arisen in the English and American courts." 
 Saturday Review. 
 
 " Mr. Banning has adhered to the plan of printing the Acts in an appendix, and making his book a 
 running treatise on the case-law thereon. The cases have evidently been investigated with care and 
 digested with clearness and intellectuality." Law Journal. 
 
 In 8vo., price 8.T., cloth, 
 
 THE TRADE MARKS REGISTRATION ACT, 1875, 
 
 And the Rules thereunder ; THE MERCHANDISE MARKS ACT, 1862, with an 
 Introduction containing a SUMMARY OF THE LAW OF TRADE MARKS, 
 together with practical Notes and Instructions, and a copious INDEX. By 
 EDWARD MORTON DANIEL, of Lincoln's Inn, Barrister-at-Law. 
 
 een very carefully done. 
 
 -,__, as practically required, 
 
 on the subject of trade marks. The publication is opportune, the subject being one which must nearly 
 concern a considerable portion of the public, and it may be recommended to all who desire to take 
 advantage of the protection afforded by registration under the new legislation. It is practical, and seems 
 to be complete in every respect. The volume is well printed and neatly got up." Law Times. 
 
 In 8vo., price is., sewed, 
 
 AN ESSAY ON THE 
 
 ABOLITION OF CAPITAL PUNISHMENT, 
 
 Embracing more particularly an Enunciation and Analysis of the Principles of Law as 
 applicable to Criminals of the Highest Degree of Guilt. 
 
 BY WALTER ARTHUR COPINGER, 
 
 OF THE MIDDLE TEMPLE, ESQ., BARRISTER-AT-LAW; 
 Author of "The Law of Copyright in Works of Literature and Art," "Index to 
 
 Precedents in Conveyancing," " On the Custody and Production of Title Deeds." 
 " We can recommend Mr. Copinger's book as containing the fullest collection we have seen of facts and 
 quotations from eminent jurists, statistics, and general information bearing on the subject of capital 
 punishment." Manchester Courier. 
 
 In one volume, 8vo., price 15^., cloth, 
 
 A TREATISE ON THE 
 
 LAW OF REVIEW IN CRIMINAL CASES, 
 
 WITH A COMMENTAKY 
 
 ON THE SUMMARY PROCEDURE ACT, 1864, AND THE SUMMARY 
 PROSECUTIONS APPEALS (SCOTLAND) ACT, 1875. 
 
 WITH AN APPENDIX 
 CONTAINING THE STATUTES ; WITH NOTES AND CASES. 
 
 BY THE HON. HENRY J. MONCREIFF, 
 
 ADVOCATE.
 
 STEVENS & HAYNES, BELL YAED, TEMPLE BAR. 
 
 43 
 
 In 8vo., price 6s., cloth, 
 
 THE PARTITION ACTS, 1868 AND 1876. 
 
 A MANUAL OF THE 
 
 LAWOFPAKTITION AND OF SALE IN LIEU OFPAKTITION. 
 
 With the Decided Cases, and an Appendix containing Decrees and Orders. 
 
 BY W. GREGORY WALKER, 
 
 OF LINCOLN'S INN, BARRISTER-AT-LAW, B.A. AND 
 "This is a very painstaking and praiseworthy 
 little treatise. That such a work has now been 
 
 Eublished needs, in fact, only to be announced ; 
 >r, meeting as it does an undoubted requirement, 
 it is sure to secure a place in the library of every 
 
 equity practitioner We are gratified to be 
 
 able to add our assurance that the practitioner will 
 find that his confidence has not been misplaced, and 
 that Mr. Walker's manual, compact and inexpen- 
 sive as it is, is equally exhaustive and valuable." 
 Irish Law Times. 
 
 " This handy-book contains the above-mentioned 
 Partition Acts, with a manual of the law of partition, 
 
 LATE SCHOLAR OF EXETER COLLEGE, OXFORD. 
 
 and of sale in lieu of partition, and with the decided 
 cases and an appendix containing decrees and 
 orders. There are so many actions under the Par- 
 tition Acts, that there is little doubt this small 
 volume, containing as it does not merely references 
 to all the reported cases, but the pith of the deci- 
 sions extracted therefrom, will prove exceedingly 
 useful. The appendix of decrees and orders, taken 
 from the registrar's books kept in the Report Office, 
 will be of great service to solicitors and counsel in 
 settling minutes. Several of the judgments quoted 
 will also help to keep those who have the conduct 
 of partition suits in the right road." Law Journal. 
 
 In 8vo., price 2U., cloth, 
 
 A TREATISE ON THE LAW AND PRACTICE RELATING TO INFANTS, 
 
 BY ARCHIBALD H. SIMPSON, M.A., 
 
 Of Lincoln's Inn, Esq., Barrister-at-Law, and Fellow of Christ's College, Cambridge. 
 
 able to test it, the work omits no point of any im- 
 
 " Mr. Simpson's book comprises the whole of the 
 law relating to infants, both as regards their per- 
 sons and their property, and we have not observed 
 any very important omissions. The author has 
 evidently expended much trouble and care;upon 
 his work, and has brought together, in a concise 
 and convenient form, the law upon the subject down 
 to the present time/'' Solicitors' Journal. 
 
 "Its law is unimpeachable. We have detected 
 no errors, and whilst the work might have been 
 done more scientifically, it is, beyond all question, 
 a compendium of sound legal principles." Law 
 
 " Mr. Simpson has arranged the whole of the Law 
 relating to Infants with much fulness of detail, and 
 yet in comparatively little space. The result is 
 due mainly to the businesslike; condensation of his 
 style. Fulness, however, has by no means been 
 sacrificed to brevity, and, so far as we have been 
 
 portance, from the earliest cases to the last. In 
 the essential qualities of clearness, completeness, 
 and orderly arrangement it leaves nothing to be 
 desired. 
 
 '' Lawyers in doubt on any point of law or prac- 
 tice will find the information they require, if it can 
 be found at all, in Mr. Simpson's book, and a 
 writer of whom this can be said may congratulate 
 himself on having achieved a considerable success." 
 Law Magazine, February, 1876. 
 
 " The reputation of ' Simpson on Infants ' is 
 now too perfectly established to need any enco- 
 miums on our part ; and we can only say that, as 
 the result of our own experience, we have invariably 
 found this work an exhaustive and trustworthy 
 repertory of information on every question con- 
 nected with the law and practice relating to its 
 subject." Irish Law Times, July 7, 1877. 
 
 In 8vo., price 6s., cloth, 
 
 THE LAW CONCEKNING THE 
 
 REGISTRATION OF BIRTHS AND DEATHS 
 
 IN ENGLAND AND WALES, AND AT SEA. 
 
 the whole Statute Law upon the subject ; together with a list of Registration Fees 
 and Charges. Edited with Copious Explanatory Notes and References, and an 
 Elaborate Index. By ARTHUR JOHN FLAXMAN, of the Middle Temple, 
 Barrister-at-Law. 
 
 " Mr. Flaxntfin's unpretentious but admi- 
 rable little book makes the duties of all parties 
 under the Act abundantly clear. . . . Lawyers 
 will find the book not only handy, but also instruc- 
 tive and suggestive. Ta registrars, and all persons 
 engaged in the execution of the law, the book-will 
 be invaluable. The index occupies thirty-five pages, 
 and is so full that information on a minute point can 
 be obtained without trouble. It is an index that 
 must have cost the author much thought and time. 
 The statements of what is to be done, who may do 
 it, and tvhat must not be done, are so clear that it 
 is well nigh impossible for any one who consults 
 the book to err. Those who use ' Flaxman's Regis- 
 
 tration of Births and Deaths ' will admit that our 
 laudatory criticism is thoroughly merited." Law 
 Journal. 
 
 "Mr. Arthur John Flaxman, barrister-at-Iaw, of 
 the Middle Temple, has published a small work on 
 ' The Law Concerning the Registration of Births 
 and Deaths in England and Wales, and at Sea.' 
 Mr. Flaxman has pursued the only possible plan, 
 giving the statutes and references to cases. The 
 remarkable feature is the index, which fills no less 
 than 45 out of a total of 112 pages. _ The index 
 alone would be extremely useful, and is worth the 
 money asked for the work." Law Times,
 
 STEVENS & HAYNES, BELL YABD, TEMPLE EAR. 
 
 THE LAW OF EXTRADITION. 
 
 Second Edition, in Svo., price l8j., cloth, 
 
 A TREATISE UPON 
 
 THE LAW OF EXTRADITION. 
 
 WITH THE 
 
 CONVENTIONS UPON THE SUBJECT EXISTING BETWEEN 
 ENGLAND AND FOREIGN NATIONS, 
 
 AND 
 
 THE CASES DECIDED THEREON, 
 
 BY EDWARD CLARKE, 
 
 OF LINCOLN'S INN, BARRISTER-AT-LAW, AND LATE TANCRED STUDENT. 
 
 " Mr. Clarke's accurate and sensible book is the best authority to which the English 
 reader can turn upon the subject of Extradition." Saturday Review. 
 
 " The opinion we expressed of the merits of this work when it first appeared has been 
 fully justified by the reputation it has gained. This new edition, embodying and ex- 
 plaining the recent legislation on extradition, is likely to sustain that reputation 
 
 There are other points we had marked for comment, but we must content ourselves with 
 heartily commending this new edition to the attention of the profession. It is seldom we 
 come across a book possessing so much interest to the general reader and at the same 
 time furnishing so useful a guide to the lawyer." Solicitors' Journal. 
 
 ' ' The appearance of a second edition of this treatise does not surprise us. It is a 
 useful book, well arranged and well written. A student who wants to learn the principles 
 and practice of the law of extradition will be greatly helped by Mr. Clarke. Lawyers 
 who have extradition business will find this volume an excellent book of reference. 
 Magistrates who have to administer the extradition law will be greatly assisted by a 
 careful perusal of ' Clarke upon Extradition." This may be called a warm commenda- 
 tion, but those who have read the book will not say it is unmerited. We have so often 
 to expose the false pretenders to legal authorship that it is a pleasure to meet with a 
 volume that is the useful and unpretending result of honest work. Besides the Appendix, 
 which contains the extradition conventions of this country since 1843, we have eight 
 chapters. The first is ' Upon the Duty of Extradition ; ' the second on the ' Early 
 Treaties and Cases ; ' the others on the law in the United States, Canada, England, and 
 France, and the practice in those countries." Law Journal. 
 
 " One of the most interesting and valuable contributions to legal literature which it 
 has been our province to notice for a long time, is ' Clarke's Treatise on the Law of 
 
 Extradition.' Mr. Clarke's work comprises chapters upon the Duty of 
 
 Extradition ; Early Treaties and Cases ; History of the Law in the United States, in 
 Canada, in England, in France, &c., with an Appendix containing the Conventions 
 
 existing between England and Foreign Nations, and the Cases decided thereon 
 
 The work is ably prepared throughout, and should form a part of the library of every 
 lawyer interested in great Constitutional or International Questions." Albany Law 
 Journal. 
 
 THE TIMES of September 7, 1874, in a long article upon "Extradition Treaties," 
 makes considerable use of this work, and writes of it as " Mr. Clarke's useful Work 
 on Extradition." 
 
 In 8vo., 1876, price 8s., cloth, 
 
 THE PRACTICE AND PROCEDURE IN APPEALS 
 FROM INDIA TO THE PRIVY COUNCIL. 
 
 By E. B. MICHELL and R. B. MICHELL, Barristers-at-Lmo. 
 
 " A useful manual arranging the practice in convenient order, and giving the rules in force in several 
 Courts. It will be a decided acquisition to those engaged in Appeals from India." Law Times.
 
 STEVENS & HAYNES, BELL YAED, TEMPLE BAB. 
 
 45 
 
 PRACTICE OF CONVEYANCING. 
 
 In 8vo., price 2s. 6d., cloth, 
 
 FROM 1815 TO THE PRESENT TIME. 
 WALTER ARTHUR COPINGER, 
 
 OF THE MIDDLE TEMPLE, ESQUIRE, BARRISTER-AT-LAW ; 
 
 Author of " The Law of Copyright in Works of Literature and Art' " Index to Precedents in 
 Conveyancing" " Title Deeds" &*c. 
 
 " Conveyancers owe Mr. Copinger a debt of 
 gratitude for his valuable Index to Precedents in 
 Conveyancing ; and we think the little book now 
 before us will add to their obligations. Mr. Copinger 
 gives, first of all, an abstract of the Stamp Act, 
 1870, with the special regulations affecting con- 
 veyances, mortgages, and settlements in full. He 
 then presents in a tabular form the ad valorem 
 stamp duties on conveyances, mortgages, and 
 settlements, payable in England from the zst of 
 
 " This book, or at least one containing the same amount of valuable and well-arranged 
 information, should find a place in every Solicitor's office. It is of especial value when 
 examining the abstract of a large number of old title deeds." L,A\V TIMES. 
 
 Mr. W. A. Copinger, so well known for his j His Tablet of Stamp Duties, front 1815 to 1878, 
 
 September, 1815, to the loth of October, 1850, and 
 then tables of ad valorem duties payable on the 
 three classes of instruments since the ]ast-mentioned 
 date, and at the present time ; arranged very clearly 
 in columns. We cannot pretend to have checked 
 the figures, but those we have looked at are correct : 
 and we think this little book ought to find its way 
 into a good many chambers and offices." Soli- 
 citors' Journal. 
 
 work on Title Deeds, was eminently calculated to 
 assist the practitioner in unravelling the perplexities 
 often surrounding the question of the due Stamping 
 of Deeds, set out in Abstracts laid before Counsel. 
 
 have already been tested in Chambers, and being 
 now published, will materially lighten the labours 
 of the profession in a tedious department, yet one re- 
 quiring great care." Law Magazine arid Review. 
 
 In one volume, 8vo., price 14?., cloth, 
 
 title fee&s: 
 
 THEIR CUSTODY, INSPECTION, AND PRODUCTION, 
 Sit Hato, in CEquitp and m fattens of Confoepancmg;, 
 
 Including Covenants for the Production of Deeds and Attested Copies ; with an Appendix 
 of Precedents, the Vendor and Purchaser Act, 1874, &c., &c., &c. By WALTER 
 ARTHUR COPINGER, of the Middle Temple, Barrister-at-Law ; Author of " The 
 Law of Copyright" and " Index to Precedents in Conveyancing." 
 
 "In dealing with 'documentary evidence at 
 law and in equity and in matters of conveyancing, 
 including covenants for the production of deeds 
 and attested copies,' Mr. Copinger has shown 
 discrimination, for it is a branch of the general 
 subject of evidence which is very susceptible of 
 independent treatment. We are glad, therefore, 
 to be able to approve both of the design and the 
 manner in which it has been executed. 
 
 " The literary execution of the work is good 
 enough to invite quotation, but the volume is not 
 
 large, and we content ourselves with recommend- 
 ing it to the profession." Law Times. 
 
 " A really good treatise on this subject must be 
 essential to the lawyer ; and this is what we have 
 here. Mr. Copinger has supplied a much-felt want 
 by the compilation of this volume. We have not 
 space to go into the details of the book ; it appears 
 well arranged, clearly written, and fully elaborated. 
 With these few remarks we recommend this volume 
 to our readers." Law Journal. 
 
 In one volume, 8vo., 1870, price cloth, 
 
 THE LAW OF COPYRIGHT, 
 
 In Works of Literature and Art ; including that of the Drama, Music, Engraving, 
 Sculpture, Painting, Photography, and Ornamental and Useful Designs ; together 
 with International and Foreign Copyright, with the Statutes relating thereto, 
 and References to the English and American Decisions. By WALTER ARTHUR 
 COPINGER, of the Middle Temple, Barrister-at-Law. 
 
 _ "A book that is certainly the most complete trea- "The book is a thoroughly good one." Tht 
 
 tise upon the complex subject of copyright which Bookseller. 
 
 has ever been published in England." Athentrum. "We refer our readers to this capital book 
 
 "A work much needed, and which he has done on Copyright." The Publisher? Circular. 
 exceedingly well." American Law Review.
 
 46 STEVENS & HAYNES, BELL YARD, TEMPLE BAB. 
 
 Second Edition in preparation. 
 
 A MAGISTERIAL & POLICE GUIDE: 
 
 Being: tlje Statute Hato, 
 
 INCLUDING THE SESSION OF 1879, 
 
 WITH NOTES AND REFERENCES TO THE DECIDED CASES, 
 
 RELATING TO THE 
 
 PROCEDURE, JURISDICTION, AND DUTIES OF MAGISTRATES 
 AND POLICE AUTHORITIES, 
 
 IN THE METROPOLIS AND IN THE COUNTRY. 
 
 With an Introduction showing the General Procedure before Magistrates 
 both in Indictable and Summary Matters, as altered by the Summary 
 Jurisdiction Act, 1879 together with the Rules under the said Act. 
 BY HENRY C. GREENWOOD, 
 
 Stipendiary Magistrate for the District of the Staffordshire Potteries ; 
 
 TEMPLE C D MARTIN, 
 
 Chief Clerk of the Lambeth Police Court. 
 
 NOTICES OF THE FIRST EDITION. 
 
 "For the form of the work we have nothing but commendation. We may say we have 
 here our ideal law book. It may be said to omit nothing which it ought to contain." 
 Law Times. 
 
 " This handsome volume aims at presenting a comprehensive magisterial handbook 
 for the whole of England. The mode of arrangement seems to us excellent, and is well 
 carried out." Solicitors' Journal. 
 
 " As to the care with which the work has been executed, a somewhat minute exami- 
 nation of three or four of the divisions enables us to speak on the whole favourably." 
 Solicitors' Journal. 
 
 " Great pains have evidently been taken in every part of the work to ensure correct- 
 ness ; and this quality, together with that of its great comprehensiveness, can scarcely 
 fail to render this guide to procedure before magisterial and police authorities eminently 
 acceptable to the many classes of persons to whom full and accurate information on the 
 subject it deals with is often of the utmost importance." Morning Post. 
 
 " The Magisterial and Police Guide, by Mr. Henry Greenwood and Mr. Temple 
 Martin, is a model work in its conciseness, and, so far as we have been able to test it, 
 in completeness and accuracy. It ought to be in the hands of all who, as magistrates or 
 otherwise, have authority in matters of policed Daily News. 
 
 " Both to justices and practitioners desirous of obtaining a book of reference giving 
 the present practice of the courts, this book will be found of great service nay, almost 
 invaluable." Liverpool Mercury. 
 
 " Mr. Greenwood, stipendiary magistrate in the Staffordshire Potteries district, and 
 Mr. Martin, of the Southwark Police Court, have produced a portly magisterial hand- 
 book applicable to the whole of England. It contains all the statute law relating to the 
 procedure, jurisdiction, and duties of magistrates and police authorities, with notes and 
 references to recent decisions, and appears to be put together, as might be expected 
 from the professional experience of the authors, in a thorough and business-like manner." 
 Saturday Review. 
 
 " This work is eminently practical, and supplies a real want. It plainly 
 and concisely states the law on all points upon which Magistrates are called 
 upon to adjudicate, systematically arranged, so as to be easy of reference. It 
 ought to find a place on every Justice's table, and we cannot but think that its 
 usefulness will speedily ensure for it as large a sale as its merits deserve" 
 Midland Counties Herald, 
 
 " The exceedingly arduous task of collecting together all the enactments on the subject 
 has been ably and efficiently performed, and the arrangement is so methodical and precise 
 that one is able to lay a finger on a Section of an Act almost in a moment. It is won- 
 derful what a mass of information is comprised in so comparatively small a space. We 
 have much pleasure in recommending the volume not only to our professional but also to 
 our general readers ; nothing can be more useful to the public than an acquaintance with 
 the outlines of magisterial jurisdiction and procedure." Sheffield Post.
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 
 
 47 
 
 Now ready, in One Vol., 8vo., price 12s., cloth. 
 
 FOUNDED ON THE INSTITUTES OF JUSTINIAN: 
 
 TOGETHER WITH 
 
 EXAMINATION QUESTIONS 
 
 SET IN THE UNIVERSITY AND BAR EXAMINATIONS 
 
 (WITH SOLUTIONS), 
 
 And Definitions of Leading Terms in the Words of the 
 Principal Authorities. 
 
 BY GORDON CAMPBELL, 
 
 Of the Inner Temple, M.A., late Scholar of Exeter College, Oxford; M.A. 
 Trinity College, Cambridge ; Author of " An Analysis of Austin's 
 Jurisprudence, or the Philosophy of Positive Law." 
 
 " Mr. Campbell, in producing a compendium of 
 the Roman law, has gone to the best English works 
 already existing on the subject, and has made ex- 
 cellent use of the materials found in them. The 
 volume is especially intended for the use of students 
 who have to pass an examination in Roman law, 
 and its arrangement with a view to this end appears 
 very good. The existence of text-books such as 
 this should do much to prevent the evil system of 
 cramming." Saturday Review. 
 
 "IThis compendium is, in the words of the preface, 
 ' intended for those students at the Universities and 
 the Inns of Courts who have to pass an examination 
 in Roman Law.' In its preparation the author has 
 made use of the works to which those students are 
 generally required to give their attention, such as 
 Sander's Justinian, Poste's Gaius, Maine's Ancient 
 Law, Austin's Jurisprudence, and similar publi- 
 cations. Practically this compendium is an analysis 
 
 in English of Roman law, interspersed with such 
 comments taken from the above authors and editors 
 as serve to render clearer and to rectify, when 
 necessary, the main principles and definitions which 
 are founded in that law. Thus in the opening page we 
 have Ulpian's definition of justice and jurisprudence, 
 followed by Austin's objection to those definitions, 
 namely that they would embrace not only law but 
 
 Eositive morality and the test to which both are to 
 e referred. Again, the definition of an action 
 given in Justinian is contrasted with a quotation 
 from the student's Austin ; and the same plan is 
 adopted throughout the Compendium. This plan 
 wilj undoubtedly be of service to students of the 
 civil law. There is a very useful appendix con- 
 taining questions taken, for the most part, from 
 papers set at examinations at the Universities and 
 in the Bar examinations, and some definitions and 
 descriptions of leading terms." Law Times. 
 
 MINING LAWS OF THE UNITED STATES. 
 
 In 8vo., price "]s. 6d., cloth, 
 
 Titles to Mines in the United States, 
 
 WITH THE 
 
 Statutes and References to the Decisions of the Courts 
 relating thereto." 
 
 BY W. A. HARRIS, B.A., OXON., 
 
 Of Lincoln's Inn, Barrister-at-Law, and of the American Ear. 
 
 "We have merely sketched the contents of this 
 interesting volume, and though the author apolo- 
 gises in the preface for its incompleteness, we are 
 bound to admit that we cannot suggest any point 
 on which information on this subject could be 
 desired that it has been withheld. Mr. Harris may 
 be credited with having done his best to simplify 
 the American mining laws, and in so doing has 
 earned the thanks of all persons interested in the 
 subject." The Mining World. 
 
 "It is carefully and thoroughly written through- 
 out, and the information given, whilst it is brief 
 and free from technicalities, will prove ample for 
 the professional man who may be called upon to 
 transact legal business connected with American 
 mines, and will be found useful and interesting to 
 the general reader." The Mining Journal. 
 
 "The author is an English barrister, who is also 
 
 a member of the American Bar, and he has had 
 much experience in American and Anglo-American 
 Mining Law. 
 
 " He has now collated such of the mining laws 
 of the United States as are likely to be of import- 
 ance to English mining adventurers who invest in 
 American mines. 
 
 " The information is very comprehensive, and 
 seems to embrace all things pertinent to the subject. 
 The case of the ' Emma ' Mine has drawn much 
 attention to the American mining law, and Mr. 
 Harris' work will be found an excellent exponent." 
 London Iron Trade Excliange. 
 
 ''This is a most valuable work indeed, we 
 might say indispensable for legal gentlemen and 
 investors in American land and mineral property, 
 and the author is well qualified to give the informa- 
 tion and advice needed." The Colliery Guardian.
 
 48 STEVENS & HAYNES, BELL YARD, TEMPLE BAB. 
 
 INDEX to the NAMES of AUTHORS and EDITORS 
 of WORKS enumerated in this Catalogue. 
 
 ARGLES (N.), page 32. 
 BALDWIN (E. T.), 15 
 BANNING (H. TO, 42. 
 BARTON (G. B.), 18. 
 BELLEWE (R.), 34. 
 BRAITHWAITE (T. W.), 41. 
 BRICE (SEWARD), 8, 16. 
 BROOKE (SIR R.), 35. 
 BROWN (ARCHIBALD), 20, 22, 26. 
 BROWNE (J. H. BALFOUR), 19. 
 BUCHANAN, (J.), 38. 
 BUCKLEY (H. B.), 17. 
 BUCKNILL (T. T.), 34, 35. 
 BUSHBY (H. J.), 33- 
 CAMPBELL (GORDON), 47. 
 CAMPBELL (ROBERT), 40. 
 CLARKE (EDWARD), 44. 
 
 COGHLAN (W. M.), 28. 
 
 COOKE (SiR G.), 35- 
 COOKE (HUGH), 10. 
 COPINGER (W. A.), 4O, 42, 45. 
 CORNER (R. J.), 10. 
 CUNNINGHAM (H. S.), 38. 
 CUNNINGHAM (JOHN), 7. 
 CUNNINGHAM (T.), 34. 
 DANIEL (E. M.), 42. 
 DEANE (H. C), 23. 
 DE WAL (J.), 38. 
 EDWARDS (W. D.), 39. 
 EVANS (G.), 32. 
 FINLASON (W. F.), 32. 
 FLAXMAN (A. J.), 43. 
 FOOTE (J. ALDERSON), 36. 
 
 FORSYTH (W.), 12. 
 
 GIBBS (F. W.), 10. 
 
 GODEFROI (H.), 14. 
 
 GOODEVE (L. A.), 29. 
 GREENWOOD (H. C.), 46. 
 GRIFFIN (E. F.), 38. 
 GRIFFITH (J. R.), 40. 
 GRIFFITH (W. DOWNES), 6. 
 GROTIUS (HUGO), 38 
 
 HALL (R, G), 30. 
 HANSON (A.), 10. 
 HARDCASTLE (H.), 9, 33. 
 HARRIS (SEYMOUR F.), 20, 27. 
 HARRIS (W. A.), 47. 
 HARWOOD (R. G.), 10. 
 HAZLITT (W.), 9. . 
 
 HIGGINS (C.), page 30. 
 HOUSTON (J.), 32. 
 INDERMAUR (JOHN), 24, 25. 
 
 JONES (E.), 14. 
 JOYCE (W.), ii. 
 
 KAY (JOSEPH), 17. 
 KELYNG (SiR J.), 35- 
 KELYNGE (W.), 35. 
 
 LLOYD (EYRE), 13, 15. 
 
 LOCKE (J.), 32. 
 
 LORENZ (C. A.), 38. 
 
 LOVELAND (R. L.), 6, 10, 30, 34, 35. 
 
 MAASDORP (A. F. S.), 38. 
 MARCH (JOHN), 35. 
 MARSH (THOMAS), 21. 
 MARTIN (TEMPLE C.), 46. 
 MATTINSON (M. W.), 7. 
 MAY (H. W.), 29. 
 MAYNE (JOHN D.), 31, 38. 
 MENZIES (W.), 38. 
 MICHELL (E. B.), 44. 
 
 MONCREIFF (H. J.), 42. 
 MORIARTY, 14. 
 
 O'MALLEY (E. L.), 33. 
 
 PEMBERTON (L. L.), 32, 41. 
 
 REILLY (F. S.), 29. 
 RINGWOOD (R.), 15. 
 ROBERTSON (A.), 41. 
 ROBINSON (W. G.), 32. 
 ROCHE (H. P.), 9. 
 
 SAVIGNY (F. C. VON), 20. 
 SHORT (F. H.), 8, 10. 
 SHORTT (JOHN), 14. 
 SHOWER (SiR B.), 34. 
 SIMPSON (A. H.), 43. 
 SMETHURST (J. M.), 18. 
 SMITH (EUSTACE), 23, 39. 
 SMITH (LUMLEY), 31. 
 SNELL (E. H. T.), 22. 
 
 TARRANT, (H. J.), 14. 
 TASWELL-LANGMEAD, 21. 
 THOMAS (ERNEST C.), 28. 
 TYSSEN (A. D.), 39. 
 
 VAN DER KEESEL (D. G.), 38. 
 
 WALKER (W. G.), 36, 43. 
 WHITEFORD (F. M.), 20. 
 
 LONDON: PK1KTED BY WILLIAM CLOWES AKD SOUS, STAMFORD STREET AND CHAKD.G CROSS.
 
 [A Catalogue of New Law Works may be obtained gratis upon application to S. d H.I 
 
 STEYENS AND HAYNES' LAW PUBLICATIONS. 
 
 /// S "<///, 
 
 A TKK.VTISE ON THK KTLES WHICH GOYEKN ' 
 
 LND KI-TKCT OF STATTTOUY LAW. With an Appr 
 
 ;iiu Words and Expressions used in Statutes which have been jndiri 
 statntalily const rued. l'>y HI:M:Y HAKIM-AS'I I,K, of the Inner Temple, Barri 
 Law, 
 
 III (>: ''lOth, 
 
 A COMPENDIUM OF ROMAN LAW : FOUNDED ox 
 
 sTrn'TKs UK JUSTINIAN. Together with Kxamination Questions Set in the Tni 
 and Bar Examinations (with Solutions), and Definitions of Leading Terms in the 
 of the Principal Authorities. By G<>: : i p,i:r,T,, of the Inner Temple, M. . 
 
 Scholar of Exeter College, Oxford; ALA. Trinity College, Cambridge; Author c 
 Analysis of Austin's Jurisprudence." 
 
 In Svo, 187S, I'm!/-' <ls. cloth, 
 
 THE MARRIED WOMEN'S PROPERTY ACTS: 
 
 Urlations to the Doctrine of Separate Use. With Appendix of Statutes and 
 By the late J. R. GRIFFITH, of Lincoln's Inn, Barrister-at-Law. /' 
 W. i \\"ALKF.R, of Lincoln's Inn, Barrister-at-Law, Author of "A Ma 
 
 the Law of Partition." 
 
 In One Volume, Svo, price 18s. cloth, 
 
 PRINCIPLES OF CONVEYANCING. An Elementary Wo 
 the use of Students. By HENRY C. DEANE, of Lincoln's Inn, Barrister-a 
 sometime Lecturer to the Incorporated Law Society of the United Kingdom. 
 
 In Svo, Second Edition, price 18s. cloth, 
 
 A TREATISE UPON THE LAW OF EXTRADITJ 
 
 With the Conventions upon the subject existing between England and Foreign N 
 and the Cases decided thereon. By EDWAUD CLARKE, of Lincoln's Inn, Barris 
 Law, and late Taucred Student. 
 
 Pi-rss. 
 
 A MAGISTERIAL AND POLICE GUIDE: Being the st 
 
 Law, including the Session of 1879, with Notes and Eeferences to the most re 
 
 decided Cases, relating to the Procedure, Jurisdiction, and Duties of Magistral 
 
 Police Authorities in the Metropolis and in the Country. With an Introdi. 
 
 showing the General Procedure before Magistrates both in Indictable and Sin 
 
 Mattei-fas altered by the Summary Jurisdiction Act 1870, and a Copious Index 
 
 Whole Work. By HENRY C. GREENWOOD, Stipendiary Magistrate for the Dist 
 
 the Staffordshire Potteries, and TEMPLE C. MARTIN, of the Lambeth Police Coui 
 
 " We have here our ideal law book. It may be said to omit nothing which it ought to cont 
 
 Law T 
 
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