OInrnpU Ham i»rl|n0l Hibraty KD 1487!w58' """"""" "-'""^ ^''%imii™™iiiia,ii!S charities .especlall 3 1924 022 199 941 The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022199941 J^ j^^2tc_/'^t^-!>^-' THE LAW RELATINa TO CHAEITIES. THE LAW RELATING TO CHARITIES, ESPECIALLY WITH EBFEEENCE TO THE VALIDITY AND CONSTEUCTION Charitable Bequests and Conveyances. FERDINAND M. WHITEFOED, OF LINCOLN'S INN, B AKEISTER- AT-L AW. LONDON: STEVENS AND HAYNES, BELL YAED, TEMPLE BAK. 1878. T moTvnxt • ' PRINTED BY WILLIAM CLOWES AND SONS, STAMFOKD STREET AND CHARING CUOSS. JAN 1937 \<5 PREFACE, The intention to give property to Charity is fre- quently defeated through non-compliance with the law, and particularly with the provisions of the Act 9 Geo. 2, c. 36, generally known as the Mortmain Act. It is therefore thought that a short treatise giving the effect of the cases decided on the construction of that Act, and dealing generally with the Law relating to Charities, may be found useful. In order to ensure brevity much has necessarily been omitted which would otherwise have natur- ally found its place in a work on the subject of Charities. It is, however, hoped that the omissions found necessary are not such as to interfere with the object the Author has chiefly had in view, namely, that of providing a work which might be prac- tically useful to those engaged in carrying the intentions of donors to Charities into effect. Lincoln's Inn, January, 1878. a 3 TABLE OF OASES. Abbot V. Fraser 68 Adams and Lambert's Case . 24 Akroyd v. Smithson ... 63 Alchin's Trusts, Be , Alexander v. Brame Arnold v. Chapman. Asbton, Be . . . V. Jones V. Langdale (Li 17,50 35,37 . 31 . 51 . 44 lOrd) 34,39 28, 36, 48 . . 10 Aston V, Wood . Att.-Gen. v. Andrews V. Bagot .... 72 V. Baxter ... 26 u. Berwick (Mayor of) 77 V. Blizard ... 77 V. Boucherett . . 87 V. Brandreth . . 76 V. Brentwood Scbool 55 V. Brettingbam . . 87 V. Brewers' Co. . . 86 V. Bristol (Mayor of) 56 V. Brown .... 20 V. Browne's Hospital 75 u. Buckland ... 23 V. Cains College . 87 V. Caldwell ... 35 V. CalTert ... 81 ; w. Cbester(Bp.of) 37,53 -V — V. Cbrist Cburcb (D^anof) . . . .77,79 '- V. Christ's Hospital 86, 87 V. Clapham ... 81 V. Clarendon (Earl) 74, 75 Att.-Gen. v. Clifton V. Cock V PAQB 80 . 28 . 18 . 56 . 85 . 31 11,14 . 72 . 74 10,17 . 86 . 20 of) 77, 86,87 V. Exeter (Mayor of) 86 V. Fishmongers' Co. 26 • V. Comber ■ V. Coopers' Co, ■ V. Davey . ■ V. Davies . ■ V. Day ■ V. Delaney ■ V. Dixie . • V. Downing V. Drapers' Co. ' V. Eastlake . V. Exeter (Corp. Co. - V. Fletcher - V. Flood . . ■ V. Gardner . - V. Gaunt . • V. Glyn . ■ V. Goiilding . ■ V. Graves. ■ V. Haberdashers' ■ V. Hall . . ■ V. Harley. ■ V. Heelis . V. Herrick v. Hinxman V. Hope's Executors V. Ironmongers' Co. V. Jones . V. Kell . . . V. Kerr . 48,54 . 69 . 43 . 73 . 44 36,59 . 31 22 85 31 19 47 36; 54, 58 72 52 37 17 82 Vlll TABLE OF CASES. PAGE Att.-Gen. v. Ladyman ... 77 V. Lepine. ... 68 V. Lonsdale (Lord) . 17 V. Love .... 80 V. Magdalen College. 74 V. Mansfield (Earl) 76, 84 V. Margaret & Eegins Professors, Cambridge. . 19 V. Market Bosworth School .78 V. Mercers' Co. . . 79 V. Mill .... 69 V. Munby ... 64 V. Murdoch ... 81 V. Newbury ... 86 V. Newcastle (Corp. of) 48,86 V. Northumberland (Duke of) (Smith's Poor Kin Charity) .... 52 V. Oakover ... 18 V. Paihters' Co. . . 17 V. Parsons ... 36 V. Payne .... 85 u. Pearson . 18,28,78 V. Power 71 V. Pretyman . . 86, 87 V. Price .... 23 ij. Eance .... 17 V. Eetford ... 87 w Eochester(Corp.of) 52,81 V. Euper .... 18 V. St. Cross Hosp. 74, 75 V. St. John's Hosp., Bath 52,82 V. Shearman . . 87 V. Sherborne School . 52 ■ V. Shore .... 82 V. Sidney Sussex Col. 96 . V. Skinners' Co. . 9, 10 V. Staflford (Corp. of) 86 V. Stamford (May. of) 78 Att.-Gen. v. Stepney V. Stewart i)..Syderfin V. Tancred V. Tomkins V. Ward . V. Wax Chandlers' Co, 19 68 48 64 31 81 56, Attree v. Hawe V. Webster . 6, 19, 79 V. Weymouth (Lord) 31 V. Whitchurch . 36, 54 «. Whiteley ... 76 V. Whorwood . 17, 21 V. Wilkins ... 85 V. Wilkinson . . 77 V. Williams ... 17 V. Wilson ... 84 V. Winchelsea (E.) . 55 J). York (Archbp. of) 73 ... 39 B. Baker v. Sutton 35 Baldwin v.B. . . . . 53, 67 Barclay v. Maskelyne ... 20 Barnard v. MinshuU ... 62 Beaumont v. Oliveira . 19, 59, 60 Bennett v. Hayter .... 50 Berkhampstead School, JSa; parte 75 Bingley Free School, Be . .93 Blundell's Trusts .... 26 Bradshaw v. Tasker ... 29 Braund v. Devon (E.) ... 93 British Museum v. White . . 65 Brompton (^Incmn. of) Ex parte 80 Brook u. Badley 31,59 Bruce v. PresVytery of Deer 47, 69 Brunsdon v. Woolredge . . 22 Bunting w. Marriott. . . 35,54 Burnaby v. Barsby .... 20 Burnham Schools, Re . 80, n., 90 TABLE OF CASES. IX C. Calvert v. Armitage Campbell v. Eadnor (E.) Carne v. Long . Carter v. Green . Gary v. Abbott . . . Chamberlayne v. Brookett Chaudler v. Howell. Chapman v. Brown . Charity for Prisoners, Be Charter v. Charter . Cherry v Mott . . . Chester v. C Christ Church, Be . Christ's Hospital v. Granger ^ , Be . PAGE . 61 . 68 . 21 35,61 25,26 32, 53 38,39 58 89. 50 54,59 65 74 53 84 35 65 Chiirch Bldng. Soc. v. Barlow V. Coles Church Este Charity, Wandsworth 80,88 Clark, Be 21,54 V. Taylor .... 54- Clayton a. Att.-Gen. ... 82 Clephane v. Edinburgh (Lord Provost of) . . . . 69 Clergymen's Widows &c. Chari- ties V. Sutton 96 Clergy Society, Be . . . .50 Cluff V. Cluff . . . . 38 Cooks V. Manners .... 21 Cogan V. Stephens .... 63 CoUyer v. Burnett .... 72 Commissioners of Char. Don. V. Cotter 48 V. Wybrants . 85 Corbyn v. French .... 35 Corp. of Sons of the Clergy v. Moss 51 Court V. Buck] and .... 63 Cox V. Dixie 32, n. Cramp v. Playfoot ... 39, 58 Crosbie v: Liverpool (Mayor of) 62 CuUen V. Att.-Gen. for Ireland 72 Currie v. Pye Curtis V. Hutton PAGE . 35 69,71 D. Davall V. New Kiver Co. . . 33 Dawson V. Small. . . 18,28,58 Dean v. Bennett .... 91 De Costa t>. De Pas . . . 25,29 Denton v. Manners (Ld.) . .34 De Themmines v. De Bonneval 26 Dillon V. Eeilly . ... 72 Dixon V. Dawson .... 63 Uoe d. Graham v. Hawkins . 84 V. Munro . 42 V. Waterton . . 31 V. Webster . 79 Dolan V. Macdermot . 16, 27, 47 Drummond v. Att.-Gen. . . 82 Durour v. Motteux . . 63 E. Eden I). Poster .... 73,78 Edwards v. Hall . 32, 33, 34, 36, 60 Ellis i;. Selby 27 Bntwistle v. Davis .... 34 Ewen V. Bannerman . I . 49 F. Faversham (Corp. of) v. Ryder 20,34,61 Fenton v. Wells 63 Finch V. Squire . . . 38 Fiskv.Att.-Gen. . . 28,54,58 Fisher v. Brierley ... 37, 45 Fitzgerald, Be 61 Forbes v. Ecclesiastical Corns . 66 Ford's Charity, JSe ... 93 Fox V. Lownds 33 Fremington School, Me. . . 91 G. Grardner v. L. C. & D. Eailway 38 Gaskin v. Eogers .... 60 TABLE OF OASES. Gillam v. Taylor. . Graham v. Paternoster Green v. Jackson . V. Eutherforth Grieves v. Case . Grimmett v.Q. . PAGE 23 35 63 76 45 61 H. Habershon v. Vardon . Hamilton v. Spottiswoode Harris V.Barnes. Harrison y. H.' . . . Hartshorne v. Nicholson Hawkins v. Allen . Hayman v. Eugby (Govs, of) Hayter v. Trego . . V. Tucker . Heath v. Chapman . Henshaw v. Atkinson . Hereford (Bp. of) v. Adams Hoare v. Osborne . . Hobson V. Blackburn . Hodgson 0. Torster. . Holdsworth v. Davenport Hohne v. Guy . . . Howse V. Chapman . 28 96 37 33 49 17,33,42 74 54 34 26 32 47,55 18,28 . 59 . 93 . 38 91,93 33,60 1. J. Ilminster School, iJe . . . 80 Incorp. Ch. Bldg. Socy. v. Bar- low 31 11. Coles . 66 V. Price . 54 V. Eichards 7, 10, 70 Inge, Expaite . Innes v. Sayer . Ion V. Ashton . Isaac V. Gompertz . Jarvis's Charity, Ee Jefferies v. Alexander Jenner v. Harper Johnston v. Swann . 74 47 37 29 93 33 10,17 20 Jones V. Badley V. Mitchell . V. WilKams . K. Kane v. Cosgrove . Kendall v. Grainger Kilvert's Trusts Knapp V. Williams 40 63 20 54 27 49 37 L. Lambeth Charities, Be . . 52, 80 Lee's Trusts, Ee .... 32 Lewis V. AUenby . . 34, 49, 61 Lileyu. Hay 22 Limbrey v. Gurr .... 44 Lister's Hospital, iJe . . . 93 Llewellyn v. Eose .... 60 Loscombe v. Wintringham . 20, 50 Luckraft v. Pridham ... 15 Ludlow (Corp. of) v. Green- house 88 Lydiatt v. Foaoh .... 82 Lyons (Mayor of) v. Adv.-Gen. ^ of Bengal 51 M. Macdonald ?;. M. ... 68, 69 M'Intosh V. Townsend . . 11, 68 Magdalen College Case ... 82 V. Att.-Gen. . 85 Magdalen Hospital (Governors of)i;. Knotts .... 85 Maguire, Re 50, 54 Mahon v. Savage .... 23 Manchester New College, Ee- . 88 Marsh v. Att.-Gen 54 Merchant Taylors' Co. v. Att.- Gen 56,58 Meyricke Fund, L'e . . 92, 93 Middleton v. Cator .... 15 V. Olitheioe . . 15, 31 TABLE OP CASES. XI PAGE Miles V. Harrison ... 59, 61 Mills V. Farmer 48 Mitchell V. Moberly .... 38 Mitford V. Reynolds ... 68 Mogg V. Hodges . . . 64, 65 Moore v. Clench 82 Moriee v. Durham (Bp. of) 27, 47 Morris v. Glyn 34 V. Owen 45 Myers v. Perigal ... 84 N. Nethersole v. Indigent Blind . 65 Nightingale v. Goulbonrn . . 20 O. Oliphant v. Hendrie . ' . . 68 Ommaney v. Butcher ... 27 P. Pane v. Canterbury (Archbp.) 62 Peel's School (Sir E.) at Tam- worth 92 Perring «. Traill 65 Philanthropic Society v. Kemp 59 Philpotts V. St. George's Hosp. 32, 51 Pieschel v. Paris .... 48 Pocock V. Att.-Gen 48 Pollock v. Day 71 Porter's Case 6 Powell V. Att.-Gen. . . . 18 Pratt V. Harvey 32 Price V. Hathaway .... 42 Prison Charities, Re ... 52 E. Eead v. Hodgens .... 72 Reeve v. Att.-Gen. . . 49, 54 Eickard v. Eobson ... 18, 22 Eidges V. Morison .... 59 Eobinson v. London Hosp. 60, 63, 65 Eussell V. Kellett .... 54 St. Bride's, Fleet Street, In re 19 St. Giles Volunteer Corps, Re . 93 Salusbury v. Denton . . 34, 49 Sewell V. Crewe-Eead ... 32 Shepherd v. Beetham . . 33, 61 Sherwood v. Vincent ... 65 Shrewsbury v. Hornby ... 29 Simon v. Barber .... 50 Sims V. Quinlan 26, 29, 54, 71 Sinnett v. Herbert . . 32, 53, 66 Smith V. Adlrins .... 79 Skrymsher v. Northcote . . 62 Society for the Propagation of the Gospel in Foreign Parts V. Att.-Gen 51 Souley V. Clockmakers' Co. 10,53 Spencer v. Wilson . . . . 63 Springett v. Jenings . . . 39 Stewart v. Barton . . . . 71 •Strauss v. Goldsmid . . . 29 Sweeting v. Sweeting . . 40 Symonds v. Marine Society . 33 T. Tatham v. Drummond . . 32 Taylor v. Linley 34 Tempest v.T. . . . .60 Thetford School Case ... 55 Thomas v. Howell . . 22, 27 Thompson v. Corby. ... 17 V. Shakespear . . 21 Thornber v. Wilson .... 19 Thornton v. Howe .... 19 V. Kempson ... 37 Thrupp V. CoUett .... 23 Townsend v. Carus .... 18 Trethewy v. Hellyar ... 63 Trye v. Gloucester (Corporation of) 48 Turner v. Ogden . . .18 Tyrrell v. Whinfield ... 37 Xll TABLE OF CASES. U. V. PAGE Univer. of Aberdeen v. Irving 69 London v. Yarrow 20,34,61 Vaneu. V 86 Vezey v. Jamson .... 27 W. "Walker V.Milne. : ... 34 Waller «. Childs 28 Wallgrave v. Tebbs. ... 40 Walsh «. Gladstone. . . 51,54 WaterboTise v. Holmes ... 35 Watford Local Board, Be . .93 Watson V. Hemswortb Hosp. 82 Way V. East ... . . 44 Wellbeloved v. Jones ... 51 West Ham Charities ... 88 FAGB West V. Shnttleworth . . 26, 29 Whicker v. Hume ... 19, 68 Whiston V. Eochester (Dean and Chapter of) . . . .74 White i;. W 54 Wickham v. Bath (Mar. of) 42,45 Widmore v. Wooiroffe . 15, 23, 31 Wigg V. Nicholl 60 Wildes V. Davies .... 63 Wilkinson v. Barber . . 37, 61 V. Lindgren . 18, 19,47 Williams, i?e. . . . 18,28,58 V. Kershaw . . 59, 62 ■!;. W 63 Wills V, Bourne 61 Wilson, 5e 96 Y. Yates w. Univer. College , 19,48 ADDENDA AND COEEIGENDA. Page 22. J/ter " lAley v. Eay" add " but see observations of V.-C. Wickens on this case in Oillam v. Taylor, L. E. 16 Eq. 581." „ 35. Judgment debts being a charge on lands, cannot be bequeathed to a charity: GolUnson v. Pater, 2 E. & M. 344. „ 43. Where a trustee under a conveyance which is unenroUed does not set up the defect, the Court may decline to take notice of it, and appoint new trustees : Att.-Oen. v. Ward, 6 Hare, 477; and see Att.-Gm. v. Munro, 2 De G. & Sm. 122, 199. „ 63. Fenton v. Wills is now reported, 7 Ch. D, 33. 66. In Binnett v. Herbert it was held by Hatherley, L. C, that under a bequest of residue to trustees for erecting or endowing a church, they took the pure personalty, and also £500 out of the impure personalty. But this seems to amount to marshal- ling the assets. 81. Usage as evidence of trusts, add a reference to Att.-Oen. v. Bunce, L. E. 6 Bq. 563. THE LAW KELATINO TO CHARITIES. CHAPTER I. INTRODUCTORY. Different explanations liave been offered of the origin of the term " mortmain," but it is not thought necessary to discuss these explanations in a work like the present, since whatever doubt may exist as to the original meaning of the term, there is no doubt as to that which it has acquired, and in which it is now used. Alienations in mortmain are, properly speaking, alienations of lands or tenements to corporations. Such bodies having a perpetual succession, the lord of the fee by these alienations lost the benefit of the fines, rights of ward and escheat, and other rights to which, under the feudal system, he was entitled, the land coming, as it was said, into a dead hand (main morte). From the fact that in earlier times such alienations were invariably made to the Church, and that, as will hereafter be seen, pious uses have always been held to be a branch 2 THE LAW RELATING TO CHARITIES. of charitable uses, the law of mortmain has always formed a part of the law of charities, though the two are not otherwise necessarily connected. Corporations are, equally with individuals, capable of being trustees for charitable purposes ; indeed, the fact of their perpetual succession ob- viously renders them, in some respects, peculiarly fit trustees to carry into effect charities the founder of which generally aims at securing to them per- petual existence. By the Common Law corpora- tions appear to have been under no disabilities with respect to the acquisition of lands, except such as equally applied to individuals ; that is to say, aHenations of lands were in every case required to be made with consent of the lord of the fee. The Statute Law restraining such alienations was at first exclusively, and has at all times been mainly directed against the acquisition of land by the Church; the constant efforts of which to evade the restrictions sought to be imposed on it, and the success with which such efforts were attended, are too well known to require comment. The early Statutes of Mortmain still regulate convey- ances to corporations, whether charitable or not, and it is therefore necessary briefly to refer to such statutes. The first enactment on the subject of mortmain is that contained in the second of Henry the III.'s great charters, 9 Hen. 3, c. 36, re-enacted 25 Edw. 1, c. 36, and is as follows : — " It shall not be lawful from henceforth to any INTRODUCTORY. 6 to give his lands to any religious house, and to take the same land again to hold of the same house. Nor shall it be lawful to any house of religion to take the lands of any, and to lease the same to him of whom he received it. If any from henceforth give his land to any religious house, and thereupon he convict, the gift shall be utterly void, and the land shall accrue to the lord of the fee." This enactment applied only to conveyances to religious houses, and was soon found insufficient for the object in view, namely, to prevent the vesting of land in the Church. The statute appears also to have been evaded by the religious houses, who resorted to the device of .obtaining from the owners leases for long terms of years at nominal rents. These reasons led to the passing of the Statute de Religiosis viris, 7 Edw. 1, st. 2, c. 1, where- by it is enacted that " no person, religious or others, whatsoever he be, that will buy or sell any lands or tenements, or under the colour of gift or lease, or that will receive by reason of any other title, whatsoever it be, lands or tenements, or by any other craft or engine will presume to appropriate to himself, under pain of forfeiture of the same, whereby such lands or tenements may anyvise come into mortmain. We have provided also that if any person, religious or other, do pre- sume either by craft or engine to offend against B 2 4 THE LAW RELATING TO CHARITIES. this statute, it shall be lawful for us and other chief lords of the fee immediate to enter into the land so aliened within a year from the time of alienation, and to hold it in fee as an inheritance. And if the chief lord immediate be neghgent and will not enter into such fee within the year, then it shall be lawful to the next chief lord immediate of the same fee to enter into such land, if the next lord be negligent in entering into the same fee as aforesaid. And if all the chief lords of such fees, being of full age, within the four seas and out of prison, be negligent or slack in this behalf for one whole year, we immediately after the year accom- plished from the time that such purchases, gifts, or appropriations happen to be made, shall take such lands and tenements into our hand, and shall enfeoff other therein by certain services to be done to us for the defence of our realm, saving to the chief lords of the same fees, their wards and escheats, and other services thereunto due and accustomed." The Statute of Quia Emptores, 18 Edw. 1, abolishing subinfeudations, and making it lawful for all men to alien their lands to be held of their next immediate lord, expressly excepted aliena- tions in mortmain. None of the preceding enact- ments appear to apply to lay corporations, and their provisions were evaded by the Church by the introduction of secret uses, the mischiefs arising from which were, as is well known, finally remedied INTRODUCTORY. 5 by the Statute of Uses, 27 Hen. 8, c. 10, for turning uses into possession, the earlier statutes aimed at the same mischiefs having been found inefFectual. By one of these statutes, 15 Eich. 2, c. 5, after directing that lands held to the use of religious or spiritual persons, or to the use of guilds or fra- ternities, should be amortized or sold, it is enacted that "because mayors, bailiffs, and commons of cities, boroughs, and other towns which have a perpetual commonalty, and others which have offices perpetual, be as perpetual as people of religion, that from henceforth they shall not pur- chase to them and to their commons or office upon pain contained in the said Statute de Religiosis, And whereas others be possessed or hereafter shall purchase to their use, and they thereof take the profits, it shall be done in like manner as is afore- said of people of religion." It was afterwards found that the alienation of lands to brotherhoods and fraternities which were unincorporated was equally mischievous with alien- ations to corporations, though not coming within any of the Statutes of Mortmain. The case of such unincorporated bodies was therefore provided for by the Statute 23 Hen. 8, c. 10, whereby assurances and trusts of lands to the use of parish churches, chapels, churchwardens, guilds, frater- nities, commonalties, corporations or brotherhoods, created and made of devotion or by common assent 6 THE LAW RELATING TO CHARITIES. of the people without any corporation, if made for more than twenty years from that date, were de- clared to be utterly void. See as to the construction of this statute, Porter's Case ;' Att.-Gen. v. Webster.^ The effect of the Mortmain Acts, properly so called, may be briefly stated as providing that lands or tenements, as advowsons, rent-charges, tithes &c., aliened in mortmain became forfeited in the first instance to the immediate lord of the fee, and on his neglect to insist on the forfeiture, to the King, who, however, could only take advantage of the forfeiture to enter upon the lands after office found in the same manner as in the case of escheat for failure of heirs. For an instance in which the right of forfeiture was insisted on by the Crown, see Shelford on Mortmain, p. 10 u E. As the Statutes of Mortmain did not render alienations in mortmain absolutely void, but only gave a right of forfeiture to the mesne lord or to the King, this right was of course capable of being waived ; hence arose the practice of obtaining licenses in mortmain, by virtue of which cor- porations are enabled to hold lands aliened to them. It was at first required that such licenses should be obtained from the mesne lord, as well as from the King (27 Edw. 1, st. 2, 34 Edw. 1, st. 3), • 1 Euss. 22. 3 L, u 20 Eq. 483. INTRODUCTORY. but the rights of the mesne lords appear to have been gradually disregai'ded, and a license from the King alone was in all cases held suflScient, The right of the Crown to grant licenses in mortmain is now regulated by Statute 7 & 8 Wm. 3, c. 37, by which the Crown is empowered to grant licenses to any person or persons, bodies politic or corporate, their heirs or successors, to alien in mortmain and also to hold in mortmain any lands, tenements, rents, or hereditaments. By sect. 2 it is declared that lands or tenements so aliened or acquired shall not be subject to for- feiture. This Act appears to recognise the right of the Crown alone to grant licenses which will exclude the right of the mesne lords to insist on the forfeiture. In the case of trading corporations, licenses are now granted by the Board of Trade. The Statute of Wills, 34 Hen. 8, c. 5, contains an express exception as to devises to corporations, and such devises consequently, until the passing of the Wills Act, 7 Wm. 4 & 1 Vict. c. 26, were in all cases invalid at Law, though the restriction never extended to charities in Equity, or was so far removed in favour of charities by the construc- tion placed on the Statute of Charitable Uses, 43 Eliz. c. 4, as to render such devises valid in Equity : Incorporated Society v. Richards} The Statute of Wills, 34 Hen. 8, c. 5, is ex- 1 1 Dr. & W. 320. 8 THE LAW RELATING TO CHARITIES. pressly repealed by the recent Wilk Act, 7 Wm. 4, c. 26, s. 2, therefore any restrictions which now exist affecting such devises are solely due to the operation of the Mortmain Acts : see 1 Jar. on Wills, p. 58. OF CHARITABLE USES. CHAPTER II. OF CHARITABLE USES. Although ctaritable uses were recognised in Equity at a date long prior to the statute known as the Statute of Charitable Uses (43 Eliz. c. 4) that statute has a peculiar importance, inasmuch as it is by a reference to its preamble that the Court is still guided in determining whether a particular trust is charitable or not, a question on which its validity or invalidity may in many cases (as will be shown hereafter) depend. The object of the Act of Eliz. was to provide for the appointment of -commissioners who should inquire into and redress the abuses and breaches of trust in the management of property given for charitable purposes which then, as later, exten- sively prevailed. The widest and most liberal construction was, as is well known, placed on the provisions of this Act in favour of charities, and where no personal incapacity, as infancy, affected the donor the dis- position was in general established: Ait.- Gen. y. Skinners' Co} ' 2 Euss. 417. 10 THE LAW RELATING TO CHARITIES. Thus defective assurances, as wills or convey- ances without fine or recovery by tenants in tail, were held valid as appointments. Corporations as well as individuals were held capable of taking lands and tenements by wills, see Incorporated Society v. Richards,^ though in the case of devises to corporations the legal estate would not pass : Souley V. Clockmakeri Co? In the case of copy- holds the want of a surrender to the uses of a will was supplied ; and so far was the zeal for establish- ing a charity allowed to prevail that a retrospective operation was attributed to the Act : Att.-Gen. v. Skinners' Co.,^ in which a will of lands made before the passing of the Wills Act, 34 Hen. 8, c. 5 (which was therefore invalid when made), was in favour of charities upheld as a " limitation or appointment." See too Att.-Geh. v. Doicning ;* Att.-Gen. v. Andrews;^ Jenner v. Harper? For a long time after the passing of the Act of Eliz,, and indeed previously to that Act, an amount of favour was shown to dispositions by will or otherwise in favour of charities, the result of which has been to establish principles which have now obtained the force of law and are binding on the Courts though not always easily defended or explained. The evils resulting from an unrestricted liberty 1 1 Dr. & W. 293. * Amb. 550, 571. ^ 1 Br. C. C. 81. 5 1 Ves. Sen. 224. 3 2 Euss. 418, citing Colli- « 1 P. Wms. 246. son's Case, Hob. Rep. 156 ; Moore, 888. OP CHARITABLE USES. 11 of disposing of property to charities could not, however, fail to make itself felt, and to meet those evils was the object of the Act of 9 Geo. 2, c. 36, as appears from its preamble. The title of this Act, according to which it is " An Act to restrain the dispositions of land whereby the same become inalienable," is somewhat misleading. The object of the statute really was to prevent the disinheriting of heirs by improvident disposi- tions upon the approach of death: Att.-Gen. v. Day ,-^ Mcintosh v. Townsend.' By this Act, after reciting that " gifts or aliena- tions of lands, tenements, or hereditaments in mortmain are prohibited by Magna Charta and divers other wholesome laws, as prejudicial to and against the common utility, nevertheless the public mischief has of late greatly increased by many large or improvident alienations or dispositions made by languishing or dying persons, to uses called charitable, to take place after their deaths, to the disherison of their lawful heirs," it is enacted : Sect. 1. That from and after the 24th of June, 1736, no manors, lands, tenements, rents, advow- sons, or other hereditaments, corporeal or incor- poreal whatsoeverj nor any sum or sums of money, goods, chattels, stock in the public funds, securities "for money, or any other personal estate whatsoever, to be laid out or disposed of in the purchase of any 1 1 Ves. Sen. 218. ^ 16 Ves. 335. 12 THE LAW BELATINa TO -CHARITIES. lands, tenements, or hereditaments, shall be given, granted, aliened, limited, released, transferred, as- signed or appointed, or anyways conveyed or settled to or upon any person or persons, bodies politic or corporate or otherwise, for any estate or interest whatsoever, or anyways charged or in- cumbered by any person or persons whatsoever, in trust or for the benefit of any charitable uses what- soever, unless such gift, conveyance, appointment, or settlement of any such lands, tenements, or hereditaments,. sum or sums of money, or personal estate (other than stocks in tKe public funds), be made by deed indented, sealed, and delivered in the presence of two witnesses, twelve calendar months at least before the death of the donor or grantor (including the days of the, execution and death), and be enrolled in the Court of Chancery within six calendar months after the execution, thereof; and unless such stocks be transferred in the public books usually kept for the transfer of stocks six calendar months at least before the death of such donor or grantor (including the days of the transfer and death), and unless the same be made to take effect in possession for the charitable use intended immediately from the making thereof, and be without any power of revocation, reserva- tion, trust, condition, limitation, clause or agree- ment whatsoever for the benefit of the donor or grantor, or of any person or persons claiming under him. OF 'CHARITABLE USES. 13 By sect. 3 it is enacted, " That all gifts, grants, conveyances, appointments, assurances, transfers, and settlements whatsoever of any lands, tene- ments, or other hereditaments, or- of any estate or interest therein, or of any charge or incumbrance affecting or to affect any lands, tenements, or here- ditaments, or of any stock, money, goods, chattels, or other personal estate, or securities for money, to be laid out or disposed of in the purchase of any lands, tenements, or hereditaments, or of any estate or interest therein, or of any charge or incum- brance affecting or to affect the same, to or in trust for any charitable uses whatsoever, which shall at any time from and after the said 24th day of June 1736 be made in any other manner or form than by this Act is directed and appointed, shall be absolutely and to all intents and purposes null and void." Sect. 2 provides that "nothing hereinbefore mentioned relating to the sealing and delivery of any deed or deeds twelve calendar months at least before the death of the grantor, or to the transfer of any stock six calendar months before the death of the grantor or person making such transfer, shall extend or be construed to extend to any purchase of any estate or interest in lands, tenements, or here- ditaments, or any transfer of any stock to be made really and bona fide for a full and valuable consi- deration actually paid at or before the making such conveyance or transfer without fraud or collusion 14 THE LAW RELATING TO CHARITIES. This section was, according to Lord Hardwicke, Att.-Gen. v. Day^ intended to meet the case of Queen Anne's Bounty and similar charities, which were by their rules bound to lay out their funds in the purchase of lands. Sect. 4 exempts from the provisions of the Act " dispositions to or in trust for either of the two Universities within that part of Great Britain called England, or any of the colleges or houses of learning within either of the said Universities, or to or in trust for the colleges of Eton, Winchester, or Westminster, for the better support and mainte- nance of the scholars only upon the foundation of the said colleges of Eton, Winchester, and West- minster." Sect. 5 irtiposes a restriction as to the number of advowsons to be held by either of the two Universities, which restriction has been removed by 45 Geo. 3, c. 101. Sect. 6 provides that the Act shall not apply to Scotland. It is to be observed — 1st. That the Act contains no restrictions whatever on dispositions by will or otherwise of money or personal estate not con- nected with land, pure personal estate. 2nd. The provisions of the Act extend to all charities, whether incorporated by charter or special Act, either before or after the passing of this Act, or unincorporated, the only exemptions 1 1 Ves. Sen. 223. OF CHARITABLE USES- 15 being those contained in the Act or in Acts subsequently passed. Thus in the case of Queen Anne's Bounty (for the augmenting of poor livings), a charity in- corporated by a special Act of Parliament, 2 & 3 Anne, c. 11, empowering them to take by deed or will lands, tenements, and hereditaments, goods and chattels, the corporation was held incapably, after the passing of the Act 9 Geo. 2, c. 36, of taking a bequest of money, as by the rules of that charity the funds were to be laid out in land : Widmore v, Woodroffe ; ^ Middleton v. Clitherow.^ So, too, in a recent case under a gift of the proceeds of sale of real estate to the charities of Plymouth the guardians of the poor, who were incorporated with power to take land by deed or will by an Act 6 Anne, c. 46, were held incapable of taking : I/uchraft v. Pridlmm? It has been said that the custom by which the freemen of London were enabled to devise lands in mortmain, having been expressly preserved by Magna Charta, is still subsisting; but this was denied to be law by Sir R. P. Arden, quoted in Highmore on Mortmain, p. 127; and in the case of Middleton v. Cator * all that was actually decided is that the custom if existing must be strictly con- fined to lands within the city. 1 Amb. 636. ^ 6 CL D. 206 ; 25 W, E. 747. 2 3 Ves. 734. * 4 Br. C. 0. 409. 16 THE LAW RELATING TO CHARITIES. 3rd. The statute applies to charitable uses only ; and although generally known as the Mortmain Act, is in fact wrongly so called. The first question, therefore, that presents itself or consideration is what is a " charitable use " within the meaning of the statute. In determining this question the Court has, as before stated, since the passing of that Act, always been guided by the Statute 43 Eliz. c. 4, above referred to (p. 9), and has held that as well the objects expressly enumerated in that Act as those which are analogous are charitable uses: Dolan V. Macdermot.^ It is proposed here to give only a selection of the cases, such as is suflScient to illustrate the principles acted on by Courts in determining whether a particular alienation is to a charity or not. The charitable uses enumerated in the preamble to the 43 Eliz. c. 4, are : — " Relief of aged, impotent and poor people ; main- tenance of sick and maimed soldiers and marines ; schools of learning, free schools and scholars in universities ; repair of bridges, ports, havens, causeways, churches, sea-banks and highways; education and preferment of orphans ; relief, stock or maintenance of houses of correction ; marriages of poor maids ; supportation, aid, and help of young tradesmen, handicraftsmen, and persons 1 L. E. 3 Ch. Ap. 676. OP CHARITABLE USES, 17 decayed ; relief or redemption of prisoners or cap- tives, and aid or ease of any poor inhabitants con- cerning payment of fifteens, setting out of soldiers, and other taxes." This Act, as before stated, was passed for the pur- poses of remedying breaches of charitable trusts, and the preamble, after stating in effect that lands, tenements, chattels, money, &c., had been given for the above purposes, but had been misap- plied contrary to the intention of the donors, by way of remedy provides for the appointment of commissioners, who should inquire into breaches of trust and make orders for carrying such trusts into execiztion, an appeal being given to the Lord Chancellor : see the case of Jenner v. Harper} The following have, among other objects, been held to be charitable uses : — " Eelief of poor : " Att.-Gen. v. Ranee f Thompson v, Corby. ^ Hos- pitals : see for instance Att.-Gen. v. Kell;* Hawkins v. Allen^ Re Alchiri sTrusts^ " Schools of learning" and ''free schools:" Att.-Gen. v. Lord Lonsdale;'' Att.-Gen. v. Williams.^ " Scholars in Universities :" Att.-Gen. v. Whorwood ,-' Att.- Gen. V. Downing}'' " Eelief of prisoners and captives : " Att.-Gen. -v. Painters' Co}^ " Education and pre- 1 1 P. Wms. 247. * L. E. 14 Eq;. 230. 2 Cited in Att.-Gen. v. ' 1 Sim. 109. Clarke, Amb. 422. » 4 Br. C. C. 526. 3 27 Beav. 649. ' 1 Yes. Sen. 534. * 2 Beav. 575. " Amb. 550, 571. 5 L. E. 10 Eq. 246. " 2 Cox, 51. C 18 THE LAW RELATING TO CHAEITIES. ferment of orphans," Powell v. Att.-Gen. ;* Att.- Gen. V. Comber.' " Repair of churches," which includes monuments and memorial windows in the church : Att.-Gen v. Ruperf Hearer. Osborne^ though repair of vaults and monuments in the churchyard cannot be the subject of a charitable use : Rickard V. Rohson ;^ Dawson v. Small f Re Williams.'' A bequest for maintainilig the organ, Att.-Gen. V. Oakover * (where bequest for payment of the organist was also held a charity), and a bequest for maintaining the chimes of a church, Turner v. Ogden,^ also fell under this head. By analogy with the statute of Eliz., aliena- tions having for their object the promotion of religion or of learning, and generally all aliena- tions intended to benefit the public, as gifts to provide for the repair of sea-banks and highways, mentioned in the Act of Eliz., are charitable uses. Thus gifts for the promotion of religion, see Townsend v. Cams ;'" Wilkinson v. lAndgren.^^ For maintaining the worship of God: Att.-Gen. V. PearsonP' So a devise of land to a priest and his successors, and bequest of proceeds of sale of » 3 Mer. 48. ' L. E. 5 Ch. D. 735. 2 2 S. & S. 93. 8 Cited 1 Ves. Sen. 535. 3 2 P. Wms. 125. 9 1 Cox, 316. * L. E. 1 Eq. 585. " 3 Hare, 257. = 31 Beav. 244. " L. E. 5 Ch. 570. L. E. 18 Eq. 114. '^ 3 jig^. 353, 409. OF CHARITABLE USES. 19 land " to the then minister of the CathoHc chapel at Kendal," Thornber v. Wilson,^ were held charit- able, and therefore void under the Mortmain Act. So a bequest for distributing Bibles, Testaments, and other religious books and tracts, Att.-Gen. v. Stepney^ and a bequest for the dissemination of the works of Joanna Southcott, Thornton v. Howe^ have been held valid as charities. So bequest of residue to certain institutions, or to any other religious institutions or purposes : Wilkinson v. lAndgren.*' As to gifts for the promotion of learning, see Whicker v. Hume.^ Bequests to the Royal and G-eographical Societies : Beaumont v. Oliveira ; * bequest to found a lectureship at one of the Universities : Att.-Gen. v. Margaret and Begius Professors, Cambridge ;' so to found a Professorship of Archaeology : Yates v. Univ. ColU As to dispositions for the public benefit, see Att.- Gen. V. Heelis? Thus a conveyance of lands to a parish is a charitable gift : Att.-Gen. v. Webster ; ^'' In re St. Bride's, Fleet Street ,•" so bequest for sup- plying the town of Chepstow with spring-water : 1 3 Drew. 245 ; 4 Drew. « L. E. 4 Ch. App. 309. 850. ' 1 Ver. 55. 2 10 Ves. 22. 8 L. E. 8 Ch. 454 ; L. E. 7 3 31 Beav. 14. H. L. 438. * L. E. 5 Ch. 570. » 2 S. & S. 76. 5 1 De G. M. & G. 506 ; " L. E. 20 Eq. 483. 7 H. K Cas. 124. " W. N. 1877, pp. 95, 149. C 2 20 THE LAW RELATING TO CHARITIES. Jones V. Williams ; ^ for the benefit and ornament of a town : Mayor, Sfc. of Faversham v. Ryder ; ' so too bequest to establish a lifeboat : Johnston v, Swann ; ^ so also bequest to the Chancellor of the Exchequer for the benefit of G-reat Britain : Nightingale v. Goulbourn ;* so a bequest to found an institution for the investigation and care of diseases of quadru- peds and birds useful to man: Univ. of London v. Yarrow ; ^ so a bequest for the encouragement of good servants : Loscomhe v. Wintringham,^ and see the note at the end of this case for other instances of charitable uses ; so a bequest for the benefit of poor persons emigrating to certain colonies : Bar- clay V. Mashelyne!' A trust may be charitable in whatever manner the funds may have been provided, Att.-Gen. v. Brown,^ Att.-Gen. v. Eastlake^ if the purpose to w^hich they are to be applied is a charity, and therefore may be the proper subject of administra- tion by the Court of Chancery and for the inter- vention of the Attorney-General. It has, however, been decided that a conveyance to the overseers and guardians of the poor of land for a workhouse is not charitable and does not require enrolment : Burnaby v. Barshy.^" 1 Amb. 651. 6 13 ^eav. 87. 2 5 D. G. M. & G. 350. ' 4 Jur. N.S. 1294. 3 3 Mad. 457. ^ i g^^n^ 265. * 2 Ph. 594. 9 11 Hare, 205. => 1 D. & J. 72 ; 23 Beav. '» 4 Hur. & N. 690. 159. OF CHARITABLE UBES. 21 These are some objects which would at first sight appear to be charities, but which, being merely for the benefit of individuals and not of the public generally, are not charitable uses, Att.-Gen. V. Whorwood,^ and are therefore not in any way affected by the laws respecting charities, or entitled to the favour which is in some respects shown to dispositions to charitable uses. Thus a bequest for keeping up a private museum in Shakespeare's house at Stratford was held void as not being to a charity, and in- fringing the law against perpetuities : Thompson V. Shakespear,^ So a devise of land to the Penzance Public Library was held not charitable, and void as tend- ing to a perpetuity : Came v. Long ; ^ but in this case the result would have been the same had the gift been charitable, the gift being by will : see also Re Clark^ where a friendly society was held not to be a charity. An instructive case on this subject is that of Cocks V. Manners,^ where the will contained be- quests of pure personal estate and personal estate of the nature of land (impure personalty) to the Newport Catholic chapel and the Brighton Catho- lic chapel, for the general purposes thereof, pay- able to the officiating priest for the time being ; 1 1 Ves. Sen. 534. * 1 Ch. D. 497. 2 1 D. G. F. & J. 399. = L. E. 12 Eq. 574. 3 2 D. G. r. & J. 75. 22 THE LAW RELATING TO CHARITIES. to the Dominican convent at Carisbrook, payable to tbe Superior for the time being, and to tbe Sisters of the Charity of St. Paul at Selley Oak, near Birmingham. The bequests to the chapels were, of course, charities, and failed as to the im- pure personalty. The Dominican Convent was held not a charity as the nuns were a close order, their only object in living together being mutual religious edification, and the gift was therefore held good as to the pure and impure personalty alike, as not tending to a perpetuity. The bequest to the Sisters of St. Paul was held to be a charitable be- quest, and therefore void as to the impure personal estate. So in Hickard v. Rohson,^ a bequest to the churchwardens upon trust to keep up the tombs of the testator and his relatives, was held void as not charitable and tending to a perpe- tuity, an objection which would, of course, not have applied had the bequest been to a charity. So a bequest to ten poor clergymen of the Church of England, to be selected by J. S., was held not charitable : Thomas v. Howell ; ^ see too Brunsdon V. Woolredge ;^ Att.-Gen. v. Haberdashers' Co.;* Liley v. Hay.^ Bequests for the perpetual benefit of poor rela- tions are charitable, and of course it is no objec- tion to the validity of such gifts that they tend to 1 31 Beav. 244. * 1 M. & K. 420. 2 L. E. 18 Eq. 198. ^ j ^are, 580. 3 Amb. .507. OP CHARITABLE USES. 23 a perpetuity: Att.-Gen. v. Price; * Gillam v. Taylm'? Indeed, it does not appear to be settled whether a devise or bequest to poor relations, which does not contemplate a perpetuity, is charitable : Widmore v. Woodroffe i^ but see contra Att.-Gen. v. Buckland ,•* and Mahon v. Savage.^ It need hardly be said that gifts having for their object any purpose which is contrary to law or against public policy cannot be valid as a charity. Thus a bequest for the purpose of paying the fines of persons imprisoned under the Game Laws was held invalid : Thrupp v. Collett ,• ° so a bequest " towards the political restoration of the Jews to Jerusalem and to their own land " was held void : the V.-C. Knight Bruce observing that the object of the bequest, if it could be held to mean any- thing, was " to create a revolution in a friendly country : " Habershon v. Vardon.^ The subject of gifts which are void as being to superstitious uses, now that the Jews, Eoman Catholics, and Dissenters have been placed on the same footing with respect to their charities as the rest of the community, is of less importance than formerly, and requires only a brief notice. The first statute on the subject is the 23 Hen. 8, c. 10, already referred to. This statute, 1 17 Ves. 371. * 1 Sch. & Lef. 111. 2 L. K. 16 Eq. 581. ' « 26 Beav. 125. 3 Amb. 636, 640. ' 4 D. G. & Sm. 467. * Cited 1 Ves. Sen. 231. 24 THE LAW RELATING TO CHARITIES. which, as already noticed, declared void assur- ances to the use of churches, chapels, or coni- munities (ante, p. 5), also declared void "assu- rances to uses to have obits perpetual, or the con- tinual service of a priest for ever, or for threescore or fourscore years." This statute, and the retro- spective statute (1 Edw. 6, c. 14), treating as gifts to superstitious uses gifts for the benefit of the souls of the dead, as by masses or the perpetual maintenance of lamps or candles in churches or chapels, and vesting property which had been so given in the King (see Adams ^' Lamberfs Casey reflect the change which had then taken place in the religion of the country, as before that date gifts to such uses were valid.^ Superstitious uses of this kind are still invalid ; but whereas formerly a gift partly to a good charitable use and partly to superstitious uses was, as a general rule, alto- gether void (see Shelford on Mortmainj pp. 93, 99), the rule has, as to Eoman Catholic charities under gifts to which the question most frequently arises, been altered by "The Eoman Catholic Charities Act," 23 & 24 Vict. c. 134, s. 1. By this Act it is enacted that : " No existing or future gift or disposition of real or personal estate, upon any lawful charitable trust for the exclusive benefit of persons professing the Eoman Catholic religion, shall be invalidated by reason only that 1 4Co. Eep. 96 a, 104 b. 2 Cro. Eliz. 449; 4 Eep. 113a; 1 Eep. 23 b. OF CHARITABLE USES. 25 the same estate has been or shall be also subjected to any trust or provision deemed to be super- stitious, or otherwise prohibited by laws affecting persons professing the same religion :" and the Act provides that the estate may be appor- tioned by the Court, and the proportion fixed by the Court applied to the lawful charitable trusts declared by the donor, the residue to be applied for such lawful charitable trusts for the benefit of persons professing the same religion, • as the Court may consider just according to a scheme. The Act, it will be observed, is retrospective. In Gary v. Abbott'^ it was held that the testator having devoted the property to a purpose which was charitable, although illegal, the gift should not fail altogether, but be disposed of to such charitable uses as the Crown should by sign manual direct : see too De Costa v. De Pas,' where a bequest to found a Jewish place of worship was dealt with in the same manner. These cases, which can now rarely occur, appear to conflict with the general rule that, when there is a gift to a particular charity which cannot take effect, the heir-at-law or next of kin are entitled. "Where the superstitious uses are not charitable — as bequests for procuring the saying of masses for the testator's soul in perpetuity or otherwise — the 1 7 Ves. 490. ^ Amb. 228. 26 THE LAW RELATINa TO CHARITIES. gift is simply void : West v, Shuttleworth ;' Heath v. Chapman ;^ BlundelVs Trusts f Sims v. Quinlan.^ It would appear that at the Common Law gifts for promoting religious doctrines contrary to the religion of the State, as those of the Roman Catholic Church, Cary v. Abbott^ De Themmines v. De Bonneval,^ were invalid, and the statutes passed with the object of prohibiting the teaching of such doctrines are very numerous, as may be seen in the Act 9 & 10 Yict. c. 59, repealing such statutes; but the gifts in those cases would now be held* valid, and superstitious uses properly so called appear to be such purposes only as are analogous to those mentioned in the statutes of superstitious uses above referred to : West v. Shuttleworth ;' Heath v. Chapman f Att.-Gen. v. Fishmongers' Co.^ In some cases the question whether a charitable use is created, or whether the property is merely given for purposes of private benevolence, and therefore does not fall within the rules adopted by the Court in relation to charities, is of some nicety. Thus in the case of Att.-Gen. v. Baxter,^" a bequest to Baxter to be distributed by him among sixty pious ejected ministers was held valid as 1 2 M. & K. 684. « 5 Euss. 288. 2 2 Drew. 417. ' 2 M. & K. 684. 3 8 Jut. N.S. 5. s 2 Drew. 417. * 16 Jr. Ch. B. 195 ; 17 Ir. » 2 Beav. 151 ; 5 M. & C. Ch. E. 43. 11. 5 7 Ves. 490. 10 1 Ver. 248 ; 7 Yes. 76. OF CHARITABLE USES. 27 a gift to individuals ; and see Thomas v. Howell ,-^ and see the cases as to bequests to " poor relations," ante, p. 22. " So a bequest to such objects of benevolence and liberality " as D. in his own discretion should most approve, Morice v. Bishop of Durham,^ was held not charitable. So in Ommaney v. Butcher,^ a gift of residue to be disposed of in private charity was held not a charitable use. In some cases the gift has failed from the want of sufficient evidence to show an absolute intention on the part' of the donor to devote the property to any purpose being a charitable use in the technical sense of that term. Thus bequests for charitable or public purposes, or to any person or persons as testator's executors " should think fit," Vezey v. Jamson ;* " for such charitable or other purposes " as the trustees should think fit, were held not charitable : Ellis v. Selby;^ and see Kendall v. Grainger.^ But where the " bequest was for such charitable or other public purposes as lawfully might be in the parish of T.," it was held a good charitable use: Dolan V. MacJDermot.'' In some cases gifts to charities have been held invalid because the property was partly devoted to 1 L. K. 18 Eq. 198. ^ 7 Sim. 352 ; affd. 1 My. 2 9 Ves. 399 ; 10 Ves. 521. & C. 286. 3 Turner & E. 260. « 5 B. 301. * 1 S. & S. 69. ' L. E. 3 Ch. 676. 28 THE LAW RELATING TO CHARITIES, objects not charitable, and partly to lawful charities, and it was impossible to ascertain the amount given to each. It has, however, been recently held that when the property is given to trustees partly for a purpose not lawful, and the residue to a lawful charitable purpose, the whole fund will be given to the lawful charitable purpose : Hoare v. Osborne ;^ Fisk V. Att.-Gen. ;^ Dawson v. Small ;^ Re Williams.^ So, too, where there was a bequest of a fund to trustees to be invested in freehold mortgage secu- rities for the benefit of charities, which was there- fore invalid, and the residue was given to A., held that A. took the whole : Aston v. Wood.^ DISSENTERS, ETC. Since the passing of the Toleration Act, 1 "Wm. & M. c. 18, charitable trusts for promoting the religious opinions of Protestant Dissenters, as for maintaining ministers, chapels or schools, have been held valid and carried into execution by the Courts: Att.-Gen. y. Pearson;^ Att.-Gen. v. Cock;'' Waller v. Childs f as to Dissenting schoolmasters, see 19 Geo. 3, c. 44, s. 2 ; and Unitarians are in this respect on the same footing with other Dissenters, the penalties attached to denial of 1 L. E. 1 Eq. 585. » 22 W. E. 893. 2 L. E. 4 Eq. 521. « 3 -^^^ 353 3 L. E. 18 Eq. 714. ' 2 Ves. Sen. 273. * 5 Oh. D. 735. 8 Amb. 524. OF CHARITABLE USES. 29 the Trinity having been abolished by 53 Greo. 3, c. 160 : Shrewsbury v. Hornby} It seems hardly necessary to say that although it was illegal to devote property to the purpose of promoting doctrines contrary to the established religion, persons professing such doctrines might be the subjects of charitable bequests : Isaac v. Gompertz, cited in note to De Costa v. De Pas f Strauss V. Goldsmid? The disabilities affecting Eoman Catholics with respect to the holding of property for religious, educational, or charitable purposes were removed by 2 & 3 Wm. 4, c. 115, by which Act they are placed on the same footing as Protestant Dis- senters : see Bradshaw v. Tasher ,•* West v. Shuttle- worth;^ see too Roman Catholic Charities Act, 23 & 24 Vict. c. 134. The statute expressly pro- vides that nothing therein contained shall be taken to repeal or alter the provisions of 10 Greo, 4, 0. .7, respecting the suppression or prohibition of the religious orders or societies of the Church : see Sims v. Quinlan.^ The disabilities of the Jews have in like manner been removed by 9 & 10 Yict. c. 59. 1 5 Ha. 406. ^ 2 My. & K. 684. 2 Amb. 228. « 16 Ir. Ch. E. 195 ; 17 Ir. 3 8 Sim. 614. Ch. R. 43. * 2 My. & K. 221. 30 THE LAW RELATING TO CHARITIES. CHAPTER III. OF BEQUESTS TO CHARITIES. It will be observed that, with respect to land or property of the nature described in the Act, dis- positions in favour of charities which do not com- ply with its provisions are declared absolutely void. Money and personal estate not partaking of the nature of land, pure personal estate, may still, as before the passing of the Act, be the subject of a gift to charity by will or unenrolled deed. The chief object and effect of the statute may be said to have been to take away from testators the power previously possessed by them of devising land to charities. Most of the cases on the construction of the statute have naturally arisen under wills, and it is proposed in this chapter to treat of the property which cannot be given to charity by will, as the decisions on that subject will equally apply to dispositions of similar property which in any other respect offend against the requirements of the statute. The statute applies to land whether freehold, copyhold (24 & 25 Vict. c. 9, s. 1), or leasehold : OP BEQUESTS TO CHARITIES. 31 Arnold v. Chapman;^ Att.-Gen. v. Tomhins '^ Att.- Gen. V. Graves f Doe v. Waterton j* and to all charges on or interests in land: Att.-Gen. v. Harley.^ The statute has also been construed as applying to property which partakes of the nature of land generally and spoken of as impure personalty. Money to arise from the sale of land, Att.-Gen. V. Lord Weymouth,^ Att.-Gen. v. Harley^ is clearly within the statute. This is the case even if the sale has been directed by a previous testator under whom the donor to charitable uses claims : Brook V. Badley.^ Money, stocks, &c., directed by the will or otherwise to be laid out in the purchase of land are within the express words of the statute, and therefore pecuniary legacies to Queen Anne's Bounty were held invalid on the ground that by the rules of that charity their funds were directed to be laid out in land : Wid- moreN. Wbodroffe ;^ Middletonv. Clitheroe;^" and see Incorporated Society v. Barlow j" and a recommen- dation by the testator which will amount to a trust to lay out the money in lands will equally render the gift invalid : Att.-Gen. v. JDavies.^^ So too any 1 1 Ves. Sen, 108. ' 5 Mad. 321. 2 Amb. 216. 8 L. E. 3 Ch. 672. 3 Amb, 155. ^ Amb. 636. * 3 B. & Al. 149. i» 3 Ves. 734. = 5 Mad. 321. " 3 D. G. M. & G. 120. « Amb. 19. 1= 9 Ves. 535. 32 THE LAW KELATIN& TO CHARITIES. bequest in sucli terms as show that the testator means the trustees to acquire land, as where the money ia given to be laid out in or towards builds ing or establishing a hospital or other building for charitable purposes : Tatham v. Drummond j* Re Lees Trusts,^ where the bequest being for " build- ing and endowing" a church was held void, though in Sinnett v. Herbert ^ a bequest of pure personalty to trustees for '' erecting or endowing " a church was held valid, endowment of a church being a valid object of a charitable bequest,: and see Edwards v. Hall.* In PMlpott V, St. George's Hospital ^ a bequest of money to trustees to be laid out in building for charitable purposes, in case land should at any time be given by any person, was held valid. In this case the testator devised a piece of land to A., who, acting in accordance with the obvious inten- tion of the testator, within a year after his death conveyed it to trustees for the charity. See also Henshaw v. Atkinson f Sewell v, Crewe-Read ;' Chamherlayne v. Brockett? In Pratt v. Harvey^ the rule was stated by Sir John Wickens, V.C., to be well established, that in order to render valid a gift for building a church or other building for 1 4 D. G. J. & S. 484. 6 3 -^^ gog. 2 21 W. E. 168. ' L. E. 3 Eq. 60. 3 L. E. 7 Ch. 232. « L. E. 8 Ch. 206. * 6 D. G. M. & G. 74. » L. E. 12 Eq. 544 ; and see » 6 H. L. C. 338. Cox v. Dixie, W. N. 1877, p. 226- OF BEQUESTS TO CHARITIES. 33 charitable purposes tbere must be found in the will a reference to an existing site (already in mortmain) on which the building contemplated shall be erected, or "words expressly excluding the application of the money given in the acquisition of land : " see, too, Hawkins v. Allen} The pur- chase-money of land contracted to be sold by tes- tator, but remaining unpaid at his death, cannot be bequeathed to charity : Edwards v. Hall ;* Shepherd v. Beetham f Harrison v. Harrison.* A covenant which is to be satisfied out of land or impure personalty cannot be enforced against a testator's estate in favour of a charity : Jefferies V, Alexander f Fox v. Lownds.^ The proceeds of growing crops have been held to be impure personalty : Symonds v. Marine Soo} Shares in the New River are real estate for all purposes, Davall v. New River Co.^ and cannot be devised to a charity ; and Bath Navigation shares have been held to be within the Act : Howse v. Chapman;^ but generally speaking, shares in a company, whether incorporated or unincorporated, although the property of the company may consist partially of land — as, in the case of railway, dock, or gas companies — are pure personalty : Myers v, 1 L. R. 10 Eq. 246. « L. E. 19 Eq. 453. 2 11 Hare, 22. ' 2 Giff. 325. 3 6 Ch. D. 597. . 8 3 D. G. & Sm. 394. * 1 E. & M. 71. ® 4 Ves. 542. 5 an. L. C. 594. D 34 THE LAW RELATING TO CHARITIES. Perigal;^ Taylor v. Linley,'^ Edwards v. Hall ;^ Ashton V. Ld Langdale;^ Walker v. Milne? In JEntwisle v. Davis, ^ it was held by Y.-C. Wood that shares in a company formed for the purpose of purchasing land and reselling &c., or letting it, were not within the Act. ~ The last case conflicts with Morris v. Glyn^ but appears to be in accordance with the other decisions above referred to ; see Hayter v. Tucker.^ Tithes, being hereditaments, could not, of course, be devised to a charity ; and a bequest of a fund to be laid out in the purchase of tithes, to be re- vested in the Church of England, is void : Denton v. Ld. Manners? Although, where a bequest to a charity is di- rected to be laid out in land, it will, as we have seen, be invalid; yet where the trustees have a discretion either so to lay it out or to apply it in a manner not prohibited by the Act, it will be valid, as it will be presumed that the trustees will act in a lawful manner : Mayor of Faversliam v. Ryder^" Salisbury v. Denicm^^ Univ. of London v. Yarrow^"^ Lewis v. Allenhy?^ and see Church Bdg. Soc. v. > 2 D. G. M. & G. 599. ' 27 Beav. 218. 2 29 L. J. Ch. 534 ; 2 D. F. « 4 K. & J.-243. & J. 84. 9 2 D. G. & J. 675. 3 6 D. G. M. & G. 74. i» 5 D. G. M. & G. 350. * 4 D. G. & Sm. 402. . " 3 K. & J, 529. » 11 Beav. 507. ' " 1 D. G. & J. 72. 6 L. E. 4 Eq. 272. " L. E. 10 Eq. 668. OP BEQUESTS TO CHARITIES. 35 Barlow ; ^ and the illegal application of the fund may be restrained by the Court : Carter v. Green? The principal money and interest secured by mortgages of land are alike within the Act, and cannot be given by will to a charity : Att-Ge7i. v. Caldwell,^ Currie v. Pye,* Alexander v. Brame;^ and money cannot be given to pay off a mortgage on lands in mortmain : Corhyn v. French^ Water- house V. Holmes;'' though it is otherwise where the debt is not a charge on the land : Bunting v. Marriott.^ ? JU -^^^-^.^ %^^ /^2 c^.- 2). ^^. As a direction to purchase land renders a bequest to charity invalid, a bequest of money to be invested on "mortgage" for the benefit of a charity is void : Baker v, Sutton,* see Graham v. Paternoster}" By 33 & 34 Vict. c. 34 (1st Aug. 1870), corpo- rations and other trustees for charities are em- powered to invest the trust moneys on any real security " authorized by or consistent with the trusts on which such moneys are held," without complying with the conditions and solemnities of the Mortmain Act. Sect. 2 directs that in such cases the charity shall be entitled to a sale and not to foreclosure, and that 1 3 D. G. M. & G. 120. « 4,Ves. 418. 2 3 K. & J. 591. ' 2 Sim. 162. 3 Amb. 635. * 19 Beav, 163. * 17 Ves. 462. ' 1 Keen, 224. » 30 Beav, 153 ; 7 Jnr. N.S. 889. " 31 Beav. 30. D 2 36 THE LAW RELATING TO CHARITIES. when, by release or otherwise, the equity of re- demption is barred, the laud shall be held on trust for sale. By this Act it is declared, s. 1, that in so in- vesting the charitable funds the trustees shall not be deemed to acquire any interest in land within the meaning of the " Mortmain Act ; " but the inability of testators to bequeath money invested on mortgage or interest, or money to be so invested for the benefit of a charity, appears unaltered: Aston V. Wood} Of course a gift by will of future rents and profits is equivalent to a gift of the land, and therefore void ; but arrears of rent may be bequeathed to charity : Edwards v. Hall? A bequest of pure personal estate may fail through the purpose for which it is given being inseparable from a devise forbidden by the Act : as where houses were devised for the poor of a parish, and the interest of money for repair of the houses, the former gift failing, the latter became inoperative: Att.-Gen.v. Goulding;^ Aft, -Gen. v. Whitchurch ;* Att.-Gen. v. Hinxman.^ A bequest of money to be laid out in building, or in repair of buildings existing on land g,lready in mortmain, is clearly valid : Att.- Gen. v. Parsons," 1 22 W. E. 893. * 3 Ves. 141. 2 11 Hare, 6 ,-6 D. G. M. & ^ 2J.& W. 270. G. 74. 6 8 Ves. 186. 3 2 Bro. C. 0. 428. OF BEQUESTS TO CHARITIES. . 37 Fisher v. Brierly^ Harris v. Barnes^ Att.-Gm. v. Bp. of Chester.^ The legacy duty payable in respect of a bequest to a charity cannot be paid out of impure person^ alty : Wilkinson v. Barber. *' But by 42 Greo. 2, c. 16, money may be bequeathed for redeeming the land-tax on any lands held upon charitable trusts. The decisions as to some of the classes of property which have been held subject to the provisions of the Act as being " impure person- alty " are at present somevirhat conflicting. The Act, it will have been observed^ prohibits dispo- sitions to charities of " manors, lands, tenements, rents, advowsons, or other hereditaments," or " any estate or interest therein," or any charge or in- cumbrance affecting or to affect any lands, tene- ments, or hereditaments, or of " stock, money, goods, chattels, or other personal estate to be laid out or disposed of in the purchase of any lands, tenements, or hereditaments." Money charged on turnpike tolls : Knapp v. Williams,^ Tyrrell v. Whinfieldf dock dues: Alexander v. Brame;'' tolls of a lighthouse or harbour: Att.-Gen. v. Jones^ Ion v. Ashtonf mortgage of borough rates : Thornton v. Kempson ,•" - 1 1 D. G, F. & J. 643. » W. N. 1877, p. 99. 2 Amb. 650. ' 30 Beav. 153. 3 1 Bro. C. C. 444. » i m. & G. 574. * L. E. 14 Eq. 96. ' 28 Beav. 379. 5 4 Ves. 430 (n.). i" Kay, 592. 38 THE LAW RELATING TO CHARITIES. of poor rates : Finch v. Squire ,-^ metropolitan stock: Cluff Y . Cluff i^ mortgages by Improvement Commissioners charging the works, rents, and rates : Chandler v. Howell ;^ have all been held property of the nature of or interests in land, and bequests of such property to charity been held void accordingly. But in Holdsworth v. Davenport,^ and ill the case of Mitchell v. Moherly^ debentures in the form in Scheduler C. to the Companies Clauses Consolidation Act, 1845, have recently been held not to be within the Act. The decisions in these cases are, however, expressly founded on the decision in the earlier case of Gardner v. i. C. S{ D. Ry.,^ to the effect that such debentures did not enable the mortgagees to sell the undertaking, or create a charge on the superfluous lands of the compa,ny, or the proceeds of sale of such lands, but were merely mortgages of the undertaking as a going concern, entitling the mortgagees to have a receiver appointed of the tolls. The superfluous lands of a railway company do not appear to form part of the undertaking, and the fact that a debenture creates merely a mortgage of the undertaking as a going concern, so that the debenture holders are not entitled to put an end to the undertaking by sale or otherwise, does not seem to be conclusive as shewing that the tolls on 1 10 Ves. 41. ^ 3 Ch. D. 185. 2 2 Ch. D. 222. 5 6 Ch. D. 655. 3 4 Ch. D. 651. « L. E. 2 Ch. 201. OF BEQUESTS TO CHARITIES. 39 which the debentures are charged are not an interest in land, and the decisions are ijiconsistent with the earlier decision of Ashton v. Lord Lang- dale ;^ and see Cramp v. Play foot ;^ and the obsei*- vations of V.-O. Sir Chas, Hall in Cliandler v. Howell.^ And in Attree v. Hawe^ it has been held bj the Judge last referred to that debenture stock of a railway company cannot be bequeathed to a charity. SECRET TRUSTS. Of course the Statute of Mortmain cannot be evaded by means of a secret trust. Thus in Springett v. Jenings,^ where testatrix having by deed enrolled conveyed lands to trustees for a charity, by her will devised the same lands in case she should not in her lifetime have effectually disposed thereof to two persons (who were two of the trustees named in the deed) as joint tenants, and died within twelve calendar months after execution of the deed, the devise was held void, the devisees not denying the secret trust. But the onus of proving that property devised was in fact given upon a secret trust for charities lies on the persons seeking to impeach the devise, and they must shew not only that the testator intended to create a trust for charity, but that 1 4 D. G. & Sm. 402, 413. * W. N. 1877, p. 227. 2 4 K. & J. 479. ' L. E. 10 Eq. 488. 3 4 Ch. D. 651. 40 THE LAW RELATING TO CHARITIES. such intention was known and assented to by tlie devisees : Jones v. Badley ;^ see Wallgrave v. Tebbs? Where there is a devise upon a secret trust for a charity the legal estate passes to the devisees ; but the devise will be set aside in Equity as a fraud on public policy : tweeting v. Sweeting.^ » L. R. 3 Eq. 635 ; 8 Ch. = 2 K. & J. 313. 362. 3 3 N. E. 240. OF ALIENATIONS TO CHARITIES INTER VIVOS. 4.1 CHAPTER lY. OP ALIENATIONS TO CHARITIES INTER VIVOS, The Act 9 Geo. 2, c. 36, requires for the validity of a voluntary conveyance to charity of property falling within the description contained in the Act, as to which see preceding chapter, that it shall be by deed (indenting is no longer re- quired) sealed and delivered in the presence of two or more credible witnesses, twelve calendar months at least before the death of the donor or grantor (including the days of the execution and death), and shall be enrolled in Chancery within six calendar months after the execution. Transfers of stocks to be laid out in the pur- chase of lands are to be made six calendar months before the death of the donor or grantor (including the days of transfer and death). All conveyances and transfers are to be made to take effect in possession, for the charitable use intended, immediately from the making thereof, and be without any power of revocation, reserva- tion, trust or condition, limitation, clause or agree- 42 THE LAW RELATING TO CHARITIES. ment whatsoever for the benefit of the donor or grantor, or of any person or persons claiming under him. The provision requiring conveyances of land, &c., to be executed twelve months before the death of the grantor, or transfers of stocks to be executed six months before such death, do not apply to purchases for value,' s. 10, As to death of the grantor within twelve months after the execution of the conveyance, see Price v. Hath- away ;' Hawkim v. Allen?' Voluntary conveyances of lands as sites for schools are by 4 & 5 Yict. c. 38, and 7 & 8 Yict. c. 37, s. 3, rendered valid, though the grantor die within twelve months. See, too, 12 & 13 Vict, c. 49, s. 4 ; 15 & 16 Vict. c. 49, containing similar provisions as to sites for schools, "for masters and mistresses of elementary schools," and for " schools or colleges for religious or educational training of the sons of yeomen, tradesmen, or others, or for the theological training of candidates for holy orders, which are erected or maintained in part by charitable aid." Conveyances, whether voluntary or for value, must be attested by tm> witnesses : Doe v. Munro f Wickham v. Marquis o^^Sa^A.* But as to convey- ances for value, a defect of this kind is cured by 1 6 Mad. 304. ^ 12 M. & W. 482. 2 L. K. 10 Eq. 246. * L. E. 1 Eq. 17. OF ALIENATIONS TO CHARITIES INTER VIVOS. 43 enrolment, see 24 Vict. c. 9, s. 3 (retrospective) ; see, too, 25 & 26 Vict. c. 17 ; 27 Vict. c. 13 ; 29 & 30 Vict. c. 57 ; 35 & 36 Vict. c. 24. The provisions as to enrolment extended equally to voluntary conveyances and conveyances for value, Att.-Gen. v. Gardner. ^ But a series of Acts have extended the time for enrolment in the case of conveyances for value : see 9 Geo. 4, c. 85 (retrospective only) ; 24 Vict. c. 9, s. 3 ; 25 & 26 Vict. c. 17; 27 Vict. c. 13 ; 29 & 30 Vict. c. 57; 35 & 36 Vict. c. 24, by the last of which Acts, s. 13, without any order of the Court, deeds inadvertently omitted to be enrolled may be enrolled by the Clerk of the Court on an affidavit shewing the facts. As to enrolling any sub- sequent deed shewing the trusts, where the ori- ginal trust deed has been lost, see 27 Vict. c. 13, s. 3 ; 29 & 30 Vict. c. 57 ; and 35 & 36 Vict, c. 24, s. 13. In the case of conveyances for value, the objec- tion to a deed founded on the want of enrolment can, therefore, where the omission to enrol has arisen from inadvertence, now be cured at any time. Enrolment is optional in the case of conveyances to trustees for religious or educational purposes under 31 & 32 Vict. c. 44, of land not exceeding two acres (s. 2). As to enrolment of deeds in 1 2 D. G. & S. 102. 44 THE LAW RELATIlSra TO CHARITIES. the case of Roman Catholic charities, see 23 & 24 Vict. c. 134 (Eoman Catholic Charities Act). By the Act 24 Vict. c. 9, ss. 2, 4, where there are two deeds, the one conveying the property to charity, the other declaring the trusts, the enrolment of the latter is declared sufficient ; and see 25 & 26 Vict. c. 17, s. 4 ; 27 Vict. c. 13, s. 2. Where property is held upon charitable trusts, under a deed duly enrolled, subsequent deeds deal- ing with the property do not require enrolment: Att.-Gen v. Glyn;^ Ashton v. Jones? By 25 & 26 Vict. c. 17, it is also enacted, s. 5, that money expended before the passing of the Act in building or permanent improvement is to be deemed equivalent to money paid for purchase of the land. No deed requires acknowledgment before being enrolled, 25 & 26 Vict, c. 17, s. 3 ; 29 & 30 Vict. c. 37, s. 2 ; 31 & 32 Vict. c. 44, s. 3. Conveyances are to take effect in possession, but as to leases, it is sufficient if the term is to commence within one year: 26 & 27 Vict, c. 106. No power of revocation, benefit, &c., is to be reserved to the grantor : Way v. East.^ A resulting trust for the grantor for life or otherwise in- validates the deed : Limbrey v. Gurr ;* Morris 1 12 Sim. 84. » 2 Drew. 44. 2 28 Beav. 460; 6 Jur. '' 6 Mad. 151. N.S. 970. OF ALIENATIONS TO CHARITIES INTER VIVOS. 45 V, Owen ;' and see Wickham v. Marquis of Bath? But the fact that the deed is retained by the vendor does not invalidate it, though he may have remained in occupation of the land^ Fisher v. Brierley? And the donor may reserve the right to regulate the charity : Grieves v. Case.^ The consideration on sale to a charity may con- sist, wholly or partly, of a rent-charge to be reserved to the grantor : 24 Vict. c. 9, ss. 1, 3 ; 25 & 26 Vict. c. 17, s. 2 ; 27 & 28 Vict. c. 15, s. 4. Deeds conveying land to charity are declared not to be invalid by reason of a nominal rent, or mines, minerals, or easements being reserved ; and a conveyance to charity is not to be rendered invalid by containing " covenants or provisions as to erection or repair, position or description of buildings, or formation or repair of streets or roads, drainage, or nuisances, or any covenants or pro- visions of a like nature," for the use and enjoy-, ment, as well of the hereditaments comprised in such assurance, as of any other adjacent or neigh- bouring hereditaments, or any right of entry, on non-payment of such rent, or on trust of any such covenant or provision, or any stipulations of 1 W. N. 1875, p. 132. 3 10 H, L. C. 159 ; S. C. 1 2 L. E. 1 Eq. 17. D. G. F. & J. 643. * 2 Cox, 301. b THE LAW RELATIlsra TO CHARITIES. le like nature for the benefit of the donor or ranter, or of any person or persons claiming nder him." The grantor is, however, to reserve the same enefits to his representatives as to himself : 24 Yict. . 9, s. 1. CONSTRUCTIOJir OF ALIENATIONS TO CHARITIES. 47 CHAPTER V. CONSTRUCTION OF ALIENATIONS TO CHARITIES. GriFTS to charity ■which do not infringe the pro- visions of the Mortmain Act are favoured by the Court. Thus a bequest to charity, however general in terms, will not be void for uncertainty, but will be carried into effect by means of a scheme : Bp. of Hereford v. Adams ;^ Morice y. Bp. of Durham;^ Att.-Gen. V. Herrickf Dolan v. Macdermot ;* Wil- kinson V. Lindgren ,•" If a bequest is equally capable of two construc- tions, of which the one will render it invalid, the other being a good charitable use, the latter will be adopted : Bruce v. Presbytery of Beer^ In favour of a charity, a power well exercised in other respects, though not complying with the formalities required for execution, will be deemed effectively exercised : Innes v. Sayer? As all charities must be for the public benefit, 1 7 Ves. 324. = L. E. 5 Oh. 570. 2 9 Ves. 399-405. « L. E. 1 Sc. App. 96. 3 Amb. 712. ' 3 M. & G. 606 ; 7 Ha. 377. * L. E. 3 Ch. 676. 4-^8 THE LAW RELATING TO CHARITIES. a conveyance to a charity, though voluntary, does not appear to be like an ordinary voluntary settle- ment, and therefore capable of being set aside by a subsequent conveyance to a purchaser for value : Att.-Gen. V. -Corporation of Newcastle} See, how- ever, the observations of Lord St. Leonards on this case, y. & P., 14th ed., p. 417; Trye v. Corpora' tion of Gloucester.^ Where a testator bequeaths pure personal estate to such charities as shall be named by him in a codicil, or. as A. shall appoint, or as have been named by him in a writing, the gift is valid,, though no codicil be executed, or appointment made, or no writing can be found, and will be carried into effect by the Court by means of a scheme: Att.-Gen. v. Syderfinf Commissioners of Char. Don. v. Cotter ;* Att.-Gen. v. Fletcher f Mills v. Farmer f Pocock v. Att.-Gen} See also Yates V. Univ. College f Aston v. Wood? So where a testator, after bequeathing a definite sum to charities, left blanks in his will for the names of the charities and the sums to be paid to each, the gift was held void : Fieschel v. Paris.'" But where the sum to be divided amOng the 1 5 Beav. 307 ; 12 CI. & F. « 1 Mer. 55. 402 ' 3 Ch. D. 350. 2 ■ 14 Beav. 181-182. » l. E. 8 Ch. 454 ; 7 H. L. 3 7 Ves. 43 (n.). 438. • « 1 Dr. & W. 501. 9 L. E. 6 Eq. 419. s 5 L. J. (N.S.) Ch. 75. 10 2 S. & S. 384. CONSTRUCTION OF ALIENATIONS TO CHARITIES. 49 charities is left in blank, the gift will of course fail : Hartshorne v. Nicholson.^ See, too, Ewen v. Bannerman? Where a sum is given to charities, or to charities and individuals, in proportions to be fixed by the trustees, the Court will not interfere with the exer- cise of their discretion : Lewis v. Allenby^ But if they neglect to exercise it, the fund will be dis- tributed by tbe Court : Salusbury v. Denton ;* Reeve V. Att.-Gen.^ It very often occurs that a testator incorrectly describes the charity he intends to benefit, and the legacy is consequently claimed by two or more charities. In such cases parol evidence is admissible to shew that the description, though not strictly accurate, is sufficient to make it clear that a par- ticular charitv is intended : Kilverfs Trusts :- and if any ambiguity is raised by parol evidence shew- ing that more than one charity will sufficiently answer the description, that ambiguity may be removed by extrinsic evidence as to which of the societies the testator knew, and to which, he sub- scribed in his lifetime, or expressed an intention to benefit : Kilvert's Trusts ; ' and see Wigram on Extrinsic Evidence, Prop, vii,, s. 184, p. 160; 1 26 Beav. 58. » 3 Ha. 191. 2 2 Dow. & CI. 74. « L. K. 7 Ch. 170. 3 L. E. 10 Eq. 668. ' Supra. * 3K. & J..529. 50 THE LAW RELATING TO CHARITIES. Charter v. Charter.^ The rule being that evidence of surrounding circumstances is in all cases admis- sible to shew the sense in which a testator uses expressions in his will, and that evidence of his intention as shewn by declarations, &c., is admis- sible in those cases, and in those cases only, where the description used by him equally applies with legal certainty to each of several persons or things the subject of the gift contained in his will : see Wigram, 161. In some cases the Court will divide the bequest between two or more societies. Thus in the case Re Alchins Trusts,^ a bequest to the Kent County Hospital, there being no hospital of that name, was divided between two general hospitals in the county of Kent : see Bennett v. Hayter? Instead of adopting the course followed in the cases last referred to, the Court will in general, where the charity intended to be benefited by the testator cannot be identified with certainty, apply the gift cy-pres: Loscombe v. Wintringham ;^ Simon V. Barber;^ Re Clergy Society f Re Maguire;'' and will direct a scheme if necessary: Re Clergy, Society.^ Where a bequest is made to a permanent charitable society as part of their general funds, 1 L. K. 7 H. L. 364-370. ^ 5 Buss. 112. 2 L. E. 14 Eq. 230. " 2 K. & J. 615. 3 2 Beav. 81. ' L. E. 9 Eq. 632. * 13 Beav. 87. ' Su^ra. CONSTRUCTION OF ALIENATIONS TO CHARITIES. 51 no scheme is required : Society for the Propaga- tion of the Gospel in Foreign Parts v. Att. Gen. ,'^ Walsh V. Gladstone?' But where a permanent charitable object is intended, and the bequest is to persons having no corporate character ( Wellheloved V. Jones^), or the trusts declared are not those on which the funds of the charity are held, a scheme is required : Corporation of Sons of the Clergy v. Mose* A scheme also is directed in cases where the trusts are for charity generally, or from- the altera- tion of circumstances they have become altogether or partially inapplicable, as where the particular charity named has ceased to exist, or the value of the property has increased, so as to be more than is required to carry out the objects specified by the founder : Philpotts v. St. George's Hospital f Re Ashton f Mayor of Lyons v. Adv.- Gen. of Bengal? The object of a scheme being to carry out the in- tention of the creator of the charity as nearly as the circumstances will admit, it is obviously impossible to lay down any very precise rules as to the mode in which the Court exercises its .discretion. So long as the trusts declared by the creator of the charity are capable of being executed, the Court ' 3 E. 142 5 27 Beav. 107-111. f 1 Ph. 290. « Ibid. 3 1 S. & S. 40. '1 App. Cases, 91. * 9 Sim. 610. E 2 52 THE LAW RELATING TO CHARITIES. lias no authority to vary them, although it may think that -the charity estate might be more bene- ficially applied: Att.-Gen^ v. Sherborne School;^ Att.-Gen. V. Corporation of Rochester? Where, however, from the increase in the value of the property of the charity, or from any cause, the trusts are partially inapplicable, the Court in directing a scheme will carry out the intentions of the founder as nearly as the altered circum- stances will allow : Att.-Gen. v. Corporation of Rochester f Re Lambeth Charities;*' Att.-Gen y. Duke of Northumberland {Smith's Poor Kin Charity).^ Where property is given to several charitable uses, some cf which fail, the Court does hot neces- sarily give the part which has failed to the others : Att.-Gen. V. Ironmongers' Co.^ A scheme which has been sanctioned by the Court may be -after- wards altered if it is found desirable : Att.-Gen. V. St. Johns Hospital, Bath? Where, however, the charitable trust has wholly failed, as in the cases where funds were to be applied in release of Christian prisoners in Turkey or Barbary, or prisoners for debt: Att.-Gen. v. Ironmongers Co. f Re Prison Charities f a scheme may be directed which in no way resembles the 1 18 Beav. 256, 280. « Cr. & P. 208 ; 10 CI. & F. 2 5 D. G. M. & G. 797. 908. 3 Supra. ' L. E. 1 Ch. 92. * 22 L. J. (N.S.) Ch. 598. « 2 M. & K. 576. 6 W. N. 1877, p. 246. » L. E. 16 Eq. 129. CONSTRUCTION OF ALIENATIONS TO CHARITIES. 53 objects within the intention of the founder. Where it is uncertain whether the particular, object can ever be carried out the fund may be directed to be retained in Court, and inquiries directed, or liberty to apply given : Att.-Gen. v. Bishop of Chester ,-^ Baldwin v. B. ;^ Sinnett v. Herbert ;^ Chamlerlayne v. Brochett* In the case last cited it was contended that the bequest was void for remoteness, as not limited to take effect within the period allowed by law against perpetuities. It was, however, held that the gift to charity was immediate, the mode of execution, only being made dependent on future events. In Christ's Hospital v. Granger,^ where there was a bequest to the corporation of Reading upon trusts for the poor of Reading, with a gift over to the corporation of London for the benefit of Christ's Hospital if the corporation of Reading should for a year neglect to perform the direction of the will, the latter gift was held valid. A trust, whether for a charity or for individuals, will not fail, by reason of the failure of a trustee, as by incapacity to take, or his death in the life- time of the testator, or by the renunciation of an executor, or revocation of his appointment, or by the disclaimer of a trustee : Sonley v. Clochnakers ' 1 Br. C. C. 444. * L. E. 8 Ch. 206. 2 22 Beav. 419. ^ 1 M. & G. 460. 3 L. K. 7 Ch. 232. 54 THE LAW RELATING TO CHARITIES. Co.;"- White v. W. ;^ Att.-Gen. v. Fletcher;^ Walsh V. -Gladstone ;* Marsh v. Att.-Gen.^ If tlie charity to which a bequest is made ceases to exist after the death of the testator the bequest will be applied cypres: Incorporated Society v. Price f Hayter v. Trego ,-' Bunting v. Mamott f and see Re Clark? But where a testator bequeaths property to a particular charity which ceases to exist in his lifetime, or from any other cause the particular charitable object is ah initio incapable of taking effect, the gift will fail ; there being no evidence of a general charitable intention, the fund cannot be applied cy-pres : Att.-Gen. v. Whit- church ;" Att.-Gen. v. Hinxman ,•" Cherry v, Mott ,•" Russell V. Kellett ,•'* Clark v. Taylor ;" Fisk v. Att.- Gen. ,-^^ Re Maguire ;" Sims v. Quinlan}'' Where property is given to charity generally, no trustees being named or objects selected, the Court has not the power of sanctioning a scheme with- out the consent of the Crown by sign manual : see Att.-Gen. v. Fletcher, ^^ Reeve v. Att.-Gen.,^^ Kane v. 1 1 Br. 0. C. 81. " 2 J. & W. 270. 2 1 Br. C. C. 12. " 1 M. & C. 123. 3 5 L. J. (N.S.) Ch. 75. 13 3 gm. & q. 264. * 1 Ph. 290. " 1 Drew. 642. 5 2 J. & H. 61. " L. E. 4 Eq. 521. « IJ. & L. 498. " L. K. 9 Eq. 632. ' 5 Euss. 113. 1' 16 Jr. Ch. E. 195; affd. 8 19 Beav. 163. 17 Ir. Ch. E. 43. 9 1 Ch. D. 497. 1' 5 L. J. (N.S.) Ch. 75. i» 3 VeSw 141. 1" 3 Ha. 191. CONSTRDCTIOlSr OP AT.IEJSTATIONS TO CHARITIES. 55 Cosgrove^ wliere the form of the petition and letters missive under the sign manual are given. It seems hardly necessary to say that where the charitable objects specified by a testator do not require the whole of the fund which he has shewn an intention to give to charity, the Court will, as in the case of no particular objects being named, apply the residue of the fund cy-pres : Att.- Gen. v. Earl of Winchelsea ;^ Bishop of Hereford v. Adams.^ And where property is given, not for the purposes of individual benefit, but for the performance of duties (being a charity) an increase of revenue must "be applied cy-pres : Att.-Gen. v. Brentwood School* DiflSculty has sometimes arisen from the fact of a testator not taking into consideration the pi'o- bable increase in the value of the property, and making such a disposition of the income as though adequate to exhaust it at the time of his death has since become totally inadequate. Where, in such cases, the testator has specified charitable objects which at the date of the will entirely exhausted the income, the increased value will also be held to have been devoted to charity ; in other words, a charitable trust of the whole property is created. But cases have occurred like the Thetford School Case^ in which the question arises whether the testator intended the devisees to 1 Ir. Eep. 10 Eq'. 211. * 1 M. & K. 376-394. 2 3 Br. 0. C. 378. " 8 Co. Eep. 130 b. 3 7 Ves. 324. '5^. THE LAW RELATING TO CtlAlUTIES, take.tiEie property beneficially charged only with cer- tain payments to charity. If the charitable objects named by the testator do not exhaust the then in- come of the property, and no disposition of the sur- plus is made, such surplus and all augmentations arising from the increased value of the property will go to the devisees : Att.-Gen. v. Mayor of BristoU Where there is a disposition of the surplus which may or may not exhaust such surplus at the date of the gift, the question whether any increased surplus belongs to charity or to the devisees is one of intention to be gathered from the particular will. Where the surplus is directed to be applied ' in a manner essential to the continuance of the charities, as to reparations of the property, such direction clearly shews an intention to devote the whole of the then income to the charities, and a trust of the whole increased value of the pro- perty for charities will be held to have been created : Att.- Gen. v. Wax Chandlers Co. f Merchant Taylors Co. v. Att.-Gen. ; ^ and see Att.-Gen. v; Coopers' Co.'^ In the case of the Att.-Gen. v. Wax Chandlers' Co., by the will of William Kendall," a liveryman of the company, real estate was in 1558 devised in remainder, after an estate tail which failed, to the Wax Chandlers' Co. and their successors, "for this intent and purpose and upon this condition " that they should yearly distribute 1 2 J. & W. 294, 332. ^ L. E. 6 Gh. 512. 2 L. R. 6 H. L. 1. -^3 Beav. 29. CONSTRUCTION OP ALIENATIONS TO CHARITIES. 57 eight pounds in the manner therein described, viz., to the poor of the parish of Mary Magdalen, at Old Fish Street end, four pounds, lacking two shillings, for gowns for men and women, and coals at the discretion of the churchwardens, and the said two shillings to the said churchwardens for their painstaking, and after a similar gift to the poor of the parish of Bexley, the testator directed thirty-five shillings to be distxibuted unto the poorest men and women of the Company of Wax Chandlers, and the other five shillings to be distri- buted to the Master and Wardens of the Wax Chandlers for the time being equally ; the rest of the profits the testator directed to be bestowed upon the reparation of the houses and tenements, and the will contained a gift over of the property on failure of the company to comply with the testator's directions to the testator's next of kin and his heirs, upon condition " that he and they and every of them do all these things above rehearsed in all points as it is above rehearsed by me." The property was destroyed in the great fire of London, and rebuilt by the company. The rents of the property largely increased, and the increase was applied by the company for their own benefit. It was held thata trust of the whole property for charity was created, and the increase was directed to be applied cy-pres. Held, also, that the trust for reparation extended to rebuilding, if necessary.' 1 L. E. 6 Ch. 512. 58 THE LAW RELATING TO CHARITIES. The will was very similar in terms in Merchant Taylors Co. v. Att.-Gen., and the decision in that case also gave the whole increase to charity. The perusal of these cases shews that in every case the question is one of intention, which must in each case be gathered from the words of the particular instrilment, and the surrounding facts, and see Tudor on Charities, 237, 238. In Chapman v. Brown^ and Cramp v. Playfoot,^ and other cases, it was held that where after a gift of a fund for a purpose which was void, as building a church or almshouses, there was a gift of any surplus to charity, the latter gift was also void as being of an unascertainable amount. But in Fisk v. Att.-Gen.,^ and Dawson v. Small* and in Re Williams,^ it has in effect been decided that the first gift being void the whole fund went to charity. The effect of these decisions, however, seems to be to take from the next of kin that which was not disposed of by the will, and they can hardly be considered as conclusively overruling the earlier decisions. In the case of Att.-Gen. v. Hinxman,^ already referred to, a bequest of money, the income of which was to be paid to a school- master residing in a house devised by the same will as a residence for the master that might be appointed to a school, was held so connected with 1 6 Ves. 404. * L. E. 18 Eq. 114. 2 4 K. & J. 479. ' 5 Ch. D. 735. 3 L. E. 4 Eq. 521. « 2 J. & W. 270. CONSTRUCTION OF ALIENATIONS TO CHARITIES. 59 the void devise as to fail, and a gift of the residue to the poor also failed ; see, too, Att.-Gen. v. Goulding ."^ The. Coui't does not in any way marshal to ar- range the assets, so as to give indirectly to a charity that which cannot legally be given to it. Where, therefore, there is a general charge of debts and legacies, they are not thrown on the real estate, or the real estate and personal estate savouring of realty, so as to leave the pure personal estate for the charities : Ridges v. Morison ; ^ Cherry v. Mott ; ^ Ilohson V. Blackburn ; * Philanthropic Society v. Kemp ; ^ and see Brook v. Badley.^ And it follows necessarily that wherever the fund for payment of legacies consists partly of property which cannot be given by will to charity, as in the usual case of a testator's residuary personalty, consisting partly of personalty which savours of realty, the charitable legacies, whether pecuniary or residuary, will fail in the proportion borne by such impure personalty to the pure personal estate ; see Beaumont v. Oliveira ; ' Miles v. Harrison ; ^ and see decree in Williams v. Kershaw.^ So where testator devises and bequeaths his real and personal estate upon trust for sale and pay- 1 2 Br. C. C. 427. « L. E. 3 Ch. 672. 2 1 Cox, 180. ' L. K. 4 Ch. 309. 3 1 My. & Cr. 123. » L. E. 9 Ch. 316. - * 1 Keen, 273. ' 1 Seton on Decrees, 4th 5 4 Beav. 581. ed. 589. CO THE LAW RELATING TO CnARITIES. ment of debts and legacies, the real estate and the pure and impure personal estate will contribute rateably to the payment of debts and legacies other than charitable, the residue of the pure personalty only being applicable for the charities : Howse v. Chapman ; ^ Robinson v. London Hospital ; ^ Edwards V. Hall.^ But a testator may himself direct his assets to be marshalled in favour of the charities : Gaskin v. Rogers ; * Wigg v. NichollI' Where the will merely directs that a pecuniary legacy shall be paid out of such part of testator's personal estate as may by law be applied to that purpose, the effect is only to make such legacy payable in priority to other legacies out of such part of the pure personal estate as forms part of the residue after such pure personal estate has contributed rateably with impure personalty to the payment of debts and other charges : Tempest v. Tempest ,•" Beaumont v. Oliveira ; ' Llewellyn v. Rose.^ A testator may, however, as between persons claiming under his will direct his real estate and personal estate savouring of realty (impure per- sonalty), to be first applied towards payment of his debts, funeral and testamentary expenses, so as to reserve such part of his residuary estate as consists of pure personalty for charities ; though 1 4 Ves. 542. « L. E. 14 Eq. 192. 2 10 Ha. 29. ,67 d. (j. -^_ & £-. 470. 3 11 Ha. 22. ' L. E. 4 Ch. 309. * L. E. 2 Eq.. 284. « W. N. 1869, 178. COXSTRTJCTTON OF ALIENATIONS TO CHARITIES. 61 of course such a direction does not affect the rights of creditors : Wills v. Bourne ; ^ Miles v. Harrison ; ^ Be Fitzgerald,^ In Shepherd v. Beetham* the pure personal estate was held to be specifically be- queathed to charity. In determining the proportion borne by the im- pure personal estate to the pure personalty for the purpose of ascertaining the amount to which charitable legacies must abate, regard is to be had to the state of circumstances existing at testator's death : Calvert v. Armitage.^ Where the trustees to whom the property is given for charitable purposes have, either under the will or otherwise, an option to apply it to objects within the Mortmain Act, which would render the gift invalid, or to objects not within that Act, the bequest is, as already observed, valid : Grimmett v. G.,^ Mayor of Faversham v. Byder^ Univ. of Lon- don v. Yarrow,'' Wilkinson v. Barber,^ and the Court will compel them, if necessary, to execute their option in such a manner as not to defeat the gift : ^Carter v. Green.^" In Lewis v. Allenby,^^' where there was a bequest of residue consisting of impure and pure personal estate to trustees, to be divided among such chari- 1 L. E. 16 Eq. 487. ' 5 D. G. M. & G. 350. 2 L. E. 9 Ch. 316. « 1 D. G. & J. 72. 3 W. N. 1877, p. 216. ' L. E. 14 Eq. 96. * 6 Ch. D. 597. i» 3 K. & J. 591. 5 1 H. & M. 446. " L. E. 10 Eq. 66. « Amb. 210. 62 THE LAW RELATIKG TO CHARITIES. ties as they should in their absolute discretion thinlc proper, it was held that the trustees were bound to give the impure personalty to such charities as were lawfully capable of taking it, and the gift was therefore valid. Property of which the disposition fails by reason of its offending against the provisions of the Mort- main Act, in the case of a will fails as undisposed of; and in the case of wills made before the Wills Act, goes to the heir ; if made subsequent to the same Act, to the residuary devisee, if any, otherwise to the heir ; the personal estate, of the nature of real estate, to the residuary legatee or next of kin : see orders in Williams v. Kershaw,^ and Pane v. Archbp. of Canterbury^ Crosbie v. Mayor of Liver- pool ;^ and 1 Vict. c. 26, s. 25 ; Barnard v. Minshull.*' "Where the gift to the charity of the residue, or part of the residue, fails, such gift, according to a well-known rule, so far as it is invalid, does not fall into the residue but devolves, as undisposed of, on the next of kin : Skrynnher v. Northcote ,•* and where the testator has devised and bequeathed his real and personal estate to trustees in trust for sale and payment of debts and given the residue to charities, so much of the residue as arises from the sale of the real estate as is undisposed of through the gift to charity being invalid, will belong to 1 1 Set. 589. * Johns. 276. 2 1 E. & M. 759 (n.). ^ 1 Sw. 570. 3 Ibid. 761 (n.). CONSTRUCTION OF ALIENATIONS TO CHARITIES. G3 the heir, as the conversion fails : Akroyd v. Smith- son ;^ Robinson v. London Hospital ,•* Jones v. Mitchell.^ So where money is directed to be laid out in land for a charity, and the gift therefore fails, it goes to the next of kin : Cogan v, Stephens ,•* see also Williams v. Williams.^ Where the testator directs the real and personal estate to be converted, and the fund produced by such conversion is dealt with by the will as a mixed fund, the residuary legatee (if any) is en- titled to any part of such fund which is undisposed of through the failure of an attempted bequest to charity : Durour v. Motteux ;' Green v. Jackson ,•' Wildes V. Daviesf Spencer v. Wilson f Court v. Buckland.^" But it is otherwise where, though conversion of both real and personal estate is directed, the funds arising from each are by the will treated as distinct : Dixon v. Dawson}^ The costs of an administration suit will not be thrown exclusively on such part of the testator's personal estate as is undisposed of, by lapse or failure of a charitable bequest, but on the whole estate rateably : Trethewy v. Hellyar^'^ ; Fenton v. Wells ;^^ Morgan and Davey on Costs, p. 110. 1 1 Br. C. 0. 503. ' 5 Euss. 35 ; 2 E. & M. 238. 2 10 Ha. 19. s 1 S. & G. 475. 3 1 S. & S. 290. » L. E. 16 Eq. 501. * 5 L. J. (N.S.) Ch. 17. 1° 1 Ch. D. 605. ' Ibid. 87. » 2 S. & S. 327. « 1 Ves. Sen. 320 ; 1 S. & i^ 4 Ch. D. 53. S. 292 (n.). 13 W. N. 1877, p. 218. 64 THE LAW RELATING TO CHARITIES. CHAPTER VI. EXEMPTIOIfS PROM THE ACT. The exemptions mentioned in the Act itself, s. 4, are, first, the two universities : see Att.-Gen, v. Tancred,^ Att.-Gen. v. Munby.^ The restriction on the number of advowsons to be held by the colleges was removed by 43 Greo. 3, c. 101. The colleges of Eton, Winchester, and West- minster are also expressly exempted from the Act, s. 4. Many other charitable institutions have also been wholly or partially exempted from the Act by statutes subsequently passed. Thus, the Foundling Hospital : 17 Geo. 2, c. 29 ; the British Museum: 26 Geo. 2, c. 22, 5 Geo. 4, c. 39 ; Queen Anne's Bounty: 43 Geo. 3, c. 107; Greenwich Hospital : 10 Geo. 4, c. 25 ; St. George's Hospital : 4 Will. 4, c. 38 ; the Bath Infirmary : 19 Geo. 3, c. 23; see Mogg v. Hodges f the Westminster Hospital : 6 Geo. 4, c. 20 ; and many similar 11 Eden. 15; S. C. Amb. 351. 2 1 Mer. 327. ^ 2 Ves. Sen. 52. EXEMPTIONS FROM THE ACT. 65 institutions, have obtained exemption from the Act, the extent of which varies, but in general only enables them to acquire by devise land to a limited extent. In some cases charities are empowered by Acts passed since the Mortmain Act, to purchase, take, and hold lands without license in mortmain, but this will not, in general, enable them to take by devise ; the Mortmain Act having, as before ob- served, deprived testators of the power of devising to charity : Mogg v. Hodges ;^ B. Museum v. White i"^ Robinson v. London Hospital? Where, however, the words of a special Act empowered a charity by will, gift, purchase, or otherwise, to acquire and hold land or personal estate, including money charged on land, a devise of lands was sustained : Perring v. Traill? Where, however, a charity has, under an Act passed since the Mortmain Act, power to acquire money or other personal estate given, devised, or be- queathed, and also to acquire land to a limited ex- tent, money arising from the sale of or charged on land cannot be bequeathed to it by will : Nethersole V. Indigent Blind f Chester v. C. f see, too, Church Building Society v. Coles ,•' Sherwood v. Vincent? In every case, therefore, the words of the special 1 2 Ves. Sen. 52. = L. E. 11 Eq. 1. 2 2 S. & S. 594. e L. E. 12 Eq. 444. 3 10 Ha. 19. ' 5 D. G. M. & G. 324. * L. E. 18 Eq. 88. » M. E., 12th June, 1877. V 66 THE LAW RELATING TO CHARITIES. Act must be looked at to ascertain whether the particular charity is or is not capable of taking by- devise. By the Church Building Act, 43 Geo. 3, c. 108, personalty not exceeding £500, or land not ex- ceeding five acres, may be given by deed enrolled or will executed three months before the testator's death for erecting, rebuilding, repairing, purchas- ing, or providing any church or chapel (Church of England), or " any mansion-house for the residence of any minister" of such church or chapel, or " any outbuildings, office, churchyard, or glebe, for the same respectively :" see Sinnett v. Herbert ,•' shewing that bequests of money exceeding £500 will be valid to that amount. Though specific land may be given, the proceeds of sale of land cannot be given for the above purposes by will : Incorporated Church Building Soc. V. Coles. "^ So by 51 Geo. 3, c. 115, lords of manors are empowered to grant lands not exceeding five acres, parcel of the waste lands of the manor, for churches or churchyards ; see Forbes v. Ecclesiastical Com- missioners.^ By 34 Vict. c. 13, land to any extent may be given by deed, and land not exceeding twenty acres for a public park, two acres for a pubhc museum, and one acre for a school, may be given 1 L. E. 7 Ch. 232. 3 L. r. 15 Eq. 51. =2 5 D. G. M. & G. 324. EXEMPTION'S FROM THE ACT. 67 by will ; and by the same Act personal estate (apparently) to any amount may be given by deed or will for the purchase of land for the above purposes : see, too, as to grants of land for schools, 4 & 5 Vict. c. 38, 7 & 8 Yict. c. 37, 12 & 13 Vict. c. 49, 15 & 16 Vict. c. 49. Deeds executed other- wise than for valuable consideration and wills under 34 Vict. c. 13, are to be executed twelve months before the death of the grantor or testator, and enrolled within six months after the same shall come into operation. By 6 & 7 Vict. c. 37, s. 22, lands or personal estate to any amount may be given by deed or will (in case of lands the deed to be enrolled) to the Ecclesiastical Commissioners towards the en- dowment or augmentation of the income of minis- ters or perpetual curates of the Church of England, or for providing any church or chapel for the pur- poses mentioned in the Act : Baldvnn v. Baldwin} By 31 & 32 Vict. c. 44, conveyances for valuable consideration of land not exceeding two acres for the erection of a building, or whereon a building has been erected, to any trustees on behalf of any society or body associated for reli- gious purposes, or the promotion of education, arts, literature, science, or other like purposes, are altogether exempted from the Mortmain Act. The trustees, may, however, if they think fit, enrol the de§d. 1 22 Beav. 419. P 2 68 THE LAW RELATING TO CHARITIES. The Mortmain Act is expressly declared not to extend to Scotland, where it seems lands may be mortified with consent of the superior : see Shelford on Mortmain, 257 (n.) ; and see as to charities in Scotland, Oliphant v. Hendrie ,-^ Att- Gen. V. Lepine ;^ and Mackintosh v. Toumsend f but it is equally inapplicable to Ireland : Campbell v. Earl Radnor ;* or to India : Mitford v. Reynolds f or to the colonies, being, as said by Sir "Wm. G-rant in Att.-Gen. v. Stewart,^ " in its causes, its objects, its provisions, its qualification, and its exceptions, a law wholly English, calculated for purposes of local policy, complicated with local establishments, and incapable, without great in- congruity in its effect, of being transferred as it stands into the code' of any other country:" see Whicher v. Hume.'' In India gifts of immovables to charity by will are regulated by the Indian Succession Act, 1865, by which, where there" are near relations, the will must be executed twelve months before death : Macdonald v. M.^ As to Canada, see Abbott v, Fraser.^ Land, or the produce of land, in England can- not, of course, be devised to a charity in Scotland 1 1 Bro. C. 0. 571. « 2 Mer. 143. « 2 Sw. 181. ' 7 H. L. C. 124. 3 16 Ves. 330. ^ L. E. 14 Eq. 60. * 1 Bro. C. C. 272. » L. E. 6 P. C. 96. » 1 Ph. 185. EXEMPTIONS FEOM THE ACT. 69 or Ireland : Curtis v. Hutton ; ' and a bequest of money to be laid out in land in England or Scot- land for a charity in Scotland, is void: Att.-Gen. V. MilV The same rules as to construing bequests to chari- ties liberally, and carrying them into effect cy-pres, apply to Scotland as to England : Bruce v. Presbytery of Deer ,-^ Clephane v. Lord Provost of Edinburgh^ The Court of Session has in charity cases the same jurisdiction as the Court of Chancery in England : University of Aberdeen v. Irving.^ There is no rule in Scotland against marshalling in favour of a charity : Macdonald v. Macdonald.^ Ireland. As we have seen, the Act does not apply to Ireland. Down to the passing of that Act the law in both England and Ireland appears to have been the same in respect to alienations to charities. The earlier Statutes of Mortmain, properly so called, were in effect extended to Ireland by Poyning's Act, 10 Hen. 7, c. 22, Devises to cor- porations were, as in England, invalid, the statute of 10 Car. 1 c. 2, s. 2, having the same effect for Ireland as the Wills Act, 34 & 35 Hen. 8, c. 5, had in England: Att.-Gen. v. Flood.'' 1 14 Ves. 537. * L. E. 1 H. L., So. 417. 2 3 Euss. 328 ; 5 Bligh. » i^ia. 289. N.8. 593 ; 2 Dow. & 01. 393. ^ L. E. 14 Eq. 60. 3 L. E. 1 H. L., Sc. 96. ' Hayes, 611. 70 THE LAW RELATING TO CHAEITIES. But devises to charities appear to iiave been at all times valid in Ireland as in England : Incorpo- rated Soc. V. Richards} Licences to individuals and corporations to alien, and also to purchase, acquire, take and hold lands, tenements, rents, and hereditaments in mortmain, are by the Irish Act, 32 Greo. 3, c. 31, grantable by the Crown. The Irish Mortmain Act is 7 & 8 Vict. c. 97, which enacts (s. 16), that " no donation, devise, or bequest for pious or charitable uses shall be valid to create or convey in Ireland any estate in lands, tenements, or hereditaments for such use, unless the deed, will, or other instrument containing the same shall be duly executed three calendar months at least before the death of the person executing the same, and unless every such deed or instru- ment, not being a will, shall be duly registered in the office for registering deeds in the city of Dublin, within three calendar months after the execution thereof." Commissioners of charitable donations for Ireland are appointed by this Act in the place of similar Commissioners appointed by 40 Geo. 3, c. 1 ; and the property belonging to the last-named Commis- sioners is vested in the new body (s, 11). By sect. 12, the Commissioners are to sue for the recovery of charitable donations, devises, and be- quests, wills withheld, concealed, or misapplied, and 1 1 Dr. & W. 258, 293. EXEMPTIONS FROM THE ACT, 71 to apply the same according to the intention of the donor. By sect. 15, lands, tenements, hereditaments, goods and chattels may be granted by deed duly executed and attested by two witnesses, or by will, for building, enlarging, upholding, or furnishing any chapel or place of religious worship of persons professing the Roman Catholic religion, or in trust for any archbishop or bishop officiating in any district, or other person in holy orders of the Church of Rome, or having pastoral superintend- ence of any congregation of persons professing the Roman Catholic religion, and their successors, or for building a residence for his and their use ; but nothing therein contained is to render lawful donations, devises, or bequests in favour of reli- gious orders prohibited by 10 Geo. 4, c. 7 : see Sims V. Quinlan} It will be seen that this Act contains no restric- tions on gifts or bequests of money, to be laid out in land, to charities in Ireland, and such bequests are valid : Att.-Gen. v. Power ; ^ and see Curtis v. Hutton,^ Pollock V. Day.* So also money charged on land may, in Ire- land, be bequeathed to charity : Stewart v. Barton.^ If a legacy be given by will in England to a 1 16 Ir. Ch. E. 195 ; affirmed = 14 Ves. 540. on appeal, 17 Ir. Ch. R. 43. * 14 Ir. Ch. E. 297-371. 2 1 Ball & B. 145. 5 Ir. E. 6 Eq. 215. 72 THE LAW RELATIJra TO CHARITIES. charity in Ireland, the Court of Chancery will not assume administration, but will order it to be paid to the Commissioners : Collyer v. Burnett} An immediate bequest of money, to be expended in masses for testator's soul and the souls of his relatives, is valid, but not charitable: Read v. Hodgens f Att.-Gen. v. Delaney.^ But a bequest to a bishop and his successors to celebrate masses in perpetuity, is void : Dillon v. Beilly} In Ireland, legacies for charitable purposes are exempt from legacy duty, 47 Geo. 3, s. 1, c. 50 ; 5 & 6 Yiet. c. 82 : see Att.-Gen. v. Hopes Exors. f Att.-Gen. Y.Bagotf and see Cullen v. Att.-Gen. for Ireland? 1 Tam. 79. ' Ir. E. 2 Com. Law, 368. 2 7 Ir. Eq. E. 17. ^ 13 Ir. Com. Law Eep. 48. 3 10 Ir. E. Com. Law, 104. ' L. E. 1 H. L. 190. * It. E. 10 Eq. 152. ADMINISTRATION OF CHARITIES. 73 CHAPTER VII. ADMINISTRATION OF CHARITIES. Charities are either established by charter as elee- mosynary CDrporations or are raanaged by indi- vidual trustees, but management by individual trustees presents so many inconveniences that the Charity Commissioners are now, by 35 & 36 Yict. c. 24, s. I, empowered, on the application of the trustees of any charity, to grant them incorporation. Where a charity has been erected by charter, the right to execute the jurisdiction of a visitor over it results of common right to the founder or his heirs if a private person, or to the Crown if the charity is founded by the Crown : £Jden v. Foster;^ Att.-Gen. v. Gaunt? The founder has power to nominate a special visitor, and questions may arise as to whether he has, in fact, done so or not. The governors of a school or the, warden of a hospital are not necessarily .the special visitors : Eden v. Foster f Att.-Gen. v. Archbishop of York* Where the Crown is the founder, or the heir of the founder, being the visitor, cannot be found or is 1 2 P. Wms. 326. ^ 2 P. Wms. 326. =" 3 Swan. 148. * 2 B. & M. 468, 74 THE LAW EELATING TO CHARITIES, lunatic, the right of visitation is in the Crown, and in such cases the right is exercised by the Court of Chancery ; see Lewin on Trustees, 6th ed., 465 ; AtL-Gen. v. Dixie} The application in such cases is by petition to the Great Seal : Re Christ .Church.^ The duty of the visitor is to see that the internal affairs of the charity are administered in accord- ance with the rules and regulations, and for this purpose he has very extensive powers, including the removal and appointment of governors or other corporators : Att- Gen. v. Earl of Clarendon^ {Harrow School Case) ; Whiston v. Dean and Chap- ter of Rochester i^ Att.-Gen. v. Magdalen College.^ With the decisions of the visitor, unless shewn to have proceeded from corrupt motives, the Court of Chancery will not interfere ; see cases above cited, and see Ex parte Inge f Hayman v. Governors of Rugby? The Court of Queen's Bench has the power by mandatnus to compel the visitor to act. In practice the duties of a visitor are now rarely exercised: Att.-Gen. v. St. Cross Hospital,^ and, in fact, it is often impossible to shew in whom the right of visitation resides, in which case the Court of Chancery, as representing the Crown, assumes the jurisdiction. 1 13 Ves. 519. ^ 10 Beav. 403. 2 L. E. 1 Ch. 526. « 2 E. & M. 590. 3 17 Ves. 491. ' L. E. 18 Bq. 28. *■ 7 Ha. 532. ' 17 Beav. 435. ADMINISTKATION OP CHARITIES. 75 The rights of special visitors, however, when existing, are to some extent preserved by recent legislation. Thus, when the Charity Commis- sioners have power to remove a schoolmaster or mistress, the consent of the visitor, if any, is re- quired : 16 & 17 Vict. c. 137, s. 22. So where any order is made by them apportioning parish charities on division of a parish, notice is to be given to the visitor: 18 & 19 Vict. c. 124, s. 14. So, under the Grammar School Act, 3 & 4 Vict, c. 77, the visitor may be heard on application to the Court of Chancery for establishing schemes for the management of such schools ; and by s. 9 their consent is required before several schools can be united. It is thought that in a work like the present it is unnecessary to refer further to the subject of visitors, but the reader is referred for further information on the subject to Tudor on Charities, chap. 4, ss. 2—3, and Lewin on Trustees, 6th ed. 463. "Where the property of the charity is misapplied, the Court of Chancery, which has always assumed, an exclusive jurisdiction in the administration of charitable trusts, will interfere whether there is a visitor or not : Ex parte Berhhampstead School f- Att.- Gen.Y. Browne's Hospital j'^ Att.-Gen. v. St. Cross Hospital;^ Att.-Gen. v. Earl of Clarendon.^ Property may, of course, be given to an existing 1 2 Ves. & B. 138. ^ 17 Beav. 435. 2 17 Sim. 137. * 17 Ves. 499. 76 THE LAW RELATING TO' CHARITIES. eleemosynary corporation upon trusts which differ from those affecting the original property of such corporation. In such case the jurisdiction of the visitor over the original trust property will not be extended to that given upon different trusts, and the Court of Chancery undertakes the administra- tion, as in cases where individuals are the trustees : Green v. Rutherforth} The intentions of the founder as shewn by the rules and regulations, in other words, the trusts de- clared of the charity estate, must be strictly observed by the trustees. Thus a trust for the poor of a par- ticular parish cannot be applied for the benefit of another parish: Att.-Gen. v. Brandreth? So, where a chapel was vested in trustees for the use of the scholars attending a school, it was held that the revenues of the charity could not be applied to enlarge the chapel for the accommoda- tion of the inhabitants of a hamlet by whom it had long been used : Att.-Gen. v. Earl Mansfield.^ So strictly, indeed, was the intention of the founder at one time followed, that it was held that " a free grammar school," being a school for teach- ing the learned languages only, no part of the funds could be applied to teaching modern lan- guages, or writing, and arithmetic : Att.-Gen. v. Whiteley ;'^ and see Att.-Gen. v. Dean of Christ 1 1 Ves. Sen. 462. = 2 Euss. 501. 2 1 Y. & C. Ch. E. 200. ^ 11 Ves. 241. ADMINISTKATION OF CHARITIES. 77 Church? In subsequent cases, however, more liberal views have prevailed, and it was held that writing and arithmetic might well be introduced into a scheme for regulating a free grammar school : Ait. -Gen. v. Ladyman."^ Now, by the G-rammar Schools Act, 3 & 4 "Vict. c. 77, the system of education in any grammar school is extended to other useful branches of literature and science, in addition to or (in the cases speci- fied in the Act) in lieu of the Grreek and Latin languages, or such other instruction as may be required by the laws of the foundation or the existing statutes : s. 1. Generally speaking, property given for the benefit of the poor cannot be applied for those in receipt of parochial relief, thus indirectly benefit- ing the rich: Att.-Gen. v. Corporation of Eoceter^ Att.-Gen. Y. Wilkinson.'^ But in old charities there are many cases where the trusts are expressly declared to be for the benefit of the class for the relief of which provision is now made by the Poor Law, and in such cases the trusts must of course be observed: Att.-Gen. v. Blizardf" Att.-Gen \. Mayor, SfC, of Berwick.^ The authority of Parliament is alone sufficient to justify the application of the funds of an existing 1 Jae. 474=. * 1 Beav. 372. 2 C. P. Cooper, 1837-38, ^ 21 Beav. 233. 180-184. « Tarn. 289. 3 3 Euss. 397. 78 THE LAW RELATING TO CHARITIES. charity for a different purpose : Alt. -Gen. v. Market Bosworth School} The Charity Commissioners now have power to sanction schemes provisionally, which are then to be submitted to Parliament for approval: 16 & 17 Vict. c. 137, ss. 54-60. A corporation has an inherent power of making bye-laws for the regulation of its internal affairs, but in the case of their being trustees for a charity, no bye-law can of course be made which would tend to defeat the object of the trust: Eden v. Foster ;^ nor can trustees having power under deed to make orders for the management of a charity alter the character of the charity : Att.-Gen.- v. Pearson.^ Trustees for a charity can rarely be advised to act on their own responsibility in apply- ing the funds in any other manner than in strict compliance with the terms of the trust. In some cases, however, the trustees have been held justified in departing from the strict letter of their trust. Thus where a fund was held upon trust for finding a master, the trustees were held justified in apply- ing part of the revenues towards rebuilding and repairing the schoolroom and school-house, as otherwise they must be provided by the master himself: Att.-Gen. v. Mat/or of Stamford.^ So where trustees of a school increased the salaries directed by the founder to be paid to the masters, the Court refused to order them to refund : Att.-Gen. v. 1 35 Beav. 305. ^ 3 Mer. 411. 2 2 P. Wms. 327. * 2 Swans. 592. ADMINISTRATION OP CHARITIES. 79 Dean of Christchurch,^ and see Att.-Gen. v. Mercers Company.'^ Parish property, whicli is necessarily held for a charitable use, Att.-Gen. v. Webster,^ was often lost from' there being no trustees; and to remedy this such property was, by 59 Geo. 3, c. 12,. s. 17, vested in the churchwardens and overseers, not as a corporation, but as persons having a parlia- mentary succession in the nature of a corporation : Smith V. Adkins.* For the cases on the construc- tion of this Act see Lewin on Trustees, 6th ed., 467, note (1). By the statute 5 & 6 Wm. 4, c. 69, power to dispose of any workhouse land, or pro- perty belonging to the union or parish, or vested in trustees for it, is given to the guardians or over- seers (s. 3) ; but this does not, it seems, give them, the legal estate : Doe v. Webster.^ By 9 Geo. 1, c. 7, churchwardens and overseers were empowered to purchase workhouses for the poor, and further powers were given by statute 22 Geo. 3, c. 83, and the Act 59 Geo. 3, c. 12, before referred to. By 4 & 5 Wm. 4, c. 76, s. 21, these powers are to be exercised with consent of Poor Law Commissioners, and these Acts are amended and explained by statute 5 Yict. c. 18, which enacts (s. 2) among other enactments, that the power of disposition of lands shall not extend to 1 2 Kuss. 321. * 8 M. & W. 362. 2 2 M. & K. 654. ^ 12 A. & E. 448. 3 L. E. 20 Eq. 483. 80 THE LAW RELATING TO CHARITIES. charitable donations not given for the general benefit of the parish. By the Act 8 & 9 Vict, c, 70, for amending the Church Building Acts, where the Commissioners form a separate or district parish or chapelry, any charitable devises, &c., belonging to the remainder of the parish are to be apportioned, but this does not apply to property given for repair of the parish church : Church Estate Charity, Wandsworth.^ See, too, as to construction of this Act, which gives the Court a discretionary power to apportion the charities or not, Att.-Gen. v. Lovef Ex parte In- cumbent of Brompton f Re Lamleth Charities.^ By the Act 18 & 19 Vict. c. 124, ss, 10, 11, power is given to the Charity Commissioners to apportion charities whose income does not exceed £30 after the division of parishes. Where a school is a Church of England school, as will be the case not only where the founder has expressly so directed, but where he has done so by implication, as by directing it to be for the " promotion of godly learning," Re llminster SchooU Dissenters cannot properly be elected trustees ; but if so elected, the Court will not on that ground only remove them : Att.-Gen. v. Clifton f and in the case last cited it was said by 1 L. E. 6 Ch. 296. ^ 2 D. G. & J. 535. 2 23 Beav. 499. * 32 Beav. 596 ; but see Be 3 5 D. G. & S. 626. Burnham Schools, L. E. 17 Eq. * 22 L. J. (N.S.) Ch. 959. 241. ADMINISTRATIOJf OF CHARITIES. 81 Lord Romilly that a Dissenter might, under peculiar circumstances, be elected schoolmaster, and the children of Dissenters may be admissible as scholars. See, too, Att.-Gen. v, Calvert} Power to make schemes for the administration of the trusts of endowed schools was conferred on Commissioners appointed by the Endowed Schools Act, 1869, 32 & 33 Vict. c. 56 ; continued 37 & 38 Vict. c. 87. Where a charity, as a chapel, is founded by numerous subscribers, a declaration of the trusts made by the trustees about the date of the founda- tion is prima facie evidence of the intention of the founders: Att.-Gen v. Clapham? Long usage may be accepted as evidence of the trusts of any charity : Att.-Gen. v. Murdoch^ arid this principle is now distinctly recognised as to chapels and schools af Dissenters by the Act 7 & 8 Vict. c. 45. See Att.-Gen. v. Ward;^ and as to Roman Catholic charities by the Act 23 & 24 Vict, c. 134, s. 5. So, too, contemporaneous usage may be used in construing an ambiguous instrument: Att.-Gen. v. Corporation of Rochester ,•* but not to contradict the clear meaning : Ibid. Parol evidence is admissible to shew in what sense expressions are used in a deed : Att.-Gen. v. 1 23 Beav. 255. * 6 Ha. 483. '^ 4 D. G. M. & G. 626. » 5 D. G. M. & G. 797. 3 1 D. G. M. & G. 86. a 82 THE LAW RELATING TO CHARITIES. Clapham;^ Att.-Gen. v. Shore ;^ Drummond v. Att.-Gen? Trustees of a charity had no power to sell the lands : Att.-Gen. v. Kerr ;* and for the same reasons leases of lands held on charitable trusts may be set aside if granted for long terms, as 999 years, or as improvident, if reversionary, or made by the trustees to themselves, or at an undervalue. In the case of husbandry leases, no lease should be made for more than twenty-one years, or in the case of building leases for more than ninety-nine years : Lewin, 476, 6th ed. Now the Oomrais- sioners have power to sanction building, mining, and other leases: 16 & 17 Vict. c. 137, s. 21. A custom to renew gave no right to the lessees capable of being enforced : Att.- Gen. v. St. John's Hospital;^ see Clayton v. Att.-Gen. f and a coven- ant for perpetual renewal cannot be enforced against a charity, as such covenant will be a breach of trust : Lydiatt v. Foach ; ' Magdalen Coll. Casef Watson v. Hemsworth HospitaV See, too, statute 13 Bliz. c. 10, Moore v. Clench.^" Power to sell lands to railway companies, and 1 4 D. G. M. & G. 591. such leases as therein men- 2 9 CI. & Fin. 355. tioned. 3 1 D. & W. 353 ; 2 H. L. = L. E. 1 Ch. 92. C. 837. « 1 C. P. Cooper, 137. * 2 Beav. 420 ; see now ' 2 Ver. 410. 18 & 19 Vict. c. 124, s. 29, ^ n j{ep. 66 b. prohibiting sales, mortgages, ' 14 Ves. 324. or leases by trustees except ^'' 1 Ch. D. 447. ADMI.VrSTRATIOiSr OF CHARITIES. 83 for other public purposes, has, however, been expressly conferred on trustees for charities. See Lands Clauses Consolidation Act, 1845, s. 7, and le&lTYict. c. 137, ss. 24, 25, 26, and see 18 & 19 Vict. c. 124, s. 32 ; and now the Charity Com- missioners may sanction the sale or exchange of any lands held on charitable trusts or release of any rent-charges, but this does not interfere with the powers given the trustees for railway or public purposes: see 18 & 19 Yict. c. 124, s. 29. By 32 & 33 Vict. c. 110, it is enacted (s. 12) that where the trustees or persons acting in the administration of any charity have power to deter- mine on any sale, exchange, partition, mortgage, lease, or other disposition of any property of the charity, a majority of those trustees, or persons acting in the administration of any charity, who are present at a meeting of their body duly consti- tuted, and vote on the question shall have, and be deemed to have always had, full power to execute and do all such assurances, acts, and things as may be requisite for carrying any such sale, &c. into effect, and all such assurances, acts, and things shall have the same effect as if they were respec- tively executed and done by all such trustees or persons for the time being, and by the official trustee of charity lands. See, also, the earlier Act, 23 & 24 Vict. c. 136, s. 16, enabling a majority of two-thirds to bind the legal estate, under which . many conveyances have probably been executed. G 2 84 THE LAW RELATING TO CHAUITIES. The moneys arising from a sale or exchange under the above Acts may, with consent of the Commissioners, be laid out in other lands without a licence, 18 & 19 Vict. c. 124, s. 35. The con- veyance should be attested by two witnesses, and enrolled pursuant to 9 Greo. 2, c. 36. As the bringing of fresh land into mortmain is not favoured, the Court will not generally sanction the investment of accumulations of charitable funds inland: Att.-Gen. v. Wilson} But in a proper case it will be allowed, as for the enlargement of a school: Att.-Gen. v, Mansfield,^ and see 16 & 17 Yict. c. 137, s. 27, and 18 & 19 Yict. c. 124, s. 41, giving to incorporated trustees of charities power in certain cases to purchase lands, the powers (other than compulsory) of the Lands Clauses Consolida- tion Act, 1845, as to conveyances from persons under disability being extended to such purchases. In every case where land is first brought into mortmain the deed must comply with the Act 9 Geo. 2, c. 36: Ee Christ'' s Hospital:^ Doe d, Graham v. Hawkins.* It was at first considered that the Statute of Limitations, 2 & 3 Wm. 4, c. 27, did not apply to charities ; but it is now settled that an action to recover land or rent belonging to a charity must be brought within twenty years from the time when the right to bring such action accrued : Mag- 1 2 Keen, 680. ^ 12 W. E. 669. 2 14 Sim. 601. * 2 Q. B. Eep. 212. ADMINISTRATION OF CHARITIES. o5 dalen Coll. v. Att.-Gen.;'^ Att.-Gen. v. Davey? In the latter case, it. was held that a lease for five hundred years was equally with a conveyance .of the fee unimpeachable after the time fixed by the Statute of Limitations had elapsed ; see, too, Att.- Gen. V. Payne? This rule, however^ does not apply to leases which are voidable under the statute 13 Eliz. c. 10, such leases being valid only as against the maker and his successors until some such suc- cessor elect to avoid them : Governors of Magdalen Hospital V. Knotts} A purchaser for valuable consideration without notice, of lands held upon a charitable trust, is equally with such a purchaser of lands held on a private trust protected in Equity : see the Statute 43 Eliz. c. 4, s. 6; Att.-Gen. v. Wilkim.^ A volunteer, however, or a purchaser with notice, is in no better position than the trustee from whom he claims unless the Statute of Limitations applies : Att.-Gen. V. Hall.^ In cases of express trust for charities, as for individuals, the Statute of Limitations does not begin to run until there has been an alienation for valuable consideration : Commrs. of Charitable Donations v. Wyhrants.^ In cases of fraud, so long as the fraud is not, or 1 6 H. L. Ca. 189. ^ 17 Beav. 285. 2 4 D. G. & J. 136. « 16 Beav. 388. ' 27 Beav. 168. ' 2 J. & L. 182. * 5 Ch. D. 175. 86 THE LAW RELATING TO CHARITIES. could not, with the use of due dih'gence, have been discovered, the statute does not begin to run until discovery : Vane v. Vane.^ Where a charity estate has been improperly sold to a purchaser, with notice by the trustees, either the estate may be followed, or the money in the hands of trustees, or laid out by them : Att.-Gen. v. Newcastle? There is no precise limit for which trustees who have misapplied trust funds may be made to account, and in each case the Court is guided in directing an account by the particular circum- stances : Att.-Gen. ^- Mayor of Exeter;^ Att.-Gen. V. Brewers' Co.;*' Att.-Gen. v. Corp. of Stafford;^ Att.-Gen. Y. Newiury;'^ and where the misapplica- tion of charitable funds has not been wilful, but from misunderstanding, the account will not, it seems, be carried back beyond the date of the information where hardships would result from carrying it back to an earlier date : Att.-Gen. v. Corp. of Exeter ; ' Att.-Gen. v. Drapers' Co. ; ' Att.- Gen. V. Christ's Hospital ;' Att.-Gen. v. Pretyman ; " Att.-Gen. v. Wax Chandlers' Co.^^ Where a decree is made declaring that a cor- poration is liable to make good a breach of trust, 1 L. E. 8 Ch. 383. « 3 My. & K. 647. => 5 Beav. 307 ; 12 CI. & F. '2 Euss. 45 ; 3 Euss. 395. 402. 8 4 Beav. 67. 3 Jac. 443 ; 2 Euss. 362. ^ Ibid. 73. * 1 Mer..495. i" Ibid. 462. 5 1 Euss. 547. 11 L. E. 6 H. L. L ADMINISTRATION OF CHARITIES. 87 it must be enforced by sequestration : Att.-Gen. v. Earl Retford} In cases of charitable trusts the Court exercises a wide discretion, discouraging extravagant and unprofitable litigation : Att.-Gen. v. Shearman.^ Compromises of claims by or against a charity are frequently made with the sanction of the Att.- Gen., and now of the Charity Commissioners: Att.-Gen. V. Corporation of Exeter;^ Att.-Gen. v. Pretyman ;* Att.-Gen. v. Boucherett ;° 16 & 17 Vict. c. 137, s. 23 ; 18 & 19 Yict. c. 124, s. 31. The Court shews more indulgence in the case of breaches of charitable trusts than in those where individuals are beneficially interested : see Att.- Gen. V. Brettingham ,•' and this is especially the case where a corporation is trustee for the charity : Att.-Gen. v. Caius College} Where, however, trustees who have benefited by their breach of trust improperly defend a suit for remedying such breach, they may be made to bear the costs : Att.- Gen. V. Christ's Hospital.^ It does not fall within the scope of this treatise to give any detailed account of the practice in suits relating to charities. The regular and ordinary course of proceeding is by information in the name of the Att.-G-en. 1 3 My. & Cr. ^84. ^ 25 Beav. 1 16. 2 2 Beav. 104. « 3 Beav. 91. 3 2 Euss. 370. ' 2 Keen, 150, 169. * 4 Beav. 462. « 4 Beav. 73. 88 THE LAW RELATING TO CHARITIES. By Sir Samuel Romilly's Act, 52 Geo. 3, c. 101, a summary mode of procedure on petition by two persons interested, allowed by tbe Att.-Gen., was introduced in cases where the direction or order of a Court of Equity was required in the administra- tion of charitable trusts. This mode of proceeding applies only to plain and simple cases, where the opinion or direction of the Court is required : Re Manchester New Coll.; ' Corporation of Ludlow v. Greenhouse i"^ and the restricted construction placed on this Act has, it is believed, led to its being little resorted to in practice. For the cases, however, where such pro- cedure may be adopted, see Dan. Ch. Pr., 5th ed., 1761; Lewin on Trustees, 6th ed., 757, where it will be seen that the Act will apply in cases where the appointment of new trustees, or the sanction of the Court to a sale of land belonging to a charity, or the apportionment of the charities belonging to a parish, where such parish has been divided : Re Church Estate Charity, Wandsworth ,-^ Re West Ham Charities^ Applications under the Grammar Schools Act, 3 & 4 Vict. c. 77, may also be made under the Act of 52 Geo. 3, c. 101. By ss. 28 & 30 of the Charitable Trusts Act, 1853, 16 & 17 Vict. c. 137, power to make orders in Chambers as to the removal or 'appointment of trustees or giving other relief in the case of 1 16 Beav. 610. ^ l. E. 6 Ch. 296. 2 1 Blish. N.S. 17. * 2 D. G. & Sm. 218. ADMINISTRATION" OF CHAEITIES. 89 charities, the income of which amounts to £30, was conferred on the Judges of the Court of Chancery ; or as to charities within the City of London, where the income is under £30 ; and similar power is given to the Judges of the Pala- tine Court of Lancaster in cases within the Duchy. Where the income does not exceed £100, such orders are not to be subject to appeal (s. 28) : Re CJutrity for Prisoners} Where the income is under £30, the charity not being in London, by ss. 32-38 similar power was given to the District County Court, or Court of Bankruptcy ; and by 23 & 24 Vict. c. 136, s. 11, the jurisdiction of these Courts is extended to cases where the income does not exceed £50. The certificate of the Commissioners is, by s. 44 of the Act of 1853, made evidence as to the amount of the annual income of a charity. The Charity Commissioners, however, are em- powered by s. 34, when two or more district Courts of Bankruptcy, or County Courts, have concurrent jurisdiction, to direct in which the application shall be made, or to direct the application to be made to a Judge in Chancery, and no order of a Bankruptcy or County Court is valid without their approval : see Act of 1853, ss. 35-37. Sections 39, 40, regulate appeals to be made with consent of the Commissioners. Sucli appeals may be heard in Chambers. By s. 41 the jurisdiction is not to extend to determining questions of adverse title. 1 L. E. 8 Ch. 199. 90 THE LAW RELATING TO CHARITIES, , By 23 & 24 Yict. c. 136, the powers of making such orders as had been given by the previous Act to the Judges in Chambers, or the Bank- ruptcy or County Courts, may be exercised by the Commissioners ; where the income of the charity amounts to £50 or upwards, such orders can only be made on application Of the trustees : ss 2-4. The jurisdiction thus given is not to be exercised where the Commissioners think the case more fit for the decision of the Courts ; s. 5. Re Burnham Schools} As to appeals, see s. 8, and 32 & 33 Vict. c. 110, s. 10. By s. 13 of the Act 23 & 24 Vict. c. 136, magis- trates are empowered to give possession of pro- perty of the charity held over by schoolmasters or officers, or recipients of the benefit of charity. Official trustees of charitable funds are appointed by the Charitable Trusts Act, 1853, s. 51, and trustees or others holding annuities, stocks, &c., for a charity, may be ordered by the Court or a Judge to transfer or deposit them with such trustees. See also, as to the powers and duties of such trustees, s. 52 of the Act of 1853, and 18 & 19 Vict. c. 124, ss. 12, 17-29, and 23 & 24 Vict. c. 136, ss. 12, 17, 18, 23. The official trustee of charity lands is ap- pointed by s. 47 of the Act of 1853, amended by 1 L. E. 17 Eq.. 241. ADMINISTRATiaN OF CHARITIES. 91 18 & 19 Yict. c. 124, s. 15, for the purpose of taking, holding, and conveying lands of a charity, and the lands of a charity may be ordered to vest in him, and revested in the trustees (ss. 48, 49), where, on the appointment of new trustees, a vesting order is requisite. By s. 50 he is declared to be a bare trustee. See also 13 & 14 Vict. c. 28, as to appointments of new trustees of lands held for religious or educational purposes, enacting that such lands shall vest without a conveyance. The title-deeds of a charity may be deposited in a repository provided by the Charity Com- missioners: see Act of 1853, s. 53; and see 23 & 24 Vict. c. 136, s. 19, empowering the Board to require deeds to be deposited. Where trustees of a charity have power to dis- miss a minister, or schoolmaster, they must act with fairness, and give due notice to such person of the charges against him, and an opportunity to exculpate himself: Dean v. Bennett;'^ Re Freming- tgn Sch. f' Holme v. Guy? By 32 & 33 Vict. c. 110, s. 13, the majority of the trustees of a charity may bring actions. By the Judicature Act, 1875, the execution of charitable trusts is assigned to the Chancery Divi- sion of the High Court of Justice. 1 L. E. 6 Ch. 489. ^ lo Jur. 512. ^ M. E. 3rd Dec. 1877. 92 TUE LAW RELATING TO CUAIUTIES, CHAPTER VIII. THE CHARITY COMMISSIONERS. Reference has already more than once been mado to the powers of the Charity Commissioners ; but the administration of charitable trusts is now to so great an extent subject to their direction, that their position claims a separate notice. The Commissioners were appointed under an Act 16 & 17 Yict. c. 137, the Charitable Trusts Act, 1853. Additional Commissioners were created by 37 & 38 Vict. c. 87. By s. 9, the Board may inquire into the ma- nagement and administration of any charity ; and by s. 10 they may require accounts from trustees of any charity : see Sir R. PeeVs School at Tam- worth;^ and 18 & 19 Vict. c. 124, Re Meyricke Fund? By s. 16, the Board may, on the application of any trustees, give their opinion and advice as to the administration of any charity, and trustees acting on such opinions and advice are relieved from responsibility. By sect. 17, no suit, petition, or other proceeding 1 L. E. 3 Oh. 543. ^ L. li. 13 Eq. 269 ; 7 Ch. 500. THE CHARITY COMMISSIONERS. 93 (not being an application in a suit or matter actually pending) for obtaining any relief, order, or direction concerning any charity is to be brought without notice to the Board, and their sanction being obtained : Re Watford Local Board ;^ Re Bingley Free School;"^ Hodgson v, Forster;^ Holme V. Chy ;* and see Braund v. Earl Bevon.^ As to what is a matter pending, Re Jarvis's Charity,^ Re Ford's Charity^ which shew that where a final order has been made by the Court, on petition or otherwise, any farther application must be with the sanction of the Commissioners. Such sanction is not required for payment into Court of money belonging to a charity under the Trustee Relief Act, or a railway, nor for any sub- sequent dealing with such money: Re St. Giles Volunteer Corps* ; Re Lister s Hospital.^ It seems that where a fund partly belongs to a charity exempt from the jurisdiction of the Com- missioners, their sanction is not required : Re Meyrick^' By s. IS, the right of the Att.-Gen. to act ex officio is preserved. By s. 19, the Board may direct an inquiry by 1 2 Jur. N.S. 1045. « 1 Drew. & S. 97. 2 2 Drew. 285. ' 3 Drew. 324, 3 W. N. 1877, p. 74. 8 25 Beav. 313. * 5 Ch. D. 901. 9 6 D. G. M. & G. 184. = L. E. 3 Ch. 800. 1" 24 L. J. Ch. 669, 94 THE LAW RELATING TO OHARlTlteS. an inspector, and may direct any suit or other proceeding, on the report of such inspector ; and by s. 20, they may certify any case to the Att.-Gren. as being a case in which legal proceedings should be taken. Sect. 21 empowers the Commissioners to sanction leases, and to sanction the raising of moneys for improvements; and see 23 & 24 Yict. c. 136, s. 15. By s. 22, they may dismiss any schoolmaster, schoolmistress, or officer of a charity, with con- sent of the special visitor, if any : see 23 & 24 Vict. c. 136, s. 6, as to notice, and s. 14 as to dismissal of such officers by the trustees of the charity. By s. 23, they may sanction compromises of suits, extended by 18 & 19 Vict. c. 124, s. 21, to claims against charities. The provisions as to leases, sales, and ex- changes, management and improvement, purchase of lands, and raising moneys for improvement have been already referred to, as have also the provisions giving to Judges in Chambers, and to the Bankruptcy and County Courts, power to make orders as to administration of charitable trust. By s. 46, the rights and privileges of the Church of England in charities for the exclusive or special benefit of members of that Church, are preserved. The provisions as to the official trustee of charity THE CHARITY COMMISSIONERS. 95 lands and the official trustee of charitable funds have also been already noticed. Sects. 54-60 provide for the sanction by the Board of schemes requiring the authority of Par- liament. Sect. 61, amended by 18 & 19 Vict. c. 124, s. 43, regulates the manner in which accounts are to be delivered to the Commissioners by trustees of charities. By s. 64, and 18 & 19 Vict. c. 124, s. 46, dis- putes may be referred by charities, whether ex- empt or not, to the decision of the Commissioners, whose award may be made a rule of the Court of Chancery. The Act applies only to endowed charities in England or Wales; see s. 66, and 18 & 19 Vict. c. 124, s. 48. The powers of the Commissioners are extended, explained, and further provisions are made as to the administration of charities by 18 & 19 Vict. c. 124 (the Charitable Trusts Amendment Act, 1855) ; by 23 & 24 Vict. c. 136 (the Charitable Trusts Act, 1860) ; and by 32 & 33 Vict. c. 110 (the Charitable Trusts Act, 1869) ; of which the prin- cipal have been already noticed in the chapter on Administration. By 23 & 24 Vict. c. 136, s. 10, the jurisdiction of the Commissioners is extended to charities vested in corporations for their own benefit. Exempted charities may petition the Commis- 96 THE LAW RELATING TO CHARITIES. sioners to have the benefit of the Charitable Trusts Act, 32 & 33 Yict. c. 110, s. 14 ; and see 16 & 17 Vict. c. 137, s. 63. By s. 62 the universities and colleges of Oxford and Cambridge, &c., cathedral or col- legiate churches, Roman Catholic and unendowed institutions, Queen Anne's Bounty, the British Museum, friendly societies, and savings banks are exempted from the operation of the Act, as also Roman Catholic churches, but they are now brought within the Act ; see 22 & 23 Vict, c. 50, and 23 & 24 Vict. c. 134 ; and provisions are made as to charities supported partly by endow- ment and partly by voluntary subscriptions ; see Re Wilson^ Hamilton v. Spottiswoode ,-^ but the exemption is not to extend to cathedral, collegiate, chapter, or other schools ; and see Att.-Gen. v. (Sidney Sussex College,^ The colleges of Eton and Winchester are exempted by s. 49 of 18 & 19 Vict. c. 124. 2 " Endowment " means an endowment /perma- nently invested: Clergymen's Widows, ^c, Chari- ties V. Sutton ;* and a legacy given generally to a charity unendowed and supported by voluntary contributions is not within the Act : In re Wilson.^ By 37 & 38 Vict. c. 87, the powers of the Com- missioners of endowed schools, under the Endowed 1 19 Beav. 594. * 27 Beav. 651 ; 29 L. J. 2 15 W. E. 118. Ch. 393. 3 4 Ch. 722 et inf. = 19 Beav. 594. THE CHARITY COMMISSIONERS. - 97 Schools Act, 1869, were transferred to the Charity Commissioners. The powers of making schemes as to endowed schools were, by the Act of 1869, to be exercised before the 31st of December, 1872, continued to the 29th of June, 1875, by 38 & 39 Yict. c. 29. By 25 & 26 Vict. c. 112, no provision contained in any private Act of Parliament, or decree or order of the Court of Chancery for the appoint- ment or removal of the trustees of any charity, or for or relating to the sale, exchange, leasing, dis- posal, or improvement of, any property, by or under the order or with the approval of the Court of Chancery, shall (in the absence of any express directions to the contrary to be contained in any future Act of Parliament, order, or decree) exclude or impair any jurisdiction or authority which might otherwise be properly exercised for the like purposes by the Charity Commissioners. INDEX. Accounts, Charity Commissioners may require, 92 Abministeation of Charitable Trusts, 73 jurisdiction of Court of Chancery, 75 assigned to Chancery Division of the High Court of Justice, 91 Abministeation Suit, costs in, 63 Attestation of ConvbtanObs, 42 Attoenbt-Gbnbeal, information by, 87 right to act ex offluo preserved by Charitable Trusts Acts, 93 Bbnevolencb not equivalent to charity, 26 Bequests to Chabitibs, 30-39 Bbeach op Teust, remedies for, 75, 86, 87 Bbitish Museum, exempt from Mortmain Act, 64 „ „ Charitable Trusts Acts, 96 Building, bequests for; when void, 32, 33 when valid, 36, 37 Bye-laws, power of corporations to make, 78 Canada, bequests to charities in, 68 Chaeitablb Uses, pious uses, branch of, 1 early recognition of, 9 statute of, 9 favourably interpreted, 10 what are, 16, 17 what are not, 21, 27 H 2 100 INDEX. Chabitablb Institutions, what, exempt from Act, 9 Geo. 2, c. 36, 64-96 Chaeitable Trustees, duties of, 76, 78, 91 Charities, admimstration of, 73 Charity Commissioners, appointment of, 92 duties and powers of, 92-97 Church, gifts of land to, restricted, 1, 2, 3 Chueoh Building, bequests for, 32, 33 Church Building Acts, 66-80 Chueoh Endowment, bequests for, 32 Colleges, Eton and other, exempt, 64-96 Consteuotion oe Alienations to Charities, 47, 63. Conveyances to Charities, 41, 47 Corporations, alienations to, in mortmain, 1 may be charitable trustees, 2 lay, restrictions on holding land by, 5 licences to trading, 7 devises to, 7 Crown, right of, to grant hcenees, 7 „ to dispose by letters missive'of charitable bequests, 54 Cy-prbs, doctrine of, where applicable, 50, 54, 55 Death of Grantor within Twelve Months, when gift invalidated by, 42 Debbntuebs, 38, 39 Debentuee Stock, 39 Deeds (Charity Title Deeds), deposit of, 91 Devises to Chaeity, void, 30 DissBNTEES (Protestant), Trusts for, valid, 28 (Jews) „ ,29 .(E. Catholics) „ , 29 (Unitarians) „ , 29 Donors to Charities, invalid reservations to, 44 valid reservations to, 45 INDEX. Ecclesiastical Commissioners, grants and devises to, 67 Editoation, grants of land to promote, 67 Endowment, meaning of term in Charitable Trusts Acts, 96 bequests for, valid, 32 Enrolment of Deeds, &o., provisions as to, 43, M EviDBNOE, parol, when admitted, 49 Exemption from Mortmain Act, charitable institutions entitled to, 64 FoRFEiTTJRB, right of Crown, 6 Founders, intentions of, to be observed, 76 Friendly Societies, 96 Guardians of the Poor, bequests to, when void, 15 Heir, when entitled to void gift, 61 Hospitals, are charities, 17 bequests to, when void, 32 India, bequests to charities in, 68 Mortmain Act not extend to, 68 Intention, to give the property to charity- must be clear, 27 Invalid Gifts, how disposed of, 62, 63 gifts inseparably connected with, fail, 36, 58 Ireland, Mortmain Act not extend to, 68, 69, 70 Irish Mortmain Act, 70, 71 Jews, disabilities of, removed, 29 Land, devises of, to charity void, 11 bequest of mortgages of, void, 35 bequest of money to be laid out in purchase of, 35 Land Tax, bequests for redemption of, 37 Leaseholds or Copyholds, devise of, void, 30 Leases, 82 H 3 102 INDEX. LsaAOY Duty, 37 Licenses : in mortmain, 6, 70 Maeshalling Assets, 59 Masses, bequests for, 72 Misdescription of Object of Gift, 48, 49 Moetgage op Land, bequests of, void, 35 bequest of money to be invested in, 35 bequest for paying off mortgage on lands of charity, 35 Moetmain, meaning of term, 1 early statutes of, 2 licenses in, 6 ditto in Ireland, 70 Mortmain Acts, effect of, 6 Museum, Public, grants and devises of land for, 66 NEXT-or-KiN, when entitled to void bequest, 61 Parish Lands, 79 Pabk, Public, grants and devises of land for, 66 Perpetuity, rules as to, not applicable to charities, 22, 53 Personalty, bequests of, when void, 36 impure — examples of, 37, 38 PooB, gifts for, application of, 77 Poor Kblations, bequests for the benefit of, 22, 23 Public Benefit, charitable gifts must be for, 19, 20, 21 Queen Anne's Bounty, 15, 31 not subject to Charitable Trusts Act, 96 Quia Emptorbs, Statute of, 4 Eeligious Purposes, grants of land for, 67 Bents, gift of, 36 INDEX. 103 Ebseevationb for benefit of grantor, 44, 45 Ebsiduaey Lboateb, when entitled, 61, 62 Roman Catholics (R. C. Chai-ities Act), 24, 25, 44 disabilities of, removed, 29 Sale op Lands of Chaeity, 82, 83 Savings Banks, exempt from Charitable Trusts Acts, 96 SCHEMBS, ■ for charities, where required, 51, 52 for endowed schools, 97 Schoolmaster, dismissal of, 93 Schools, giftsofsitesfor, 42, 66 Church of England, 80 endowed, 81, 96, 97 Scotland, Mortmain Act not extended to, 68, 69 Secbet Trusts, devises on, 39, 40 Shares, (New River) real estate, 33 CBath Navigation) ditto, 33 when real estate, 33 when personalty, 33 Statutes, List of 9 Hen. 3, c. 36 (Mortmain), 2 7 Edw. 1, St. 2, c. 1 {Be Religiosis Viris), 3 18 Edw. 1 {Quia Em;ptores), 4 25Bdw. 1, c. 36..2 27 Edw. 1, St. 2 (Mortmain), 6 34 Edw. 1, St. 3 (ditto), 7 15 Rich. 2, c. 5 (ditto), 5 10 Hen. 7, c. 22 (Poyning's Act, Ireland), 69 23 Hen. 8, c. 10 (Mortmain), 5, 23 27 Henry 8, c. 10 (Uses), 5 34&35Hen. 8,c. 5..7, 10, 69 1 Edw. 6,0. 14.. 24 ISEhz. 0. 10..82, 85 . 13 Eliz. c. 4 (Charitable Uses), 7, 9, 16, 17 ■ , s. 6.<85 10 Car. 1, c. 2 (Wills, Ireland), s. 2 .. 69 1 Will. & Mary, c. 18 (Toleration Act), 28 104 INDEX. Statutbs, List op — contii^ued. 7 & 8 Wm. 3, c. 37 (Mortmain), 7 9 Geo. 1, 0. 7 (Poor), 79 9 Geo. 2, c. 36 (Mortmain), 11, 13, 14-, 15, 41 17 Geo. 2, c. 29 (Foundling Hospital), 64 26 Geo. 2, c. 22 (British Museum), 64 19 Geo. 3, c. 23 (Bath Infirmary), 64 19 Geo. 3, c. 44, s. 2 (Dissenters), 28 22 Geo. 3, c. 83 (Poor), 79 82 Geo. 3, c. 31 (Ireland), 70 40 Geo. 3, c. 1 (Ireland), ss. 11, 12, 15 ..70, 71 42 Geo. 3, c. 116 (Land Tax— Mortmain), 37 43 Geo. 3, c. 107 (Queen Anne's Bounty), 64 48 Geo. 3, o. 108 (Church Building), 66 45 Geo. 3, o. 101 (Universities — Mortmain), 14 47 Geo. 3, c. 50 (Ireland), s. 1 . . 72 51 Geo. 3, c. 115 (Mortmain), 66 52 Geo. 3, c. 101 (Sir S. Komilly's Act), 88 53 Geo. 3, c. 160 (Dissenters), 29 59 Geo. 3, o. 12 (Poor), s. 17 .. 79 5 Geo. 4, c. 39 (British Museum), 64 6 Gfeo. 4, c. 20 (Westminster Hospital), 64 9 Geo. 4, c. 85 (Mortmain), 43 10 Geo. 4, c. 7 (Eoman Catholics), 29, 71 10 Geo. 4, c. 25 (Greenwich Hospital), 64 2 & 3 Will. 4, c. 27 (Limitations) 84 2 & 3 Will. 4, c. 115 (Eoman Catholics— Mortmain), 29 4 Will. 4, c. 88 (St, George's Hospital), 64 4 & 5 WiU. 4, c. 76 (Poor), s. 21 .. 79 5 & 6 Will. 4, c. 69 (Poor), 79 7 Will. 4 & 1 Vict. c. 26 (Wills), s. 2 .. 8 7 WiU. 4 & 1 Vict. c. 26, s. 25 .. 62 3 & 4 Vict. c. 77 (Grammar Schools), 75, 77, 88 4&5Vict. c. 38..42, 67 5 Vict. c. 18, s. 2.. 79 5&6Vict. c. 82..72 6 & 7 Vict. c. 37, s. 22 (Ecclesiastical Commissioners), 67 7&8Viot. c. 37..42, 67 7 & 8 Vict. c. 45 (Dissenters' Chapels Act), 81 7 & 8 Vict, c. 97 (Mortmain— Ireland), 70, 71 8 Vict. 0. 18 (Lands Clauses Consolidation), s. 7 .. 83, 84 8 & 9 Vict. c. 70 (Church Building), 80 9 & 10 Vict c. 59 (Dissenters), 29 INDEX. ■ 105 Statutes, List of — continued. 12&13Vict. c. 49..42, 67 13 & 14 Vict. c. 28.. 91 15&16Vict.o. 49..42, 67 16 & 17 Vict. c. 137 (Charitable Trusts Act, 1853), s. 9 . . 92, 93 , ss. 10, 16, 17, 18, 19. .94 , s. 20 .. 94 , s. 21 ..82, 94 , s. 22 . . 75, 94 , s. 23 . . 87, 94 ■ , s. 27 . . 84 • , ss. 28-30 .. 88, 89 , ss. 32-38 . . 89 , s. 34 .. 89 , s. 35 .. 84 , ss. 35-37 .. 89 , s. 39 ..40 , s. 41 .. 84 , s. 44 . . 89 — , s. 46 .. 94 , s. 47 . . 90 , ss. 51-52 . . 90 , s. 63 .. 91 , ss. 54-60 . . 78, 95 , ss. 61, 64, 66 .. 95 -, s. 63..96 18 & 19 Vict. c. 124 (Charitable Trusts Amendment Act, 1855) ss. 10, 11.. 80 , ss. 12, 17-29 .. 90 , s 15—91 , s. 21 . . 94 -,s. 29, 32.. 83 -,s. 31..87 -,s. 35..84 -,s.41..84 -,ss. 43^6..95 -, S.49..96 22 & 23 Vict. c. 50.. 96 23 & 24 Vict. 0. 134 (Eoman Catholic Charities), 24, 25, 29, 44, 81, 96 23 & 24 Vict. c. 136 (Charitable Trusts Act, 1860) ..83, 90, 91 24 Vict. c. 9, s. 1..45, 46 106 • INDEX. Statutes, List of — continued. 24Vict. c. 9, SB. 2, 4..M, 90 24Vict. c. 9, s. 3..43, 45 24&26 Vict. c. 9, s. 1..30 25&26 Vict. c. 17..43,44, 45 26&27Vict. c. 106..44 27 Vict. 0.18. 43, 44 27&28Vict. c. 15, s. 4..45 29&30Vict. c. 57..43, 44 31 & 32 Vict. c. 44, ss. 2, 3 .. 43, 44 32 & 33 Vict. c. 56 (Endowed Schools), 81 32 & 33 Vict. c. 110, s. 10 .. 90 , s. 12 . . 83 , s. 13 . . 91 33&34Vict. c. 34..35 34Vict. c. 13..66 35 & 36 Vict. c. 24 (Charitable Trustees Incorporation Act, 1872).. 43, 73 37 & 38 Vict. c. 87 (Endowed Schools), 81-92, 96, 97 38&89Vict. c. 29..97 38 & 39 Vict. c. 77 (Judicature), 91 SuPEKSTiTiOTJS TJsBS, gifts to, void, 25 Tithes, 34 Title Deeds (Charity), deposit of, 91 Tombs or Monuments, bequests formauitainiEg, unless in a church, void, 18. Teanspbb of Stocks to Chaeities, 41 Teust Eunds, misapplication of, 86 Trustees, Charitable, appointment of new, 89, 90 duties of, 78 Trustees, Chaeitt, powers of Court oyer, 86, 87 discretion of, 49, 61 may obtain incorporation, 76 Trusts, Seoebt, devises on, 39, 40 Uncertainty, as to amount of gift, 27, 36, 58 as to the charity intended, 48, 49 INDEX. 107 Unitarians, disabilities of, removed, 28 Univebsities exempt from Act, 64-96 Usage admitted as evidence of charitable trusts, 81 Uses, Statute of, 5 Valuable Consideeation, what is, 44, 45 Vesting or Lands in new Trustees, 90 ViSITOES, duties of, 73, 74 special rights of, 75 Voluntary Convetanoes to Charities, 41 Workhouses, purchase of sites for, 79 LoxDO^J : PHINTED BY WILLIAM CLOWES AND SONS. STAMFORD STEBET AND CHARING CUOSS A C AT A L O G U E LAW WORKS . PUBLISHED AND SOLD BY Stevens & Haynes, i3, BELL YARD, TEMPLE BAR, LON DON. BOOKS BOUND IN THE BEST BINDINGS. Works in all Classes of Literature supplied to Order. FOREIGN BOOKS IMPORTED. I LIBRARIES VALUED FOR PROBATE, PARTNERSHIP, AND OTHER PURPOSES. LIBRARIES OR SMALL COLLECTIONS OF BOOKS PURCHASED. A large Stock of Reports, of the vafiotis Courts of England, Ireland, and Scotland, always on hand. Catalogues and Estimates Furnislied, and Orders Fromptly Executed. ■'-?*'t'tr'*'*'' — — '' -'""" '^ - Note. — To avoid confusing our firm with an^ of a similar 7iame, we beg to notify that tve have no connexion whatever with any otiier house of btisineis, and we .respectfully request that Corre- spondents will take special care to direct all communic ations to the flbove names and address. ■ STEVENS Qfi HAYNES, BELL YARD, TEMPLE BAR. ' INDEX OF SUBJECTS. ADMINISTRATION ACTIONS— Walker and Elgood . .... . l8 ADMINISTRATORS— Walker ' . 6 ADMIRALTY LAW— Jones .14 Kay 17 Smith 23 ARTIZANS AND LABOURERS' DWELLINGS— Lloyd . ,. . . 13 ASSAULTS— ■ /■ ; 5«« MAGISTERIAL LAW. BALLOT ACT— Bushby 33 BANKRUPTCY— Baldwin 15 Hazlitt 29 Ringwood I5> 29 BAR EXAMINATION JOURNAL 39 BIBLIOGRAPHY 40 ' BILLS OF LADING— Campbell 9 Kay '. .- 17 BILLS OF SALE— Baldwin .... ... 15 Indermaur z8 Ringwood 'Sj 26 BIRTHS AND, DEATHS REGIS- TRATION— Flaxman 43 BUILDING LEASES AND CON- . TRACTS— Emden 8 CAPACITY Su PRIVATE INTERNATIONAL LAW. CAPITAL' PUNISHMENT— Copinger 42 CARRIERS— A« RAILWAY LAW. .„ .SHIPMASTERS. CHANCERY DIVISION, Practice of— Brown's Edition of Snell ... 22 Griffith and Loveland .... 6 Indermaur ....,..■ 25 Williams 7 And see EQUITY. CHARITABLE TRUSTS— Cooke 10 Whiteford - . . 20 CHURCH AND CLERGY— Brice 9 CIVIL LAW— i'w ROMAN LAW. CODES— Argles 32 COLLISIONS AT SEA— Kay . . 17 COLONIAL LAW— Canada . 18 Cape; Colony 38 Forsyth. . . ". ... . . 14 New Zealand Statutes . . .18 Tarring 41 PAGE COMMERCIAL AGENCY— Campbell ........ 9 COMMON LAW— Indermaur.' . . " 24 COMMON PLEAS DIVISION, Practice of— Griffith and Loveland ... 6 COMPANIES LAW— Brice . , . i6 Buckley 17 Reilly's Reports ....... ^ Smith "39 Watts 47 .y« MAGISTERIAL LAW. COMPENSATION— Browne 19 Lloyd 13 COMPULSO-RY PURCHASE— ^ Brpwne . . . ' . . . » » . . 19 CONSTABLES— SeeVOlACK GUIDE. CONSTITUTIONAL LAW AND HISTORY— Forsyth 14 Taswell-Langmead ,21 Thomas 28 CONTRACTS— Kay . . 17 CONVEYANCING— Copinger, Title Deeds .... 45 Copinger, -Pijecedents in ... 40 Deane, Principles of . . . . *.' 23 Williams 7 COPYRIGHT-^ Copinger .' 45 CORPORATION^— Brice . , , .16 Browne 19 costs; Crown Office- Short 41 COVENANTS. FOR TITLE— Copinger-" . . ,' 45 CREW OF A SHIP— Kay ........ .17 CRIMINAL LAW— ' Copingfer ... .... 42 Harris 27 ^w MAGISTERIAL LAW. CROWN LAW— Forsyth ' . . 14 Hall 30 Kelyng 35 TasweU-Langraead . . .21 Thomas 28 CROWN PRACTICE— Corner 10 CUSTOM AND USAGE— Browne. ........ 19 Mayne . . • . . ;■ . . . . 38 CUSTOMS— i-fc MAGISTERIAL LAW. STEVENS &' HAYNES, BELL YARD, TEMPLE BAR. INDEX OF ^\}mE.Q,T^-contmued. DAMAGES— '"'"'^ . Mayne 31 DICTIONARIES— Brown 26 DIGESTS— Law Magazine Quarterly Digest . 37 Menzie's' Digest of Cape Reports. 38 DISCOVERY— Griffith's Judicature Acts ... 6 ' ' Peile . 7 DISTRICT REGISTRIES— Simmons . . , 6 DIVORCE— Harrison ..... 2i DOMICIL— Su PRIVATE INTERNATIONAL . LAW. DUTCH LAW 38 ECCLESIASTICAL LAW— Brice .... .... 9 Smith •23 EDUCATION ACTS— ■ ' Seg. MAGISTERIAL LAW. ELECTION LAW and PETITIONS— Bushby . . . . ! 33 Hardcastle 33 ■ >• O'Malley and Hardcastle ... 33 Seager 47 EQUITY— V Choyce Cases . . .' . . ^ .' . 35 '•'• Pemberton . . . . . . . . 32 Snell ... ..... 22 Williams 7 EVIDENCE— See USAGES AND CUSTOMS. EXAMINATION OF STUDENTS— Bar Examination Journal ... 39 Indermaur 24 and 25 EXCHEQUER DIVISION, Practice of— Griffith and Loveland .... 6 EXECUTORS— Walker 6 EXTRADITION— Clarke 44 See MAGISTERIAL LAW. FACTORIES— See MAGISTERIAL LAW. FISHERIES— .S-ff« MAGISTERIAL LAW. FIXTURES— Brown ■ ■ 33 .FOREIGN LAW— Argles ......... 32 (,'[ Dutch Law 38 Foote 36 , Harris 47 FORGERY— See MAGISTERIAL LAW. FRAUDULENT CONVEYANCES— May . . 29 GAIUS INSTITUTES— Harris ..... .Hri>,>1.if;>.- 20 PAGE GAME LAWS— Locke 32 See MAGISTERIAL LAW. HACKNEY CARRIAGES— See MAGISTERIAL LAW. HINDU LAW— Coghlan ........ 28 Cunningham 38 and 42 Mayne . 38 Michell 44 HISTORY— Braithwaite ,,.,.... 18 Taswell-Langmead 21 HYPOTHECATION— Kay ... ; 17 INDEX TO PRECEDENTS— Copinger ^ . ' . 40 INFANTS— Simpson , 43 INJUNCTIONS—' Joyce .......... II INSTITUTE OF THE LAW— . Brown's Law Dictionary . .' |Cj 26 INTERNATIONAL LAW— "',' Clarke . ... . . ■. . ' \ 44 Foote '. 36 Law Magazine -37 INTERROGATORIES— Griffith and Loveland's Edition of the Judicature Acts .... 6 Peile .....'.'. 1 . 7 INTOXICATING LIQUORS-^ .Sw MAGISTERIAL LAW. JOINT STOCK COMPANIES— i'ce COMPANIES. JUDICATURE ACTS— Cunningham and Mattinson . . 7 Griffith . . ' 6 Indermaur 25 Kelke 6 JURISPRUDENCE— Forsyth . . 14 JUSTINIAN'S INSTITUTES— Campbell 47 Harris 20 LANDS CLAUSES CONSOLIDA- TION ACT— Lloyd 13 LAND, IMPROVEMENT OF, by Buildings — Emden ...,..*... 8 LATIN MAXIMS 28 LAW DICTIONARY— Brown 26 . LAW MAGAZIlSTE and REVIEW . 37 LEADING CASES^ , Common Law 25 Constitutional Law 28 Equity and Conveyancing ... 25 Hindu Law . '. 28 LEADING STATUTES— Thomas 28 STEVENS &> HAYNES, BELL, YARD, TEMPLE BAR. INDEX OF SUBJECTS-^''»^"««'/- ■ * PAGE LEASES— Copinger 4S LEGACY AND SUCCESSION— Hanson 10 LEGITIMACY AND MARRIAGE— See PRIVATE INTERNA- TIONAL LAW. LICENSES— See MAGISTERIAL LAW. LIFE ASSURANCE— Buckley ......... 17 Reilly . . ,/. ., . , , . 29 LIMITATION OF ACTIONS— Banning . - . . . . . . 42 LIQUIDATION with CREDITORS— Baldwin IS Ringwood . . 15 And see BANKRUPTCY. LLOYD'S BONDS ...... 14 LUNACY— Williams 7 MAGISTERIAL LAW— Greenwood and Martin .... 46 MALICIOUS INJURIES— J-K MAGISTERIAL LAW. MARRIAGE and LEGITIMACY— Foote 36 MARRIED WOMEN'S PRO- PERTY ACTS— Bromfield,'s Edition 6i Griffith . 40 MASTER AND SERVANf- ' .Sw SHIPMASTERS &SEAM;EN. MASTERS AND SERVANTS— See MAGISTERIAL LAW. MERCANTILE LAW . . ... 32 Campbell 9 See SHIPMASTERS and SEA- MEN. „ STOPPAGE INTRANSITU. MERCHANDISE MARKS— Daniel . 42 MINES— Harris 47 See MAGISTERIAL LAW. MORTMAIN— See CHARITABLE TRUSTS. NATIONALITY— See PRIVATE INTERNA- . TIONAL LAW. NEGI^IGENCE— ' Campbell . . '. 4° NEW ZEALAND - Jurist Journal and Reports . . 1 8 Statutes ........ 18 OBLIGATIONS— Brown's Savigny 20 PARLIAMENT— Taswell-Laiigmead 21 Thomns ,.■.... , PAGE PARLIAMENTARY PRACTICE— Browne 19 PARTITION— Walker 43 PASSENGERS— See MAGISTERIAL LAW. „ RAILWAY LAW. PASSENGERS AT SEA— Kay 17 PATENT CASES— Higgins. . . . . .■ . . . 12 PAWNBROKERS— See MAGISTERIAL LAW. PERSONATION and IDENTITY— Mpriarty . . 14 PETITIONS IN CHANCERY AND LUNACY— Williams 7 PILOTS— Kay 17 POLICE GUIDE— Greenwood and Martin .... 46 POLLUTI9N OF RIVERS— Higgins . 30 PRACtlCE BOOKS— Bankruptcy 15 Companies Law .... 29 and 39 Compensation 13 Comtpulsory Purchase . . . . 19 Conveyancing 45 Damages ......... 31 Ecclesiastical Law 9 Election Petitions 33 Equity , 7i 2a and 32 High Court of Justice . . 6 and 25 Injiinctions 11 Judicature Acts .... 6 and 25 Magisterial 46 Pleading, Precedents of . . . 7 Privy Council 44 Railways 14 Railway Commission .... 19 Rating 19. Supreme Court of Judicature 6 and 25 PRECEDENTS OF PLEADING— Cimningham and Mattinson . . 7 PRIMOGENITURE^' ^ Lloyd . . . ^ i. .... 13 PRINCIPLES— Brice (Corporations) i6 Browne (Rating) 19 Deane (Conveyancing) ... 23 HaiTis (Criminal Law) .... 27 Houston (Mercantile) . . .32 Indermaur (Common Law) . . 24 Joyce (Injunctions) 11 Ringwood (Bankruptcy) ... 15 STEVENS &■ HAYNES, BELL YARD, TEMPLE BAR. INDEX OF SUBJECTS-^''«'«««« expressing our opinion that it will be found valuable by several distinct classes of persons .... it seems to us a good and useful book, and we recommend the purchase of it without hesitation." — The Builder. " We are aware of no other wo,rk which deals exclusively with the lawrelating to builditigs and contracts to build. Mr. Emden writes in an unusually clear style for the compiler of a law bo^, and has not * failed to note the' latest decisions in the law courts. His list of precedents is very full." — The Fields " From- the point of view. of practical utility the work cannot fail to be of the greatest use to all who require a little laifr in the course of their building opetetions. They will find both a sound arrangement and a clear sensible style, and by perusing it with ordinary attention- maiiy matters of which t!hey were before doubtful 'will beCome quite comprehensible," — City Press. ' '' ' Now ready, royal i2mo, price %s, 6d., cloth. EMDEN'S METROPOLIS MANAGEMENT AND BUILDINGS ACTS (AMENDMENT) ACT, 1882. with Notes to the Sections, and an Index. Forming a Supplement to the " Law Relating to Building Leases, Building Contracts," i&c, By Alfred Emden, of the Innef Temple, Ba^rister-at-La^y. "There is a copious index to the work^ and the architect and surveyor who require to be well informed up to present date in the Statute Law wilLobtaiiLthjs Supplement to Mr. Kmden's valuable handbook.'^ STEVENS &= HAYNES, BELL YARD, TEMPLE BAR. 9 In- one volume, royal 8Vo, price 30J. , cloth, THE LAW RELATING TO THE SALE OF GOODS AND COMMERCIAL AGENCY. 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ON THE RULES WHICH GOVERN' THE CONSTRUCTION AND EFFECT OF STATUTORY LAW. ■ WITH AN APPENDIX OF CERTAITSr WORDS AND EXPRESSIONS USED IN STATUTES, WHICH HAVE been judicially 0% STATUTABLY COiSTSTRUED. By henry HARDCASTLE, OF THE INNER TEMPLE, BARRJSTER-AT-LAW ; EDITOR pF "BUSriBV's ELECTION LAWj" " HARDCASTLE's ELECTION (PETITIONS," AND JOINT-EDITOR OF " ELECTION PETITION REPORTS." _! ' We should be doing less than justice, however, to the usefulness of Mr. Hardcastle's book if we did 'not point out a valuable special feature, consisting of. an appendix devoted to the collection of a list of words which have been judicially oi" statntably explained, With reference to the ,cases in which, they. are so explained. We believe this is a feature peculiar.to Mr. Hard- castle's Treatise, and it is one.which cannot fail to comniend itself to the profession?' — Law M^gazi7te and Review. 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By eyre LLOYD, B.A., OF the' INNER TEMPLE, BARRISt'eR-AT-LAW ; AUTHOR QF " THE LAW OF COMPENSATION i' f UNDER THE LANDS CLAUSES CONSOLIDATION ACTS," ETC. : " Mr. Lloyd has given us a Vei*5r useful' "and conipendious little digjest of the laWs of succession which ' exist atjtlie present day in the principal States of bofth Europe and America; and we should sajfitis abook which not only every lawyer, but, every politician arid statesman, would do well to add to his, library. "^— Pall Mail Gazette. , ' ['■ , ' ■' ' •>'- ■ y' ' ..■■'■ ^v • "'Ml'. Eyire LloydfCompressesintollittteimore.thameightj^ pages a considerable amount of matter both , valuable and interesting; and his quotations from, Diplomatic Reports by the present Lord Lytton, and other distinguished public servants, throw a pictiiresqtte light oii a" narrative much of which is necessarily dry readingi We can confidently ■ recommend Mr. Eyre 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." — Lanjo Magazine and Review. ■ j : . . i *' Mr^ Eyre Lloyd has composed a useful and interesting abstract of the laws on the subject of succes- sion to propel*ty in Christian' countries,, with. special reference to the law of primogeniture in England." — Saturday Review. ' ' .•■■<■ J ."ThJs_ is a very useful little handy book on foreign succession laws. ' It cfpnbaihs in an epitomised' form information which would have to.be sought through a great-number of scattered authorities and for^|;n law treatises, and will bfr found of great val^e to the lawyer,, the writer, and the policial student.' — Standard. - ' ''■ ',',/..■',-'. ' 14 STEVENS (V KAYNES, BELL YARD, TEMPLE BAR. In one volume, royal 8yo, price jps., cloth, CASES AND 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.j M.P./Q.C, Standing Counsel to the Secretai^ of < State in CoupcU of Ii:|dia, Author of "Hortensius," "History of Trial by Jury," "Life of Cicero," etc., late Fellow of Trinity College, Cambridge. Fi-om the CONTEMPOBABT EEVIEW. "We cannot but /egard -n^th interest a bodk which, within moderate compass, presents us \vith the opinions or responsa of such lawyers and states- men as Somers, Holt, Hardwicke, Mansfieldj and, to come down to our own day, Lyndhursf, Abmger, Penman, Cranworth, Campbell, St. Leonids; Westbuiy, Chelfiisford, Coclcbum, Cairns, and the ^ present Lord Chancellor Hatherley. At the end of' each chapter of -the ' Cases and ppinidns.* 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 *' Opimohs ' . refer.'* From the IjAW MA.CtA2SIN1! and IiAW EEVXEW. ' " Mr. Forsyth has largely and beneficially added to our legal stores. His work maybe regardedasin some sensfe a continuation of * Chalmers's Opinions of Eminent Lawyers.' . . . The constitutional : '*-*iii^ ■ - ■■• •--■ > relations between England and her colonies are '■ becoming every ^ay of more importance. The ' work of Mr. Forsyth will do more to inake these i;elations 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." From the LAW TIMES, "This one volume of s6b' pages or thereabouts , is a perfect storehouse of law not readily to be found elsewhere, and the more useful because ^i. is not abstract law, but the application of principles to particular cases. Mr. Forsyth's plan is that of ■classification. He collefcts in separate chapters 'a variety of opinions bearing upon ^eparate branches of the law . . . 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.". In one thick volume, 8vo, price 32^-., cloth, THE LAW OP RAILWAY COMPANIES. Comprising the Companies Clauses, the .Lands Clauses, the Railways Clauses Consoli- dation Acts, the Railway Companies Apt, 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 ah Appendix giving all the other material Acts relating to J^iways, 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 o:f this book is the best possible form, , , . We believe that we have said enough „e3^1anation-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 to show that this book will j>rpve to be of pre- eminent value to practitioners, both- before Parlia- mentary committees and in the Courts of Law and Equity." — Laiv youmal. * In' Svo, -price 2 J. 61^., MORIARTY ON PERSONATION AND DISPUTED IDENTITY AND THEIR TESTS. In a handy volume,' crown Svo, '1S70, price \as. 6d., cloth, THE lAW OF SALVAGE, As administered in the High Court of Admiralty and the County Courts; with the Principal Authorities, English aiid American, brought down to the present time ; •3 and an Appendix, containii^ Statutes, Forms, Table of Fees, etc. By Edwyn Jones, of Gray's Inn, Barrister-at-Law. ~ " THs book will be of infinite service to lawyers f is a complete guide, and is full of.in^rma^on practising in the maritime law courts and to those ,1 upon all phases of the subject, tersely and clearly engaged in shipping. In short, Mr. Jones's book | written." — Liverppol jfqurval of Commerce. In 8vo, 1867, price is., sewed, LLOYD'S, BONDS: THEIR NATURE AND USES. By HfikivJEFFERD Ta^KAst, of tie Middle Temple, Barrister-at-Law.' ' .' STB.VENS &= HAYNES, BELL YARD, TEMPLE BAR. 15 Second Edition, in 8vo, price XOs., cloth, THE PRINCIPLES OF BANKRUPTCY. WITH AN APPENDIX, CONTAINING THE GENERAL RULES OF 1870, 1871, 1873, k 1878, SCALE OF COSTS, AND THE BILLS OF SALE ACTS, 1878 & 1882, AND THE RULES OF DECEMBER 1882. By RICHARD RINGWOOi;),, B.A., OF THE MIDDLE TEMPLE, ESQ., BARRISTER-AT-LAW ; LATE SCHOLAR OF TRINITY COLLEGE, DUBLIN,. "This edition is a considerable improvement on the first, and although chiefly written for the use of Students, the work will be found useful to the practitioner." — Law Times. < "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 titlb of National. ...,,, There ckn be no question that a sound measure of Reform Is greatly ileeded, andwotild be welcomed by ' all parties in tlie United Kingdom. Pending this aiflendmerit it is necessary to knoSv.the Law as it is, ' and those who have to deal with the subject in any of its practical' legal aspects will-do '-TVell to consult ■ Mr. Ringwood's unpretending but useful volume. "■^iaw Magazine. ' ' • • . " The above work is written by a distingujsh,ed scholar of Trinity College, Dublin. , Mr. Ringwood has chosen a most dilHcult and unattractive subjept^ but he has shown spu^d judgilietit, and skill in the : maniler in which he has exeicute^d his task. Hi4 book does not profess^ 'to be an exhkiistive treatise on bankruptcy law, yfet in a neat' and bdmpact-vblum^ we havte a vast amount of well-digested matter. The reader is not distracted and ;^uzzled by having alpng list of cases flung at him at the end of each page, as the general eifect of the law is stated ^n a feiy well-selected sentences,, and a reference given to the leadiiig decisions bnly on the subject. . 1 . An excellent index, and actable of cases, where references to foi^ ' Sets of dontemporary reports may be seen at a glance, show the industry ' and ca^e with which the work has bfeen done." — Daily Pa^er. , ' , Third Edition-i in royal I2m0j price i8j., cloth, A CONCISE TREATISE UPON THE LAW OF BANKRUPTCY. WITH AN APPENDIX, CONTAINING The Bankrnptcy Act, 1869 ; General Rules of 1870, 1871, 1873, & 1878 ; ^: Forms of 1870 and 1871 ; Scale of Costs ; the Debtors Act, 1869 ; Debtors Act, 1878; and Bills of Sale Acts, 1878 and 1882. ' By EDWARD T. BALDWIN, M.A., OF THE INNER TEMPLE, BARRISTER- AT- LAW. ** Tlus is an excellent book . . , . It is an eminently practical, treatise, and at once concise and exact . . ■. . , We have no doubt that Mr. Baldwin's book will be found* alike as a guide and as a worft/of reference, most useful' to both branches of the profession." — Law Magazine. "This edition is a praiseworthy effort to teduce the Law of Bankruptcy within moderate limits. It refers . to all the important cases 'on the Act of 1869, ;ahdcbncludes_ with' ah excellent Index, "-vi^ffw TbftQi^. •' .■ " This t£eatij3eek for services ■i^enUe'^ed to t&inc7wate Company The chapter on the liabilities of corporathns ex di^Y^xi for fraud wndiotherHorts'sonnnittcd by their agents within the region of their ojiihority seems ^to'us T^TnAf^blywelld&he, reviewing its it does all the Idlest and somewhat contradictory'decisions on the point. . . . On the whole, we consider Mr. Brice' s exhaustive work a vabiable addition to the literafure of thfiprofes^on." — Saturday Review. 'The doctrine which Jbrms the subject of Mr.' Seward Brice 's elaborate and exhaustive work'i,s.a reina,rkable, instance of rapid growth in modern Jurisprli4ence, \ His fbook, indeed, now almost cOn- stltiites a Digest of thee Law of Great Britain and her Colonies and of the United States on the Law ofripoifporations— a. ^iibjeqtjva^t, enough at home, but Wen imore' so "b'eybiia the Atlantic, "where Cor- pora^tiop^j ?ire ' so numef^us and ^ppwerful. l^lji. Seward Brice relates that he has embodied a refer- ence in the present edition ■ to about 1600 ne^ cases, and expresses ^e (lj.ope that he/h^ at; least i-nflaiM-arl l-n *'^llo i-liirf noetic * "Wa cViniim tKl'nlc boolc 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 Jurjst." — Lav) Magakifie' and Review. " It 'is 'the Law of Corpoi"ationS 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 \ igent j and Mr. Brice does not do his^bobk justice i by giving it so vague a title." — Law yottmal. 1 referred to "the chiaf cgises.'' "V^e should thint there can be few, even of the. Foreign J^udglnents 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 ■ thfii cause of Comparative Jurisprudence bjr his new recenaon of what was from the first a unique text- " On this' doctrine, first introduced in the Common Law Courts in East Anglian Railway Co.- x. ■■ , Eastern Counties Railway Co., Brice on Ultra Vires may be read with advantage."— yw(S^7«ff«'/ of Lord Justice Bramwell, in the Case ofEvershed v. L. dt' /if. JV.. Ry, Co. (L. R., 3.Q. B. J3iv;' 141,) "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 thfc seeker after the law oii.a point involving the' powers of a company." — Law journal. (Review of First Edition.) ; . STEVENS &'■ JIAVJVES, BElL. YARD, TEMPLE BAR. 17 Now Ready,. Fourth Edition, in royal 8vQ, price 32J. cloth, BUCKLEY ON THE COMPANIES ACTS. FOURTI-r EDITION BY THE AUTHOR. '"''' THE LAW AND PRACTICE UNDER THE COMPANIES ACTS, tOs*: 1862 TO 1880, THE JOINT STOCK COMPANIES ARRANGEMENT ACT, 1870,, THE LIFE ASSURANCE COMPANIES ACTS, 1870 TO 1872. ^ '(KMattsc av. titc Jito of ^ff'mt cStockfltomiranUa. Containing the Statutes, with the Rules, Orders, and Forms, regulating Proceedings Ib the Chancery Division of the High Court of Justice. 'By H. Burton Buckley, M.A. , of Lincoln's Inn, Barrisfer-at-Law, late Fellow of Christ's College, Cambridge. ,1 ' *' We have no doubt that the present edition of this iisefuland thorough work will meet with as much acceptance asi its predecessors have." — Scottish yoitntal of Jurispntdence. "The mere, arrangement of the leading cases under the successive sections of the Acts, and the short explanation of tiieir effect, are of great use in saving much valuable time, which would be otherwise spent in searching the- different digests; but the cai^eful manner in which Mr. Buckley has' annotated- the Acts, and .placed the cases referrea.1 to' under distinct headings, renders his work particularly usefill.to' all who are required to advise ift'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 atranged." — Scottish. Jojtrnal of yurispritdotce. . .-0 , Ihj two volumes, royal 8vo, "jas. .cloth, 7 ,,. THE LAW RELATING TO '''''' SHIPMASTERS .AND SEAMEN. Their appointment, duties, ' poivEiis, rights, liabilities, AND REMEDIES. ' .'., ,.' By JOSEPH KAY; Esq., M;A., Q.C, ' ";,; OF TRIN. COLL. CAMBRIDGE, AND OF THE NORTHERN CIRCUIT; SOLICITOR-GENERAL OF THE COUNTY PALATINE OF DURHAM; ONE OF THE JUDGES OF THE COURT OF RECORD FOR THE HUNDRED- OF SALFORD ; AND AUTHOR OF "tHE SOCIAL CONDJTION AND EDUCAiyON OF THE' PEOPLE -- , , . IN ^NGi-AND AND Ep^^OfE." ' T " " . ■ \ .; i '• ' ■-■ ' ^ '■■''. k .- \ ;.-'■- . . .:. I'f , — : *-c^ ■ — - ; J.'. ^ ka Jk.'.- REVIEWS OF THE WORK. Froni the LIVEREOOL JOURNAIi OF COMMERCE. . work being enhanced by copious -appendices and index, and by the quotation of a mass of auiliori- ■■■'ties. . . . The loork must be an. invaluable o?te to t/ie skiAoiuner, shipmaster, or consul at a foreign ■ polrtl (Tfhe language ij^cl^r and siniplej_,wfiile Lne " 'The law relating to Shipmasters and Seamen ' —such is the title of a voluminous and .important work which has just beep issued by Messrs. Stevfens ' and Haynes, the eminent law publishers, of London. "Vhe author* is 'Mr. Joseph Kay^ Q!C., and" vt'hi'le-, tre3,tirig generally of the lawrelatm^ tp shipr^a^tey^, abd seamen, he refers 'more particularly to their ap- pointment, duties, rights, liabilities, ai;id cemfidies. It consists of two larg^vfeltimes, the text occupying nearly twelve hundred pages, and the value of the legal standir^ of the author is a sufficient gukrant^e that Tie writes with tne requisite authonty,^and that the/:a^es quoted by him are decisive as regards the points on which he touches." Prom the LAW JpUBNAL. "The author tells us that for ten years he has been engaged upon it. ... , Two large volume!? containing -1181 pages of text, ST-^ages'of ni>pen- dices, 98 pages of index, and upwards of, i,£ix; died cases, attest the magnitude of the work 'designed and accomplished ^by Mr. Kay. , , ^ "Mr. Kay .says, that he has .'eiai^vQured to compile a guide and reference book for masters, ship agents, and consuls.'^ ^ He has been so modest as not to add lawyelrs^tty the-list of his piipils;' But Ms 'li.'ork wjil, ive t/iinkf be luelcomeii by lawyers lulio have to'kothith shipping transactions^ almost as cordially as it undoubtedly mill be by those who ttctup^;. their bxisinessMii ihsl-^eat waters" 18 STEVENS 6- HAYNES, BELL YARD, TEMPLE BAR. Now ready, in 8v6, price iSj., cloth, THE LAW AND PRACTICE RELATING TO THE ADMINISTRATION OF DECEASED PERSONS BY THE CHANCERY DIVISION OF THE HIGH COURT OF JUSTICE; WITH AN APPENDIX OP OBDEES AND FORMS, Annotated by References to the Text. By W. GREGORY WALKER and EDGAR J. ELGOOD, OF Lincoln's inn, barkisters-at-law. " All those having the conduct of administration actions will find this work of (great assistance ; it covers the whole ground of the law and practice. from the institution of proceedings to the final' wind up." — Lmju Times. " In this volume the most important branch of the administrative business of the Chancery Divi- tsioQ is treated with conciseness and care. Judging from the admirable clearness of expression which chaTactmses'the entire work, and the labour which Jias evidently been bestowed on every detail, we do not 'tl^nk' that a literary executorship could have devolveduLpon amoi'e able and conscientious repre- sentative.. '. . '. Useful chapters are introduced in their appropriate places, dealing with the ' Parties to adttunistration actions,' * The proofs j?f claims in ChambeiS/ and *The cost of adminis^ tration actions.' To the last-mentioned.chapter we gladly accord special praise, as a clear and succinct summary of the laW, from which so far as we have ,, tested it, no proposition of any importance ^las been omitted .... An elaborately constructed table of cases, with references in separate columns to all the reports, and a fairly good index much if^xeaee the utility of the •worW-^altciton* yowmat.^ ; " Tlus is a book which will supply a want which has long been felt .... As a i>ractical manual for the counsel in practice, it will be found ex- tremely useful. It is full, fairly condse, cle^, and exact. The index is good." — Law journal. In 8vo, price u., THE "SIX CLERKS IN CHANCERY;" Their SUCCESSORS IN OFFICE, and the "HOUSES" they Uved in. A Reminiscence. By Thomas W. Braithwaite, of the Record and Writ Clerks' Office. " The removal of the Record and Writ OiEce to the new building has suggested the publication of an interesting and opportune little piece of legal history." — Solicitors' Journal. ' 2 vols. 4to, 1876 — 77, 5/. Sj. calf, THE PRACTICAL STATUTES OF NEW ZEALAND. , WITH NOTES AND INDEX. Edited W G. B. BARTON, of the Middle Temple, Barrister-at-Law. In royal 8vo, price 30J., half calf, THE CONSTITUTION OF CANADA. THE BRITISH NORTH AMERICA ACT, 1867 ; Its Interpretation, Gathered from the Decisions of Courts, the DtcxA of Judges, and the Opinions of Statesmen and others ; To which is added the Quebec Resolutions of 1864, and the Constitution of the United States. By JOSEPH DOUTRE, Q.C., of the Canadian Bar. STEVENS &> HAYNES, BELL YARD, TEMPLE BAR.. 19 In one thick volume, 8vo, l875,~.price 25J., cloth, THE PRINCIPLES OF THE LAW OF RATING OF HEREDITAMENTS IN THE OCCUPATION OF COMPANIES. By J. H. BALFOUR BROWNE, OF THE MIDDLE TEMPLE, BARRISTEI^-AT-LAW, AND REGISTRAR TO THE RAILWAY COMMISSIONERS. "The tables and specimen valuations which are printed in an appent^x to this volume will be of great service to th^ 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 , ail those who are interested in^ or have to do with, public tating, 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, 1S75, price Js. 6d,, cloth, THE LAW OF USAGES & CUSTOMS: gt practical fafa Exsd, By J. H: BALFOUR BROWNE, OF THE MIDDLE TEMPLE,, BARRISTER- AT- LAW, AND REGISTRAR TO THE RAILWAY COMMISSIONERS. "We look upon this treatise as a valuable addition to works written on the Science of Law." — Canada Law yourhal, "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 <^jWnt'rol, and therefore it is exceedingly desirable that thc'indnpiples and conditions imder which such transfers ought to be made ^ould be clearly under- stood.'^ This task is made easy by the preseijt volume. The stimulus for the pubhcation of such' a work was given by the action of the Parliamentary Committee whi^, last ses»on passed the preamble ^ of the ' Stockto^i and Middlesborough Corporations 'Water Bill, iSjie.' The volume accordingly con- ■ t^ins a full report of the case as it was presented 20 STEVENS. -&- HAYNES, BELL YA'jRD, TEMPLE BAR. In 8vo, 1878,, price 6j., cloth, THE LAW RELATING TO CHARITIES, ESPECIALLY WITH REFERENCE TO THE/VALIDITY AND CONSTRUCTION OF CHARITABLE BEQUESTS AND CONVEYANCES. By FERDINAND M. WHITEFORD, of Lincoln's Inn, Barrister-at-Law. ■ "The Law i-elating to Charities fcy F. M. Whiteford 'conta;ins a brief but clear exposition of the law relating to a class of bequests in which the intefitions of donors are often frustrated by un- acquaintance with the statutory provisions on the subject. Derisions 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 8vof 1872, price ']s. 6xi., cloth, AN EPITOME AND ANALYSIS OF SAYIGNY'S TREATISE OH OBLIGATIONS IN IfH, LAW. By ARCHIBALD BROWN,' M. A. . EDIN. AND OXON.j AND D.C.L. OXON.jOF THE MIDDLE TEMPLE, BAREISTEK-AT-LAW. . "Mr. Archibald Brown desei-ves 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 ori|;inal 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 hundred 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 betlje feult of Savigny himp^fiv'whose clear definitions and accu- rate tests are of'gfreat use to the legal practitioner." — Zaw yotimal, , ' ' THE ELEMENTS OF ROMAN LAW. In 216 pages 8vn', 1875, price ioj., cloth. A CONCISE DIGEST OF THE INSTITUTES OF GAIUS AND JUSTINIAN. Wzf/i copious References arranged in Parallel Columns, also Chronological.and Analytical Tables, Lists of Latvs, &'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, OJCFORD, AND THE INNER TEMfLE, BARRISTER-AT-LAW AUTHOR OF "'UNIVERSITIES AND LEGAL EDUCATION." "Mr. Harris's digest ought to have iiery great success among law. sttidents both in the Inns of Court a.nd the Universities. ' His book gives , evidence of p-aiseworthy accuracy and laborious condensation." — Law Journal. • .' ■ y ^ " This book contains a summary in English of the elements of Roman Law. as contained inthe.works of Gaiiis and Justinian, and is so arranged that the reader can at once see what are the opinions of either of these two writers on each point. From, the iiery exact and accurate references to titles and sections given he can at once refer to th( original writers. ' The concise mamur 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 pei;sons who, though they have not the time to wade' through the larger treatises of Poste, Sanders, Ortolan, and others, yet desire to obtain some knoxvledge of Roman Law. "— Oxford and Cambridge Undergraduates' Journal. , " Mf'. Hai-rjs desei-ves the credit of having p-pduced an epitome which mill' be, of servict to those numerous students who have rie time or sufficient ability to analyse the Institutes '"■ fheniselves.'' — Law Timer. WORKS FOR LAW' STUDENTS. 21 In Crown 8vq, price y. ; or laterleaved for Notes, price \'. CONTRACT LAW. tjUESTIONS ON THE LAW OF CONTRACTS. ' With Notes to the Answers. Foifnded on "Anson." " Ckitty," and " Fc^lloc/i." By Philip Foster Aldred, D.C.L., Hertford College a^d Gray's Inn ; late Examiner for the University of Oxford. "This appears to us a very admirable selection of questions, camp'arjng favourably with the average run of those set in examinations, and useful for the purpose of testing progress." — Law yourjiah For the Preliminary Examinations before Entering into Articles of Clerkship . 1 J to Solicitors under the Solititors Act, 1877. In a handsome 4to volume,"with Map of the World, price loj., cloth, THE STUDENTS' REMINDER & PUPILS' HELP IN PREPARING FOR A PUBLIC EXAMINATION. By THOMAS MARSH, PRIVATE TUtORj AUTHQR OF AN "ENGLISH GRAMMAR," &C. "We welcome this compendium with great pleasure as bfcing 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 suhimarised and analysed the Subjects required for the prelimiTjary examinations of law staidents, gs 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' La-w Tztjibs. . Now. ready, Second Edition, in 8vo, price 21s., cloth, ENGLISH CONSTITUTIONAL HISTORY. FROM THE TEUTONIC INVASION TO THE PRESENT TIME. JfsigttEli as a 'SDtxt-ijJok iaz ,Stwii«itt5 ait!) fl-thxrs. 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 SCHOLAp IN THE UNIVERSITY OF OXFORD. Second and Enlarged Edition, revised throughout, and in many parts rewritten. " The work before us it would be hardly possible to praise too highly. In style, arrangement, clearness, and size, it would be difficult to find anything , better on the real history of -England, the history of its I ,66n9titutioiial growth as a complete story, than thi^ yo\\xm.z."—yBostQn (^U .S .\ Literary Worlds ? **As it now stands, we should find it hard to name a better text-book on English Constitutional History."— ^'ff/^'aVoT'j' jourttal. 1 '^- "That the greatest care and labour have been bestowed upon it is apparent in every page, and we- doubt \ not that it will become a standard work not Ukely soon to die out." — Oxfe^ and- Cambridge Under- \ gradttates' youmai. ' - ■ " As a text-book for the lecturer it is most valuable. It does not always observe a strict chronological J sequence, but brings together all that has to be said on a given subject at the point when that subject ^1 happens to possess a special importance." — Contemporary Re-ziie^; ■' , ' ._ '^ _ ■ '( Mr. Taswell-Langmead's compendium of the rise and development ,of the English Constitutidn has -* evidently supplied a want The present Edition is greatly improved. . . . We have no hesitation in ' saying that it is a thoroughly good and useful work." — Spectator. "We think Mr. TasweU-Langmead may be congratulated upon having compiled an elementary work of conspicuous merit." — Pall Mall Gazette. " For students of .history we do not know any work which we could more thoroughly recommend."— Zaw Times. " It is a safe, careful, praiseworthy digest and manual of all ponstitutional histoi^r and law." — Glo&e. " The volume on English Constitutional History, by Mr. Taswell-Langmead, is exactly wb^t 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 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. WORKS FOR LAW STUDENTS. Sixth Edition, in 8vo, 1882, price 25^., cloth, THE PRINCIPLES OF EQUITY.. INTENDED FOR THE USE OE STUDENTS AND THE PROFESSION. By EDMUND H. T. SNELL, OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW. SIXTH EDITION. TO \YHICH IS ADDED AN EPITOME OF THE EQUITY PRACTICE. THIRD EDITION. By ARCHIBALD BROWN, M.A., Edin. & OxoN., & B.CL. OxoN., OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW ; AUTHOR OF "a NEW lXw DICTTONARy," » "an ANALYSIS OF SAVIGISy ON OBLIGATIONS," AND THE " LAW OF FIXTURES." REVIEWS. 1-. " On the whole we are convinced that the Sixth Edition of, Snell's Equity is destined to be as highly I thought of as its predecessors, as itis, in our opinion, out and out the best work on the subject with wluch it deals." — Gibson's Laitf *^Notes. ■ " Rarely has a text-book attained more complete and rapid success than Snell's * Fnnciples of Equity,' ; of which a fifth edition has just been issued." — Lixw Times. " Seldom does it happen that a work secures so great a reputation as this book, and to Mr. Brown is due the credit of keeping it up with the times It is certainly the most comprehensive as well as the best work on Equity Jurisprudence in existence." — Oxford and Cambridge Undergraduate^ yoiemal. "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 hais 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, hap proyed 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.' " — Irish Law Ttptes. " 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 beenrecog^ised by students, tutors, and practitioners, ' as the best elementary treatise on the important and difficult branch of the law which forms its subject."' — Zaw Magazine and Review. In Crown 8vo, price 2j. 6^., sewed. QUESTIONS ON EQUITY. FOR STUDENTS PREPARING FOR EXAMINATION, FOtJNDED ON , , SNELL'S "PRINCIPLES OF EQUITY," By W. T. WAITE, BARKISTER-AT-LAW, HOLT SCHOLAR OF THE HONOURABLE SOCIETY OF GRAY'S INN. Second Edition,' in one volume, 8vo, price i8j. cloth, PRINCIPLES OF CONVEYANCING. AN ELEMENTARV WORK FOR THE USE OF STUDENTS. By henry C. DEANE, OF LlNCOLN*S INN, BARRISTER-AT-LAW, SOMETIME LECTURER TO THE'INCORPORATED LAW SOCIETY . ' OF THE UNITED KINGDOM. "fTg hope to see this book, like SnelVs Equity, a standard class-book in all Law Schools where English law is /am^^/. "—Canada Law Journal. " We like the work, it is well written and is an excellent student's book, and being only just- pub- I , .Ushed, it has the great advantage of having in it all \ die recent important enactments relating toconvey- ** ancing. It possesses also an excellent 'index." — Law Students' journal. " Will be found of great use to students entering upon the difficulties of Real Property Law. It has an unusually wchaustive index covering some fifty pages." — Law Times. WORKS FOR LAW STUDENTS. 23 ' In the parts which have been re-written, Mr. Deane has preserved the same pleasant style marked by simplicity and lucidity which distinguished his first edition. A/t6r * Williams on Real Property,' thei-e is no book' Which we should so strongly recommend to the student entering tipon R^al Pro- perty Lawr as Mr. Deane's ' Principles of Convey- ancing,' and the high character- which the first edition - attained has been fiilly^ kept up in this second." — Law yournal. , Sficond Editioiij in Svo, price loj. 6(f., cloth, A SUMMARY OF , THE LAW & PRACTICE IN ADMIRALTY. FOR THE USE OF STUDENTS. By EUSTACE SMITH, OF THE INNER TEMPLE; AUTHOR OF "a SUMMARY OF COMPANY LAW," "The book is well arranged^ and forms a good introduction to the subject." — Solicitor's Journal. " It is hoWever, in our opinion, a well and carefully written littld work, and should be in the hands of eyety student who is taking up Admiralty Law at the Final."— Z.ffTO>S"/«^«.is' Journal. " Mr. Smith has a happy knack of compressing a liarge amount of useful matter in a small compass. , The' present work will doubtless be received with satisfaction equal to that with which his previous " summary' has been met." — Oxford and Cambridge Undergrad-uates' Journal. Second Edition, in 8vo, price 7j., cloth, A SUMMARY OF THE MI AND PRACTICE IN THE ECCLESIASTICAL COURTS. ' FOR THE USE OF STUDENTS. By EUSTACE SMITH, ' " , ' OF THE INNER TEMPLEJ AUTHOR OF "a SUMMARY OF COMPANY LAW," AND "a SUMMARY OP THE LAW AND PRACTICE IN ADMIRALTY." "His object has been, as he tells US in his pt-eface, to give the student and^general ireadera fair outline df the scope and extent of ecclesiastical law," of. tjie principles on which it, is founded, 'ofi the Courts by which it is enforced, and the procedure by which these Courts arp regulated. We -think the book well fulfils it's object. Its value is much enhanced by a 'pi'ofuse citation of authorities' for the propositions contained in it." — Bar ExtsminaUon Journal. '. ' ■ ■ Second Edition, in'Svo, price 7j., cloth,- AN EPITOME OF THE LAWS OF PROBATE AND DIVORCE, FOR THE USE OF STUDENTS FOR HONOURS EXAMINATION. ,.. By J. CARTER HARRISON, Solicitor. ;■ " The work is considerably enlarged, and we think improved, and will i be found of great assistance tp._ , students." — Law Sttidents' Journal. ^ 24 WOJiKS . FOR LA W STUDENTS. ;■ [Third Edition. In one volume, Svo, price 20j. , doth, PRINCIPLES OF THE COMMON LAW. INTENDED FOR THE USE OF STUDENTS AND THE PROFESSION. , THIRD EDITION. By JOHN INDERMAUR, Solicitor, ' AUTHOR OF "A MANUAL OF THE PRACTICE OF THE SUPREME COURT," " EPITOMES OF LEADING CASES," AND OTHER WORKS. "The present edition of this elementary treatise has been in general edited with praise- worthy care. The provisions of the statutes affecting the subjects discussed, which have been passed sincethe publication of the last edition, are clearly summarised, and the effect of thfeleading cases is generjilly very well given. In the difficult, task of selecting'^and distinguishing principle "from detail, Mr. Indermaur has been very successful ; the leading principles are clearly brought out, and very judiciously illustrated,." — Solicitors' Journal. " The work is acknowledged to be one of the best written and most useful elementary works for Law Students that has been published. " — lata Times. " The praise which we were enabled to bestow upon Mr. Indermaur's very useful com- pilation on its first appearance has been, justified by a demand for a second edition." — Law Magazine. ■ " We were able, four years ago, to praise the first edition of Mr. Indermaur's book as likely to be of use to students in acquiring the elements of the law of torts and contracts. The second edition maintains the character of the book." — LaTh Joui-nal. "Mr. Indermaur renders even law light reading. He not only possesses the faculty of judicious -selection, but of lucid exposition atid felicitous illustration'. ' And while his works are all thus characterised, his ' Principles of the'CommDn"Law' especially displays those features. That it has already reached a second edition, testifies that our estimate of the work on its first appearance was not unduly favourable, highly as we then signified approval ; nor needs it that we should add anything to that estimate in reference to the general scope an4 execution of the work. It only remains to say, that the present edition evinces that every care has been taken to insure thorough accuracy, while including all the modification? in the law that have taken place since the original publication ; and that the references to the Irish decisions which have been now introduced are calculated to render the work of greater utility to practitioners and students, both English and Irish." —Irish Law Times. ';" This work, the author tells iis 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. Jt 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 pei^usal of its /o^jcj."— Solicitors' Journal. WORKS FOR LAW STUDENTS. 25_ Third Edition, in 8vp, price 12s., cloth, A MANUAL OF THE PRACTICE OF THE SUPREME COURT OF JUDICATURE, In the Queen's Bench and Chancery Divisions. Adapted to the New Rules of Practice,~i883. Intended for the use of Students. ;■,,.. . By John Indermaur, Solicitor. ;. "The second edition has followed quicKly upon the first, which was published in 1878. This fact affords good evidence that the, book has be^" /ound useful, ;.It contains suffipieiit inlbrmatio^i to enable -the student who masters the contents to turn Ip the standard works on practice with advantage."— Zaa; Times, This u_a very useful student's bodk. 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, articled clerks, but also by pupils entering the chambers of equity A'C!St%meM."—Sblicitcir-s' youmal. Fifth Edition, in 8vo, price 6j., 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 (CUfford's Inn Prizeman,. Michaelmas Term, 1872). "We have received the third edition of the ' Epitome of Leading Cominon Law Cases,' by Mr. Inder- maur, Solicitor. The first edition of this work was published in Februarys 1873, the second in April, 1874, and.now we have a third edition dated September, 1875. No better proof of the vajue of this book can be furnished than the fact that in less than three years it has reached a third edition." — La-w journal. Fourth Edition, in 8vo,, 1881, price ts., cloth, AN EPITOME OF LEADING CONYEYANCING 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. " "_We have received the second edition of Mr. Indermaur's very useful Epitome of Leading Convey- \ ancing and Equity Cases. The work is very well done." — La-w Times. ' . . "1 ^ "The Epitome well deserves the continued patronage of the class — Students — for whom it is especially , iiitenfIed.>'"Mr.Ih(ierihaur will soon be known as the Students' Friend.' "^-Caiiada La-w yountal. ; Third Edition, in 8vo, 1880, price 5^., 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 rfead by themselves. By John lNt)ERMAUR, Solicitor. "In this edition 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 knowlec^e more than.sufficient, to cairyMm througbthe final examination. "-r^o/ia/(?rj' yournal. ^ . , .' . _ - "** This DookJconifains.recomm.endations as to how a complete course of study, for' the above examination should be carried out, with reference to the particular books to \i& v^aA seriatiftt. We need only remark that it is essential for a student to be set on the right track in his reading, aijd that anyone of ordinary ability, who follows the cburse set out by Mr. Indermaur, oughtto pass with great credit." — Laiv Jau-huzl. Secpnd Edition, in 8vo, price 6j., cloth, SELF-PREPARATIOS FOR THE IHTERMEDIATE EXAMINATION, As it at present exists on Stephen's Commentaries. Containing a complete course of Study, with Statutes, Questions, and Advice as to portions of the book which may be omitted, and of portions to which special attention should be gi-ven ; also the whole of the Questions and Answers at the nine Intermediate Examinations which have at present been held on Stephen's Commentaries, aiid intended for the use of all Articled Clerks who have not yet passed the Intermediate Examination.. By John Indermaur, Author of " Principles of Common Law," and.other works. In 8vo, 1875, price 6j., cloth, THE STUDENTS' GUIDE TO THE JUDICATURE ACTS, AND THE RULES THEREUNDER; J3eing a book- of Questions and Answers intended for the use of Law Students. By John In-dermaur, SoUcitor. 26 WOR^S FOR LAW STUDENTS. Second Edition. In 8vo, price 26^., cloth, ' A NEW LAW DICTIONARY, AND INSTITUTE OF THE WHOLE LAW; EMBRACING FRENCH AND LATIN TERMS AND REFERENCES TO THE AUTHORITIES, CASES, AND STATUTES. ^ SECOND EDITION, revised throughout, and considerably enlarged. By ARCHIBALD BROWN, M,A. EDIN. AND OXON., AND B.C.L. OXON., OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW ; AUTHOR OP THE "law of fixtures," "ANALYSIS OP £AVIGNY*S OBLIGATIONS IN ROIilVN LAW," ETC Reviews of the Second Edition. "So far as we have been able to examine the work, it seems to have been most carefully and accurately executed, the f resent Edition, besides containing much new nmtter, hailing been thoroughly revised in consequence of the recent changes in the law ; and we have no doubt whatever that it ivill be found extremely useful, not only to students and practitioners, but to public men, and men of letters." — Irish Law Times. "Mr. Brown has revised his Dictionary, and adapted it to the changes effected by the ' Judicature Acts, and it now constitutes a very useful work to put into the hands of any student or articled clerk, and a work which the practitioner will find of value for reference." — Solicitors' Journal. , , "It ii)ill prove a reliable guide to law students, and a handy book of reference for practitioners." — Law Times. In Royal 8vo., price 5-f., cloth, •ANALYTICAL TABLES THE LAW OF REAL PROPERTY;, Drawn up chiefly from STEPHEN'S BLACKSTONE, with Notes. V ByC. J. TARRING, of the Inner Temple, Barrister-at-Law. CONTENTS. , Table I. Tenures. ■,) n. Estates, according to quantity of Tenants' Interest. ' „ III, Estates, according to the time at which the Interest is to be enjbyed; „ IV. Estates, according to the nuttiber, and connection of the Tenants. Table V. Uses. „ VI. Acquisition of Estates in land of freehold teniire. ,, VII. Incorporeal Hereditaments. ,, VIII. Incorporeal Hereditaments. *' Will supply the law student with help of a kind found very generally useful. The tables, which are based on Stephen's Blackstone, have gone through the practical tests of being employed as aids to the mental arrangement of the knowledge of the subject riSquired for examinations, and lArill no doubt be appre- ciated by the large and increasing classes who^ requirements they are intended to meet." — Law Magazifie. " Great care and considerable skill have Jjeen shown in the compilation of these tables, which will be , found of much service to students of the Law of Real Property." — Law Times. WORKS FOK LAW STUDENTS. 27 Second Edition, in 8vo, price 20j., cloth," PRINCIPLES OF THE CRIMINAL LAI. 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. (Oxon.), AUTHOR OF "a COl^CISE DIGEST OF THE INSTITUTES OF GAIUS AND JUSTINIAN." SECOND EDITION. Revised by the Author and F. P. TOMLINSON, M.A, OF THE INNER TEMPLE, DARRISTER-AT-LAW. REVIEWS. " The favourable opinion we expressed of the first edition of this work appears to have been justified by the reception it has met with.' Looking through this new Edition, we see no reason to modify the praise we bestowed on the former Edition. The recent cases have been added and t)ie provisions of the Summary Jurisdiction Act are noticed in the chapter relating to Summary Convictions. The book is one of the best manuals of Criminal Law for the stttdent," — Solicitors' Journal. ,, " There is no lack of Works on Criminal Law, but there was room for siuh a useful handbook of Principles as Mr. Seymour Harris has supplied. Accustomed, by his previous labours, to the task of analysing the law, Mr. Hai-ris has brought to bear upon his present ' 'Work qualifications well adapted to secure the successful ^accomplishment of the object which he had set before him. That object is not an. ainbiiious one, for it does not pretend to soar f, above utility to the young practitioner and the student. For both these classes, and for the yet wider' -class who may'rtquire a book of reference on the stibject, 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 under 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 ofiFences punish- able by the English law, the law of criminal procedure, and the law of summa^ 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 le^al characteristics of the several offences. Book III. explains criminal procedure, including the jurisdiction 6f Courts, and tliis various steps in the apprehension apd .trial of criminals from arrest to punishment. This part of the work is extremely well ^ope,^h^ ., description of the trial being excellent, and' thoroughly calculated to impress the mind of the uninitiated. \ Bddk IV. contains a short sketch of ' summary convictions before magistrates out of quarter sessions.' The f table of offences at the end of the volfime is most useful, and there is a very full index. Altogether we must congratulate Mr. Harris ort his adventtire." — Levw yimmat. "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 satisfacto}y. The author has shown an ability of om^ission which' is a good test of skill,, and from the overwhelming mass of the J, criminal law he has discreetly selected just so much only as a learner needs to know, 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, p-eliminary proceedings before magistrates, and modes of prosecuting aru^ 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. Eew 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, although trifling in kind, are nevertheless Seriously discouraging and annoying to themselves at the outset of their career. From den such a blunder us that of mistaking the order in which the- speeches are made and witnesses examined they may be saved by the table of instructions given /^ere. "—Solicitors' Journal. : 28 WORKS FOR LAW STUDENTS. Now Ready, in i2mo, price Jj-. dd., cloth, A CONCISE TREATISE ON THE LAW OF BELS OF SALEJ FOR THE USE OF LAWYERS, LAW STUDENTS, & THE PUBLIC ' Embracing the Acts of 1878 and 1882. Part I.— Of Bills of Sale generally. Part II.— Of the Execution, Attestation, and Registration of Bills of Sale and satisfaction theijeof. Part III. — Of the Effects of Bills of Sale as against Creditors. Part IV. — Of Seizing under, and Enforcing Bills of Sale. Appendix, Forms, Acts, &c. By John Inpermaur, Solicitor. " The object of the book is thoroughly jjractlcal. Those who want to be told exactly what to do and where to go when they are registering a bill of sale will find the necessary information in this little book." — Lww youmtak Now ready, in 8vo, price 2.S. 6d., cloth, A COLLECTION OF LATIN MAXIMS, LITERALLY TRANSLATED. INTENDED FOR THE USE OF STUDENTS FOR ALL LEGAL EXAMINATIONS. " The book seems admirably adapted as a book of reference for students who come across a Latin maxim in their reading." — Law JoumaL "The collection before us is not pretentious, and disarms criticism by its simpHcity and genef-al correctness; Students would do' well, early in their studies, to commit these maxims to memory, and subsequent reading will often be systematized and more easily remembered." — Canada Law Journal. In one volume, 8vo, price 9^., cloth, LEADING STATUTES SUMMARISED, FOR THE USE OF STUDENTS. By. ERNEST C. THOMAS, ; BACON SCHOLAR OF T^TE HON. SOCIETY OF GRAY'S INN, LATE SCHOLAR OF TRINITY COLLEGE, OXFORD "j AUTHOR dF " LEADING CASES IN CONSTITUTIONAL LAW BRIEFLY STATED." yWill doubtless prove of much use to students, for whom it is intended. . . . Any student w)io, with this brief summary as a guide, carefully studies the enactiments themselves in the Revised Edition of the ' Statutes, cannot fail to gain a very considerable acquaintance with every branch of English law."- — Leew Magazine, Second Edition, in 8vo, in preparation. LEADING CASES IN CONSTITUTIONAL LAW BRlEifLY 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.a,s 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 fessay Mr. Thomas gives a'very cleaf and intelligent survey of the general functicins of the Executive, arid 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." — La7v Times. In 8vo, price Sj., 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, late Judge and Sessions Judge of Tanna. STEVENS :&' HAYNES, BELL YARD, TEMPLE BAR. 29 In a, neat Pocket Volume, crown 1 2mOj price ., cloth, THE BANKRUPTCY ACT, 1883, TOGETHER WITH TPIE GENERAL RULES AND ORDERS IN BANKRUPTCY. WITH NOTES, REFERENCES, ANl) A OOPIOTIS INDEX. By WILLIAlld HAZLITT, E.SQ., SENIOR REGISTRAR OF THE COURT 6f' BANKRUfTCV, AND RICHARD RINGWOOD, OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW, AND AUTHOR OF THE " PRINCIPLES OF BANKRUPTCY.", i ,' , , EUROPEAN ARBITRATION. Part I., price 'js. 6d., sewed, LORD WESTBURY'S DECISIONS. Reported by FRANCIS S. REILLY, OP LINCOLN'S INN, BAERISTER'-AT-LAW. ALBERT ARBITRATION. Parts I., II., and III., price 25J.,, sewed, LORD CAIRNS'S DECISIONS. Reported by FRANCIS S. REILLY, OF LINCOLN S INN, BARRISTER- AT-LAW. In 8vo,. price 2ij.,' 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), . i] 'f : ', '■' AND ; OF LINCOLN'S INN, BARRISTER- AT-LAWi ' ',", '>\l\ f\\ Examining Mr. May's book, we find it con- "This treatise has not been published before it was liiKantedr The statutes of Elizabeth against fraudulent conveyances have now been in forceibr more than three hundred years. The decisions under them are legion in number, and not at- all times consistent with each 'other. An atternpt to reduce the mass o£ 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 labdur, and we are pleased to. observe that in the book before us there has-been a combination p^ unusual labouj^^vith con- siderable professional- skill. . . . We 'cannot qgn- clude our notice of this work without saying that it reflects gpeat credit on the publishers as ^vell as the author. - The facilities afforded by Messrs. Stevens and Haynes for thepwpUcation of treatises by rising men in. our profession are deserving, of .all praise. We, feel assured that they do npt lightly lend their, aid to works presented for publication, and that in qpnBeq;uence publication by such a firm is tp some^ ejeter^t a , .giiarjintee of the value of the work published." — Cdnada Law Jou7'nal. 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 a^X 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' Jonmal. " The subject and the work are both very good. The former is well cho-^en, new, and 'interesting ; the latter has Che quality whichi' always distin- guishes original research from borrowed labours." — American Lceti^ Kevietu, ■ , < - , "iWe are happy to welcome his (Mr. May's) work as an addition to the, we^ regret^ to say, brief cata-. logue of law books* conscieD,tiously .^executed. We can , corroborate his owrii^^cciptipnof his labours, * that no, pains have b^ep ^jj^red. 'tp, niake the book as concise and practical ps., possible, without doing so at the expejase of perspip^iity, or by the omission of any important ■pQy^is.'/'—X^'a.'iv Times. ^ 30 STEVENS &- HAYNES, BELL YARD, TEMPLE BAR. In one volume, 8vo, price 25^., cloth, AN ESSAY ON THE RIGHTS OF THE CROWN AND THE PRIVILEGES OF THE SUBJECT IN THE SEA SHORES OF THE REALM. By ROBERT GREAM HALL, OF LINCOLN'S INN, BARRISTEE-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 consider- able power and, method. Mr. Loveland's editing reflects the valuable qualities of the ' Essay' itsqlf. He has doi^e his work without pretension, but' in a solid and efficient manner. The ' Summary of Con- tents' gives an admirable epitome of. the chief points diseased in the 'Essay,' and indeed, in some twenty proportions, supplies a useful, outline - of the whole law. Recent cases are noted at the .Toot of each pa^e with great care and accuracy, while an Appendix contdi^^m^hi VE^uable mattcfr ; including Lord Hale'^ ireatise 'De Jure Mart's, about which there has been so much controversy, and Serjeant Merewether's learned' argument on the rights in the river Thames. The bobk will, we think, take its place as the modern authority on the subject." — Ziaw yoiimaU ■The treatise, as originally published, was one of con5iderabIe''Va!lue, and has ever since- been quoted as a! standard authonty. But astime passed, and cases accumulated, its value diminished, as it was necessary to supplement it so largely by reference to cases since decided. A tempting opportunity was, therefore, ofifered 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. ' A^ very good specimens of anno- tation, showing clear judgment in selection, we may refer fio 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 ' hsls been held to pass, proceed- ing subsequently to the evidence which is sufficient to support a claim to ownership of a fishery. The important question under what circtunstances property can be acquired in the soil- between high and low water mark is lucidly discussed at page 77, whilst at page 81 we find a pre^ant note on the property of a grantee of wreck in goods stranded within^s liberty. *'We think we can promise Mr. Ix>veland the rewarfl for which alone he says he looks — that this edition 'of Hall's Essay will prove a most decided assistance to t^ose engaged in cases relating to the foreshores of the country."— Z,aa*7z>«M. " 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 op Rivers Pollution. By clement HIGGINS, M.A., F.C.S., OF THE INNER TEMPLE, BARRISTER-AT-LAW. "As a dompendium 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* ManU&l as the best guide we possess." — Public Health. "County Cdurt Judges, Sanitary Atithoritles, and Riparian Owners will find in Mr. Higgins ' Treatise a valuable aid in obtaining a clear notion of the I^aw on the Subject. Mr. Higgins has accomplished a work for "Which he will r'eadilybe recognised as having special fitness, on account of his practical acquaintance both with the scientific and the legal aspects of his subject." — Law^ Maga- zine and Review. "The volume is very carefully atranged through- out, and -will prove of great utility boui to miners and to owners of land on the banks of rivers." — The Minino^ yonmal. " 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 YARD, TEMPLE BAR. 31 In 8vo, Third Edition, price 25s., cloth, MAYNE'S TREATISE .THE LAW OF DAMAGES. THIRD EDITION. BY JOHN D. M A Y N E, OF THE INNER TEMPLE, EAKKISTER-AT-LAW ; . AND LUMLEY SMITH, OF THE INNER TEMPLE, Q.C. ' " During th^e twenty-two years which have elapsed since the publication of this well-known work^ its reputation has been steadily growings and it has long since become the recognised imthofity on the important subject of-^hich it treats, "^—'La.w Magazine and Review, '^- ''This edition of what has become a standard Work has the advantage of appearing under the Stiliervision of the original aufihor as , well ' as of Mti Itumley Smith} the editor of the second edition; The result is most satisfactory. Mr. Luraley 3fjiuth's 'edition was ably and conscientiously pre- t)ai^d, and we are glad to find that the reader still enjoys the benefit of his acciusLcy 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, '. HctdUy v., Baxendalc (9 Ex. ^4i)> still remain^ the leading authority, and furnishes the text for ehe 'discussion, contained in the second chapter of Mr, Mayne's book. I^roperly understood and . limited, the rule pix»posed 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 conciwly summarized by Mr. Mayne, have established that mere knowled^ of special circumstances is not enough, unless it can be in- ffsirred from the whble- ■ transaction i that ,the contractor consented to become liable to the extra damage. This limitation is obvioUslyjust, 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 oUight 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 princk pies 'than in contracts;: indeed, sonletimesdltith^ impossible to say they are governed by ally princi- ples at all'.. In actions for injuries to .the person or reputation, for example, a judge cannot do more than give a general directioU to the jury to give what the facts proved in their judgment required^ And, according to the .better opinion they may^ve 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 rai;e 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. Stntik (24 W". ' R. 487^ 1 !Ex. D. ga:) furnishes the author witjl ah opportunity of discussing the well-known rule in Ward v. Weeks (7 Bing;. 2ji) that injury resulting from the tepetition-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 everyone who utters a sigiider may be perfectly cettain 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 that aJl the English, as well as the prirfcipal Irish decisions up to the date have been included^ and we believe from our own examination that the hope is well founded. We inayTegret that, warned by the growing bulk of the book, the editors have not included any fresh American cases, but we feel that the pmission was unavoidable. We should add that the whole work has been thbroughly revised."— Solicitors' y.oumal. ^^ This text-book is so well known^ not only as the highest authoHty 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 "-~Ci,T!iAT>A. LiAW JOUJINAL. ' 32 'STEVENS &- HAYNES, BELL YARD, TEMPLE BAR. ' In Svo, price 2s., sewed, TABLE of, the POEEIGF MEilOANTILE LAWS and CODES in Force> in the Principal States of EURO'PE^and. AMBBICA. By Charles Lyon-Caen, Professeur . agreg^ a la Faculty de Droit de Paris ; Professeur \ I'Ecole libra des Sciences politiques. Translated by Napoleon Argles, Solicitor, .Paris. t: In one volume, demy Svo, price \6s. 6di, cloth, PRINCIPLES OF THE 'iLAW 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' Jonrn{tL " We have, indeed, met with few work?. which soi successfully surinouht thej difficulties in the way of this arduous undertaking Ss the one before us ; for the language iS' w^ll chosen, it is exhaustive of the law, and is systematised with great method/' — American Law Review. , ■ 1. In Svo, price los. 6d., cloth, , < A REPORT OF THE CASE OF THE QUEEN y. GURNET AND OTHERS, . In tfie. 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 Ca;ses ■'at Law and Equity applicable to it ; or Illustrating THE Doctrine of Com- mercial Fraud. By W. F. Finj-ason, Barrister-at-Law. " It will probably be a very long time before 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 coilld be more natural than that the reporter should publish a Separate report in hoolc form. This has been.done^ and • Mri Finlason introduces the report by, pne hundred pages of dissertation on the . general law. To this we shall proceed to refer, simply remarkingy before doing so, that the charge «to the jury has been earfefuuy revised by the Lord Chief Justice." — LaiJa Times.. l2mo, price loj-, 6(/., cloth, '''^'''' A TREATISE OK THE GAME LAWS OF EELAMD 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 GiLMoRk; isfi Evans, of the Inner Temple, Barrister-at-Law. In royal Svo, price lOJ. 6(/., cloth, THE PRACTICE OF EQUITY BY WAY OF REVIVOR ABD SDPPLEMEHT. ' ' . " With Forms of Orders and Appendix of Bills. By LOFTUS LEIGH PEMBERTON, of the Chancery Registrar's Office. "Mr. Peijiberton has, with great care, brought i will probably be applied tq future cases." — SoH- tpgether and classified all these conflicting cases, citors' Journal, apd has, as far as may be, deduced principles which | , . . . , In Svo, price ^s,^ cloth, ,ITHE LAW OF PRIORITY.: A CoNpisE View of the Law relating to Pkioritv 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 j tioner ^vith a useful sypplemenl; to Ifirger and more the advauced student, ;ind will furnish the practi- | complete ^v6rVi,"^^Sohcitors' yonrnat. STEVENS &= HAYNES, BELL YARD, TEMPLE BAR. as In crown 8vo, price" i6j., cloth, , MANUAL OF THE PRACTICE OF PARLIA- MENTARY elections THROUG^OU,T GREAT BRITAIN AND IRELAND. Comprising the Duties of Returning 0,fficers and their Deputies, Town Clerks, Agents, PoU-Glerks,,. &c., and the Law of Election Expenses^ Corrupt Practices, and illegal Payments: With an Appendix of Statutes and an , !^ndex. By Henry Jeffreys Busjiby, Esq., one of the Metropohtan Police Magistrates, sometime kecorder of Colchester. — Fifth Edition. Adapted to and embodying the recent changes in the Law, including the Ballot Act, the Instruc- tions' 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, Barrister-at-Law. We have just received at a very opportune moment th.e new edition of this useful wc^k. We need only say th^t those who have to ido with elections will titid ' Busby's Manual ' replete with information and trustworthy, *and that Mr. Hard- castle has incorporated all the recent changes of the law." — Law journal. *' As far as we can judge, Mr. Hardcastle, who is known as one of the joint editors of O'Malley and Hardcastle's Election !^eports, has done his work well For practical purposes, as a handy manual, we can recommend the work to. returning officers, agents, land candidates; artd returning officers cannot do better than distribute this manual freely amongst their subordinates, if they wish them to understand their work. "Soli' citors' yaumal. A Companion Volume to the-above, in crown 8vo, price 9^., cloth, THE LAW AND PRACTICE OF ELECTION PETITIOJfS, With an- Appendix containing, the Parliamentary Elections Act, iS68, the General Rule6 for the Trial of Election Petitions' in England, Scotland, and Ireland, Forms of . ; Petitions, &c. Second Edition. 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 eiFec,t.of the Election Petitions Act, 1868, he takes his readers step by step through the new procedure. His mode of treating the subject of * particulaors ' 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 hianual pn the law and practice of election petitipns." — Law Tiijtes.. -Now ready, Vols. L, II., & III., price 73J. ; and Vol. IV., Pts, I. & II., price 5^. 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. In 8vo, price I2j., cloth, THE LAW OF FIXTURES, IN THE PRINCIPAL RELATION OF LANDLORD AND TENANT, AND IN ALL OTHER OR GENERAL RELATIONS., FOURTH EDITION. By ARCHIBALD BROWN, M.A. Edin. and Oxon., and B.C.L. Oxon., OF THE MtDDLE TEMPLE, BARRISTER-AT-LAW. ■■ "The author tells us that every endeavdur has been made to make this Edition as complete as possible. We think he has beep very successful. ' Foi; instance, the changes effected by the Bills of Sale Act, 1878, have been well indicated, and a ,' new chapter has been added with reference to the Law of Ecclesiastical Fixtures and Dilapidations. 'The book is worthy of the success it has achieved." ■■ — Laiv Tijites. , , t , ' ■ * "We have touched on the principal featuresof this new edition, and we have not space for further remarks on the book itself: but we may observe, that the particular circumstances of the cases cited are in sill instances sufficiently detailed to make.thfr principle of law clear ; and though very many of the prin'ciples given are in the very words of th&ju4ges, at the same time the author has not spared tadeduce his own observations, and the treatise. is commend- able as well for originality as for Jaboriousness." — LawJournaL. 34 STEVENS &- HAYNES, BELL YARD, TEMPLE BAR. ^tcJwiits ani ^agiifa' ^me» at glfprints of the dsil)) gl*parte». SIR BARTHOLOMEW SHOWER'S PARLIAMENTARY CASES. In Svo, 1876, price 4/. 4J., best calf binding, SHOWER'S CASES IN PARLIAMENT RESOLVED^ AND ADJUDGED UPON PETITIONS &- WRITS OF ERROR. FOURTH EDITION. , CONTAINING ADDITIONAL CASES NOT HITHERTO REPORTED. REVISED AND EDITED BY RICHARD LOVELAND LOVELAND, OF THE INNER TEMPLE, BARRISTER-Xt-LAW ; EDITOR OF " KELVng'S CROWN CASES," AND " hall's essay 6n the rights OF THE CROWN IN THE SfeASHOEE." " Messrs. Stevens & Haxnes, the successful publishers of tlje Reprints of Bellewe, Cooke, Cunningham, Brookes's New Cases, Choyce Cases in Chancery, WilHamKelynge and Kelyng's Crown Cases, determined to issue anewbr fourth Edition of Shower's Cases in Parliairient, "The volume, although beautifully pfintecj on old-fashioned Paper, in old-feshioned ~ 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-enterpri^ing publishers. " Shower's Cases are models for 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 IL In Svo, l86g, price 3/. 3J., bound in calf antique, LES ANS DU ROY RICHARD LE SECOND. Collect* eftsembl' hors les abridgments de Statham, Fitzherbert et Brooke. Per Richard' Bellewe, de Lincqlns Inne. 1585. Keprinted" from the Original Edition. ' ' . , ' ' ■ s. highly creditable to the spirit and 'enterprise^^f private publishers. The work is an important link \ iri our legEtl histonr ; there are no year books of the reign of Kichardll., and Bellewe siropljedtheonly substitute by carefully extracting ancTTOlleeting all ' the cases he could find, and he did! it in tKe 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 aipcording to their subjects in alphabetical order, It'is tha-eforeone of the'taost intelligible and interesting , legal memorials of the Middle Ages." — Law Times. " No pubfic library in the world, where English law finds a pl^ce, should be without a copy of this ■ edition of Bellewe." — Canada Law Journal. "We have here ^facsimile 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 lyorks 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 CUNNINGHAM'S REPORTS. In Svo, 1871, price 3/. 3^,, calf antique, Cui^NiNGHAM'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 oifered to the Consideration of both Houses,, of Parliament. Third edition, with, numerous X^orrections. By Thomas Townsend Bucknill, Barrister-at-Law. " The ' instructive chapter which precedes the casesi entitled ' A proposal for rendermg the LaWs of England clear and certain,' gives the volume a degree of peculiar interest, independent of the value of.many ofehe f^orted cases: Thit'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 giyfin of English Reporters, beginning with th*^ reporters of the Year Books from i £dy. III. to 12 Hfcn. VII][.'— being' near 200 years — aivl afterwards to, the time of the author."~CV»!Ku^ Law Journal. STEVENS &■ HAYNES, BELL YARD, 'TEMPLE BAR. 35 ,Stel)CT» mill Paaitiis' ^sxits at Hqw^nte at tlw garlj gupflttec^. CHOYCE CASES IN CHANCERY. In 8vo, 1876, price 2/.. 2/,,, calf antique, THE -FMOTICE GF THE HIGH OOUET 6f OHAFOERT. With the Nature of the several Offices belonging, to that Court. And the Reports, of many Cases wherein Relief hath been there had, and where denyed. » 11' This volume, in paper, t;ft]^ and binding (like " Bellewe's Cases ") is a fac-simile of tlie antique edition. All who buy the one should buy the other."— Ca»arfa La-w Journal. In 8vo, 1872, prices/. V-i calf antique, SIR G. COOKE'S COMMON PLEAS REPORTS IN THE REIGNS OF QUEEN ANNE, AND KINGS GEORGE I. and II. The Third Edition, with AdditipnaJ, Cases and References contained in the Notfis taken from L. C. J. Eyi^e's MSS. by Mr. Justice Nares, edited by Thomas TowNSEND BucKNiLL, of the InneiTemple, Barrister-at-Law. M. *' 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- ■tainiy surprising to see with what facial accuracy an old volume of Riepprt%ijV) Nos. CCXXVI. to CCXXIX. ("Vol. 3, 4th Series Nos.- IX. to XII.), November, ■ ' ■ 1877, to August, 1878. Nos. CCXXX. to CCXXXIII. (Vol. 4, 4th Series Nos. XIII. to XVI.), November, 1878, to August, 1879. Nets. CCXXXIV. to CCXXXVII. (Vol. 5, 4th Series Nos. XVII. to XX.), November,' 1879, to August, 1880, Nos. CCXXXVIII. to CCXLI. (Vol. 6, 4th Series Nos. XXI. to XXIV. ), November, 1880, to August, 1881. Nos. CCXLII. to CCXLV. (Vol. 7, 4th Series Nos. XXV. to XXVIII. ), November, 1881, to August, 1882. Nos. CCXLVI. to CCXLIX. (Vol. 8, 4th Series Nos. XXIX. to -XXXII.), November, 1882, to August, 1883. ■ No. CCL. (Vol. 9, 4th Series No. XXXIII.), for November, 1883. An Annual Subscription of 20s., paid in advance to the Publishers, will secure -the receipt of the LAW MAGAZINE, -fre6 by post, v/ithin the United Kingdom, or for 24s. to the Colonies and Abroad. 38 STEVENS &fi HAYNES, BELL YARD, ' tEMPLE BAR. Third Edition, in one vol., 8vo, price 3zj., cloth, A TREATISE ON HINDU LAW AND USAGE. By JoitN 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 pro4uced a w(wk of value alike to the practitioner at the Indian Bai> 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 -- thoughtful and suggesti'i'e 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 Ijj., cloth, A DIGEST OF HINDU LAW. AS ADMINISTERED IN THE COURTS OF the MADRAS PRESIDENCY. ARRANGED AND ANNOTATED By H. S. CUNNINGHAM, M.A'., Advocate-General, Madras. D UTCH Law . Vol. I., Hoyal 8vo, price 40J., cloth, VAN LEEUWEN'S COMMENTARIES ON THE ROMAN-DUTCHv LAW. Revised and Edited with Notes in Two Volumes by C. W. Decker, Advocate. Translated from the , Original Dutch by J. G. KOTZ*, LL.B., of the Inner Temple, Barrister-at-Law, and Chief justice of the Transvaal. With Fac- simile Portrait of Decker from the Edition of 1780. *^* Vol. II. is in course of preparation. Buchanan (J.), Reports of Cases decided in the Supreme Court of the CAPE OF GOOD HOPE. ' 1868, 1869, 1870-73, and 74. Bound in Three Vols. Royal 8vo. ■ '■ 1875, 1876, 1879, etc. Menzies' (W.), Reports of Cases decided in the Supreme Court of the CAPE OF GOOD HOPE. Vol. I., Vol. II., Vpl. III. Buchanan (J.), Index and Digest of Cases decided in the Supreme Court of the CAPE OF GOOD, HOPE, reported by the late Hon. William Menzies. Compiled by James Buchanan, A4v.ocate, ,of the, Supreme Court. In One Vol., royal 8vo. In 8vo, 1878, cloth, PRECEDENTS IN PLEADING : being 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 3IJ. bd., boards, , THE INTRODUCTION, TO DUTCH JURISPRUDENCE OF HUGO GROTIUS, with Nstes 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 i2mo, price IJJ. net, boards, SELECT THESES ON THE LAWS OF HOLLAND & 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 DioNYSlus Godefridus ' VAN DER Kessel, 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 ,1 Biographical Notice of the Author by Professor J. De Wal, of Leyden. STEVENS &• HAl'NES, BELL YARD, TEMPLE. BAR. THE 3Sar ( ^a OF THE INNER TEMPLeV BAitR!STER-AT-LAW ; AND W. D. EDWARDS, LL.B., 6p Lincoln's inn,'barrister-at-eaw. It is inteitded in future to publish, a Number of M« Journal after each Examination, Now published, in 8vo, price i8j. each, cloth, THE BAR EXAMINATION JOURNAL, YOLS.IY.&T. r; Containing the Examination Questions and Answers from Easter Term, 1878, to . "Hilary Term, 1880, and Easter Term, 1880, to Hilary Term, 1882, with List \>f 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. Second Edition. In 8vo, price 6s., cloth. A SUMMARY OF JOINT STOCK COMPANffiS' LAW. By T. EUSTACE SMITH, OF THE INNER TEMPLE, BARRISTElt-AT-LAW. "The author of this hand-book 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 wejl read it ; for Mr. Smith has very ■Wisely been at the pains of giving his authority for air his statements of the law or of practice, as applied to joint-stock company business usually transacted , in solicitor's chambers. In fact, Mr. Smith has \ %^ykh& little book offered a fresh inducement to Sttldents to make themselves — at all events, to some Extent — acquainted with company law as a separate "branch of study." — Law Times. "Thqse 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 ly^ have derived a lar^e amount of valuable information, and we can heartily and conscientiously recommend it to our readers." — Oxford and Cambridge Undergrad- uates' Journal. 40 STEVENS df HAYNES, BELL YARD, ■TEMPLE BAR. In 8vo, Fifth Edition, price gx., cloth, THE MARRIED WOMEN'S PROPERTY ACTS; 1870, 1874, and 1882, With Copious and Explanatory Notes, and an Appendix of the Acts Relating to Married Women. By S. WORTHINGTON Brojifield, .M.A., Christ Church, Oxon., and the Inner Temple, Barrister- at-Law.^ Beiifg the Fifth Edition of The Married Women's Property Acts. By the late J. R. Griffiths, B.A., Oxon., of Lincoln's Inn, Barrister-at-Law. ** Upon the whole, we are of opinion that this is ^he best work upon the subject which has been issued ■since the passing of the recent Act. Its posijion as a well-established manual of ackno'wleflged'worth gives it at starting a considerable advantage qver new books ; and this advantage has been welt maintained by the intelligent treatment of the Editor."— 5'(j/zn/(?rj' 5^i?«r«fl/. '■ ** Thp notes are full, but anything rather than tedious reading, and the la,w. contained in them is good, and verified by reported cases. ... A distinct feature of the work is its copious index, practically a - summary of the marginal headings of the various paragraphs in the body of the text. This book is worthy of all success." — Law Magazine, In 8vo, price I2j., cloth, THE LAW OF NEGLlGENCi!. SECONiD EDITION. By Robert CampbelLj of Lincoln's Inn, Barrister -at- Lkw, and Advocate , of the Scotch Bar. -, , , , , , ,,. " No less an authority than the late Mr. Justice Willes, in his judgment in; Qip,etiheiin ;v. {WhiAe Lion Hotel Co., characfcfirised Sir. 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'Whioh aniiu?illy ipsue from the press, we tjiink the prSffiSsioii will be thankful t9 the authof of 'this new edition brought down to date. It is indeed an ajSle and",^tholarly trea^grfon a somewhat difficult branch bf laW, in tlfe' treatment of which tlie author's knowledge of Roman and Scotch Jurls-- prudence has stood him in good stead. We con- fidently recommend it alike to the student and the practitioner," — Law Ma^a^jne. , .. - -- * In royal Svo, price 28^., cloth, AN INDEX TO TEN THOUSAND PRECEDENTS IN CONVEYANCING, and xb' 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 pay- able on, Probates of Wills, Letters of Administration, Legacies, and Successions. By .Walter Arthur Copingee, of the Middle Temple, Barilster-at-Law. BIBLIOTHECA LEGUM. , ,. In i2mo (nearly 400 pages), price 2J-., cloth, •, . i-vilp A CATALOGUE OF LAW BOOKS, including an the" Reports in the various Courts of England, Scotland, and Ireland; with a Supplement to December, 1882. ' By Henrv G. Stevens and Robert W. Haynes, Law Publishers. • '''; ' , In small 4to, price 2j., 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 alpeta- BETICAL &' CHRONOLOGICAL ORDER. By Stevens & Haynes, Law Publishers. ' S7'EVENS &= HAYNES, BELL YARD, TEMPLE BAR. 41 Just published, in Svo, price I2j., cloth, , CHAPTERS, ON THE LAW RELATING TO THE COLONIES. I To which is appended a Topical Index of Cases decided in the Pri-vy Council on Appeal from the Colonies, the Channel Islands and the Isle of Man, reported in Acton, Knapp, Moore, the Law Journal Reports, and the Law Reports, to July, 1882. By CHARLES JAMES TARRING, OF THE INNER TKHPLE, ESQ., BARRISTER-AT-LAW. CONTENTS. Table of Cases Cited. i Chapter V. — Appeals from the ColonicB. Table of Statutes Cited. phapterVI. — Section i. — Im;^erial Statutes relating Introductory. — Definition of a Cplony. ' to the Colonies in genersil. ^ Chapter I. — The laws to which the Colquies are Section 2. — Imperial Statutes relating subject. Chapter II. — The Executive. ~ Section i. — The Governor. Section 2. — The Executive Council. Chapter III. — The Legislative power. Section i. — Crown Colonies. Section 2. — Privileges and powers of colonial Legislative Assemblies. Chapter IV. — The Judiciary and Bar. to particular Colonics. Topical Index of Cases. Index of Topics of English Law dealt with IN THE Cases. Index of Names of Cases. GENERAL INDEX. In Svo, price loj. cloth, THE TAXATION OF CQSTS IN THE CROWN OFFICE. COMPRISING A COLLECTION OF ■ BILLS OF COSTS IN THE VARIOUS MATTERS TAXABLE IN THAT OFFICE; INCLUDING COSTS UPON the PROSECUTION of FRAUDULENT BANKRUPTS, 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, p CHIEF CLERK IN THE CROW^ OFFICE. , " This is decidedly a useful work on the subject of those co.sts 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 prepai-iiig costs for taxation in the Crown Office, or when taxing an opponent's costs. Country solicitors will find the scale relating to banltruptcy prosecutions of especial use, as such costs are taxed in the Crown Office. The ' general observations 'constitute a useful feature in this manual. "—Z.aM/ 7¥/Kfs. " This book contains a collection of bills of costs in the various matters taxable m the Crown Office. WheU' we point ouit that the only scale of costs available for the use of the general body of solicitors is that pub- lished in Mr. Corner's book on ' Crown Practice' in 1844, we have said quite enough to prove the utility of the work before us. .. vt . . . «- , ■ • i * ' > 1 /.. \ , "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 'fcosts in Bankruptcy Prosecutions,' 'Qua Warranto,' ' Mandamtts,' 'Indictments,' and " We have rarely seen ^ worlc of this character better executed, and we feel sure that it will be thoroughly appreciated." — Law yoitmtd. ^ „- ^„ . , r ,- , " The recent revision of the old scale of costs m the Crown^ Officfc renders the appearance of this work particularly opportune, and it cannot fail to be welcomed by practitioners. Mr. Short gjvra, in the first ■ place a scale of costs usually allowed to solicitors on the taxation of costs in the Grown Office, and then bills of costs in various matters. Tflese are well arranged and clearly printed."- Solicitors' jTourxti/. 42 STEVENS &- HAYNES, BELL "YARD, TEMPLE BAR. In one volume, 8vo, price ids., cloth, A CONCISE TREATISE ON 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 headingSj and each chapter treats of a sub-diyision of one of the main branches of the subject ;'thus we have ten chapters devoted to real property, liiis arrangement entailsa certain amount of repetition, but is not without its advantages, as the subject of jeach 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 decisioiis appears to be accurately given — indeed, the author has, as we are informed in the preface, ' so far -as is consistent with due |jrevity, employed the i^sissima. verba of the tribimal ; ' and the cases are brought down to a very recenf date. .... The substance of the book is satisfactory ; and we may commend it both to students and j>ractit:ione)^." — Solicitors^ yournal. ' "3y!,r, 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." — Lwiv Jotimal. Ill 8vo, price 8^., 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 MARK^j together with practical Notes aiid Instructions, and a copious iNpEX. By Edward Morton Daniel, of, Lincoln's Inn, ;Barrisler-at-Law. " The last of the works on this subject, that by IVJr. Daniel, appears to have been very carefully done. Mr. Daniel's book is a satisfactory and useful guide." — The Engineer. "This treatise contains, within moderate compass, the whole of the, law, as far 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 tsdce advan- tage 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. Embrming viore 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., DAERISTER-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 bbok 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 punishments." — Manchester Courier. , In 8vo, price 31J. dd., cloth, THE INDIAN CONTRACT ACT, No. IX., of 1872. TOGETHER Wim AN INTRODUCTION AND EXPLANATOBY NOTES, TABLE OF CONTENTS, APPENDIX, AND INDEX. By H. S. CUNNINGHAM and H. H. SHEPHERD, BARRISTERS-AT-LAW. STKVENS ■&■ HAYNES, BELL YARD, TEMPLE BAR. Second Edition, in 8vo, price %s., cloth, THE PARTITION ACTS, 1868 & 1876, A MANUAL OF THE LAW OF PARTITION AND OF SALE IN LIEU OF PARTITION. With the Decided Cases, and an Appendix containing juagments and Orders. By W. GREGORY WALKER, ' OF LINCOLN'S INN, BARRISTER-AT-LAW, B.A., AUTHOR OF "a COMPENDIUM OF THE LAW OF EXECUTORS AND ADMINISTRATORS." *' This is a very goqd manual— practical, clearly Written, and Complete. The subject lends itself Well to the mode of treatment adopted by Mr. Walker,, and in his notes to the various sections he has carrfujly brought to^,etber the cases and dis- ^ged'Ac^difficulties arising upon the language of tfiesliffdrent provisions." — Solicitors Journal. "The main body of the work is concerned only with the so-called Partition Acts, which are really Acts enabling the Court in certain cases to sub- stitute a sale for a partition. What these cases are is very well summed up or set out in the present edition of this book, which is well up to date. The work is supplemented by a very useful selection of precedents of pleadingsand orders." — Lawjoiimal, "This is a very painstaking and praiseworthy little treatise. That such a work has now been published needs, in fact, only to be announced ; lor^ meeting as it does an undoubted requirement, it is sure to secure a place in the library of every equity pra,ctitioner. . . . 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." — JrhU Law Times. In 8vOj price zis., 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, "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 obsierved aaiy very important 'omissions. The author has evidently expended much trouble and care upon his ^ork,_arjd has ]3rought together, in a conpise and convenient form, the law iipon the siibject down to the present timet'' — Solicitors* yournal. ' *' Its law is iinimpeachable. We have detected no errors, Vaiid whilst the work might have been done more .scientifically, it is, beyond all question, a' compendium of sound legal principles;" — Laiv Times. " i ; ^ I' ' '^r; Simpson has arranged the whole of the Law \^ ^l£ltmg 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 AND FELLOW OF CHRIST S COLLEGE, CAMBRIDGE. able to test it, the work omits no point, of any im- portance, from the earliest cases to the last. In the essential qualities of clearness, completeness, and orderly arrangement it le3.ves nothing to be desired. , ■' " Lawyers in doubt on any point of law or prac- tice will find the information they require, if it cart be found at all, iti Mr. Simpson's book, and a writer of whom this can be said may congratulate himself on having achieved a considerable success." — Law Magazine^ Febriiary, 1876. "The reputation of 'Simpson on Infants' is now too perfectly established to need any enco- miuqis 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 pracfiicc .relating to its subject." — Irish Law Times, July 7, 1877. THE In 8vo, price 8j. , cloth, LAW CONCERNING THE REGISTRATION OF BIRTHS AND DEATHS IN ENGLAND AND WALES, AND AT SEA. Being 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. Flascfnan's unpretentious but admi- rable little book makes the duties 0/ all jfiarties wider the Act abundantly clear. ., . . Lawyers ■will .find the book not only handy, but alsoinsiruc- twe and suggestive. To registrars, and allpersons engaged in the execution of the law, the book will beinvaluable. The index occupies thirty-five jiages, and is so full that information on a minute pomt 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 what must not be done, are so clear thai it is well-nigh ivipossible for any one who cotisults the book to err. Those who use Flaxman's ' Regis- tration of Births and Deaths ' will admit that pur laudatory criticism is thoroughly merited." — Law Journal. "" M'r. Arthur John FlaScman, bq^ister-a^la^, of the Middle Temple, has publi^h^d a, small work on ' The Law concerning the Registration of Births and Deaths in England and iWales, 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 35 out of a total of iis pages. _ The index alonb would be extremely useful, and is worth the money asked for the ■viQx\."^~-Law Times. 44 STEVENS &- HAYNES, BELL YARD, TEMPLE BAR. THE LAW OF EXTRADITION. Second Edition, in 8vo, price' \%s., cloth, A TREATISE UPON THE LAW OF EXTRADITION, WITH THE CONVENTIONS UPON THE SUBJECT EXISTING BETWEEN ENGLANX) AND FOREIGN NATIONS, AND THE CASES DECIDED THEREON. By EDWARD CLARKE, OF LINCOLN'S INN, Q.C. " Mr. Clarice's accurate and sensible book is the best authority to which thp 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 law3rer." — Solicitors' Jotimal. "The appearance of a second edition of this treatise does not surprise ns. 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 wio 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 maybe called a warm cblnmenda- 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 pleasiire to mefet 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 irjterestiiig 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. Clarice's work comprises chapters upon the Duty of Extradition ; Early Treaties and Cases ; History of the Law in the United Slates, 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 7i 1874, in a long article upon " Extradition Tlreaties," makes considerable use of this work, and writes of it as " Mr. Clarke's useful Work on Extraditio}i." In 8vo, 1876, price 8j., cloth, THE PRACTICE AND PROCEDURE IN APPEALS FROM INDIA TO THE PRIVY COUNCIL. By E. B. MICHELL and R. B. MICHELL, • BAKKISTERS-AT-LAW. " A useful manual arran^ng the jaractice in convenient order, jind giving the rules in force in several Courts. It will be a decided acquisition to those engaged in Appeals from India." — Law Times, STEyENS. &- HAYNES, .BELL YARD, TEMPLE BAR. 45 PRACTICE OF CONVEYANCING. In 8vo, price 2,s. 6d., cloth, TABLES OF STAMP DUTIES .FROM i8is TO THE PRESENT TIME. BY; WALTER ARTHUR COPINGER, , OF THE S1IDDLE TEMPLE, ESQUIRE, BARRISTERi;-A.T-LAW I AUJ*HOR OF ",,THE LAW OF COPYRIGHT IN WORKS OF LITERATURE AND ART," " INDEX TO PRECEDENTS IN CONVEYANCING," ■" TITLE DEEDS," &C. *' dopveyancers owe Mr. Copinger a debt of gratitude for his valuable Index to Piiecedents an ,' Goiiveyanfcing : and we think the little book now before us will add to their obligations, Mr. jCppinge^r gives, first of all, an abstract of tHe Stamp Act, i%jo, with the- special regulations affecting con- Vfiyances, mortgages, and settlements in full. Hd then presents m a tabular form the ad valorem. stamp duties on conveyances, mortgages, and settl«nent5, payable in England from the ist of September, 1815, to the loth of October, 1850, and then tables of ad valorem duties payable on the three classes of instruments since the last-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 ^ thinH tljis little book ought to find its way into a good many chambers and offices." — ^0//- citors' ^ow^ 34- Braithwaite (T. W.), 18. Brice (Seward), 9, 16. Bromfield (S. W.), 4°- Brooke (Sir R.)> 35- Brown (Archibald), 26, 22, 26^ 33. Browne (J. H. Balfour), 19. Buchanan, (J.), 38- Buckley (H. B.), i7- Bucknill(T.T.), 34. 35- BusHBY (H. j.). 33- Campbell (Gordon), 47. Campbell (Robert), 9, 4°- Chalmers (M. D.), 10. Clarke (Edward), 44. COGHLAN (W. M,), 28. Cooke (Sir G.), 35- Cooke (Hugh), 10. CopiNGER (W. A.), 40. 42> 45- Corner (R. J.), 10. Cunningham (H. S.), 38, 42- Cunningham (John), 7. Cunningham (T.), 34- Daniel (E. M.), 42- Deane (H. C), 23. De Wal (J.)> 38. iJOUTRE (J.), 18. Edwards (W. D.) Elgood (E. j.), 18. Emden (A.), 8. Evans (G.), 32- Finlasos (W. F.), J2. Flaxman (A. J.), 43- FooTE (J. Alderson), 36. Forsyth (W.), i4- GiBBs (F. W.), 10. GODEFROI (H.), 14- Greenwood (H. C.)> 46- Griffith (T- R-). 40- ' . Griffith (W. Downes),'6. Grotius (Hugo), 38. Hall (R. G.), 3o- Hanson (A.)> i°- Hardcastle (H.), 9> 33- Harris (Seymour F.), 20, 27.- Harris (W. A.), 47- Harrison (J. C), 23. Harwood (R; G.), 10. Hazlitt (W.), 29. HiGGINS (C), 12, 3°- Houston (J.), 32. 39- Indermaur (John), page-24, 25, 28. Jones (E.), i4- Joyce (W.), 11. Kay (Joseph), 17. K;elke(W. H.), 6. KelyngCSirJ.), 35- Kelynge (W.)„3S- K0Tz6(J.iG.), 38- Lloyd (Eyre), 13. , LOCKE (J*.), 32- LORENZ (C. A.), 38. LovELAND (R. L.), 6, 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. Moriarty, 14. 0'Malley(E. L.), 33- Peile (C. j.), 7- .Pemberton (L. L.), 32. Reilly (F. S.), 29. RiNGWOOD (R.), 15, 29. Robinson (W. jG.), 32. Savigny (F. C. Von), 20. Seager(J. R.), 4.7- Short (F. H.), 10, 41. Shortt (John), 14. Shower (Sir B.), 34- Simmons (F.), 6. Simpson (A. H.)> 43- Smith (Eustace), 23, 39. Smith (F. J.), 6- Smith (Lumley), 31. Snell (E. H. T.), 22. Tarrant (H. J.), i4- Tarring (C. J.), 26, 41. Taswell-Langmead, 21. Thomas (Ernest C), 28. Tyssen (A. K), 39- ; Van der Keesel (D. G.), 3^ Van Leeuwen, 38. Waite (W. T.), 22 Walker (W. G.), 6, 18, 43. Watts (C. N.), 47. Whiteford (F. M.), 20. Williams (S. E.), 7- LONDON : BKADBUKY, ACNr.W, & CO., VRIKTERS, JVHITEFKIARS, B.C.