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CORNELL UNIVERSnY LIBRARY 
 
 924 084 224 322 
 
Cornell University 
 Library 
 
 The original of tiiis 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/cu31924084224322 
 
A TREATISE 
 
 STATUTOEY JURISDICTION 
 
 THE COURT OF CHANCERY, 
 
 AN APPENDIX OF PRECEDENTS. 
 
 BY 
 
 WILLIAM WHITTAKER BARRY, 
 
 OF LUrCOLN'S rSS, esquire, BAIiia3TEB-AlSI.A.W. 
 
 LONDOlT: 
 
 V. & R. STEVENS & SONS, 
 
 26, BELL YARD, LINCOLN'S INN, 
 1861. 
 
C? 'd/o<^ 
 
 LONDON ; 
 BRADBURY AND EVANS, PRINTKBS, WHITEFRTARS. 
 
PREFACE. 
 
 A FEW words may be necessaa-y to explajn the object of 
 the present treatise. 'For many years, the jurisdiction con- 
 ferred on the Court of Chancery, by means of particular 
 statutes -giving special powers exercisable on petition, has 
 been increasing in extent and importance. The ordinary 
 books of practice, however, contain only a very general 
 statement of the statutory branch of the jurisdiction of the 
 Court, and hence the want of information on this head has 
 been supplied by writers who have furnished to the pro- 
 fession editions of the several Acts, with the results of the 
 decisions appended in the shape of introductions and 
 notes. Far be it from the author to undervalue or 
 depreciate such efforts; on the contrary, he has re- 
 ceived much valuable assistance from the labours of these 
 learned editors. Still, it occurred to the writer, that a 
 work comprising under one cover, and in the form of a 
 regular treatise, the several important statutes conferring 
 on the Court of Chancery a special jurisdiction, together 
 with the decisions thereon, would be found more agreeable 
 reading to the student and of importance also to the prac- 
 titioner. In the performance of his task, however, the 
 compiler has allowed himself a wide discretion. With the 
 numerous statutes which have from time to time been 
 passed in order to extend, amend, improve, or consolidate 
 the original jurisdiction of the Court, and which have 
 found their appropriate place in the general works of 
 
IV PREFACE. 
 
 practice, this treatise has no concern. On the other hand, 
 statutes, which, though strictly coming within the category 
 included under the present title, have either fallen into 
 disuse or are little resorted to in practice, have been 
 also discarded from the writer's arrangement. Again, 
 the jurisdiction conferred on the Court with referencd^ to 
 the Winding-up of Joint-Stock Companies has been con- 
 sidered to be of so distinct a character, and to be in such a 
 transition state, as not to be conveniently comprised in the 
 author's plan. 
 
 Though the forms of petitions and other proceedings 
 under the several statutes vary considerably with the 
 circumstances of each particular case, yet it has been 
 deemed advisable to add an appendix of precedents for the 
 guidance of the practitioner. 
 
 On the whole, the author is not without hope that the 
 present treatise, though imperfect no doubt in some 
 respects, will be found a useful addition to the professional 
 library. 
 
 Lincoln's Inn, 
 
 Ja/nua/ry, 1861. 
 
TABLE OF CONTENTS. 
 
 CHAPTER I. 
 
 OF PETITIONS IN ffENEBAL. 
 
 1. General nature of a petition 
 
 2. What a petition should state , 
 
 3. Where fund carried to a separ- 
 ate aecount .... 
 
 4. As to the preparation of the 
 petition .... 
 
 5. Brevity and form desirable 
 
 6. Where any part of petition im- 
 properor of unnecessary length. 
 Court may make such order 
 as to the costs as shall be just 
 
 7. Or when of vexatious length . 
 
 8. What is improper length 
 
 9. In what cases petition may be 
 presented .... 
 
 10. Persons seeking aid by statu- 
 toiy jurisdiction must com- 
 mence by petition . 
 
 11. Division of petitions 
 
 12. As to petition by infant or 
 married woman 
 
 13. 13y deaf and dumb or blind 
 person 
 
 1 4. Solicitor should have authority 
 to present petition 
 
 15. Where solicitor only author- 
 ised to act for one of two re- 
 spondents, course to be adopted 
 
 16. Petitioner out of jurisdiction 
 must give security for costs . 
 
 17. Infant respondent to petition 
 must appear by guardian ad 
 litem 
 
 18. Such guardian may be ap- 
 pointed on order of course 5, 
 
 1 9. How petition must be intituled 
 
 20. To whom petition should be 
 addressed .... 
 
 21. As to the form of petitions . 6, 
 
 22. Petition must state residence . 
 
 23. Statement must be made of 
 parties intended to be served . 
 
 24. As to petitions addressed to 
 the Lord Chancellor 
 
 PAQE 
 
 2, 3 
 
 PASS 
 
 25. To the Master of the EoUs . 
 
 26. How. petitions should be en- 
 grossed 8 
 
 27. As to two petitions presented 
 
 on the same day ... 8 
 
 28. Petition maybe called for after 
 being answered . . .8 
 
 29. After being answered, a peti- 
 tion can be amended on special 
 order 8 
 
 30. On marriage of petitioner, a, 
 single woman, fresh stamp 
 dispensed with ... 8 
 
 31. Facts inconsistent with order 
 cannot be introduced by 
 amendment- .... 8 
 
 32. Asto adding parties . . 8 
 
 33. Petition must be served on all 
 parties interested ... 9 
 
 34. As to what parties ought to be 
 served 9 
 
 35. Eemaindermen, when numer- 
 ous, need not be served . . 9 
 
 36. Mode of effecting service when 
 not personal .... 9 
 
 37. As to personal service . 9, 10 
 
 38. Care should be taken only to 
 sei-ve those interested . .10 
 
 39. Two clear days must elapse be- 
 tween service and hearing . 10 
 
 40. There should be an affidavit of 
 service of petition . . .10 
 
 41. As to setting down petition to 
 
 be heard . . .10, 11 
 
 42. As to the preparation of the 
 brief 11 
 
 43. On hearing of petition, order 
 will be made . . . .11 
 
 44. As to non-appearance of peti- 
 tioner or respondent . 11, 12 
 
 45. Petition may, by consent, be 
 amended at the hearing . 12 
 
 46. Petition may be directed to 
 stand over to be amended . 12 
 
VIU 
 
 TABLE OF CONTENTS. 
 
 11. Mode of proof of birth, &e., 
 since 17th August, 1836 
 
 12. Prior to that period , 33, 
 
 1 3. Extracts held sufficient though 
 incumbents not stated to be 
 entrusted with register . 
 
 14. Identify must be proved 
 
 15. Entry in parish register of 
 time of birth no evidence as 
 to age 
 
 FAOE 
 
 34 
 
 34 
 
 16. As to evidence of birth of ille- 
 gitimate child, 
 
 17. Neither probate nor letters of 
 administration evidence of 
 death 
 
 18. Proof of birth, &c., in India . 
 
 19. Of marriage of British subject 
 in foreign country . 
 
 FA.SB 
 
 35 
 
 35 
 35 
 
 35 
 
 CHAPTER IV. 
 
 THE JTTKISDICTION OF THE eOTJBT WITH EEFEHENCE TO CHAKITIES TJlfllEB 
 SIR SAMTTEL EOMILLY's ACT (62 GEO. 3, C. 101) AND OTHEB. 
 
 STATUTES CONNECTED THEKEWITH. 
 
 1, 2, 3. Nature of jurisdiction ex- 
 ercised by Court over chari- 
 ties . . . . 37, 38 
 Sir Samuel EomiUy's Act . 38 
 Signature to, and aUowance of, 
 petition under said Act . . 38 
 As to exemption ftom stamp 
 
 duty 39 
 
 Operation of EomiUy's Act . 39 
 Controlled by Charitable 
 Trusts' Act . . . .39 
 Statement of 59 Geo. III. o. 
 91 .... 39, 40 
 Where statutes of charity in- 
 sufficient, petition may be 
 presented .... 
 Statement of 3 & 4 Vict. c. 
 77 .... 40, 
 Master and patron should have 
 notice of application 
 Statement of 8 & 9 Vict. c. 
 70 . . ; . 41, 
 
 14. Heading of petitions under 
 foregoing statute . 
 
 15. Three last statutes proceed on 
 basis of EomiUy's Act . 
 17, 18, 19, 20. Statement of 
 provisions of Charitable 
 Trusts' Act, 1863 . . 42, 43 
 As to signature of petition 
 under EomiUy's Act, and ne- 
 cessary certificates . . 43 
 Sanction of Charity Commis- 
 sioners not necessary imder 
 the circumstances . . 43, 44 
 When final order made no 
 longer matter " actually pend- 
 ing^' 44 
 
 "Where new application, sanc- 
 tion required . . .44 
 Nature of sanction required . 44 
 
 4. 
 5. 
 
 6. 
 
 7. 
 8. 
 
 9. 
 
 10. 
 
 11. 
 
 12. 
 
 13. 
 
 16, 
 
 21 
 
 22. 
 
 23. 
 
 24, 
 
 25 
 
 42 
 
 42 
 
 42 
 
 26. Vesting orders may be made 
 at Chambers 
 
 27, 28. EomiUy's Act only ap- 
 pUes between Trustees and 
 objects of the trust 
 
 29. "Where question relates to 
 original constitution, informa- 
 tion necessary . . 45, 
 
 30. EomiUy's Act only applies to 
 plain breaches of trust . 
 
 31. "Where adverse right claimed, 
 case for information 
 
 32. Also where question arises as 
 to purposes of fund 
 
 33. Class of cases where Court has 
 jurisdiction under EomiUy's 
 Act ... . 46, 
 
 34. The same where no jurisdiction 
 36. As to receiving unsigned peti- 
 tions ...... 
 
 36. Under EomiUy's Act Court 
 may apportion income . 
 
 37. And sale or exchange may be 
 directed .... 
 
 38. Where adverse claim set up, 
 EomiUy's Act does not apply . 
 
 39. As to future appUeations to 
 the Court .... 
 
 40. As to referring to scheme 
 
 41. Usual course as to scheme 
 
 42. Or4ers on petitions same eflfect 
 as decrees . . .48, 49 
 
 43. May be altered by subsequent 
 information .... 
 
 44. When information and peti- 
 tion proceeding together 
 
 45. Court no alternative under 8 & 
 9 Vict. 0. 70, but to interfere 
 
 46. Court may apportion gifts 
 
 47. Principle of division must not 
 be stated . . . .49 
 
 44 
 
 45 
 
 46 
 46 
 46 
 
 46 
 
 47 
 47 
 
 47 
 
 47 
 
 47 
 
 48 
 
 48 
 48 
 48 
 
TABLE OF CONTENTS. 
 
 IX 
 
 PAGE 
 
 48. As to discretion exercised 
 under 8 & 9 Vict. c. 70 . 
 
 49. As to short order on motion . 
 
 50. Parties not served cannot be 
 heard , , . . . 
 
 51. Party personally interested 
 will receive his costs 
 
 52. Parties having no interest 
 must attend at their own ex- 
 pense . . . .50, 
 
 53. Petitioner must hear costs of 
 unnecessary petition 
 
 54. Costs apportioned between the 
 different charities . 
 
 55. How petition for appointment 
 
 50 
 60 
 
 50 
 
 50 
 
 51 
 
 61 
 
 51 
 
 of new trustees shoul4 be in- 
 tituled . . ... 
 
 56. Costs of parties appearing ta 
 aid Attorney-General will not 
 be allowed 
 
 57. Vesting order made at 
 Chambers under the circum- 
 stances .... 51, 
 
 58. Subsequent applications re- 
 quire Commissioners' certifi- 
 cate ... . . . >> . 
 
 59. Application for appointment 
 of future ti'ustees directed tQ 
 be made at Chambers . 
 
 60. Applicationof Peto's Act 
 
 61 
 
 61 
 
 52 
 
 62 
 
 52 
 52 
 
 CHAPTER V. 
 
 PEOPESTT BEIONGING BENEFICIALLY TO IHFANTS AND FEMES COTEKI 
 (1 -WM. 4, e. 65). 
 
 1. Statement of Act . . .53 
 
 2. Interpretation clause . . 54 
 
 3. Powers of Court extended to 
 dominions and colonies, except 
 Scotland .... 
 
 4. Powers extended to Irish Court 
 of Chancery .... 
 
 5. Application may be made to 
 the Court on behalf of infant or 
 feme covert for power to renew 
 lease .... 54, 55 
 
 6. Applications to Chambers, 
 when to be made . . .66 
 
 7. How fines and charges are to 
 
 be paid . . ' . . .55 
 
 8. Lease to enure to old uses, &c. 56 
 
 9. Where infant or feme covert 
 compellable to renew, applica- 
 tion may also be made to the 
 Court . . . . 55, 56 
 
 10. Where infant absolutely en- 
 titled to land. Court may, on 
 
 54 
 
 64 
 
 application, authorise leases 
 for building and other pur- 
 poses . . . .56, 
 
 11. When application under two 
 last provisions to be made at 
 Chambers .... 
 
 12. Fine (if any) must be paid be- 
 fore renewed lease executed . 
 
 13. In what manner fines are to be 
 applied. .... 
 
 14. Orders imder Act will be made 
 in first instance 
 
 15. Guardian of infant may, with 
 approbation of court, enter 
 into agreements 
 
 16. Dividends of stock belonging 
 to infant may be applied for 
 his maintenance 
 
 17. Doubtful whether guardian 
 may be appointed . 
 
 18. How costs to be raised . 
 
 67 
 
 57 
 57 
 57 
 57 
 
 67 
 
 58 
 
 58 
 58 
 
 CHAPTER VI. 
 
 THE JTJEISDICIIOlf OF THE COURT UNDER THE INFANT CUSTODY ACT 
 (2 & 3 VICT, C. 54). 
 
 1. Jurisdiction exercised by Court 
 over infants. . . 69, 60 
 
 2, 3. Provisions of statute 2 & 3 
 Vict. c. 64 . . . .60 
 
 4. Vice-Chancellors have juris- 
 diction under this statute . 60 
 
 6. Object of Act. . . 60, 61 
 
 6. Custody may be given to 
 mother as against testamen- 
 tary guardian . . 61, 62 
 
 7. Next friend not necessary . 62 
 
 8. Order may sometimes be made 
 
 ex parte ... .62 
 
 9. Court may exercise original 
 jurisdiction . . . .62 
 
TABLE OF CONTENTS. 
 
 10. Jurisdiction though child in 
 custody of mother . . .62 
 
 11. Statute has introduced new 
 considerations for interference 63 
 
 12. Infant in custody of mother 
 separated from husband . 63, 64 
 
 13. Circumstances under which 
 Court will interfere . 64, 65 
 
 14. No jurisdiction by way of 
 appeal from Ecclesiastical 
 Court . . . . 65, 66 
 
 15. Where interest of children in- 
 terfered with. Court will not 
 interfere . , . .66 
 
 66 
 
 66 
 
 16. Wife cannot resist husband's 
 application .... 
 
 17. Court will not interfere with 
 right- of father, except under 
 serious circumstances 
 
 18. Statute does not interfere with 
 father's right in absence of 
 order . . . . 66, 67 
 
 19. 20. Nature of circumstances 
 which influence . Court as to 
 custody of children 67, 68, 69, 70 
 
 21. As to powers of Court of 
 Divorce over custody of 
 children . . . .70 
 
 CHAPTER VII. 
 
 THE JUKISDICTIOlf Or THE COTJBT TJSTDBK THE SOLICITOKS' 
 (6 & 7 TICI. C. 73). 
 
 ACT 
 
 1. Statement of Act . . 74 
 
 2. Parts of Act relating to juris- 
 diction of Court . . 74, 75 
 
 3. As to delivery and taxation 
 
 of bills of costs . . .75 
 
 4. As to application for taxation 
 
 at the expiration of one month 76 
 
 5. As to taxation under special 
 circumstances . . .75 
 
 6. As to the payment of the 
 costs of the reference . . 76 
 
 7. Taxing officer may certify 
 special circumstances . . 76 
 
 8. As to order for delivery of 
 bill and delivering up of 
 documents . . . .76 
 
 9. Mode of enforcing the deli- 
 very of a solicitor's biU 76, 77 
 
 10. Actual delivery of biU sufii- 
 cient without proof of con- 
 tents ." . . .77 
 
 11. Action under urgent circum- 
 stances may with leave be 
 commenced within the month 77 
 
 12. Application of third party for 
 taxation . . .77, 78 
 
 13. Where trustee, executor, or 
 administrator chargeable, ap- 
 plication by party interested 78 
 
 14. Bill of costs mUy be ordered 
 to be delivered to party 
 interested . . . .78 
 
 15. Payment not to preclude 
 taxation under special cir- 
 cumstances within twelve 
 months ... 78, 79 
 
 16. Assistance of officer of any 
 other court may be called in 79 
 
 17. How applications to be made 79 
 1,8. References may be made by 
 the Vioe-ChanceUors . . 79 
 
 19. "Month" in Act means 
 "Calendar month" . . 79 
 
 20. BiU of costs of mortgagee's 
 solicitor taxable by mort- 
 gagor 79 
 
 21. Taxation ordered having re- 
 
 fard to agreement . . 80 
 'axing-lVfesters will give 
 effect to agreements as to 
 costs out of pocket . . 80 
 
 23. Bill incurred in respect of 
 election costs, taxable . . 80 
 
 24. Taxing-MasterswiUallowPar- 
 liamentary charges . .80 
 
 25. Jurisdiction to tax Parliamen- 
 tary costs not taken away by 
 10 & 11 Vict. c. 69 . 80, 
 
 26. Charges of solicitor acting as 
 electioneering agent 
 
 27. Fees of solioitor acting as 
 steward of manor not taxable 
 
 28. Statute does not authorise 
 taxation of every kind of bill 
 of solioitor .... 
 
 29. Business must be connected 
 with profession of solicitor . 
 
 30. Where solicitor retains bill, 
 same presumed to be taxable 
 
 31. Order made for taxation of 
 bill where taken away and 
 refused to be produced 
 
 32. Not necessary to specify items 
 of overcharge where solicitor 
 refused to produce bill . 82 
 
 33. Where payment obtained by 
 
TABLE OF CONTENTS. 
 
 XI 
 
 82 
 
 82 
 
 82 
 
 82 
 
 82 
 
 83 
 
 83 
 
 PAGE 
 
 undue pressure, bill taxable 
 if overcharges 
 84. " Special circuDistauce" where 
 payment before completion of 
 matter insisted on 
 
 35. Solicitor will not be permitted 
 to add to undercharges 
 
 36. But leave given on special 
 application to cany in an 
 additional biU 
 
 37. Delivery of bill to agent 
 suf&cient .... 
 
 38. Delivery of unsigned bill ac- 
 companied by letter suffi- 
 cient .... 82, 
 
 39. Bill addressed to the pro- 
 moters of a company , 
 
 40. Taxing of costs on footing 
 of agreement not permitted 
 under the circumstances 
 
 41. An account of dealing not 
 connected with bills cannot 
 be obtained .... 
 
 42. As to taxation of agent's 
 costs 
 
 43. Order obtained by insolvent 
 debtor, discharged 
 
 44. Order should be obtained by 
 party by whom costs in- 
 curred .... 
 
 45. As to bill of costs incurred by 
 two persons 
 
 46. Omission of statement that 
 receipt had been given held 
 to invalidate order . 83 
 
 47. Where client delays for two 
 months, too late to obtain 
 order 
 
 48. As to taxation obtained by 
 railway committee 
 
 49. A compromise does not oust 
 the Court of jurisdiction 
 
 50. Where client resident abroad, 
 he must give security . 
 
 51. Agreement for interest and 
 charge on estate held not 
 taxable .... 
 
 62. Court cannot determine whe- 
 ther special agreement exists 
 as to mode of taxation 
 
 53. An undertaking wiU be 
 enforced .... 
 
 64. A mere volunteer acquires no 
 right to tax a bill 
 
 65. Order of course cannot be 
 supported on merits, as a 
 special order 
 
 66. Form of common order 86, 
 57. Material circumstances should 
 
 not be suppressed 
 
 83, 84 
 
 84 
 
 84 
 
 84 
 
 84 
 
 85 
 
 85 
 
 85 
 
 85 
 
 85 
 
 PAGE 
 
 58. Court no jurisdiction to deter- 
 mine construction of special 
 agreement . . . .86 
 
 59. Business done in Eevisiug 
 Barrister's Court may be 
 taxed . . . .86 
 
 60. AU the bills, and not some 
 only, should be taxed . . 86 
 
 61. As to case when further in- 
 vestigation is necessary . 86 
 
 62. Retainer may be questioned 86 
 
 63. As to applying for special 
 order where common order 
 sufficient . . .86, 87 
 
 64. Payment into court not re- 
 quired at the Rolls . . 87 
 
 65. In what case client has to 
 pay costs of action . . 87 
 
 66. Assignees in bankruptcy or 
 insolvency ordered to pay the 
 costs where more than one- 
 sixth taxed off . . .87 
 
 67. There must be both pressure 
 and overcharge . . .87 
 
 68. Doctrine of pressure not to 
 
 be extended . . .87 
 
 69. Where business ought not to 
 have been transacted, taxation 
 will be ordered . . .87 
 
 70. As to principle of taxation on 
 application of third party . 88 
 
 71. Objection in such case of pay- 
 ment of no force . . 88 
 
 72. A cestui que trust no right to 
 question his trustees' retainer 88 
 
 73. After twelve months, taxa- 
 tion, as between trustee and 
 cest/td que tmM, may be 
 directed . . . .88 
 
 74. Mere probability of disallow- 
 ance or reduction, not suffi- 
 cient to entitle party to 
 taxation . . . ,88 
 
 75. BOl held not subject to taxa- 
 tion under the circumstances 89 
 
 76. Payment of mortgage under 
 protest merely, held not suffi- 
 cient to authorise a taxation 89 
 
 77. Bill dehvereij on day of com- 
 pletion ordered to be taxed . 89 
 
 78. As to taxation by cestui que 
 trust 89 
 
 79. The special circumstances 
 must exist at time of pay- 
 ment ... 
 
 80. BiU paid on deliveiy not alone 
 a sufficient circumstance to 
 justify taxation . 
 
 81. Taxation after payment re- 
 fused under the circumstances 90 
 
 89, 90 
 
 90 
 
xu 
 
 TABLE OF CONTENTS. 
 
 PAGE 
 
 82. Taxation ordered on ground 
 of pressure and probable re- 
 duction .... 
 
 83 . Where no case of pressure or 
 improper items, petition wiU 
 be refused with costs . 
 
 84. As to bill paid under protest 
 to obtain some document . 
 
 85. As a general rule specific 
 items of overcharge must be 
 proved .... 
 
 86. Where pressure, general tax- 
 ation will be directed . 90, 
 
 87. Eefiisal to allow deeds to be 
 executed without payment, 
 sufficient to authorise taxation 
 
 88. Security ec[uivalent to pay- 
 ment 
 
 89. If overcharges evidence fraud, 
 slight circumstances sufficient 
 to authorise taxation . 
 
 90. Notwithstanding settlement, 
 under special circumstances 
 bUl may be taxed . 91, 92 
 
 91. When apphcatiou for taxa- 
 tion considered to be made . 
 
 92. Under the third party clause 
 not necessai'y to prove pres- 
 sure 
 
 9,3. Conteinpt in solicitor to bring 
 action after order for taxation 
 
 Si. Where no special circum- 
 stance, common order for 
 taxation may be obtained 
 
 95. On application for common 
 order, every material circum- 
 stance should be stated 92, 
 
 96. Court wiU discharge order 
 where any material circum- 
 stance suppressed 
 
 97. But it seems that suppression 
 must have been wilful . 
 
 98. Where bill paid special apph- 
 tion necessary 
 
 99. Where it appeared that there 
 were other costs, common 
 order discharged . 
 
 100. Where mistake made in par- 
 ticular items of a biU, course 
 pursued .... 
 
 101. Costs follow result of taxa- 
 tion where special application 
 
 102. Order for taxation of two out 
 of four bills discharged under 
 the circumstances 
 
 103. Substituted service will be 
 allowed under special circum- 
 stances . . . 94, 95 
 
 104. Judgment does not bar taxa- 
 tion 95 
 
 90 
 
 90 
 
 90 
 
 90 
 
 91 
 
 91 
 
 91 
 
 91 
 
 92 
 
 92 
 
 92 
 
 92 
 
 93 
 
 93 
 
 93, 94 
 
 94 
 
 94 
 
 94 
 
 PAQE 
 
 105. Solicitor cannot take advan- 
 tage of an unsigned bill . 95 
 
 106. CUent may treat unsigned 
 bUl as a nullity or not, as he 
 thinks proper . . .95 
 
 107. Want of signature does not 
 constitute a special circum- 
 stance . . .95, 96 
 
 108. Wliere joint employment, 
 special application necessary 96 
 
 109. Where town and countiy 
 solicitor concerned, how peti- 
 tion should be intituled . 96 
 
 110. Application by married wo- 
 man must be made by next 
 friend . . . .96 
 
 111. Statute applies to married 
 woman where she has given 
 undertaking to pay out of 
 separate estate . . 9S, 97 
 
 112. Pending reference, suit cannot 
 be instituted against separate 
 estate . . . . 97 
 
 113. Where no materials to make 
 out biU, no order made . 97 
 
 114. Wliere, on meeting to com- 
 plete, payment demanded, 
 considered a case of pressure 97 
 
 115. As to taxation of costs in 
 cause specially agreed to be 
 paid 98 
 
 116. Petition, on ground of pressure 
 and overcharge, dismissed 
 under the circumstances with 
 costs 98 
 
 117. Where an agreed sum paid, 
 and no regular biU made out, 
 application for taxation may 
 
 be sustained . .98, 99 
 
 118. Agreement for payment of 
 bills not to preclude taxation 99 
 
 119. Where a party has paid part 
 of a bill, he is entitled to 
 have a copy . . .99 
 
 120. Court declined to discharge 
 order though irregular . 99 
 
 121. Where lady not acting under 
 advice of independent solicitor 
 considered a case for taxa- 
 tion . . . .99, 100 
 
 122. Special petition held to be 
 unnecessary under the cir- 
 cumstances .... 100 
 
 123. Special order by cestui que 
 trust allowed . . . 100 
 
 124. Not within power of court 
 to take aocount of profits 
 made by solicitor . . lOO 
 
 125. Nature of pressure required 
 
 to support application . . 100 
 
TABLE or CONTENTS. 
 
 126. Where petition presented 
 nine months after payment, 
 chaiges must amount to 
 evidence of fiuud . .100 
 
 127. Pressure proceeding from 
 third party with notice of 
 solicitor . . 100, 101 
 
 128. Bill referred on account of 
 pressure under the circum- 
 stances . . . .101 
 
 129. Bills of costs paid by mort- 
 gagor ordered under the cir- 
 stances to be taxed . 101, 102 
 
 130. Not sufficient to exclude 
 taxation that no objection 
 made at time of payment , 102 
 
 131. Orders in same matter should 
 be made in same branch of 
 court 102 
 
 132. Failure of solicitor to obey 
 order for delivery of his biLL 102 
 
 133. Possession of papers not a 
 
 ' ' special circumstance "102, 103 
 
 134. Taxation after payment al- 
 lowed under the circum- 
 stances on application of 
 residuary legatee . . 103 
 
 135. Where a solicitorcharges him- 
 self with interest, held bound 
 
 by his entries . . . 103 
 
 136. Course pursued where a soli- 
 citor offered to repay items 
 
 of overcharge . . . 103 
 
 137. Authorities will not be carried 
 further than at present . 104 
 
 138. There must be both over- 
 charge and pressure . . 104 
 
 139. Taxation ordered in a mixed 
 case of pressure and improper 
 items 104 
 
 140. After payment there must be 
 
 some strong circumstances to 
 allow taxation . .104, 
 
 141. Where bill paid on eve of 
 going abroad, taxation al- 
 lowed, though eighteen 
 months after delivery . 104, 
 
 142. Where gross overcharges, tax- 
 ation allowed fifteen months 
 after delivery 
 
 Overcharges need not amount 
 to fraud 
 
 Retainer does not amount to 
 payment 
 
 Order to fix day for payment 
 must be made on notice 105, 
 Where one-sixth taxed off, 
 motion for order for payment 106 
 Items struck out are to be 
 computed in ascertaining the 
 reduction of the biU 
 
 148. In case of death, reference mil 
 be revived .... 
 As to order for taxation with' 
 out authority 
 
 How to determine as to the 
 
 costs of taxation . 
 
 Court refusing prayer of pe 
 
 tition does not always give 
 
 the costs . . . . 
 
 152. Further time given on pay- 
 ment of costs 
 
 Where breach of arrangement, 
 solicitor ordered to pay costs 
 of petition . . . 107, 
 As to security for costs 
 Interest now ' allowed on 
 amount of taxed costs , 
 Costs of lunacy inquiries 
 may be taxed and recovered 
 after lunatic's death . 108, 
 
 143. 
 
 144. 
 145. 
 146. 
 147. 
 
 149. 
 
 160. 
 
 151. 
 
 153. 
 
 154. 
 155. 
 
 156. 
 
 105 
 
 105 
 
 105 
 105 
 105 
 
 106 
 
 106 
 106 
 107 
 107 
 
 107 
 107 
 
 108 
 108 
 
 108 
 
 109 
 
 CHAPTER VIII. 
 
 THE JURISDICTION OF THE C0T7ET TJNDBB THE LANDS' CLAUSES 
 CONSOLIDATION ACT, 1845 (8 VICT. C, 18). 
 
 1 . Jurisdiction exercised by Court 
 under above Act . . . 113 
 
 2. Payment into court, and mode 
 of application of purchase or 
 compensation money . 113, 114 
 
 3. On whose petition money may 
 
 be so applied . . . 114 
 
 4. Where purchase or compensa- 
 tion money does not amount 
 to200;. . . . .114 
 
 5. As to monies payable under 
 contract with person having 
 pai"tial interest . . 114, 115 
 
 6. Where money paid in respect 
 of leasehold or partial interest 
 
 or reversion . . . .115 
 
 7. In case of refusal, &c., pur- 
 chase or compensation money 
 may be paid into Court . .115 
 
 8. And invested or distributed, 
 
 115, 116 
 
TABLE OF CONTENTS. 
 
 9. Parties in possession to be 
 deemed true owners . .116 
 
 10. As to the costs to be paid by 
 the promoters . . . 116 
 
 11. If promoters desirous to use 
 lands before agreement, &o., 
 purchase or compensation 
 money may be paid into 
 court 116, 117 
 
 12. As to application of money 
 deposited . . . .117 
 
 13. How petition should be inti- 
 tuled .... 117, 118 
 
 14. Sections of Act should not be 
 
 set out ...... 118 
 
 15. Petition need not be served on 
 those in remainder . . 118 
 
 16. Deeds must be settled by con- 
 veyancing counsel . . .118 
 
 17. Court has no power to appor- 
 tion price .... 118 
 
 18. Where title to part of land 
 defective .... 118 
 
 19. Where company in possession, 
 tenant for Hfe entitled to divi- 
 dends . . . .118, 119 
 
 20. 21, 22. What amounts to "wil- 
 
 ful refusal" . . . 119, 120 
 
 23. Where tender made, distinct 
 notice of purpose should be 
 given 120 
 
 24. Only a iirst mortgage will be 
 sanctioned . . . .120 
 
 25. Where estate directed to be 
 sold, party entitled to pro- 
 ceeds may petition for pay- 
 ment 120 
 
 26. Transfer from one account to 
 another is payment out of 
 court 120 
 
 27. Where one of several persons 
 entitled petitions . . . 120 
 
 28. Application for payment to 
 tenant for life of indemnity 
 sum in respect of road refused 121 
 
 29. Costs under voluntary agree- 
 ment not payable by company 121 
 
 30. Extra costs out of fund re- 
 fused 121 
 
 31. Balance less than 20Z. ordered 
 to he paid to tenant for life, 
 
 121, 122 
 
 32. Dividends ordered to be paid 
 
 to annuitant .... 122 
 83. Purchase-money of land be- 
 longing to corporation subject 
 to beneficial interests, now 
 directed to be paid . .122 
 34. Purchase-money not allowed 
 to be paid in annual sums . 122 
 
 PAGE 
 
 36. Purchase-money of an en- 
 tailed estate must be dealt 
 with in same manner as estate 123 
 
 36. Where sum small, paid to pe- 
 titioner without disentailing 
 deed 
 
 37. Company must bear costs of 
 disentailing deed . 
 
 38. Eailway company no option as 
 to investment 
 
 39. Houses subject to leases at 
 nominal rent, dividends re- 
 fused to be paid to rector, but 
 fund to be invested . 123, 
 
 40. Under circumstances stated, 
 tenant for life entitled to 
 whole of dividends 
 
 41. Bishop not entitled to com- 
 pensation in respect of fine 
 
 42. Money applied in part pay- 
 ment of expenses of rebuilding 124 
 
 43. Similar decision before Lord 
 Eldon . 
 
 44. Sum will be ordered to be ap- 
 plied in new erections or in 
 rebuilding a farmhouse 
 
 45. Enfranchisement or purchase 
 of copyholds allowed 
 
 46. Produce of leaseholds invested 
 in copyhold lands . 
 
 47. Leasehold interests are incum- 
 brances . 
 
 48. Where moneys paid in by two 
 companies 
 
 49. Costs to be paid by companies 
 equally and not rateably 
 
 60. Costs of incumbrancers to be 
 
 paid by the company ~. .126 
 
 51. Casts of reference must be paid 
 by company . . . .126 
 
 62. J\mds of lunatic directed to 
 be paid to joint account of 
 himself and the company 126, 127 
 
 53. Funds under circumstances 
 directed to be paid out 
 personal estate 
 
 54. Costs of unnecessary service 
 must be paid by petitioner . 
 
 55. Brokerage should be paid by 
 petitioner in first instance 
 
 56. Owner of charge need not be 
 served . . . .127, 
 
 67. Company not liable to pay 
 costs of unsuccessful invest- 
 ment 
 
 58. As to exception about litigation 
 costs 
 
 59. As to costs of apportionment . 128 
 
 60. Costs of conveyance not to be 
 paid by company . . .128 
 
 123 
 
 . 123 
 
 123 
 
 124 
 
 124 
 
 124 
 
 125 
 
 125 
 
 125 
 
 125 
 
 . 126 
 
 126 
 
 126 
 
 127 
 127 
 127 
 
 128 
 
 128 
 128 
 
TABLE OF CONTENTS. 
 
 XV 
 
 61. Costs of several investments 
 allowed 
 
 62. Costs of power of attorney 
 allowed 
 
 63. Costs of paying off incum- 
 brance on the land not al- 
 lowed 
 
 64. Service on vendor not neces- 
 sary under the circumstances . 
 
 65. As to mortgagee's costs 
 
 66. Costs of inquiry allowed where 
 infent or married woman inte- 
 rested ...... 
 
 67. Where infant heir or devise in 
 strict settlement, costs of vest- 
 ing order or conveyance must 
 
 be paid out of purchase-money 130 
 
 68. "Wneremgneyinvestedinlands 
 sold in suit, company must 
 pay costs of second petition 
 
 69. Company must pay costs of 
 payment out of money invested 
 pending disputed question 
 
 70. Costs refused under the cir- 
 cumstances . . ... 
 
 71 . Costs out of fond where invest- 
 ment for benefit of a Bishop . 
 
 72. Company not liable to pay fine 
 on admission to copyholds, 
 
 130, 
 
 73. Sum ordered to be applied in 
 improvement of schools 
 
 74. Land incumbered, how costs to 
 be paid 
 
 75. Company not bound to pay 
 costs of conveyance from in- 
 fant 
 
 76. Where title depends on ques- 
 tion of construction, only one 
 set of costs . . . 131, 
 
 77. "Where vendor unable to con- 
 vey, that is not a wilful re- 
 fu.sal 
 
 78. No jurisdiction to order inte- 
 rest on purchase-money 
 
 79. Redemption of land-tax a re- 
 investment .... 
 
 80. Where land part of charity 
 estate ..... 
 
 81. Money may be applied in dis- 
 charge of incumbrance on cor- 
 poration lands 
 
 82. Money applied in payment of 
 expenses of inclosure 
 
 83. Purchase-money of leaseholds 
 reinvested in reversion of other 
 leaseholds 
 
 84. Money paid to tenant for life 
 on undertaking to build cot- 
 tages . 
 
 128 
 129 
 
 129 
 
 129 
 
 129 
 
 129 
 
 130 
 
 130 
 
 130 
 130 
 
 131 
 
 . 131 
 
 . 131 
 
 131 
 
 132 
 
 132 
 132 
 
 132 
 
 132 
 
 132 
 133 
 
 133 
 
 . 133 
 
 PAGE 
 
 85. Money applied in payment of 
 expenses incurred under 
 Metropolitan Buildings' Act 133 
 
 86. Payment of aliquot share may 
 be obtained without notice to 
 other parties . . ^.133 
 
 87. Income will be paid to tenant 
 for life in possession without 
 service on mortgagees . . 134 
 
 88. Where successive tenants for 
 life _ 134 
 
 89. Application for payment of. 
 fiindcannot be made at Cham- 
 bers . ... . .134 
 
 90. As to applications for invest- 
 ment in stock . . . 134 
 
 91. Dividends ordered to be paid 
 to the archbishop for the time 
 being .... 134, 135 
 
 92. On lease by a dean, dividends 
 directed to be accumulated . 135 
 
 93. A smaU sum will be paid to 
 tenant for life . . . 135 
 
 94. A qiut-rent is an incumbrance 135 
 
 95. Money cannot be reinvested 
 
 in leasehold property . . 135 
 
 96. Purchase-moneypaid to tenant 
 
 in tail ordered to be reinvested 135 
 
 97. In the case of a corporation 
 the freemen should be re- 
 presented . . . 135, 136 
 
 98. Court will not examine into 
 title of tenant in possession . 136 
 
 99. Position of company anala- 
 gous to that of trustee . . 136 
 
 100. Dividends of charity ordered 
 to be paid to rector for the 
 time being .... 136 
 
 101. Dividends paid to vicar, &c., 
 
 for the time being , . 136 
 
 102. Dividends paid to any two of 
 the trustees for the time 
 being . . . .136, 137 
 
 103. Surplus less than 20Z. win be 
 paid to tenant for life . . 137 
 
 104. Costs of arbitration will be 
 paid out of purchase-money . 137 
 
 105. Sum ordered to be paid to 
 rector for his own use . .137 
 
 106. Course pursued on purchase 
 of reversionary interest from 
 dean and chapter . .137 
 
 107. How corpus applied in case 
 
 of renewable leasehold . 137, 138 
 
 108. When land taken is in lease 
 subject to renewal . . 138 
 
 109. Where contract by committee 
 
 of lunatic's estate . . 138 
 
 110. As to payment of costs where 
 suit instituted . . . 138 
 
XVI 
 
 TABLE OF CONTENTS. 
 
 111. Where money' produce of 
 lands held hy archbishop . 138 
 
 112. As to powers of vicar over 
 purchase-money ... .139 
 
 113. Eailway company bound to 
 pay costs of parties to suit . 139 
 
 114. Costs of half-yearly sales of 
 stock payable by company . 139 
 
 115. And costs of new incumbent 139 
 
 116. Parties appearing in separate 
 sets are to have their costs, 
 
 139,. 140 
 
 117. Where petition presented in 
 the matter of the' Act and in 
 
 a cause .... 140 
 
 118. Costs of purchaser from 
 tenant for fife will not be 
 allowed . . . . 140 
 
 119. Where price of land more 
 than money in court . .140 
 
 120. As to costs of interim invest- 
 ment .... 140, 141 
 
 121. As to costs of trustees . . 141 
 
 122. Costs of mortgagees on laud 
 purchased will not be al- 
 lowed 141 
 
 123. Costs of incumbrancers and 
 
 of a receiver allowed . .141 
 
 124. Presence of cestuis que trust 
 dispensed with . . .141 
 
 125. Vendor should not be served 142 
 
 126. Where proceedings consoli- 
 dated, how costs paid . .142 
 
 127. In what cases costs governed 
 
 by old Act . . . .142 
 
 128. How costs apportioned under 
 the circumstances . . 142 
 
 PASE 
 
 129. Jurisdiction as to costs in the 
 case of old Acts . . 142, 143 
 
 130. Purchaser wiUflot-be allowed 
 costs of two counsel . .143 
 
 131. Costs of two petitions by two 
 co-heirs allowed . . . 143 
 
 132. Costs incurred before con- 
 veyancing counsel taxable . 148 
 
 133. Costs of inadequate purchase 
 payable out of fund . . 143 
 
 134. Each party under the circum- 
 stances was left to pay his 
 own costs .... 144 
 
 135. Costs of title and conveyance 
 not payable by company , 144 
 
 136. Costs of petition for person 
 to convey payable by com- 
 pany under the circum- 
 stances , . . .144 
 
 137. Sum deposited in court not 
 subject to any Hen for costs 
 
 of vendor .... 144 
 
 138. Paid out to secretary without 
 verification of seal . . 144 
 
 139. Where party entitled devises 
 land in strict settlement . 145 
 
 140. Substitution of new for old 
 farm-buildings . . . 145 
 
 141. Costs payable by Commis- 
 sioners of Works . . 145 
 
 142. Petitioner must make affi- 
 davit verifying his title 145, 146 
 
 143. Course of proceedings sub- 
 sequent to order for invest- 
 ment in land . . 146, 147 
 
 144. Observations as to sections 
 in special Acts with reference 
 
 to costs .... 147 
 
 CHAPTER IX. 
 
 THE TETTSTBES' BELIEF ACTS (10 & 11 VICT. 0. 96, and 12 & 13 VICT. C. 74). 
 
 Section I. 
 
 Statemewt of the Provisions of the Acts, 
 
 cmd of the orders made thereon. 
 
 Section IT. 
 
 The payment or transfer of Trust funds 
 
 into Court. 
 
 Section III. 
 
 The. payment or tranter of Trust fvmds 
 out of Oowrt. 
 
 Section IV. 
 Costs of Proceedings under these Acts. 
 
 Section I. 
 Statement of the Provisions of the Acts, and of the orders made (hereon. 
 
 1. Objeotof Trustee Relief Act . 149 
 
 2. Objections against obtaining 
 relief by bill. . . .149 
 
 3. Statement of Act . . 149, 150 
 
 Court empowered to make 
 orders on petition . . . 150 
 On whom petition must be 
 served .... 160, 151 
 
TABLE OF CONTENTS. 
 
 XVll 
 
 6. Suit may be directed to be in- 
 stituted .... 151 
 
 7. Statement of -Trustee Amend- 
 ment Act .... 151 
 
 S. Effect of order . . 151, 152 
 9. Afadavit must be filed by 
 trustee, — particulars of which 
 it should consist . . .162 
 
 10. Accountant- General to give 
 necessary directions . 152, 153 
 
 11. Accouutant-General to invest 
 unless contrary statement . 153 
 
 12. Trustee to give notice to per- 
 sons named in affidavit . 153, 154 
 
 13. Persons interested may apply 
 
 by petition .... 154 
 
 14. Trustee must be served with 
 notice of application . .154 
 
 15. If application made by trustee, 
 parties interested must be 
 served . . . . : 154 
 
 16. Petitioner must name place 
 where he can be served with 
 notice of proceedings . . 154 
 
 17. Where fund does not exceed 
 3002. cash or stock applica- 
 tions must be made at 
 Chambers . . . 154 
 
 18. Where arrears of interest more 
 thanSOOZ 154 
 
 19. To whom petition should be 
 presented • . . 154, 155 
 
 20. How petition and affidavit 
 should be headed . . .155 
 
 21. Applications cannot be made 
 
 by motion . . . . 155 
 
 22. Order cannot be made on fur- 
 ther directions without peti- 
 tion 156 
 
 23. Application for maintenance 
 should be made by petition . 155 
 
 24. Applications under these Acts 
 should originate by petition 
 
 155, 156 
 
 25. Prayer of petition should 
 specify exact order required . 156 
 
 26. No power to serve petition on 
 parties out of jurisdiction . 156 
 
 27. Doubtful whether a miestion 
 
 of election can be decided . 156 
 
 28. Person making affidavit may 
 
 be cross-examined . .156 
 
 29. Claimant may proceed im 
 formd pauperis . . . 156 
 
 Section II. 
 The Payment or Tramsfer of Trust Fvmds into Oowrt, 
 
 1. Statute does not extend to 
 foreign funds . . . 157 
 
 2. H'or to shares in public com- 
 panies 157 
 
 3. Affidavit must be made by all 
 the trustees except under ex- 
 ceptional circumstances . 157 
 
 4. Surviving trustees may trans- 
 fer fund mto court . . 158 
 
 5. Material parts of affidavit 
 should be stated in petition . 158 
 
 6. Fund should be transfeired 
 
 to separate account . 168, 159 
 
 7. Otherwise administration of 
 trusts of will may be necessary 159 
 
 8. Shares of trust fund should be 
 paid in to separate accounts 
 
 159, 160 
 
 9. General jurisdiction gone as 
 to money paid or transferred 
 into court .... 160 
 
 10. Cestui qvs trust Ta3,y, however, 
 file a bill to have rights 
 declared . . . .160 
 
 11. Trustee may pay in money 
 where charging order made 
 absolute . . . 160, 161 
 
 12. Where trustee cannot be 
 found, service may be effected 
 
 at address in affidavit . .161 
 
 13. Estate purchased subject to 
 charge, amount cannot be 
 paid into court . . . 161 
 
 14. No order necessary for pay- 
 ment into court , . .161 
 
 15. Trustees on paying in fund 
 thereby give up trusteeship . 161 
 
 16. Payment into court does not 
 discharge breach of trust 161, 162 
 
 17. Where notice of biU before 
 payment into court, trustees 
 refused their costs . . 162 
 
 18. Costs ordered to be paid by 
 trustees under the circum- 
 stances .... 162 
 
 19. Fund must be lodged to credit 
 
 of particular trust . .162 
 
 20. Trustees may when they 
 please pay a fund into court 162 
 
 21. Where surviving trustee of 
 stock an infant, fund ordered 
 
 to be paid into court . . 162 
 
 22. Executor justified in^ paying 
 
XVUl 
 
 TABLE OP CONTENTS. 
 
 m fand belonging to married 
 woman abroad . . 162, 163 
 
 23. Also where eonfliatijig claim 
 between insolvent and tmateeg 168 
 
 24. Payment into court is not, 
 under Cbaritable Trusts' Act, 
 "a stiit or matter actually 
 pending" .... 163 
 
 25. Fund will be ordered to be 
 carried to separate account . 163 
 
 26. "Where power to sell but not 
 to give receipts, purchase- 
 money may be paid into court 
 
 163, 164 
 
 27. Surplus proceeds of mortgaged 
 property may be paid into 
 court 164 
 
 28. Where trustees have discre- 
 tionary power over fund . 164 
 
 29. Assignee should obtain stop 
 order ..... 164 
 
 30. Notice should be given to such 
 of the cestuis que trust as are 
 known of ... . 164 
 
 31. Trustee discharged by pay- 
 ment into court . . 164, 165 
 
 32. Trustees justified in not pay- 
 ing in money . . . 165 
 
 Section III. 
 
 The Paymmt or Trmisfer of Trust Fimds out of Court. 
 
 1. Where petition by some of 
 the parties entitled, prayer 
 should be that other shares 
 should be carried to separate 
 account .... 166 
 
 2. Where parties numerous ser- 
 vice on all may be dispensed 
 with ..... 166 
 
 3. On petition for transfer to 
 matter of lunacy, service on 
 trustees is not necessary . 166 
 
 4. Eepresentatives of deceased . 
 trustee need not be served 166, 167 
 
 6. Trustees themselves should 
 not present petition . . 167 
 
 6. Unless necessary for purpose 
 
 of dealing with another fimd . 167 
 
 7. Statements of afBldavit should 
 
 be set out in petition . . 167 
 
 8. Court may set aside deed on a 
 petition under these Acts . 167 
 
 9. Matter may be decided as if 
 
 on bill . . . . 167, 168 
 
 10. Sum directed to be paid out 
 to executors on discovery of 
 debts and liabilities . . 168 
 
 11. Cestwis que trust not to bear 
 costs of inquiries . . . 168 
 
 12. Effect of Act is to place Court 
 
 in position of trustees . 168, 169 
 
 13. Court inay deal with adverse 
 interests .... 169 
 
 14. Assignees of bankrupt hus- 
 band directed to be served 
 under the circumstances . 169 
 
 15. Accruing instalments directed 
 
 to be paid to petitioners 169, 170 
 
 16. Where several matters of 
 relief biU may be very properly 
 filed . . . . : 170 
 
 17. Fund paid in to account of 
 
 deceased person, legal personal 
 representative must be served 170 
 
 18. Where settlement prepared 
 but not executed, trustees jus- 
 tified in paying money into 
 court 170 
 
 19. Party having remote interest 
 cannot insist on fund remain- 
 ing in Court . . . 170, 171 
 
 20. Payment may be directed to 
 parties not petitioners . . 171 
 
 21. Court will not direct bill from 
 mere facility of proof . . 171 
 
 22. Application for maintenance 
 of person of unsound mind 
 must be made to Lord Chan- 
 cellor 171 
 
 23. Dividends directed to be paid 
 to feither of person of unsound 
 mind 171 
 
 24. Fund belonging to lunatic 
 directed to be invested in 
 government annuity . .171 
 
 25. Infant made ward of court on 
 order for payment of part of 
 dividends for her maintenance 
 
 171, 172 
 
 26. A prospective order will be 
 made ..... 172 
 
 27. As to " matter actually pend- 
 ing" 172 
 
 28. On written request from 
 claimants abroad drawing up 
 
 of order Will be postponed . 172 
 
 29. Payment out cannot be re- 
 sisted on ground of bill about 
 
 to be filed . ... .172 
 
 30. Course pursued where fund 
 paidi in to general account 172, 173 
 
 31. Where claim made by party 
 adverse to settlement . . 173 
 
TABLE OF CONTENTS. 
 
 XIX 
 
 PAGE 
 
 32. Petition allowed to be 
 amended by inserting decla- 
 ration of rights . . . 173 
 
 33. Notice to husband dispensed 
 with under the circumstances 
 
 173, 174 
 
 34. Persons entitled to other 
 shares need not be served . 174 
 
 35. Where successive tenants for 
 life 174 
 
 36. Fund may be dealt with as in 
 adiniaistration suit . ' . 174 
 
 37. Guardian ad litem to infant 
 must be appointed . . 174 
 
 38. Accountant-General's certifi- 
 cate should be in court . . 174 
 
 Section IV. 
 Costs of Proceedings u/nder these Acts. 
 
 1. Trustee or executor ser^d en- 
 titled to costs of appearing . 175 
 
 2. Where it plainly appears who 
 are entitled, trustees, though 
 served, should not appear . 176 
 
 3. Circumstance that advice of 
 counsel taken important . 176 
 
 4. Where petition not served on 
 those in remainder costs not 
 paid out of capital . . 176 
 
 5. Costs of second petition not 
 aUowed . . . 176, 177 
 
 6. Where conduct of trustees 
 oppressive, they must pay the 
 costs 177 
 
 7. On petition by tenant for life 
 for payment of dividends costs 
 will be paid out of corpus . 177 
 
 8. But when for benefit of tenant 
 
 for life out of dividends . 177 
 
 9. Costs occasioned by act of any 
 
 of the parties not allowed . 177 
 
 10. On payment into court by 
 executors, their costs directed 
 to come out of the residue ; 
 but costs of other parties out 
 offimd . . . 177, 178 
 
 11. Costs out of particular fund 
 where difficulty solely relates 
 thereto • . . . .178 
 
 12. Where probability of question 
 being raised trustees allowed 
 their costs .... 178 
 
 13. Service on trustee only, suffi- 
 cient under the circumstances 178 
 
 14. Parties who claim no interest 
 ought not to appear . .179 
 
 15. Copyhold commissioners en- 
 titled to costs of appearance . 179 
 
 16. Costs of incumbrancers not 
 aUowed under the circum- 
 stances 179 
 
 17. Costs of person who gave 
 notice of claim not allowed . 179 
 
 18. Costs of obtaining payment of 
 a^hare in a legacy wUl not be 
 thrown on the others . 179, 180 
 
 19. Costs of copies of affidavits 
 taken by trustees will not be 
 allowed .... ISO 
 
 20. Costs of payment out of par- 
 ticular legacy will not be 
 thrown on general residuary 
 estate 180 
 
 21. Lapsed shares directed to 
 bear costs of petitioners and 
 respondents . . . .180 
 
 22. Trustees bound to make 
 inquiries as to parties entitled 180 
 
 23. As to vexatious payment into 
 court 180 
 
 24. Where suit instituted instead 
 
 of payment into court . 180, 181 
 
 25. Where trustee paid fund into 
 court because other trustees 
 declined to give release . . 181 
 
 26. Where trust fund paid in 
 because new trustee objected 
 
 to 181 
 
 27. Costs tmder the circumstances 
 out of the residue . . 181 
 
 28. Costs of paying in included in 
 order for taxation . . . 181 
 
 h 2 
 
TABLE OF CONTENTS. 
 CHAPTER X. 
 
 THE PEACTICE OF SPECIil, CASES (SIB GEOESE TXTENBR'S ACT, 
 
 13 & 14TICT., 0. 35). 
 
 PAGE 
 
 1. Object of Act . . .183 
 
 2. Special case may be stated for 
 opinion of Court . . . 183 
 
 3. Committee may concur on 
 behalf of lunatic . . 183, 184 
 
 i. As to concurrence of husband . 
 and wife .... 184 
 
 5. Guardian may concur on be- 
 half of infant 
 
 6. Special guardian of limatio or 
 infant may be appointed 
 
 7. Order appointing special 
 guardian may be discharged, 
 when . . . . 184, 
 
 8. But not to invalidate mesne 
 Acts ■ . . . -, 
 
 9. How special case must be in- 
 tituled 
 
 10. What special case must con- 
 tain . ' . 
 
 11. Constitution of guardian must 
 be stated . . .186, 
 
 12. Must be signed by counsel . 
 
 13. As to office copies 
 
 14. As to jurisdiction under spe- 
 cial cases ■ . 
 
 15. As to setting down special case 
 for hearing . 
 
 16. Where leave to set down case 
 necessary . . , 186, 
 
 17. Court may make inquiries 
 before giving leave 
 
 18. Court may- "determine ques- 
 tions without granting relief 
 
 187, 188 
 
 19. Court if it think fit may re- 
 fase to decide questions . 188 
 
 20. Payment made or act done in 
 pursuance of declaration valid 188 
 
 21. As to rehearing or appeal . 188 
 
 22. Special case may be made lis 
 pendens . . . 188, 189 
 
 23. Documents referred to may 
 be produced and read 
 
 24. As to rehearing, appeal, or 
 review 
 
 25. Practice same as with refer- 
 ence to bills .... 
 
 26. Special case only proper in 
 cases of doubtful construction 
 
 27. Where facts complicated spe- 
 cial case not convenient 
 
 28. Parties bound to make full 
 statements of facts . .190 
 
 184 
 184 
 
 186 
 
 185 
 
 185 
 
 186 
 
 186 
 186 
 186 
 
 . 186 
 
 186 
 
 187 
 187 
 
 189 
 189 
 189 
 189 
 190 
 
 PAGE 
 
 29. By whom special case usually 
 drawn 190 
 
 30. Signature of counsel to draft 
 sufficient .... 190 
 
 31. Same counsel may sign for 
 some of defendants . . 190 
 
 32. 33. AU persons interested must 
 
 be made parties . . . 190 
 
 34. As to appointment of guardian 
 
 ad litem .... 191 
 
 35. AppUcatiou on behalf of infant 191 
 
 36. Affidavit in support . . 191 
 
 37. Application for guardian to 
 an infant should oe made in 
 court ..... 191 
 
 38. Where father a party no special 
 guardian necessary . • . 191 
 
 39. 40. How special case to be set 
 
 down . . . . 191, 192 
 
 41. As to the hearing of a special 
 case 192 
 
 42. Parties may be added by way 
 
 of amendment . . . 192 
 
 43. Special case may be set down 
 before Court of Appeal . 192 
 
 44. Infent must have separate 
 counsel .... 192 
 
 45. Where on appeal special case 
 not considered in proper form 192 
 
 46. Court not bound to answer 
 every question . . . 192 
 
 47. No power to make binding 
 declarations of future rights . 193 
 
 48. Preface in order of fact not 
 stated in special case . . 193 
 
 49. All the facts must be stated 
 and not inferences drawn . 193 
 
 50. Court will not decide interests 
 
 of persons not parties . . 193 
 
 51. Interests of persons entitled in 
 reversion will only be declared 
 where necessary . . . 194 
 
 52. Amending special case on 
 birth of tenant in tail . . 194 
 
 63. Where creditor named as 
 
 plaintiff . . . 194, 195 
 54, 65, 56, 67, 58. As to costs of 
 
 special cases .... 195 
 69. Better to make costs matter 
 
 of arrangement . . .196 
 60. Where lower or higher scale 
 
 of costs allowed . . . 196 
 
TABLE OF CONTENTS. 
 
 CHAPTER XI. 
 
 THE lETJSIEE ACTS (THE TRUSTEE ACT, 1850, 13 & 14 VICT., 0. 60 J 
 AlfD THE TBXJSTEB EXTENSION ACT, 15 & 16 VICT., C. 55). 
 
 Section I. 
 The Interpretation Ch/use. 
 
 Section II. 
 
 Trustees and Mortgagees lunatic or of 
 
 unsound mind. 
 
 Section III. 
 Infant Trustees and Mortgagees. 
 
 Section IV. . 
 Trustees Generally. 
 
 Section V. 
 
 Section VI. 
 Appointment of new Trustees. 
 
 Section VII. 
 The Petition and th£ Proceedings 
 
 Section VIII. 
 Costs of Proceedings wider these Acts. 
 
 2. 
 3. 
 
 4. 
 5. 
 
 6. 
 
 7. 
 
 Interpretation clause im- 
 portant . . . . 
 Definition of the word "lands" 
 "Stock" . . . . 
 Shares in sMps " stock " 
 Definition of the word "sei- 
 
 Sbction I. 
 Th£ Interpretation Clause 
 
 PAQG 
 
 ' Contingent right " 
 
 197 
 198 
 198 
 198 
 
 198 
 198 
 198 
 
 8. 
 
 9. 
 
 10. 
 11. 
 12. 
 13. 
 14. 
 15. 
 
 " Convey 
 ance " . 
 
 PAQE 
 
 ' and ' ' convey- 
 . . . 198, 199 
 
 ,3- and "assignment" 199 
 
 "Transfer" . . ,199 
 
 "Trust" . . . .199 
 "Lunatic" . . . 199, 200 
 " Person of unsound mind " . 200 
 "Devisee" .... 200 
 . 200 
 
 Section II. 
 Trustees and Mortgagees limatic or ofv/nsov/nd Mind, 
 
 4. 
 
 5. 
 
 6. 
 
 Lands and contingent rights 
 vested in lunatic trustees or 
 mortgagees . . . 200, 201 
 Stock and choses in action . 201 
 Stock and choses in action 
 standing in name of deceased 
 person .... 201, 202 
 Money belonging to person of 
 unsound mind may be paid 
 into court 
 
 No concurrent jurisdiction as 
 to lands in Ireland 
 Lord Chancellor sitting in 
 lunacy may appoint new trus- 
 tees 
 
 Lords Justices may exercise 
 
 202 
 
 202 
 
 202 
 
 same powers as Lord Chan- 
 cellor .... 202, 203 
 
 8. Where fact of lunacy contested 203 
 
 9. Where trustee or mortgagee of 
 unsound mind though not 
 found such .... 203 
 
 10. Where actual legal estate out- 
 standing .... 203 
 
 11. Eeal estate conveyed upon 
 trust, personal representative 
 entitled to vesting order . 203 
 
 12. Where heir of surviving trus- 
 tee of unsound mind . 203, 204 
 
 13. Order made for conveyance by 
 committee on decree for parti- 
 tion 204 
 
xxa 
 
 TABLE OF CONTENTS. 
 
 Section III. 
 Infcmi Trustees and Mortgagees. 
 
 10. 
 
 2. 
 3. 
 
 4. 
 6. 
 6. 
 7. 
 
 8. 
 
 9. 
 
 10. 
 11. 
 
 12. 
 13. 
 
 14. 
 
 15. 
 
 16. 
 
 17. 
 
 18. 
 
 19. 
 20. 
 21. 
 
 FAGB 
 
 Infant seised orpossessed of any 
 lands as trustee or mortgagee. 205 
 Entitled to any coniMigent 
 riglit . . , . .205 
 Solely or jointly entitled to 
 any stock upon amy trust . 206 
 Money belonging to an infant 
 niay be paid into court . 205, 206 
 Person appointed trustee in 
 place of infant deyisee . . 206 
 Where question to be decided 206 
 As to infant tenant in tail . 206 
 Where infant heir declared 
 trustee for pnrchaser . . 206 
 Where equity of redemption 
 devised to an infant no order 
 made .... 206, 207 
 Appointment of guardian and 
 
 PAGE 
 
 vesting right to reeeire divir 
 dends in him . . . 207 
 
 11. No day to show cause now 
 giyen to an infant . . 207 
 
 12. Consideration of conveyances 
 reserved .... 207 
 
 13. Legal estate vested in devisees 
 
 of mortgagor subject to legacy 207 
 
 14. Infant held to be trustee of 
 stock under the circumstances 207 
 
 15. Where lunatic an infant 207, 208 
 
 16. As to infant sole trustee out 
 
 of jrarisdicKon . . . 208 
 
 17. Where no express declaration 
 of trust, infant held to be 
 trastee .... 208 
 
 18. As to infant heir of vendor . 208 
 
 Section IV. 
 Trustees Generally. 
 
 As to trustee solely seised of 
 
 lands 210 
 
 Jointly seised . . . 210 
 Trustee solely entitled to con- 
 tingeiit right •; . .210 
 Jointly entitled . . .210 
 TJneertainty as to survivorship 211 
 Wiietlier living or dead . .211 
 Intestate without heir or de- 
 visee 211 
 
 Preceding enactment does not 
 apply to leaseholds . . 211 
 Contingent right in unborn 
 person .... 211, 212 
 As to trustee of lands refusing 212 
 Where jointly or solely en- 
 titled to stock or chose in 
 
 action 212, 213 
 
 As to arrears of dividends . 213 
 As to sole trustee of stock or 
 chose in action refusing . 213 
 
 One of several trustees re- 
 fasing .... 213, 214 
 Stock standing in name of 
 deceased person , 
 Trustee of stock or chose in 
 action refusing 
 
 Personal representative of de- 
 ceased person refusing . '214, 
 Where sale directed for pay- 
 ment of debts 
 Or for any other purpose 
 Who should apply for order . 
 Where decree for speciEc per- 
 formance, &c. . , . 216 
 
 214 
 
 214 
 
 215 
 
 215 
 215 
 216 
 
 24. 
 
 25. 
 26. 
 
 27. 
 
 28. 
 
 29. 
 30. 
 
 31. 
 
 32. 
 
 33. 
 
 34. 
 
 35. 
 36. 
 
 37. 
 38. 
 
 Person may be appointed to 
 convey, &c., if more convenient 217 
 Directions may be given as to 
 stock amd ohoses in action . 217 
 Order nnder Act may be made ' 
 in any cause or matter . 217, 218 
 As to trustees of charities . 218 
 Where trustees disclaimed, 
 and heir could not be found . 218 
 Where one of two trustees out 
 of jurisdiction . . .218 
 Vesting order may be made 
 where purpose not for pay- 
 ment of debts _ . . . 218 
 Interest of coheir of mortgagee 218 
 Person appointed to execute 
 in place of donee of power . 219 
 Vesting order may be made to 
 dower uses .... 219 
 Where land of copyhold tenure 
 course to be pursued . . 219 
 As to extinct corporation 219, 220 
 Where uncertainty as to re- 
 maining trustee being Hving 
 or dead .... 220 
 
 Meaning of words " sole 
 tmstee" .... 220 
 Where real estate the subject 
 of contract, constructive trust 
 must be declared by decree . 220 
 But in other cases Court may 
 act on petition . . . 220 
 Where constructive trust in- 
 volves any special difficulty, 
 suit wiU be directed . .221 
 
TABLE OP CONTENTS. 
 
 XXIU 
 
 FAQE 
 
 89. Order may be made in cause 221 
 10. Order made in a foreclosure suit 
 as to mortgagee being trustee . 221 
 
 41. Vesting order should only be 
 made wbere conveyance incon- 
 venient .... 221 
 
 42. Who is a person absolutely 
 entitled to stock . - . 221, 222 
 
 43. Or to dividends . . .222 
 
 44. Infants not constructive trus- 
 tees under the circumstances . 222 
 
 45. Vendor a trustee after tender 
 
 of conveyance . . . 222 
 
 46. Person appointed to convey to 
 trustees under scheme . , 222 
 
 47. Petition for vesting order by 
 purchaser . . . 222, 223 
 
 48. Mortgagor of leasehold, for aU 
 except last day, not a trustee 223 
 
 49. Estate directed to vest in exe- 
 cutors under the circumstances 223 
 
 50. Where two executors one must 
 disclaim before vesting order 
 made 223 
 
 51. Trustee appointed to convey 
 in place of infant under the 
 circumstances . . , 223 
 
 62. Person directed to convey 
 
 without consent of annuitant . 223 
 
 53. Proper course to pursue where 
 tenant in taU trustee . 223, 224 
 
 54. 
 
 55. 
 
 56. 
 
 57. 
 58. 
 
 59. 
 
 60. 
 
 61. 
 
 62. 
 
 63. 
 
 64. 
 
 65. 
 
 66. 
 
 67. 
 68. 
 
 FAQE 
 
 Trustee must be permanently 
 out of jurisdiction 
 Husband of executrix within 
 Act ... . 
 Court will not vest chose in 
 action in cestui que trust only . 
 And so as to shares in a bank 
 Debtor held to be constructive 
 trustee of shares . . 224, 225 
 Court wiU vest right to receive 
 future dividends . 
 Act does not extend to foreign 
 probate 
 
 Ko jurisdiction where no per- 
 sonal representative 
 But Act applies though exe- 
 cutor has not proved . 225, 226 
 Land sold in lots, plaintiff's 
 solicitor ordered to convey . 226 
 Vesting order made of lands 
 in Canada . . . " . 226 
 Infant tenant in tail not a 
 trustee under the circum- 
 
 224 
 
 224 
 
 224 
 224 
 
 225 
 225 
 225 
 
 Covenant to surrender copy- 
 holds, person appointed to 
 convey ..... 226 
 Course pursued on partition 
 to save expense . . 226, 227 
 Case of illegitimate testator . 227 
 
 Section V. 
 
 1. Provisions of the Act as to 
 lands vested in mortgagees 
 
 227, 228 
 
 2. Meaning of term "reconvey- 
 ance" 228 
 
 3. Court will vest hereditaments 
 in executors of deceased mort- 
 gagee .... 228, 229 
 
 4. Illegitimate mortgagee, legal 
 estate vested in purchaser . 229 
 
 5. Some of cestuis que trust may 
 represent the rest . 
 
 6. Vesting order of mortgaged 
 premises will be made to uses 
 to bar dower 
 
 7. Meaningofdefinitions "merely 
 ' a security for money" or 
 
 "mortgage" 
 
 8. Mortgaged estate will not be 
 vested iu administrator of 
 mortgagee . . . • 230 
 
 229 
 
 . 229 
 
 230 
 
 Section VI. 
 Appomtment of New Trustees. 
 
 1. Court may appoint new trus- 
 tees 232 
 
 2. On appoiatment of new trus- ' 
 tees Court may make vesting 
 order .... 232, 233 
 
 3. Court may appoint trustee in 
 
 Xlace of convicted felon . 233 
 ppointment of new trustee, 
 
 how far to operate as a dis- 
 charge .... 233 
 
 5. Old trustees and cestuis que 
 trust must appear . . . 233 
 
 6. New trustees must testify their 
 consent to act . . 233, 234 
 
 7. Court wiU appoint trustees as 
 well as make vestiug order . 234 
 
XXIV 
 
 TABLE OF CONTENTS. 
 
 234 
 
 234 
 
 234 
 
 235 
 235 
 
 235 
 
 235 
 
 235 
 236 
 
 236 
 
 FAQE 
 
 8. Power to appoint new trustees 
 should only be resorted to in 
 cases of difficulty . 
 
 9. Two new trustees will be 
 appointed in place of one old 
 trustee .... 
 
 10. But one trustee only will not 
 be appointed in place of more 
 than one originally 
 
 11. Trust fund will not be placed 
 in power of sole trustee 
 
 12. Trustees represent their cestois 
 que trrust .... 
 
 13. Disclaiming trustees are " ex- 
 isting trustees " . 
 
 14. Where one of several trustees 
 out of jurisdiction, and others 
 
 to continue, vesting order made 235 
 
 15. Where a party has a power to 
 appoint, but refuses, no order 
 made 
 
 16. Court win not remove a trus- 
 tee willing to act . 
 
 17. As to form of vesting order . 
 
 18. Court win appoint new tms- 
 tees of a deed, the validity of 
 which is disputed . 
 
 19. Trustee appointed in place of 
 infanthavingbeneficialinterest 236 
 
 20. Conrt will not appoint new 
 trustee in place of trustee tem- 
 porarily out of jurisdiction 236, 237 
 
 21. Trustee going out of jurisdic- 
 tion, application to Court pro- 
 per under the circumstances 
 
 22. Where donees in India ap- 
 pointed two trustees instead 
 of three. Court appointed re- 
 maining trustee 
 
 23. Where trustee desires to be 
 discharged . 
 
 24. As to appointment in place of 
 retiring trustee 
 
 25. Two trustees appointed in ad- 
 dition to two existing trustees 237 
 
 26. " Person absolutely entitled " 
 to stock under the circum- 
 stances .... 237, 238 
 
 27. Trustee domiciled in New ^ 
 York held "incapable of 
 acting" . . ; ■ .238 
 
 28. Foreigners will not be ap- 
 pointed trustees of a trust fund 238 
 
 29. Trustee appointed in place of 
 infant 238 
 
 30. One trustee appointed in place 
 
 of lunatic trustee . . . 238 
 
 31. Cistwl que trust will be ap- 
 
 237 
 
 237 
 237 
 
 237 
 
 fAGE 
 
 pointed trustee under special 
 circumstances . . 238, 239 
 
 32. Master of the RoUs wiU not 
 appoint near relative trustee . 239 
 
 33. But this rule not followed by 
 the other Judges . . . 239 
 
 34. Property should be mentioned 
 in vesting order generally, and 
 not parcel by parcel . . 239 
 
 35. Trustee may disclaim by deed 
 
 or by counsel at the bar . 239 
 
 36. Vesting order of leaseholds 
 made in absence of owner of 
 reversion .... 239 
 
 37. Petition of tenant for life must 
 
 be served on remainderman 239, 240 
 
 38. Bankrupt trustee ordered to 
 
 be removed .... 240 
 
 39. Where no English representa- 
 tive of trustee of stock . . 240 
 
 40. Leaseholds vested in old and 
 new trustees as joint tenants . 240 
 
 41. New trustee appointed where 
 difficulty in obtaining limited 
 administration . . . 240 
 
 42. As to new trustee of copyholds 240 
 
 43. Order made on one petition 
 where retiring and lunatic 
 tmstee .... 240, 241 
 
 44. As to jurisdiction of Court of 
 Lancaster ..... 241 
 
 45. Where no existing trustee . 241 
 
 46. Appointment made though 
 power in will . . . 241 
 
 47. Where land situate in Ire- 
 land 241 
 
 48. Where no legal personal repre- 
 sentative . . . .241 
 
 49. Trustee appointed under pe- 
 tition in lunacy and chancery 241 
 
 60. No order will be made for re- 
 transfer of stock . . . 242 
 
 51. Where portion only of stock 
 belongs to trust . . . 242 
 
 52. Where one of the old trustees 
 refuses to transfer . . 242 
 
 53. As to bankrupt trustees 242, 243 
 
 54. As to intituling of banlcrupt 
 petition .... 243 
 
 55. Annuitants should be peti- 
 tioners . 
 
 56. Mortgagor not 
 party . 
 
 57. 58, 59. As to circumstances 
 under which trustee will be 
 appointed in place of bank- 
 rupt .... 243, 244 
 
 60. Powers conferred by the Lu- 
 nacy Regulation Act, 1853 . 244 
 
 necessary 
 
 243 
 243 
 
TABLE OF CONTENTS. 
 
 XXV 
 
 Section VII. 
 The Petition and the Proceedings {hereupon. 
 
 1. On ■«?liose application order 
 may be made . . 245, 246 
 
 2. AppKcation for order to be 
 made by petition . . . 246 
 
 3. Inquiry may be made at 
 chambers .... 246 
 
 4. Eifect to be given to order 246, 247 
 
 5. Effect of vesting legal right to 
 sue for chose in action . . 247 
 
 6. Declarations and directions 
 may be made and given con- 
 cerning stock or chose in 
 action ...... 247 
 
 7. Effect of order as to copy- 
 holds .... 247, 248 
 
 8. Order to operate as a com- 
 plete indemnity . . . 248 
 
 9. As to allegations of petition . 248 
 
 10. Court may direct re-convey- 
 ance 249 
 
 11. Order to be stamped . . 249 
 
 12. Court may postpone making 
 order 249 
 
 13^ As to intituling petition . 249 
 
 14. Preliminary statement of facts 
 
 in order convenient . 249, 250 
 
 15. Language of partieular section 
 should be adhered to . . 250 
 
 16. As to refusal to transfer by 
 counsel at the bar . . 250 
 
 17. As to-frame of order in case of 
 stock .... 250, 251 
 
 18. No objection to directing 
 officer of bank to transfer . 251 
 
 19. Addresses of trustees in order, 
 when not required . . 251 
 
 20. As to order being conclusive 
 evidence .... 251 
 
 21. Persons beneficially interested 
 should, if practicable, join in 
 petition 251 
 
 22. As to petitions relating to 
 estates of lunatic trustees and 
 mortgagees . . . 251, 252 
 
 23. As to title of petitioners de- 
 pending on certain facts to be 
 determined .... 252 
 
 24. Affidavits made in a cause 
 may be used ... 252 
 
 25. Where petition amended, old 
 affidavits may be used . . 252 
 
 26. Practice of Court as to amend- 
 ing petition .... 252 
 
 27. As to service of petition on 
 mortgagor . . . 252, 253 
 
 28. Under sale by Court, pur- 
 chaser should present petition 253 
 
 29. As to dispensing with service 
 
 of notice .... 263 
 
 30. Reversioner ought to be 
 served .... 253, 254 
 
 31. No jurisdiction under the Act 
 
 to order payment into court . 254 
 82. How petition as to bankrupt 
 should be jntitnled . . 254 
 
 33. Assignees of bankrupt should 
 
 be served • . . . . 254 
 
 34. As to the Court of the County 
 Palatiue of Lancaster . . 254 
 
 Section VIII. 
 Costs of Proceedings under these Acts. 
 
 1. Costs may be ordered to be 
 paid 255 
 
 2. "Where lunatic stated in deed 
 to be trustee, costs must be 
 paid by mortgagor . . 255 
 
 3. But generally costs must come 
 out of lunatic's estate . 255, 256 
 
 4. Costs of reconveyance paid 
 out of lunatic's estate where 
 beneficially entitled . . 256 
 
 5. Where mortgage paid off to 
 mortgagee's executor, and 
 petition presented by mort- 
 gagor 256 
 
 6. Costs payable out of mortgage 
 debt under, the circumstances 256 
 
 7. Where no committee, but only 
 
 a receiver .... 256 
 
 8. Costs of order out of lunatic's 
 estate under the circumstances 256 
 
 9. Costs of reconveyance from 
 devisees of inortgagee must be 
 paid by mortgagor . . 257 
 
 10. Additional costs arising from 
 mixing up of property pay- 
 able by mortgagee's estate . 257 
 
 11. Costs of corporation not pay- 
 able under the circumstances 
 
 257, 258 
 
 12. No order made as to the costs 
 under the circumstances . 258 
 
 13. Costs made a charge on the 
 inheritance .... 268 
 
XIVl 
 
 TABLE OF CONTENTS. 
 
 14. 
 
 15. 
 16. 
 
 17. 
 18. 
 
 Bespondent cannot be made 
 to pay costs of improper pro- 
 ceedings .... 258 
 Costs of infant trastee will 
 be allowed . - . . . 258 
 Costs "incidental to or con- 
 sequent on the inquiry " 
 ordered to be struck out 258, 259 
 Costs where bill filed ordered 
 to be paid by plaintiff . . 259 
 Party refusing to disclaim 
 made to pay the costs . . 259 
 
 PAOB 
 
 19. Eecusant trustee should not 
 
 be served .... 259 
 
 20. Bankrupt who is served en- 
 titled to his costs . . . 259 
 
 21. On appointment of new trus- 
 tees, who are to pay the costs 259 
 
 22. As to costs of proceedings to 
 procure surrender . . . 260 
 
 23. Infant heir entitled to costs of 
 vesting order, but not of suit 
 under the circumstances . 260 
 
 CHAPTER XII. 
 
 THE rNTANT SETTIEMENT ACT (18 & 19 TICT,, C. 43). 
 
 1. Object and scope of the Act . 261 
 
 2. Nature of settlement iufaut 
 may make on marriage 261, 262 
 
 8. Effect of death under age as to 
 appointment or disentailing 
 assurance .... 262 
 
 4. Application for sanction of 
 Court to be by petition . 262 
 
 5. To what infants Act to apply 262 
 
 6. Provisions of Act emended to 
 Ireland . . . .262 
 
 7. Evidence necessary to support 
 application . . . .263 
 
 8. Proposals to be submitted to 
 Judge 263 
 
 9. Ordmary course on petition 
 under this Act . . 263, 264 
 
 14. 
 
 16. 
 
 16. 
 
 Nature of inquiry to be made 
 by the Court 
 
 Where settlement not drawn 
 by conveyancing counsel 
 Nature of affidavits required . 
 As to settlement by infant 
 ward of Court of reversionary 
 Interest . . . 264. 
 Doubt as to necessity of 
 second petition under circum- 
 stances last mentioned . . 265 
 Court cannot approve settle- 
 ment made without its con- 
 currence .... 265 
 Name and arms clause in- 
 serted 265 
 
 264 
 
 264 
 264 
 
 265 
 
 CHAPTER XIII. 
 
 LEASES AND SALES OE SETTLED ESTATES (19 & 20 TICT., 0. 120, tUld 
 
 21 & 22 TICT., c. 77). 
 
 Section I. 
 
 Introekictory Statemmit. 
 
 Section II. 
 
 Powers to Authorise Leases of 
 
 Settled Estates. 
 
 Section III. 
 
 Powers to Authorise Sales of 
 
 Settled Estates. 
 
 Section IV. 
 Course of Proceckire. 
 
 1. Object of Acts . . , 266 
 
 2. Do not extend to Scotland . 266 
 
 3. Extend to all settlements 
 without reference to date . 267 
 
 Section I. 
 Introductory StatemeiiL 
 
 4. Definition 
 
 of term " settle- 
 ment " a,s used in Act . . 267 
 5. Limitations held under the 
 circumstances not to amount 
 to "settlement" . . .267 
 
TABLE or CONTENTS. 
 
 xxvii 
 
 Section II, 
 Powers to Ai/ihorise Leases of Settled Estates. 
 
 Pi.SB 
 
 1. Court may authorise leases of 
 settled estates . . 268, 269 
 
 2. Lease must contain conditions 
 adapted to special circum- 
 stances . . . 269, 270 
 
 3. Leases may be authorised of 
 whole or part, and from time 
 
 to time .... 270 
 
 4. As to powers of lord to grant 
 licenses .... 270 
 
 5. Leases granted may be sur- 
 rendered .... 270 
 
 6. Preliminary contracts autho- 
 rised 270 
 
 7. Particular leases may be ap- 
 proved of or powers vested in 
 trustees .... 270 
 
 8. Court requires circumstances 
 
 of estate, &c., to be shewn 270, 271 
 
 9. Court directs what person 
 shall convey .... 271 
 
 10. Powers may be vested in ex- 
 isting trustees or in any 
 other persons . . . 271 
 
 11. Lease of copyhold property 
 
 'per- 
 
 272 
 272 
 
 FAQE 
 
 not to be granted without con- 
 sent of lord . 
 
 12. Meaning of expression, 
 sons entitled " 
 
 13. Leases granted by trustees 
 must be settled at chambers, 
 and so it would appear as to 
 leases generally 
 
 14. Where legatees numerous, 
 service dispensed with 
 
 15. Model lease allowed as a pre- 
 cedent .... 272, 
 
 16. Eeference to conveyancing 
 counsel dispensed with . 
 
 17. Doubtful' whether leases or 
 sales can be directed in cause 
 without petition . 
 
 18. Power to lease for six hundred 
 years given to trustees of Dis- 
 senting Chapel 
 
 19. Course of proceeding on order 
 being mad!e to grant building 
 leases .... 273, 274 
 
 . 20. No provision in Act as to 
 
 fines 274 
 
 272 
 272 
 273 
 273 
 
 273 
 
 273 
 
 3. 
 
 4. 
 
 Section III. 
 Powers to Authorise Sales of Settled Estates. 
 
 Sale of any part of settled 
 estate may be authorised 274, 275 
 Powers to exchange omitted 
 from Act . . . .275 
 Where sale for building pur- 
 poses, part of consideration 
 may be rent .... 275 
 On sale, earth, &c., may be 
 excepted .... 275 
 Part of settled estates may be 
 laid out for streets, &c. 275, 276 
 No provision for granting 
 sites for churches or schools . 276 
 
 10. 
 
 11. 
 
 12. 
 
 Court may direct who are to 
 execute conveyance . . 276 
 Consent of trustees with power 
 to give discharges sufficient . 276 
 Conveyance must be settled 
 by Judge . . . . 277 
 Purchaser may at any time 
 before completion object to 
 jurisdiction .... 277 
 Particular settlement need 
 not be specified . . . 277 
 Sale for purpose of laying out 
 roads will be refused . . 277 
 
 Section IV. 
 Cov/rse of Procecl/u/re, 
 made by 
 
 Application to be 
 petition . . . .279 
 With the concurrence of what 
 parties ..... 279 
 Effect may be given to peti- 
 tion, subject to rights of per- 
 sons whose consent cannot 
 be obtained . . . 279, 280 
 
 4. On whom notice of application 
 must be served . . . 280 
 Notice of application to be in- 
 serted in newspapers, and any 
 party may be heard in oppo- 
 sition 280 
 
 Court wiU direct what persons 
 are to be served . . . 280 
 
 5. 
 
 6, 
 
XXVlll 
 
 TABXE or CONTENTS. 
 
 10. 
 11. 
 
 12. 
 
 13. 
 
 14. 
 
 16, 
 
 16. 
 
 17. 
 18. 
 
 19. 
 
 20. 
 21. 
 
 22. 
 
 23. 
 
 24. 
 25. 
 26. 
 
 27. 
 
 28. 
 
 281 
 281 
 
 282 
 
 282 
 
 282 
 
 PAQE 
 
 Service on person of unsound 
 mind dispensed witli under 
 tliB circumstances . . 280, 281 
 Application not to be granted 
 where resort has been had to 
 Parliament .... 281 
 Court may direct notice of 
 exercise of powers, tobe placed 
 on settlement 
 Notice endorsed on probate 
 How purchase or other money 
 to be applied . . 281, 
 Money may be so applied by 
 trustees, or upon order on 
 petition, as the Court may 
 direct < 
 
 Until- so applied money may 
 be invested . 
 Court may exercise powers 
 from time to time, but not if 
 prohibited by settlement . 282 
 Circumstance that settlement 
 contains similar powers not 
 important . . . 282, 283 
 No lease or sale to be autho- 
 rised which settlor himself 
 might not have granted 
 Lease- or sale to be unim 
 peachable .... 
 Costs may be made a charge 
 on hereditaments, and raised 
 by sale or mortgage 
 By whom in case of disability 
 applications, &o., may be 
 made .... 
 But special direction of Court 
 required . . . 283, 284 
 As to appointment of guardian 
 of infant petitioner 
 Concurrence of father not suf- 
 ficient . . , . 
 Married woman making ap 
 plication or giving consent to 
 be examined . . 284, 285 
 How examination to be made 285 
 Where out of jurisdiction . 285 
 Married women may make or 
 consent to any application 
 though infants 
 
 No obligation created by Act 
 to make or consent to any ap 
 plication . . . , 
 A. person deemed entitled to 
 possession though estate in- 
 cumbei-ed . . . 285, 
 
 . 283 
 283 
 
 283 
 
 283 
 
 284 
 284 
 
 285 
 
 285 
 
 286 
 
 FAQE 
 
 29. No sale or lease beyond twenty- 
 one years permitted where en- 
 tail cannot be barred 
 
 30. What petition and notice must 
 set forth .... 
 
 31. How petition and other pro- 
 ceedings should be intituled . 
 
 32. 33. Application to be made as 
 
 to what newspapers notice 
 should be inserted in . 286, 287 
 
 34. Usual direction as to adver- 
 tisements 
 
 35. How motions under Act may 
 be made 
 
 36. How copy of petition to be 
 obtained .... 
 
 37. As to delivery of same . 287, 
 
 38. When petition to be set down 
 for hearing . 
 
 39. Secretary of Lord Chancellor 
 must certify as to advertise- 
 ments .... 
 
 40. Application to set down peti- 
 tion before time fixed will be 
 refused 
 
 41. Court must be satisfied that 
 there has, been no previous 
 application to Parliament 
 
 42. On application for sale, what 
 particulars the Court requires 288 
 
 43. Special directions may be ob- 
 tained at Chambers . 288, 
 
 44. Order to direct on what docu- 
 ments notice to be placed 
 
 45. What fees to be paid . 
 
 46. Mode of obtaining appoint- 
 ment of guardian to infant 
 
 47. Evidence to be adduced on 
 application for appointment of 
 guardian . . . 289, 290 
 
 48. Guardian necessary, even if 
 father living 
 
 49. Mode of obtaining direction of 
 Court to make or consent to 
 application on behalf of in- 
 fant or lunatic . . 290, 
 
 50. When consent of married 
 woman must be obtained 
 
 61. Where woman marries after 
 presentation of petition 
 
 62. If consent of manied woman 
 not obtained, petition will be 
 dismissed .... 291 
 
 286 
 286 
 286 
 
 287 
 
 287 
 
 287 
 288 
 
 288 
 
 288 
 
 288 
 
 288 
 
 289 
 
 289 
 289 
 
 289 
 
 290 
 
 291 
 
 291 
 
 291 
 
TABLE OF CONTENTS, 
 
 XXIX 
 
 CHAPTER XIV. 
 
 THB JTTBISDICTIOIf OP THE COTTRT TJITOES MISCEILANEOtTS SXATTTTES. 
 
 Section I. 
 The Statute for enforcing the production 
 of Tenants for Life, and Oestuis que 
 vie (6 Anne, c. 18). 
 
 Section II. 
 Th£ Jv/risdiction of the Court imder the 
 Legacy Duty Act (36 Geo. 3, c. 52, s. 32). 
 
 Section III. 
 The Jurisddction of the Cowrt as to Un- 
 claimed StocTc and Dividends under 
 Statutes 56 Geo. 3, c. 60^ amd 8 ifc 9 
 Vict. c. 62. 
 
 Section IV. 
 The Jv/risdiction exercised by ihe Court 
 as Protector under the Fimes and 
 Recoveries' Act (3 tfc 4 Wm, i, c. li). 
 
 Section V. 
 Loans on Seal Securities m Ireland 
 (4 <t- 5 Wm. i, e. 29, s. 2). 
 
 Section VI. 
 On Petitions to obtain the Opinion, Ad- 
 vice, or Direction of the Judge (under 
 22 <fc 23 Vict. c. 35, s. 30). 
 
 1. 
 
 Section I. 
 
 The Statute for Enforcing the Production of Tenants for Life and Cestuis que vie 
 
 (6 Anne, c. 18). 
 
 PAGE 
 
 Place, &o., of production must 
 te inserted ia order . . 294 
 Husband of tenant for life will 
 be ordered to produce her 294, 296 
 Form of order and proceed- 
 ings thereon 
 
 After return of commissioners 
 no farther order necessary 
 Active concealment not neces- 
 
 Remainderman or reversioner 
 may require production of 
 tenant for life, or cestui que 
 vie . . . . . 293 
 Applicant must make affidavit 
 of his title . . . .293 
 Consequences of refusal . 293,294 
 Where tenant for life or cestui 
 que vie abroad . . . 294 
 Alive, but cannot be produced 294 
 Master of Rolls no jurisdiction 294 
 
 10. 
 11. 
 
 295 
 
 295 
 
 12. 
 
 sary .... 
 As to costs under the Act 
 
 295 
 296 
 
 Section IL 
 The Jurisdiction of the Cmirt -wnder the Legacy Duty Act (36 Qeo. 3, c. 52, s. 82), 
 1 
 
 Under what circumstances 
 legacy may be paid into court 
 
 296, 297 
 
 2. Where money improperly paid 
 into bank . . . .297 
 
 3. Where more or less than the 
 duty has been paid . . 297 
 
 4. Mode of application for pay- 
 ment out of money , . . 297 
 
 5. Executors cannot invest legacy 
 without authority of Court . 298 
 
 6. No order necessary for pay- 
 ment in of cash . . . 298 
 
 7. When legacy ia cash, legacy 
 duty must first be paid . . 298 
 
 8. Legatee must bear costs of 
 obtaiaing legacy out of court 298 
 
 9. JDividends wxll be applied for 
 infant's maintenance . .298 
 
 10. As to payment on petition by 
 tenant for life . . .299 
 
 11. In what' cases applications 
 should be made at Chambers 299 
 
 12. Since Trustee Relief Act sta- 
 tute no longer of so much 
 practical importance . . 299 
 
xxs. 
 
 TABLE OF CONTENTS. 
 
 Section III. 
 
 The Jv/risdieHm, of the Omurl ots to Unclaimed Stock and Dividends imder Statutes 
 56 Geo. 3, c. 60, amd 8 & 9 Viet., 4 c. 62. 
 
 PAOB 
 
 Wliere dividends not claimed 
 for ten years, stock to be 
 transferred to commissioners 
 
 299, 300 
 Where claim disputedbybank, 
 petition may be presented . 300 
 Where stock erroneously trans- 
 ferred 300 
 
 Order may be rescinded, 
 altered, or varied . . . 300 
 
 FAGS 
 
 5. As to service and costs . 300, 301 
 
 6. In(imry may be made . . 301 
 
 7. Primd fade equitable title 
 sufficient . . ... 301 
 
 8. Where conflicting claims, 
 directions wiU be given as to 
 trial of rights . . . 301 
 
 9. Party not entitled to accumu- 
 lations ..... 801 
 
 Section IV. 
 
 The Jvmsdiction of the Court as Protector vmder the Fines and Hecoveries' Act 
 (3 & 4 Wm. 4, c!. 74). 
 
 1. 
 
 9. 
 
 Where person lunatic, &c., 
 Lord Chancellor protector . 302 
 In other cases of incapacity. 
 Court of Chancery ~ . . 302 
 4. Where no protector . . 302 
 Mode of obtaining consent 
 
 302, 303 
 Where some other person joint 
 protector .... 303 
 Consent si^i&ed by order . 303 
 Where lunatic foimd such in 
 Ireland . . . .303 
 
 Petition by tenant in tail son 
 
 of tenant for life convicted of 
 forgery .... 303, 304 
 
 10. Husband of married woman 
 convicted of felony . . 304 
 
 11. Where tenant for life of fond 
 
 in court a lunatic . . . 304 
 
 12. Leases of lunatic's estate not 
 authorised .... 305 
 
 13. The duty of the Court as pro- 
 tector 305 
 
 14. Where lUnatie tenant in tail 
 mpossession . ... 305 
 
 15. Where lunatic has the inter- 
 vening estate tail , . . 305 
 
 Section V. 
 
 Loans on Seal Secwrities im, Irelcmd (4 & 5 Wm. 4, c. 29, s. 2). 
 
 1. Object and value of Act . 306 | 2. Where minor, &e., interested 306 
 3. Effect of order of Court . 306 
 
 Section VI. 
 
 On Petitions to obtain (he Opinion, Advice, or Direction of the Jvdge 
 •22&23 Via., c. 35, s. 30). 
 
 Trustee, etecutor, or admi- 
 nistrator may apply to Court 
 by petition or summons for 
 opinion or advice . . . 307 
 Petition or statement must be 
 signed' by counsel . . 
 Application must be served 
 on aU persons interested 
 Opinion or advice to operate 
 as an indemnity . 
 But not in cases of fraud 
 Costs in discretion of Judge 
 
 307 
 
 308 
 
 308 
 308 
 308 
 
 How petitions, &c., under the 
 Act must be intituled, &o. . 308 
 Course to be pursued on seal- 
 ing of summons . . . 309 
 As to service of petition or sum- 
 mons 309 
 
 Opinion, &c., must be passed 
 and entered .... 309 
 As to fees and allowances . 309 
 Petition should contain all 
 necessary statements . . 309 
 13. Effect of decision of Court 309, 310 
 
 8. 
 
 9. 
 
 10. 
 
 11. 
 12. 
 
TABLE OF CONTENTS. 
 
 XXXI 
 
 PASS 
 
 14. Court boundto give its opinion 310 
 
 15. Course to be pursued as to 
 parties to be served . . 310 
 
 16. Petition need not be served on 
 
 all persons interested . . 310 
 
 17. Court will not deal in cham- 
 
 FAQB 
 
 bers with difficult ques- 
 tions 310 
 
 18. One trustee may apply without 
 concurrence of co-trustee . 310 
 
 19. Court will not sanction money 
 to be laid out in improve- 
 ments .... 310, 311 
 
 APPENDIX OF PEECEDENTS. 
 
 No. 
 
 1. General form of petition. . 313 
 
 2. General form of affidavit . 314 
 
 3. Affidavit by an attesting wit- 
 ness as to execution of a deed 
 produced on the hearing of a 
 petition as an exhibit 
 
 4. Affidavit where no attesting 
 witness, or where, from absence 
 or death of attesting witness, 
 deed is otherwise proved 
 
 5. Affidavit where attesting wit- 
 ness is dead by person who can 
 speak to his identity and hand 
 writing ..... 
 
 6. Affidavit of identity of person 
 named iu certificate of death . 
 
 7. Petition under Sir Samuel 
 EomiUy's Act (52 Geo. 3 
 c. 101) . . . . 
 
 8. Petition by guardian under 1 
 Wm. 4, c. 65, s. 32, to be 
 
 , allowed to receive dividends 
 and apply same for infant's 
 maintenance 
 
 9. Petition by a mother under the 
 Infant Custody Act to obtain 
 the custody of one of her chil- 
 dren and access to the others 322 
 
 10. Order made on the preceding 
 petition .... 
 
 11. Petition under the Solicitors' 
 Act to tax bill of costs . 
 
 12. Petition under the Lands' 
 Clauses Act for investment of 
 purchase-money in stock, and 
 payment of dividends to 
 tenant for life 
 
 13. Petition under the Lands' 
 Clauses Act to obtain transfer 
 out of court of a sum of stock 330 
 
 14. Petition under the Lands' 
 Clauses Act for investment of 
 purchase-money in other 
 Wds 333 
 
 314 
 
 315 
 
 315 
 
 316 
 
 316 
 
 320 
 
 324 
 325 
 
 328 
 
 No. 
 
 15. Affidavit by a surveyor in 
 support of preceding petition 336 
 
 16. Order made in the matter of 
 the preceding petition . 
 
 17. Affidavit to be filed by trustee 
 previously to paying trust 
 fond into court under the 
 Trustee Relief Act 
 
 18. Notice to parties beneficially 
 interested of payment into 
 court of trust fund 
 
 19. Petition for transfer out of 
 court of trust sum paid in 
 under the Trustee Relief Act 
 
 20. Order made on petition under 
 the Trustee Relief Act . 
 
 21. Affidavit under the Trustee 
 Relief Act (another form) 
 
 22. Special Case .... 
 
 23. Petition for the appointment 
 of a new trustee, and for vest- 
 ing order of trust estate 
 
 24. Affidavit as to fitness of per- 
 son proposed as trustee . 
 
 25. Consent of new trustee to act 
 if appointed, and of con- 
 tinuing trustee to act in con- 
 junction with him 
 
 26. Affidavit verifying signatures 
 to consent of trustees . 
 
 27. Order made in the matter of 
 the petition for the appoint- 
 ment of a new trustee . 
 
 28. Petition for the appointment of 
 new trustees jointly with con- 
 tinuing trustee, and for vest- 
 ing order or conveyance, &c. 349 
 
 29. Petition for the appointment 
 of new tmstees, and for an 
 order vesting in them the trust 
 estate, including mortgage 
 and bond debts, and the right 
 to transfer stock . 
 
 30. Petition for the appointment 
 
 337 
 
 338 
 
 339 
 
 340 
 
 342 
 
 343 
 344 
 
 345 
 347 
 
 347 
 348 
 
 349 
 
 351 
 
TABLE OF CONTENTS. 
 
 No. 
 
 31. 
 
 82. 
 
 83. 
 
 34. 
 
 35. 
 
 36. 
 
 37. 
 
 of new trustees, and for an 
 order vesting in them the real 
 and personal estate of the 
 testator .... 358 
 Petition for a party to convey 
 in the name of an infant under 
 the Trustee.Act, 1850 . . 354 
 Petition by mortgagor for 
 vesting order of lands where 
 mortgagee has died intestate 
 and without an heir . . 355 
 Petition under the Infant 
 Settlement Act . . . 357 
 Petition under Settled Estates' 
 Act for power to lease certain 
 hereditaments for twenty-one 
 
 years 359 
 
 Petition under Settled Estates' 
 Acts for power to grant build- 
 ing lease .... 861 
 Petition of infants under 
 Settled Estates' Acts for 
 authority (particular and 
 general) to lease stone, &c. . 862 
 Petition under the Settled 
 Estates' Act for sale of lands . 364 
 
 No. 
 38. 
 
 39. 
 
 40. 
 
 41. 
 
 42. 
 
 43. 
 
 44. 
 
 PAGE 
 
 Motion under 6 Anne, c. 18, 
 for production of cesiuis que 
 me . . . • • 367 
 Affidavit in support of pre- 
 ceding motion . . .368 
 Petition by legatee late an in- 
 fant for payment -of legacy- . 369 
 Petition for re-transfer of 
 stock under the Unclaimed 
 Dividends' Acts . . .371 
 Petition under the Fines and 
 Recoveries' Act where Lord 
 Chancellor is protector in place 
 of a felon . . . .373 
 Petition for the purpose of 
 obtaining the consent of the 
 Court to an investment on real 
 security in Ireland under 4 & 
 5 Wm. 4, 0. 29, s. 2 . . 374 
 Petition for the purpose of 
 obtaining the opinion, advice, 
 and direction of the Court 
 under 22 & 23 Yict., c. 35, 
 s. 80 376 
 
 Index to the Precedents 381 
 
 Qenesal Index 385 
 
TABLE OF CASES. 
 
 Abergavenny, Mc parte Eajl of, i 
 
 W. E. 315, M. E. . . . 135 
 Adamson, £e, 18 Beav. 460 . .107 
 Aiusworth v. Alman, 14 Bear. 597 192 
 Alcock, He, 2 CoU. 92 . . 91 
 
 Alexander v. Anderdon, 6 Beav. 
 
 405 85 
 
 Allen V. Aldridge, Be Ward, 5 
 
 Beav. 401 . . . .81 
 Allen's Will, He, Kay, App. 51 . 168 
 Alaager, Ex parte Incumbent of, 
 
 2 Eq. Rep. 327 ; s. o. 22 Law T. 
 
 344, T. C. K. . . . 121 
 
 Anderson v. Statber, 9 Jnr. 1085, 
 
 T. C. K. B 23 
 
 Anderton v. Yates, 15 Jur. 833, 
 
 Y. C. K. B 27 
 
 Andrews, £ho parte, 13 Law J. 
 
 (Cb.) 222, L. C. . . .91 
 Andrews, Se, 17 Beav. 510; s. c. 
 
 17 Jut. 1145 ; 23 Law J. (Ch.) 
 
 129;2W. R. 46;22LawT. 114 86 
 Andrews v. Walton, 1 My. & Cr. 360 16 
 Angelo, iJe,'5 De G. & S. 278; s. 
 
 c. 16 Jur. 831 ; 18 Law T. 316 . 225 
 Anon., 1 Law T. 251, T. C. of E. . 35 
 Anon., 12 Sim. 262 . . . 84 
 Anon., cited, 3 De G. & J. 147 . 125 
 Anon., 1 Jur. (S. S.) 974, Y. C. W. 157 
 Anon., 1 W. E. 10 . . . 192 
 Armstrong, Sx parte, 16 Sim. 
 
 296 259 
 
 Armstrong's Settlement, Be, 5 W. 
 
 R. 448, M. R. . . .237 
 
 Arrowsmitb's Trusts, Be, 6 W. R. 
 
 642; s. c. 4 Jur. (N. S.) 1123; 
 
 31 Law T. 243, L. L. J. . . 208 
 Ashton Cbarity, Be, 22 Beav. 288 47 
 Atkins V. Cook, 3 Jur. (S. S.) 283 ; 
 
 s. c. 5 W. R. 81, Y. C. K. . . 6 
 Atkinson & Pilgrim, Be, 26 Beav. 
 
 151 100 
 
 Attorney-General v. Alford, 2 Sm. 
 & G.488; s. c. 18 Jur. 592; on 
 App. 4 De G. M. & G. 843; s. c. 
 3 W. R. 200 . . . . 162 
 
 Attomey-General v. Bisbop of 
 Worcester, 9 Hare, 328 . 45, 49 
 
 Attorney-General v. Tbe Corpora- 
 tion of Bristol, 14 Sim. 648 46, 47 
 
 Attorney-General v. Earl of Devon, 
 15 Sim. 193 . . . 47, 50 
 
 Attorney-General v. Earl of Stam- 
 ford, 1 Pb. 737 .. . 49 
 
 Attorney-General v. Tbe East Ret- 
 ford Grammar Scbool, 17 Law 
 J. (Cb.)450,Y. C. ofE. . . 47 
 
 Attorney-General v. Green, 1 Jac. 
 & W. 303 . . . .49 
 
 Attorney-Generals;. Lewis, 8 Beav. 
 179 27 
 
 Aubrey's Settled Estates, Be, 1 W. 
 R. 464 ; s. c. 17 Jur. 874 ; 21 
 Law T. 192 ; 7 R. C. 611,Y. C. S. 137 
 
 Ayles V. Cox, 17 Beav. 584 . 219, 223 
 
 V 
 
 B. 
 
 Badcock, Be, 2 W. R. 386, Y. C. K. 223 
 Bailej, JiJx parte. See iJe Cattlin 108 
 Bailey's Trust, Be, 3 W. R. 31, 
 
 Y. C. K 161 
 
 Bailey v. Collett, 18 Beav. 179; s. . 
 
 c. 23 Law J. (Cb.) 230 . . 189 
 Bainbrigge, Be, 13 Beav. 108 . 106 
 Bangley's Trust, Be, 16 Jur. 682; 
 
 s. c. 21 Law J. (Cb.) 875, Y. C. K. 177 
 Bardin's Will, Be. See Be Bur- 
 din's Will . . . .267 
 Barnard, Be, 16 Beav. 5; on App. 
 2De G. M. & G. 359; s. c. 17 
 Jur. 53 ... 82, 95 
 
 Barnes, Be, Seton, 416, 416 . 250 
 
 Barrett, Expwrte, 19 Law J. (Cb.) 
 
XXXIV 
 
 TABLE OF CASES. 
 
 FAGK 
 
 416; s. c. 15Jnr. 3; 15 Law T. 
 520, V. C. K. B. . . . 135 
 
 Barrington, Be, 27 Beav. 272 . 6 
 
 Barrington's Settlement, Be, 1 
 John & Hem. 142 ; s. c. 8 W.K. 
 577 ; 3 Law T. (N. S.) 17 ; 6 
 Jur. (N. S.) 1073; 29 Law J. 
 (Ch.) 807 . ... . 811 
 
 Barrington v. Liddell, 2 De &. M. 
 & G. 480 . . . . 192 
 
 Barrow, Be, 17 Beav. 547; ». e. 
 18 Jur. 181; 2 W. E. 109; 22 
 Law T. 217 . . . 79, 87 
 
 Barrow, Be, 3 W. R. 635, V.C. K. 122 
 
 Bartholomew's Will, Be, 13 Jur. 
 380, V. C. of England . . 180 
 
 Bartlett, ;ESr^arte, 2 Coll. 661 . 64 
 
 Bartlett v. Bartlett, T. C. of Lan- 
 caster, 4th Feb. 186S, cited, 
 . Ince, 91 . . . .227 
 
 Barton, Ux parte. See Be Pinch . 89 
 ■ Basingstoke School, Be, L. L. J. 
 1850, cited, Seton, 416 . . 222 
 
 Bass, JEx parte, Be Stephen, 2 
 Ph. 562 ... 13, 84 
 
 Bateman v. Cook, 3 De G. M. & 
 G. 39 26 
 
 Bateman's Estate, Be, 21 Law J. 
 (Ch.) 691, V. C. P. ., . 137 
 
 Bath, Mc parte Marquis of. See 
 Be Wilts, &c., Railway Com- 
 pany .... 128,144 
 
 Battersby's Trust, Be, 16 Jur. 900, 
 M. E 233 
 
 Battle, JEhy parte the Dean of, 21 
 Law T. 55 ; s. o. 1 W. E. 271, 
 V. C. K 135 
 
 Baugham, Ex parte, 16 Jur. 325, 
 M. E 161 
 
 Baxter's Will, Be, 2 Sm, & G. 
 App. 5 .... 259 
 
 Bayley, Be, 18 Beav. 416 ; s. c. 
 2 W. R. 404 . . .89 
 
 Beale, Be, 11 Beav. 600 . . 86 
 
 Beale v. Tennent, 1 Drew. 65 .216 
 
 Beaufoy's Estate, Be, 1 Sm. & G. 
 20; s. c. 16 Jur. 1084; 22 Law 
 
 ■ J. (Ch.) 430 . . . , 138 
 
 Beauvoir's Trusts, Be De, 29 Law 
 J. (Ch.) 567 ; s. c. 6 Jur. (N. S.) 
 693; 2 Law T. (N. S.) 364 ; and 
 8. c. sub nom. Be Benyou'g 
 Tnist, 8 W. E. 425, L. L. J. . 146 
 
 Becke and Flower, Be, 5 Bear. 
 406 85 
 
 Beddoes, Mx parte, 2 Sm. & G. 
 
 466 ; s. c. 24 Law J. (Ch.) 176 132 
 Bedson, Be, 9 Beav. 6 . .107 
 
 Befford's Will, Be, 21 Law T. 164, 
 
 V. C. K 174 
 
 Bellott, &^arte, 2Madd. 259 . 18 
 Belton, Ex parte. 25 Beav. 368; 
 
 B. c. 31 Law T. 295 . 77, 102 
 
 Bendyshe, Be, 3 Jur. (N. S.) 727; 
 
 S.C. 5 W. E. 816, V. C. K. 156,170 
 Bennett, Ex parte, 15 Jur. 213, 
 
 V. C. K. B 297 
 
 Bennett, Be, 8 Beiv. 467 . 82, 89 
 Benyou's Trust, Be. See Be De 
 
 Beauvoii's Trusts . .145 
 
 BerkhampStead Free School, Ex 
 
 portethfe, 2 Ves. & B 134 . 46 
 Bernard, Ex parte, 6 Ir. Ch. Eep. 
 
 133 . . . . . 156 
 Berry, Be, 13 Beav. 455 . . 177 
 Bicester, Ex parte Churchwar- 
 dens & Overseers of, 5 B. C.702, 
 
 V.C. K:B 136 
 
 Biddle, Re, 23 Law J. (Ch.) 23, 
 
 L. L. J. .... 256 
 
 Biddulph and Poole, Be, 5 De G. 
 
 & S. 469 . . . .6 
 
 Bierton Charity Land, Be, 10 
 
 Hare, App. 38 ... 51 
 
 Biggs, Be, 11 Beav. 27 ; s. c. 11 
 
 Jur. 968 . . . . 161 
 
 Bignold V. Springfield, 7 CI. & 
 
 Fin. 71 . . . . 47 
 
 Birch's Legacy, Be, 2 K. & J, 
 
 369 ... . 18,179 
 Biahton, Be, 6 W. E. 289; s. c. 27 
 
 Law J. (Ch.) 168; 31 Law T. 
 
 64, L. C 301 
 
 Blackmore, Be, 13 Beav. 154 99, 100 
 Blackmore v. The Glamorganshire 
 
 Ca;nal Cbmpany, 6 Russ. 151 . 28 
 Blake's Settlement, Be, 6 Jur. 
 
 (N. S.) 724 ; s. c. 8 W. R. 539 ; 
 
 2 Law T. (N. 8.) 421, V. C. S. 288 
 Blaxland v. Blaxland, 9 Hare, 
 
 App. 68 . . . .118 
 
 Blewitt, Be, 3 M. & K. 260 . 305 
 
 Blewitt, Be, 4 W. E. 195 ; s. c. 25 
 
 Law J. (Ch.) 393; 2 Jur. (K 
 
 S.) 217 ; 26 Law T. 189, Pull 
 
 Court of Appeal . . . 305 
 Bliustou V. Warburtou, 2 K. & 
 
 J. 400 ; s. c. 2 Jur. (N. S.) 
 
 8S8 .... 195,196 
 Bloomar, Be, 2 De G. & J. 88 : s. 
 
TABLE OF CASES. 
 
 XXXV 
 
 c. 27 Law J. (Ch.) 173 ; 30 Law 
 
 T. 238; 4 Jur. (N. S.) 546; 6 
 
 W.R.178 . . . . 204 
 Bloye'a Trusts, Se, 1 M. & G. 488 ; 
 
 8. c. 2 Hall & T. 140; 14 Jur. 
 
 49 ; 19 Law J. (Ch.) 89 ; and s. o. 
 
 on App. sub nom. Lewis v. 
 
 Hillman, 3 H. L. 0. 607 . 167 
 
 Boddington v. Woodley, 12 Law 
 
 J. (Oh.) 15, M. E. ... 22 
 Boden's Estate, Se, 9 Hare, 820 ; 
 
 s. c 21 Law J. (Ch.) 316; 16 
 
 Jur. 279 ; on App. 1 De G. M. 
 
 ft G. 57 . . . .228 
 
 Bouts, Ex parte, 28 Law J., (Ch.) 
 
 648; s. c 5 Jur. (N. S.) 951 ; 34 
 
 Law T. 27, Y. C. S. . . 301 
 
 Bouverie, Mc parte, 4 E. C. 229, 
 
 V.C. of England . . .128 
 Bowm«r, &, 3 De 6. & J. 658; s. c. 
 
 r W. E. 313 ; 5 Jur. (N. S.) 348 244 
 Bowra v. Wright, 4 De G. & S. 
 , 265 ; s. c. 15 Jur. 981 . . 207 
 Boycott's Settlement Trusts, Ee, 
 
 5 W. E. 16; s. c. 28 Law T. 
 
 120, V. C. W. . . .237 
 
 Boyle, Be, Hx parte Turner, 5 
 
 De G. M. & G. 540 ; s. c. 24 
 
 Law J. (Ch.)71; 2W. E. 617; 
 
 23 Law T. 262 .. . 91 
 
 Bracey, Be, 8 Beav. 266 . . 87 
 Bradley v. Munton, 16 Beav. 294 . 260 
 Bradshaw, Mb parte, 16 Sim. 174; 
 
 s. c. 5 E. C, 432 ; 17 Law J. 
 
 (Ch.) 454 ; 12 Jur. 888 . . 119 
 Bradshaw, Ms parte, 2 De G. M. & 
 
 G. 900; s. c. 22 Law J. (Ch.) 
 
 180 .... 224 
 
 Braithwaite's Trust, Be, 1 Sm, & G. 
 
 App. 15; s. c. 17 Jur. 763; 22 
 
 Law J. (Ch.) 915 ; 1 Eq. Kep. 
 
 163 127 
 
 Branch v. Browne, 2 De G. & S. 
 
 299 216 
 
 Brancker, Be, V. C. W. Jan. 14th, 
 
 1869, cited, Morgan's Ch. Pr. 79 208 
 Branmer's Estate, .Be, 14 Jur. 236; 
 
 s. c. 14LawT. 83, V. C. K. B. 140 
 Brasher's Trust, Be, 6 W. E. 406, 
 
 V. C. Z. . ■ • . • 133 
 Brass' Trusts, Be, 4 W. E. 764, 
 
 y. C. K 224 
 
 Braye, Be, 9 Hare, App. 1, 7 .146 
 Brealy's Settled Estates, Be, and 
 
 Be Hadwen's Settled Estates, 24 
 
 PAOB 
 
 Beav. 221 ; s. c. 29 Law T. 208; 
 
 5 W. K. 613, 614 . 285, 291 
 
 Bredieot, Ma parte Eector of, 17 
 
 Law J. (Oh.) 414; s. c. 5 R. C. 
 
 209, V. 0. of England . . 121 
 Breed v. Oaffall, 24 Law T. 308, 
 
 V. 0. W 244 
 
 Breut'sTru8ts,i?e,8'W.E.270, M.E. 174 
 Bridgman, Be, 8 W. E. 598; s. c. 
 
 2 Law T. (S. S.) 560 ; 29 Law 
 
 J. (Oh.) 844; 6 Jur. (N. S.) 
 
 1065, V. 0. K. . . 235, 244 
 
 Bristol Dock Act, Be 21 Law T. 
 
 17, M. E 143 
 
 Bristowe v. Needham, 2 Ph. 190 . 14 
 Brompton, Ex parte Incumbent 
 
 of, 5 De G. & S. 626 . . 50 
 
 Brooking, Be the Devisees of, and 
 
 the South Devon Railway Com- 
 pany, 2 Giff. 31 ; s. c. 29 Law J. 
 
 (Ch.) 151 ; 6 Jur. (N. S.) 441 ; 
 
 2 Law T. (N. S.) 204 . . 123 
 Brookman, Be, 1 Mac. & G. 199 . 8 
 Brown, Ma parte, Cooper, 295 . 47 
 Browne, Be, 16 Beav. 61 ; s. c. oa 
 
 App. 1 De G. M. & G. 322, 
 
 100, 101, 104 
 Browne,.Be,'6E.C.733,L.L.J. 118, 126 
 Buckley's Trust, JJe, 17 Beav. 110; 
 
 s. c 22 Law J. (Ch.) 934; 17 
 
 Jur. 478 . . . , 161 
 
 Bucks Railway, Be, 14 Jur. 1065, 
 
 T. 0. Eolfe" . . . .127 
 Bulkeley v. Hope, 25 Law J. (Ch.) 
 
 240, L. L. J. . . . 190, 192 
 Burdin's or Bardin'a Will, Be, 7 
 
 W.E.711,V.C.K.; on App. 28 
 
 Law J. (Ch.) 840; s. c. 5 Jur. (S.S.) 
 
 1 378 ; 2 Law T. (N. S.) 70, L. L. J. 267 
 Burt, Be, 9 Hare, 289 ; s. c. 22 
 
 Law J. (Ch.) 153 . . .206 
 Burt V. Sturt, 1 W. E. 146, V. 0. W. 193 
 Bush, Be, 8 Beav. 66 . . .82 
 Bute's Will, Be the Marquis of, 
 
 John, 15; s. c. 5 Jur. (N. S.) 487 235 
 Butler's Trust, 5e, 1 6 Jur. 324, M. E. 177 
 Butterfield, Be, Seton, 403 . . 254 
 Byron's Trust, Be, 5 Jur. (N. S.) 
 
 261; s. c. 7 W. E. 367, V. C. K. 140 
 
 Caddick's Settled Estates, Be, 
 7 W. E. 334, V. C. S. . 
 
 <: 2 
 
 284 
 
XXXVl 
 
 TABLE OF CASES. 
 
 JAOB 
 
 Cambridge, Ex pa/rte the Corpora- 
 tion of, 6 Hare, 30; s. o. 12 Jur. 
 450; 5R. C. 20i . . .132 
 Campbell, iJe, 3 De 0. M. & G. 585 ; 
 
 s. c. 1 W. E. 204 . . . 92 
 CampbelI,JJe,18LawT.202,L.L.J. 203 
 Canning «. Bell, 13 Law J. (Ch.) 
 
 304, M. R 4 
 
 Cann's Estate, Be, 19 Law J. (Ch.) 
 376 ; s. c. 15 Jur. 3 ; 15 Law T. 
 520, V.C.K.B. . . .125 
 Cant, ^K^arte, 10 Vea. 554 . 258 
 
 Canterbury, Ex parte the Arch- 
 bishop of, 2 De G. & S. 365 ; s. c. 
 12 Jur. 1042 ; 5 E. C. 699 . 135 
 
 Canterbury, Ex parte the Arch- 
 bishop of, Be Wimbledon, &o. 
 Act, 23 Law T. 219 ; s. o. 2 Eq. 
 Bep. 728, V. C. S. . . .138 
 Cantley, iee,17 Jur. 124,V.C.K. . 218 
 Cant's Estate, Be, 8 W. E. 105; 
 s, e. 1 Law T. (N. S.) 254; 29 
 Law J. (Ch.) 119 ; 6 Jur. (If. S.) 
 
 183, L. L. J 128 
 
 Garden, Ex parte, 12 Jur. 391, In 
 
 Bank 254 
 
 Carew, Be, 8 Beav. 128 . . 79 
 Carlisle, Ex parte Mayor and 
 Corporation of, 1 W. E. 103; 
 a. e. 20 Law T. 166, "V. C. S. . 140 
 Carpenter, Be, Kay, 418 . . 208 
 Carpmael v. Profitt, 17 Jur. 875; 
 s. e. 23 Law J. (Ch.) 165; 22 
 Law T. 64, T. C. W. . . 130 
 Cartwright; Ex parte, 3 De G. & S. 
 648; s. c. 19 Law J. (Bank.) 
 
 3 243,259 
 
 Cartwright's Trust, Be, 8 W. E. 
 492 ; B. c. 2 Law T. (JS. S.) 626, 
 V. C. W. . . . , 252 
 
 Carven, Be, 8 Bear. 436 . . 82 
 Cater's Trusts, Be, (No. 1) 25 Beav. 
 
 361 180 
 
 Cater's Trusts, Be, (No. 2) 25 Beav. 
 
 366 181 
 
 Catlin, Be, 18 Beav. 508 . 85, 107 
 Catlin, Be, 23 Beav. 412 . . 103 
 CattUn, Be, 8 Beav. 121 . . 107 
 Cattlin, Be, ^ic^arfe Bailey, 3 Jur. 
 
 (N. S.) 33, M. E. . . .108 
 Cave, Ex parte. See Be Nash's 
 
 Estate 144 
 
 Cawthorne, Be, 12 Beav. 56 ; s. o. 
 
 18 Law J. (Ch.) 116 . . 175 
 
 Casneau, Be, 2 K. & J. 249 ; s. o. 
 
 PAQE 
 
 2 Jur. (N. S.) 157 ; and sub nom. 
 
 Be Houaman's Trust, 4 W. E. 
 
 274 . . . . 167, 177 
 
 Chamberlain, Be, 22 Beav. 286 . 172 
 Chambers' Settled Estate, Be, 3 
 
 Law T. (N. S.) 49 ; a. c. 6 Jur. 
 
 (N. S.) 1005 ; 29 Law J. (Ch.) 
 
 924, M. E 277 
 
 Chapman v. Reynolds, 29 Law J. 
 
 (Ch.) 594, M. E. . . . 195 
 Chelsea Waterworks' Act, Be the, 
 
 and Skeat's Charity, 25 Law J. 
 
 (Ch.) 49; s. c. 1 Jur. (N. S.) 
 
 1037 ; 26 Law T. 67, V. C. K. . 132 
 Chelsea Waterworks' Company, 
 
 Be, Ex parte Minister &c. of 
 
 Fulham, 28 Law T. 173, V. C. W. 131 
 Chertaey Market, Be, 6 Pr. 261 . 46 
 Cheshunt College, Be, 1 Jur. 
 
 (N. S.)995; s. e. 3 W. E. 638, 
 
 V. C. W 125 
 
 Chipping Sodbury School, Be, 5 
 
 Sim. 410 . . . . 60 
 Christ Church, Ex parte Dean 
 
 and Chapter of, 23 Law J. (Ch.) 
 
 149, V. C. K. . . . 137 
 
 Christopher, v. 11 Sim. 409. 23 
 
 Clarborough, Ex parte Vicar of, 
 
 12 Jur. 239, V. 0. of England 140 
 Clark, Be, 13 Beav." 173; s. c. on 
 
 App. 1 De G. M. &; 6. 43 . 106 
 Clarke's Deviaees, Be, 6 W. E. 812, 
 
 V. C. K 134 
 
 Claxke'a Trust, Be, 20 Law T. 153, 
 
 V. C. Parker . . .164 
 
 Clarke v. Law, 2 K. & J. 28; s. c. 
 
 2 Jur. (N. S.) 228 ; 4 W. E. 35 . 29 
 Clay, Ex parte. In re Towers, Lord 
 
 Lyndhurst, 7th Aug. 1830, cited, 
 Shelford on Lunacy, 610, ed. 2 . 266 
 Clayton v. Greaham, 10 Ves. 288 . 35 
 Clerks of Records and Writs, Be, 
 
 3 De G. M. & G. 723 . . 25 
 Cleveland's, Be the Duke of, Harte 
 
 Estates, 1 Dr. & Sm. 46 ; s. c. 
 
 2 Law T. (N. S.) 78 ; 8 W. R. 
 
 336 ; 29 Law J. (Ch.) 530 5, 141 
 Cleveland's, Be the Duke of, Harte 
 
 Estates, Ex parte Milbank, 
 
 V. C. K., May 7th, 1858, cited, 
 
 Morgan, 294 .... 280" 
 Clifford Estates, Be De, 2 M & K. 
 
 624 252 
 
 Clinton, Be, 8 W. R. 492 ; s. c. 
 I 6 Jur. (N. S.) 601,' V. C. W. . 137 
 
TABLE or CASES. 
 
 PAOB 
 
 y. Re, 2 Sm. & G. 46 ; s. c. 
 
 2 W. B,. 183 ; 18 Jur. 222 ; 22 
 
 Law T. 253 ; 2 Eq. Kep. 52 . 295 
 Glutton, Eh parte, 17 Jur. 988, 
 
 V. C. W 239 
 
 Coe's Trusts, Be, 4 K. & J. 199 . 164 
 Cofield, Ex parte, 11 Jur. 1071 ; 
 
 s. c. 9 Law T. 410, V. C. K. B. 122 
 Collingwood's Trusts, Re, 6 W. R. 
 
 536, V. C. W. . . . 226 
 Collins' Charity, Ee, 20 Law J. 
 
 (Ch.) 168, V. C. K. B. . . 136 
 Collinson, Re, 3 De G. M. & G. 
 
 409 ; s. <;. 21 Law T. 81, 834 . 221 
 Collinson v. Collinson, 3 De G. M. 
 
 & 6. 409 . . . . 251 
 CoUis, Re, 23 Law T. 40, M. K. 
 
 Ireland . . . .80 
 
 Colson's Trust, Re, 2 W. B. Ill, 
 
 V. C. \V 166 
 
 Conybeare's Settlement, Ex parte, 
 
 1 W. R. 458, L. L. J. . . 239 
 Cooksou V. Bingham, 17 Bear. 262 195 
 Cooper's Settlement, Re, 25 Law J. 
 
 (Ch.) 685 ; s. c. 4 W. R. 729 : 
 
 27 Law T. 267, L. L. J. . . 234 
 Cooper V. Jones, 2 Jur. (N. S.) 59; 
 
 s. c. 25 Law J. (Ch.)240,V. C. S. 219 
 Copley, Ex parte, 4 Jur. (If. S.) 
 
 297, M. R. . . . . 128 
 Corsellia v. Corsellis, 1 Dr. & W. 
 
 235 66 
 
 Courtois' Trust, Re, 10 Hare, App. 
 
 64 ; s. c. 22 Law J. (Oh.) 1045 ; 
 
 17 Jur. 852 . . . . 168 
 Coulson's Trust, Re, 4 Jur. (N. S.) 
 
 6, V. C. W 163 
 
 Coventry, Re the Justices of, 19 
 
 Beav. 168 . . . .18 
 CoTington'BWiU,.fie, 1 Jur. (N. S.) 
 
 1157; S.-C. 25 Law J. (Ch.) 238, 
 
 V. C. S 176 
 
 Cox V. eox, 1 K. & J. 251 . .164 
 Coyte's Estate, Re, 1 Sim. (N. S.) 
 
 202 125 
 
 Craig; Ex parte, 20 Law J. (Ch.) 
 
 136 ; s. c. 15 Jur. 762, 
 
 v. C. K. B. . . 190, 191, 192 
 Cramer v. Cramer, 16 Jur. 831, 
 
 T. C. P 208 
 
 Craven, Ex parte, 17 Law J. (Ch.) 
 
 215; s. c. 11 Law T. 1,V. C. of 
 
 England . . ■ -120 
 
 Crook V. Crook, 1 Jur. (N. S.) 654; 
 
 s.c.24LawJ.(Ch.)504,V.C.S. 23 
 
 Cross' Charity, Re, M. R.,Dec. 3rd, 
 1859, cited, Morgan, 287 . . 273 
 
 Croyden's Trust, Re, 19 Law J. 
 (Ch.) 172; s. c. 14 Jur. 54, 
 V. C. of tengland . . 162 
 
 Cumming, Re, 6 Jur. (K. S.) 1129 ; 
 s. c. 3 LawT. (N. S.) 391; 30 
 Law J. (Ch.) 29, L. L. J. . 325 
 
 Cundee's Estates, Re, Nov. 11th, 
 1859, cited, Morgan, 301 . . 291 
 
 Currie, Re, 9 Beav. 602 . . 90 
 
 Curtis, Re, 28 Law J. (Ch.) 458; 
 s. c. 5 Jur. .(N. S.) 1147 ; 34 
 L.T. 10; 7W. R. 474,V.C.K. 66 
 
 D. 
 
 Dalby, Re, 8 Beav. 469 . . 86 
 Dale V. Atkinson, 28 Law T. 64 ; 
 
 s. c. 3 Jur. (N. S.) 41, V. C. W. 192 
 Daltou, Re, 1 De G. M. & G. 265 169 
 Dalton, Re, 3 Sm. & G. 331 ; on 
 
 App. 6 De G. M. & G. 201 ; 
 
 s. c. 25 L. J. (Ch.) 751 ; 2 Jur. 
 
 (K S.)1077; 4 W. E. 793 . 264 
 Darby v. Darby, 18 Beav. 412 . 190 
 J)sa}ifi ooi. Ex parte. See ife Com- 
 missioners of Byde , . 120 
 Davenant's Charity, Re, 2 W. E. 
 
 344, V. C. K. . . . 136 
 
 Davenport's Charity, Re, 4 De G. 
 
 M. & G. 839 . . 44, 52 
 
 Davey v. Miller, 1 Sm. & G. App. 
 
 19 ; s. c. 22 Law J. (Ch.) 1054; 
 
 17 Jur. 908 . . . . 219 
 
 Davidson, Re, 20 Law J. (Ch.) S44, 
 
 L. C 241 
 
 Davie, ' Re, Ex parte White, 8 
 
 W. R. 15, M. R. . . .90 
 Davies, Ex parte, 16 Jur. 882, 
 
 V. C. P 258 
 
 Davies, Re, 3 M. & G. 278 . . 202, 
 234, 241 
 Davis's Estate, Re, and the Crystal 
 
 Palace and West End Railway 
 
 Company, 3 De G. & J. 144; 
 
 S.C. 6 W. R. 844 ; 27 Law J. 
 
 (Ch.) 712 ; 4 Jur. (N. S.) 1029 ; 
 
 31 Law T. 339 . . 124, 133 
 
 Davis V. Chanter, 27 Law J. (Ch.) 
 
 577; s. c. 4 Jur. (N. S.) 272; 
 
 6 W. R. 416, V. C. K. . . 240 
 Dawson, Re, 8 W. H. 554; s. c. 
 
IXXVIII 
 
 TABLE OF CASES. 
 
 2 Law T. (S. S.) 686 ; 6 Jur. 
 
 (N. S.) 878, M. R. . . .88 
 Day V. Croft, 19 Beav. 618 . 18, 179 
 Day V. Day, 11 Bear. 35 . .26 
 Dean Clarke's Charity, He, 8 Sim. 
 
 U 46 
 
 Dendy, Be, 21 Beav. 565 . . 107 
 Dennis, Se, 8 W. E. 649, V. C. S. 295 
 Dennis, He, 5 Jur. (N. S.) 1388 ; 
 
 8. c. 1 Law T. (BT. S.) 158, V. C. S. 31 
 Dickinson, . JJe, 17 Law T. 231, 
 
 V. C. K. B 208 
 
 Dickinson's Trusts, Be, 1 Jur. (S. 
 
 S.) 724, V. C. W. . . . 235 
 Dickson, Mc parte, 1 Sim. (N. S.) 
 
 37 178 
 
 Dickson, Be, 26 Law J. (Cli.) 89 ; 
 
 s. c. 3 Jur. (N. S.) 29 ; 28 Law 
 
 T. 153 ; 5 W. R. 108, L. L. J. . 103 
 Dinning v. Henderson, 2 De G. & 
 
 S. 485 120 
 
 Divers, Be, 1 Jur. (N. S.) 995, V. 
 
 C. W 132 
 
 Dixon V. Jackson, 25 Law J. (Ch.) 
 
 588, V. C. K 125 
 
 Dodsworth's Trust, JJe, 10 Hare, 16 171 
 Doe V. Burdett, 4 A. & E. 1 . 32 
 
 Doe v. Wolley, 8 B. & Cr. 22 .32 
 Dolman, Be, 1 1 Jur. 1 095, M. R. 5, 84 
 Dolman, Be, 2 W. R. 447, M. R. . 90 
 Domville v. Lamb, 9 Hare, App. 1, 
 
 66 193 
 
 Donington Church Estate, Be, 
 
 8 W. R. 301 ; s, c. 6 Jur. (S. 8.) 
 
 290 ; 2 Law T. (N. S.) 10, V. C. 
 
 S 43 
 
 Dovenby Hospital, Be, 1 My. & 
 
 Cr. 279 . , . . . 38 
 Downes, Be, 5 Beav. 425 . . 88 
 Drake, Be, 8 Beav. 123 . .88 
 Drake, Be, 22 Beav. 438 . . 105 
 Draper's Settlement, Be, 2 W. B. 
 
 440, V. C. S. . ; . . 233 
 Brewery's Trust, Be, 2 W. E. 436, 
 
 V. C. K 169 
 
 Dylar's Estate, 1 Jur. (N. S.) 975, 
 
 T. C. W 142 
 
 E. 
 
 Earl Hardwicke, £Ix parte. Be 
 Eastern Counties Railway, 17 
 Law J. (Ch.) 422 ; s. c. 12 Jur. 
 508, v. 0. of England . . 129 
 
 PAGE 
 
 Earl's Trust, Be, 4 K. & J. 300 . 26 
 
 East, Be, 2 W. E. Ill ; s. c. 22 Law 
 T. 197, Y.C.W. . . . 141 
 
 East Bergholt, Be, 2 Eq. Rep. 90 . 62 
 
 Eastern Counties Railway Com- 
 pany, Ex parte, 5 E. C. 210, 
 V.C. of England . . .129 
 
 Eastern Counties Railway Com- 
 pany, Be the. See &c parte 
 Peyton .... 126,131 
 
 Eastern Counties Railway Com- 
 pany, Be, Mc parte the Vicar 
 of Sawston, 27 Law J. (Ch.) 765 ; 
 s. c. 4Jur. (N.S.)473; 6 W. R. 
 492 ; 31 Law T. 129, V. C. K. . 131 
 
 Eastern Counties Railway Com- 
 pany V. Tufnell, 3 R. C. 133, 
 Y,C. Wigram . . .130 
 
 Ecclesall, Be the Overseers of, 16 
 Beav. 297 .... 47 
 
 Edmeade's Estate, Be, 8 W. E. 327; 
 8. 0. 3 Law T. (N. S.) 73 ; 6 Jur. 
 (N. S.) 986, M. R. . . . 145 
 
 Edwards' Estate, Be, 4 W. E. 801, 
 M. R 170 
 
 Egremont, Be Lord, 12 Jur. 618, 
 V. C. of England . . .122 
 
 Eldridge, Be, 12 Beav. 387 . . 93 
 
 Electric Telegraph Company v. 
 Sou, 11 Jur. 273, Y. C. Shad- 
 well 29 
 
 Ellerthorpe, Be, 18 Jur. 669, V. 
 C. K 207 
 
 Ellison's Estate, Be, 1 Jur. (N. S.) 
 1165 ; s. c. 26 Law J. (Oh.) 379-; 
 26 Law T. 134, V. C. S. ; on 
 App. 2 Jur. (N. S.> 293 ; s. e. 
 25 Law J. (Ch.) 379; 26 Law T. 
 ,267, L. L. J 143 
 
 Ellison's Trust, Be, 2 Jur. (N. S.) 
 62, V. 0. W. . . 234, 239 
 
 Ellis's Settlement, Be, 24 Beav. 
 426 226 
 
 Ellis V. Guitton, 18 Law T. 269, 
 V. C. Pai-ker . . _ .191 
 
 Elmslie, Be, 12 Beav. 538 . . 97 
 
 Entwistle v. Cannon, 4 W. R. 450, 
 V. C. K 190 
 
 Erskine's Trusts, Be, 1 K. & J. 302 175 
 
 Eton College, Ex parte, 15 Jur. 
 45; s. c. 20 Law J. (Ch.) 1, 
 L- C 140 
 
 Eton College, Be, 1 Law T. (N. S.) 
 91, V. C. W. . . . 128 
 
 Evans, Be, 2 M. & K. 318 . . 66 
 
TABLE OF GASES. 
 
 XSXlX 
 
 Evans, Se, 15 Law J. (Ch.) 115, 
 M. R. 90 
 
 Evans v. Evans. See Evans v. 
 
 Saunders . . . 190, 193 
 
 Evans v. Saunders, and Evans v. 
 
 Evans. 1 Dr. 415, 654 ; s. c. 22 
 
 Law T. 43 , . . 190, 193 
 Everett, Be, 12 Beav. 485 . . 159 
 Eyre, Se, 10 Beav. 569 ; s. c. on 
 
 App. 2 Ph. 367 .. . 86 
 
 Eyre's Settled Estates, Se, 4 K. & 
 
 J. 268; s. c. 31 "Law T. 79 . 277 
 Eyre v. Saunders, 4 Jur. (N. S.) 
 
 830, V. C. W. . . . 276 
 
 Fagg's Trust, Be, 19 Law J. (Ch.) 
 
 175, V. C. of England . . 162 
 Farrant's Trust, Be, 20 Law J. 
 
 (Ch.) 532, V. C. K. B. . . 254 
 Fellows' Settlement, Be, 2 Jur. 
 
 (N. S.) 62, y. C. W. . 233, 259 
 Feltham's Trusts, Be, 1 K. & J. 
 
 628 178 
 
 Fenwicfc v. Eeed, Mad. & Geld. 7 32 
 Field's Trust, Be, 16 Beav. 146 ; 
 
 s. c. 16 Jur. 770 . . . 177 
 Finch, Be, Ex parte Barton, 4 De 
 
 G. M. & G. 108; s! c. 22 Law 
 
 J. (Ch.) 670; affirming s. c. 
 
 16 Beav. 585 . . . 89, 104 
 Fisher, Ex parte. See Be Smith . 179 
 Fisher, Be, 18 Beav. 183 . . 85 
 Fisher's Will, Be, 1 W. E. 505, 
 
 V. C. W 240 
 
 Flack's Trusts, Be, 10 Hare, App. 
 
 30 167 
 
 'EXa.ma.iik, Ex parte, 1 Sim. (N. S.) 
 
 260 127 
 
 Fletcher, Ex parte, 17 Law J. 
 
 (Ch.) 169; s. c. 12 Jur. 619, 
 
 V. C. K. B 176 
 
 FUtcroffc, Be, 1 Jur. (N. S.) 418, 
 
 V. C. W 219 
 
 Flower, Be. See Be Becte and 
 
 Flower 85 
 
 Foley, JJc^arie, 11 Beav. 456 . 84 
 Foley, Ex parte, 8 Sim. 395 ; s. c. 
 
 8 Law J. (Ch., N. S.) 56 . . 217 
 Ford's Charity, 3 Drewry, 324 . 44 
 Forster, Be, 1 Law T. (N. S.) 160, 
 
 V. C. W 84 
 
 PAQH 
 
 Forster's Settled Estates, Be. See 
 
 Be Foster's Settled Estates . 291 
 Foster, Be, 6 Jur. (K. S.) 687; 
 
 s. c. 2 Law T. (N. S.) 553; 
 
 8W. R. 620; 29 Law J. (Ch.) 
 
 625, L. L. J 108 
 
 Foster's (or Forster's) Settled Es- 
 tates, Se, 24 Beav. 222 ; on App. 
 
 1 De G. & J. 386 ; s. c. 26 Law 
 
 J. (Ch.) 836; 3 Jur. (N. S.) 833; 
 
 5 W. R. 726 ; 29 Law T. 256 . 291 
 Foster v. Dawber, 8 W. R. 646, 
 
 V. C. K 239 
 
 Fowler J). Churchill, 2 Dowl. (N. S.) 
 
 768 161 
 
 Fozard's Trust, Be, 24 Law J. (Ch.) 
 
 441; s. c. 25 Law T. 5; 3 W. E. 
 
 341, L. L. J 173 
 
 Franklin, i?e. See iJe Porter's Will 203 
 Franklin's Settled Estate, Be, 7 
 
 W. E. 45, V. C. S. . . 281 
 
 Freer, Ex parte, 11 Law T. 471, 
 
 V. C. of England . . .125 
 Fremiugton School, Be, 10 Jur. 
 
 512, V. 0. K. B. . . . 47 
 French, ^^arte, 7 Sim. 510 . 306 
 Frith, Ex parte, 5 De G. & S. 278 220 
 Frost's Settlement, Be, 17 Jur. 644, 
 
 V. C. K. B 240 
 
 Fulham, Ex parte Minister &c. of. 
 
 See Se Chelsea Waterworks 
 
 Company .... 131 
 Fuller's Settlement, iJe, Feb. 10th, 
 
 1860, V. C. S., cited, Morgan, 283 265 
 Fynn, Be, 2 De G. & S. 457 62, 64 , 
 Fyson, Se, 9 Beav. 117 . . 88 ' 
 
 G. 
 
 Garlick v. Lawson, 10 Hare, App. 
 
 1, 14 194 
 
 Gartside's Estate, Se, 1 W. E. 196, 
 
 V. C. W 236 
 
 Gedye, iJe,,14 Beav. 56; s. c. 21 
 
 Law J. (Ch.) 430 . 95, 96, 103 
 
 Gedye, Be, 15 Beav. 254 . 93, 95 
 Gedye, Be, 23 Beav. 347 . . 80 
 Glazbrook v. Gillatt, 9 Beav. 492 . 7 
 Gloucester Charities, Be the, 10 
 
 Hare, App. 3 ... 61 
 
 Gloucester, Ex pa/rte the Dean and 
 
 Chapter of, 19 Law J. (Ch.) 
 
 400 ; 8. c. 15 Law T. 620 ; 15 
 
 Jur. 239, V. C. K. B. . . 137 
 
TABLE OF CASES. 
 
 Goddard v. Maoaulay, 6 Ir. Eq. 
 
 Eep. 221 ... . 207 
 Godfrey's Trust, Be, 2 Ir. Ch. Eep. 
 
 105 162 
 
 Godley, Se, 10 Ir. Eq. Eep. 222 . 129 
 Qodmanchester Grammar School, 
 
 Jie the, 15 Jur. 833, V. C. K. B. 47 
 Goe's Estate, Be, 3 W. E. 119, 
 V. C. S. . ... . 140 
 
 Goode V. West, 9 Hare, 378 ; s. t. 
 16 Jur. 1025 . . . .160 
 
 Goodfellow, Be, 1 W. E. 446, Y.C. W. 191 
 Good Intent Benefit Society, Be 
 
 the, 2 W. E. 671, V. 0. K. . 203 
 Gosling V. Gosling, John. 265 . 194 
 Gover v. Stillwell, 21 Beav. 182 . 18 
 Grant, Mc parte, 6 Ves. 612 . 295 
 
 Grant v. Yea, 3 M. & K. 246 . 304 
 Gravenor, Be, 1 De G. & S. 700 . 304 
 Graydon, Be, 1 M. & G. 655 303, 305 
 Great Northern Kailway Company, 
 Ux parte, 16 Sim. 169 ; s. c. 5 
 E. C. 269; 12 Jur. 885 ; 17 Law 
 J. (Ch.) 314; on App. 5 E. C. 
 272 ; B. e. 12 Jur. 887 ; 11 Law 
 
 T. 285, L. C 144 
 
 Great Northern Eailway Com- 
 pany's Act, Be the, Ex parte the 
 Mayor &c. of Lincoln, 6 E. C. 
 738 ; B. c. 16 Jur. 756 ; 21 Law 
 J. (Ch.) 621, V. C. P. . . 136 
 Great Southern and Western Eail- 
 way, Be, 9 Ir. Eq. Eep. 482 . 123 
 Greaves, iJe, 23 Law T. 53; s. c. 
 , 2Eq.Eep.516,L. C.andL.L.J. 5 
 Green, Be, 2 Coll. 91 . . . 253 
 Green's Trust, Be, 6 Jur. (N. S.) 
 530; s. c. 8 W. E. 403; 2 Law 
 T. (N. S.) 275 ; 29 Law J. (Ch.) 
 716, V. C. K. . . . 310 
 
 Green i). Thompson. See Be 
 
 Thompson's Settled Estates . 277 
 Greenland's Trusts, Be, 1 W. E. 
 
 46, V. C. T 178 
 
 Greenwood is. Sutherland, 10 Hare, 
 
 App. 1, 12 . . . 193 
 
 Gregg V. Taylor, 1 Beav. 123 . 85 
 Greive, Ex parte, 5 De G. & S. 
 
 436, note, V. C. K. . . 219 
 Grey v. Jenkins, 26 Beav. 351 . 272 
 Groom, Be, 1 Hare, 38 . .62 
 Grove v. Sansom, 1 Beav. 297 . 85 
 Grundy v. Buckeridge, 22 Law J. 
 (Ch.) 1007; s. c. 17 Jur. 731, 
 T. C. W 233 
 
 GuibeH, Be, 16 Jur. 852, M. E. . 238 
 Quilden Sutton, Ex parte the In- 
 cumbent of, 2 Jur. (N. S.) 793, 
 
 L. L. J 139 
 
 Gustard's Settlement Trusts, Be, 
 July 31st, 1854, cited, Darling 
 on the Trustee Eelief Act, 6 .157 
 
 H. 
 
 Hadland's Settlement, Be, 23 
 
 Beav. 266 ; s. c. 4 W. E. 690 
 
 177, 299 
 Hadley, Ex parte, 5 De G. & S. 
 
 67 235, 258 
 
 Hadwen's Settled Estates, Be. See 
 
 Be Brealy's Settled Estates 285, 291 
 Haggitt V. Iniff, 5 De G. M. & G. 
 
 910 ; s. c. 1 Jur. (K S.) 49 . 26 
 Hair, Be, 11 Beav. 96 . . 87 
 
 Haire v. Lovitt, 12 Law T. 306, 
 
 M. E 140 
 
 Hakewill, Ex parte, 3 De G. M. & 
 
 G. 116 62 
 
 Hallett, Be, 21 Beav. 250 . . 100 
 Hall's Charity, Be, 14 Beav. 115 . 47 
 Halsall, Be, 11 Beav. 163 . . 83 
 Hamersley's Settlement, Be, 23 
 
 Beav. 267 . . . 177,299 
 Hampstead Junction Eailway, Be, 
 
 Ex parte Dean and Chapter of 
 
 Westminster, 26 Bear. 214; b. 
 
 c. 5 Jur. (N. S.) 232 ; 7 W. E. 
 
 81 ; 32 Law T. 115 . . 122 
 
 Ham's Trust, Be, 2 Sim. (N. S.) 
 
 106 ; s. c. 5 Jur. 1121 . . 180 
 Hancox v. Spittle, 3 Sm. & G. 
 
 478 226 
 
 Handley v. Davis, 28 Law J. (Ch.) 
 
 873 ; 8. c. 5 Jur. (N. S.) 190, 
 
 T. C. S 181 
 
 Hansford, Be, 7 W. E. 199, 254, 
 
 V. C. W 174 
 
 Harborough, Ex parte, 17 Jur. 
 
 1045 ; s. c. 22 Law T. 115 ; 23 
 
 Law J. (Ch.) 260, V. C. K. . 127 
 Harding, Be, 10 Beav. 250 . . 91 
 Hardy's Estate, Be, 18 Jur. S70 ; 
 
 s. c. 2 Eq. Eep. 634 ; 23 Law 
 
 T. 126, V. C. K. . . .143 
 Hargrave's Estate, Be, 23 Law T. 
 
 139, V. C. S 134 
 
 Hargreave's Settled Estates, Be, 
 
 28 Law J. (Ch) 197; s. c. 7 
 
TABLE OF CASES. 
 
 xli 
 
 PAOE 
 
 W. E. 156 ; 5 Jnr. (N. S.) 60, 
 
 V. G. S 284 
 
 Hargreaves v. Wright, 1 W. E. 
 408, V. 0. W. . . .223 
 
 Harper, £e, 10 Bear. 284 . . 91 
 
 Harrison, ife, 10 Beav. 57 . . 89 
 
 Harrison's Trusts, He, 22 Law J. 
 (Ch.) 69, M. R. . . . 237 
 
 Harris's Trust, Se, 18 Jur. 721 ; 
 s. c. 2 W. R. 442, T. C. W. . 171 
 
 Harte Estates, Be the Duke of 
 Cleveland's. See Cleveland's, 
 Be the Duke of, Harte Estates, 5, 141 
 
 Harte Estates, Be Duke of Cleve- 
 land's, Ex parte Milbank. * See 
 Cleveland's, Be the Duke of, 
 Harte Estates, Bx parte Mil- 
 bank 280 
 
 Hartnall, Be, Ex parte Hodges, 5 
 De G. & S. Ill ; s. c. 16 Jur. 
 33, where a difiwent report 220, 225 
 
 Harvey, Be, M. R., 30th July and 
 7th Dec, 1852, M. S., Seton, 418 211 
 
 Harvey v. Claxk, 25 Beav. 7 . 273 
 
 Hawes v. Bamford, 9 Sim. 663 . 22 
 
 Hawke's Trust, Be, 18 Jur. 33, 
 Y. C. K. . . . . 166 
 
 Hawkins v. Perry, 25 Law J. (Ch.) 
 656 ; s. c. 4 W. E. 686, L. L. J. 256 
 
 Hazeldine,Be,16Jur. 853,V.C.T. 241 
 
 Headington's Trust, Be, 27 Law J. 
 (Ch.) 176; 8. c. 6 W. E, 7, 
 V..C.K 163 
 
 Heath, Be, 9 Hare, 616 ; s. c. 22 
 Law J. (Ch.) 110 . . .243 
 
 Heming's Trusts, Be, 3 K. & J. 
 40; s. c. 26 Law J. (Ch.) 106 ; 
 2 Jur. (N. 8.) 1186 ; 5 W. E. 33 176 
 
 Hemingway, Be, 33 Law T. 103 ; 
 8. e. 7 W. E. 279, V. G. W. . 273 
 
 Hemming, Ex parte, 28 Law T. 
 144 91 
 
 Herbert's WUl, Be, 8 "W. E. 272, 
 V. C. W 241 
 
 Hertford Charity, Be, 19 Beav. 
 518, note . . . 18,179 
 
 Hertford, Marquis of, v. Suisse, 7 
 Beav. 160 .... 7 
 
 Hewetson v. Todhunter, 2 Sm. & 
 G. App. 2 ; 8. c. 2 W. E. 298 ; 
 22 Law T. 315 ... 24 
 
 Hewitt, Be, 27 Law J. (Ch.) 302, 
 Full Court of Appeal . . 230 
 
 Hewitt's Estate, Be, 6 W. K. 537, 
 V. C. K 241 
 
 PAGE 
 
 Heya' Will, Be, 9 Hare, 221 . 240 
 
 Hichiu'a Estate, Be, 1 W. E. 505, 
 
 V. C. W 147 
 
 Hill V. Maurice, 1 De G. & S. 214 216 
 Hindle v. Taylor, 5 De G. M. & G. 
 577 ... . . .195 
 
 Hinton, Be, 15 Beav. 192 . . 93 
 Hobler, Be, 9 Jur. 419, M. E. . 16 
 Hodge, .EB^nrte, 16 Sim. 159 . 140 
 Hodges, .Ec parte. See i?e Hartnall, 
 
 220, 225 
 Hodges, Be, 6 W. E. 487, V. C. K. 9 
 Hodges, iJe, 4 De G. M. & G. 491; 
 s. 0. 1 Jur. (N. S.) 73 ; 24 Law 
 T. 226; 3 W. E. 151 . . 156 
 Hodges' Settlement, Be, SK. & J. 
 
 213 ; s. c. 3 Jur. (N. S.) 860 . 172 
 Hodgson's Trust, Be. SeeiBe Hod- 
 son's Will . . . 172, 180 
 Hodson's or Hodgson's Settle- 
 ment, Be, 9 Hare, 118 ; s. c. 20 
 Law J. (Oh.) 561 ; 15 Jur. 652 . 235 
 Hodson's Will, Be, 22 Law J. (Ch.) 
 1055 ; s. c. sub nom. Be Hodg- 
 son's Trust, 18 Jur. 786; 2 W. E. 
 639; 2 Bq. Eep. 1083, T. C. W. 
 
 172, 180 
 Hogan, Be, 3 Atk. 812 . . 25 
 Hoghton Chapel, Se, 2 W. E. 631, 
 
 V. C. W 52 
 
 Holbrook's Will, Be, 8 W. E. 3 ; 
 S.C. 1 LawT. (N. S.) 18; 5 Jur. 
 (N. S.) 1333; 29 Law J. (Ch.) 
 
 200, M. E 242 
 
 Holoombe v. Antrobus, 8 Beav. 
 
 406 7 
 
 Holdeu's Estate, Be, 1 Jur. (N. S.) 
 996; s. c.'26 Law T. 13; 25 
 Law J. (Ch.) 382, note, V. 
 
 C. W 142 
 
 Holland, Be, 19 Beav. 314 ; s. c. 
 
 2 W. E. 514 ; 23 Law T. 203 . 86 
 Holland, Be, 1 Ph. 379 ; s. c. 8 
 
 Jur. 253 ... . 301 
 
 Hollick, Ex pmte, 4 E. C. 498 ; 
 B. c. 16 Law J. (Ch.) 71, 
 
 V. C. K. B 146 
 
 Holme V. Williams, 8 Sim. 557 . 216 
 Hooper's Settled Estates, Be, 5 
 
 W. R. 670, V. C. W. . . 291 
 Hopkin V. Hopkin, 10 Hare, App. 2 26 
 Hordem, Ex parte, 2^De G. & S. 
 
 263 ; s. c. 12 Jur. 846 . . 127 
 Hore's Estate, Be, 5 E. C. 692, 
 y. C. K. B 138 
 
xlii 
 
 TABLE or CASES. 
 
 PAGE 
 
 Hore V. Smith, 14 Jur. 55 ; s. c. 
 
 13 Law T. 399, V. C. K. B. . 140 
 Housman's Trust, Be. See Be Caz- 
 
 neau .... 167, 177 
 Howard, Be, 8 Beav. 424 . . 79 
 Howard, Be, 5 De G. & S. 435 ; 
 
 B. c. 21 Law J. (Oh.) 437; 3 
 
 W. R. 605 . . . . 219 
 Howard v. Prince, 14 Beav. 28 . 5 
 How's Trust, Be, 15 Jur. 266, 
 
 V. C. K. B. . . . 15, 174 
 Hubbard, Be, 15 Beav. 251 . 104 
 
 Hue's Trusts, Be, 27 Beav. 337; 
 
 s. c. 7W.R.662; 5Jur.(N. S.) 
 
 1235 ; 33 Law T. 254 . . 181 
 Huglies V. Wells, 2 W. E. 575, 
 
 V. C. W 250 
 
 Hull and Selby Bailway Company, 
 
 Be the, 5 B. C. 458, M. K. . 139 
 Humphry's Estate, Be, 1 Jur. 
 
 (N. S.) 921, T. C. W. . . 237 
 Hungerford, Be, 1 K. & J. 413 119, 128 
 Hungerford's Trust, Be, 3 K. & J. 
 
 455 134 
 
 Hunt, Be, 18 Law T. 82, M. E. 79, 84 
 Hunt V. Peacock, 6 Hare, 361 . 301 
 
 Hunter v. , 6 Sim. 429 . 17 
 
 Hutchinson's Trusts, Be, 1 Dr. & 
 
 Sm. 27 ; s. c. 8 W. E. 253 ; 29 
 
 La,w J. (Ch.) 356 ; 6 Jur. (K S.) 
 
 136 164 
 
 Hutchinson v. Stephens, 5 Sim. 
 
 498 224 
 
 Hyde, Exparte, V. C.,K. B., 27th 
 
 March, 1851, cited, Seton, 667 . 130 
 
 Ingle, J?e, 21 Beav. 275; 8. c. 1 
 Jur. (N. S.) 1069 ; 25 Law J. 
 (Ch.) 169 ; 26 Law T. 65 . 99 
 
 Ingram, Be, 18 Jur. 811 ; s. c. 2 
 
 W. E. 679, V. C. K. . . 177 
 Irby, Be, 17 Beav. 334 . . 171 
 Isaac, Be, 4 My. & Cr. 11 . 19, 296 
 Isaac. Wood, i?e,,3 My. & Cr. 266 305 
 
 J. 
 
 Jackson v. Cassidy, 10 Sim. 326 . 27 
 Jackson v. Craig, 20 Law J. 
 (Ch.) 204 ; s. c. 15 Jur. 811, 
 V. C. K. B 195 
 
 Jarvis's Charity, Be, 1 Dr. & Sm. 
 
 97 ; 8. 0. 7 W. E. 606 . . 44 
 Jay, Be, 1 Hayes' Conv. 473; 
 
 Ince, 97 224 
 
 Jephson, Be, 1 Law T. (N. S.) 5, 
 
 V. C. W 165 
 
 Joad V. Bipley, 3 Jur. (IS. S.) 432 ; 
 
 B. 0. 29 Law T. 122, V. C. S. . 154 
 Job, Ex parte. Be the Nantle Tale 
 
 Slate Co., 33 Law T. 5, M. E. . 27 
 Jones, Be, 8 Beav. 479 . . 82 
 Jones, Be, 3 Dr. 679; 8. c. 5 
 
 W. E. 336 . . . . 163 
 Jones's Settled Estates, Be, 24 
 
 Law J. (Ch.) 604; s. o. 1 Jur. 
 
 (IS. S.) 817; 25 Law T. 223; 6 
 
 W. E. 614, V. C. S. ; on App. 
 
 Ibid. 762, L. L. J. . . • . 143 
 Jones's Settled Estates, Be, 6 Jur. 
 
 (N. S.) 188, 664 ; s. c. 7 W. E. 
 
 171, 623, T. C. S. . . . 273 
 Joues'i;. Lewis, 1 De G. & S. 245 5 
 Jones V. Eoberts, 8 Sim. 397 . 83 
 Joseph's Will, Be, 11 Beav. 
 
 625 ... . 159,162 
 
 K. 
 
 Keen, Be, 7 W. E. 577, V. C. K. . 8 
 Ker, Be, 12 Beav. 390 . . 97 
 
 Kidderminster, Ex parte the 
 
 Vicar of, 7 W. E. 482, V. 0. K. 139 
 King's College, Cambridge, Ea 
 
 parte, 5 De G. & S. 621 . . 140 
 King V. Smith, 6 Hare, 473 . 257 
 
 Kinneir, Be, Ex parte Price, 5 
 
 Jur. (N. S.) 423; s. c. 32 Law 
 
 T. 262 ; 7 W. E. 176, V. C. S. 
 
 102, 104 
 Kirkby Eavensworth Hospital, 
 
 Exparte, 15 Ves. 305 . . 37 
 Knight's Trusts, Bt, 27 Beav. 45 ; 
 
 s. c. 5 Jur. (N. S.) 326; 28 Law 
 
 J. (Ch.) 625 ; 33 Law T. 64 . 180 
 
 L. 
 
 Lambert v. Newark, 3 De G. & 
 S. 406 9 
 
 Lambeth, Ex iparte Rector of, 
 4 E. C. 231, L. C. . . , 124 
 
 Lancaster, &e., Eailway, Be. See 
 Be. Yeates . . . 129, 141 
 
TABLE OF CASES. 
 
 xliii 
 
 PAGE I 
 
 Lane v. Debenham, 17 Jur. 1005, 
 V. C. W 
 
 Lane's Trust, Re, 24 Law T. 181 ; 
 a. c. 3 W. R. 134, V. 0. W. . 
 
 Langhorn v. Langhorn, 21 Law J. 
 
 (ch.) 860, y. C. P. 
 
 Lavell, ^jpcsrte, 2 J. & W. 397 . 
 
 Law and Gonld, Re, 21 Beav. 481 
 
 Lazarus, Re, 8 K. & J. 555 . 
 
 Lea's Trust, Re, 6 W. E. 482, 
 V. C. W 
 
 Lee V. the Bank of England, 8 
 Ves. 44 
 
 Lee ». Head, 1 K. & J..620 ^ 
 
 Lees, Re, 5 Beav. 410 
 
 Legge's Estate, Re, 8 W. R. 559, 
 V. C. S 
 
 Legge's Settled Estates, Re, 6 
 W. R. 20, V. C. K. . 
 
 Legh, Ex parte, 15 Sim. 445 
 
 Leicester, Ex parte, S Ves. 432 
 
 Levett's Trust, Re, 5 De G. & S. 
 619; s. c. 16 Jut. 1063; 19 
 Law T. 244 . 
 
 Lewes, Re, 1 M. & G. 23 . 
 
 Lewin, Re, 16 Beav. 608 ; s. o. I 
 ■W.R.269 .... 
 
 Lewis V. Hillman. See Re Bloye's 
 Trusts ..... 
 
 Lincoln, Ex parte the Mayor, &o., of. 
 See Re the Great Northern Rail- 
 way Company's Act 
 
 Lingen, Re, 12 Sim. 104 
 
 Lister's Hospital, Re, 6 De G. M. 
 & G. 184 ; s. 0. 4 W. R. 156 ; 26 
 Law T. 192 . . 
 
 Little Steeping, Ex parte the Rec- 
 tor of, 5 R. C. 207, V. C. of B. . 
 
 Liverpool, &c.. Railway, Re, 17 
 Beav. 392 .. . 141, 146 
 
 Lloyd's Ti-nst, Re, 2 W. R. 371, V. 
 C. K 
 
 Lockhart v. Hardy, 4 Beav. 224 . 
 
 Loskwood, Ex parte, 14 Beav. 158 
 
 London, Ex parte the Bishop of, 
 8 W. R. 465, 714 ; s. c. 29 Law 
 J. (Ch.) 575; 6 Jur. (N. S.) 640 
 2LawT. (N. S.) 365; 3 Ibid 
 224, L. L. J. . 
 
 London, Brighton, &c.. Railway 
 Company, Re, 18 Beav. 608 
 s. c. 23 Law T. 216 . 
 
 London & Brighton Railway Com 
 pany v. Shropshire Union Rail- 
 way, &C., Co., 23 Beav, 605 
 
 193 
 
 178 
 
 221 
 
 301 
 
 86 
 
 180 
 
 229 
 
 225 
 
 195 
 
 79 
 
 118 
 
 272 
 56 
 27 
 
 167 
 255 
 
 96 
 
 167 
 
 136 
 
 295 
 
 44 
 137 
 
 171 
 
 83 
 
 133 
 
 126 
 
 132 
 
 142 
 
 London, Chatham,* Dover Railway 
 Company, Ex parte the, 8 W. 
 R. 636; s. c. 3 Law T. (N. S.) 
 237, V. C. W 144 
 
 London & S. Railway, Re the, 16 
 Sim. 165 .... 144 
 
 Long's Estate, Re, 1 W. R. 226; 
 s. c. 20 Law T. 305, Y. C. S. . 139 
 
 Longstaffe's Settled Estates, Re, 8 
 W. R. 491, V. C. K. . . 284 
 
 Longwoth's Estate, Re, 1 K. & J. 
 1 ; ?. c. 2 Eq. Rep. 776 . . 128 
 
 Lonsdale's Trust, Re, 14 Jur. 
 1101, V. C. K. B. . . . 243 
 
 Lorimer, Re, 12 Beav, 521; s. c. 
 
 _^ 19LawJ. (Ch.) 524; 14Jur. 1126 177 
 
 Loughborough, Re, 23 Beav. 439 81, 82 
 
 Loveband's Settled Estates, Re, 9 
 W. R. 12; s. c, 30 Law J. (Ch.) 
 94, V. C. S 140 
 
 Ludlow, Corporation of, v. Green- 
 house, 1 Bl- (N. S.) 62 . .38 
 
 Lunn's Charity, Re, 15 Sim. 464 . 225 
 
 Lyford's Charity, Re, 16 Beav. 
 297, note ... . .47 
 
 M. 
 
 Macanlay, Ex parte, 23 Law J. 
 
 (Ch.) 815 ; s. c. 2 W. R. 667 ; 
 
 23 Law T. 263, L. L. J. . . 135 
 Mackenzie v. Mackenzie, 5 De G. 
 
 & S. 338 ; s. c. 21 Law J. (Ch.) 
 
 385 ; 16 Jur. 723 . .. . 222 
 Magdalen Land Charity, Re, 9 
 
 Hare, 624 . .. . .48 
 Mahqn's Trust, Re, 9 Hare, 459 . 26 
 Mainwaring, Re, 26 Beav. 172; 
 
 B. 0. 28 Law J. (Ch.) 97 ; 5 Jur. 
 
 (N. S.) 52 ; 32 Law T. 164 . 250 
 Mais, Re, 21 Law J. (Ch.) 875; 
 
 s. c. 16 Jur. 608, V. 0. K. . 237 
 Mallin's Settled Estate, Re, 6 Jur. 
 
 (N. S.) 809, L. C. . . . 288 
 Man V. Ricketts, 7 Beav. 93 . 32 
 
 Manby v. Bewicke, 2 Jur. (IST. S.) 
 
 672, L. L. J 29 
 
 Manchester New College, Re, 16 
 
 Beav. 610 . . . .45 
 Manchester, &c.. Railway, Re the. 
 
 See Ex parte Corporation of 
 
 Sheffield . . . 126, 129 
 Manning's Trusts, Re, Kay, App. 
 
 28 221 
 
xliv 
 
 TABLE OP CASES. 
 
 Hanson's Settled Estates, Be, 24 
 
 Beav. 221 ... . 291 
 Mant 0. Smith, 4 H. & N. 324; 
 
 8. c. 28 Law J. (Ex.) 234 . 83 
 
 Markwell's Legacy, Re, 17 Beav. 
 
 618 163 
 
 Marlborough's Estates, Se the 
 
 Duke of, 13 Jur. 738, V. C. of 
 
 England ; s. c. on App. 15 Law 
 
 T. 341, Lords, Comm. . . 121 
 Marlborough Grammar School, 
 
 Be the, 7 Jur. 1047, L. C. . 41 
 Marrow, Be, Cr. & Ph. 142 . . 14 
 Marshall, Ex parte, 3 De G. & S. 
 
 670 243 
 
 Marshall, Ex parte. See Be 
 
 Stuart 256 
 
 Marwick, Ex parte. See Be 
 
 Story 88 
 
 Mash, Be, 15 Beav. 83 . . 104 
 Mason's Settled Estates, Re, 2i 
 
 Beav. 222 ... . 291 
 Masselin's Trusts, Be, 21 Law J. 
 
 (Ch.) 53 ; s. 0. 15 Jur. 1073, V. 
 
 C. P 155 
 
 Massie v. Drake, 4 Beav. 433 . 88 
 Matsou V. Swift, 14 Law J. (Ch.) . 
 
 364 ; s. c. 9 Jur. 521, M. E. . 12 
 Matthews, Be, 26 Beav. 463 ;"s. e. 
 
 28 Law J. (Ch.) 295; 5 Jur. 
 
 (N. S.) 184; 32 Law T. 289; 
 
 7 W. R. 224 . . . . 236 
 Matthew's Settlement, Re, 2 W. 
 
 H. 86; s. u. 22 Law 211, V. 
 
 C. W 239 
 
 Maude v. Maude, 6 De G. & S. 
 
 418 8 
 
 Maynard, Be, 16 Jur. 1084, V. 
 
 C. S 240 
 
 Mee^ V. Ward, 10 Hare, App. 1 . 26 
 Melling J). Bird, 17 Jur. 165; s. c.- 
 
 22 Law J. (Ch.) 699 ; 1 W. R. 
 
 219 ; 20 Law T. 303, V. C. K. 120 
 Mennard v. Welford, 1 S. & G. 426; 
 
 s. c. 22 Law J. (Ch.) 1053 . 238 
 Merry, Be, 1 M. & K. 677 . . 252 
 Meyrick's Estate, Be, 9 Hare, 116 228 
 Meyrick v. Lawes, 5 W. R. 746, 
 
 M. R 294 
 
 Mid Kent Railway Act, 1856, Be, 
 
 Ex parte &ty3.n, John. S8t7 . 132 
 Midland Counties Railways. Calde- 
 
 cott, 2 E. C. 394, V. C. of Eng- 
 land 130 
 
 Midland Counties Railway v. 
 
 Westoomb, 11 Sim. 67 ; s. c. 2 
 
 R. C. 211; 9 Law J. (Ch. N. S.) 
 
 324 130 
 
 Midland Railway Company, Be, 
 
 11 Jur. 1096, M. K. . . 133 
 
 Mildmay v. Lord Methuen, cited, 
 
 14 Beav. 121, note . . . 47 
 Miller's Trusts, Be, 6 W. E. 238, 
 
 V. C. K 164 
 
 Miller v. Knight, 1 Keen, 129 . 206 
 Mills, Be, 1 De G. & S. 643 . 102 
 
 Milltown, Lord, v. Stuart, 8 Sim. 
 
 34 .... 12,28 
 
 Milward, Ex parte the Devisees 
 
 of, 1 LawT. (N. S.) 163; s. c. 
 
 29 Law J. (Gh.) 246; 6 Jur. 
 
 (N. S.) 478, M. R. . . . 145 
 Minchin's Estate, Be, 2 W. R. 179, 
 
 Y.C.W 229 
 
 Mitchell V. Cobb, 17 Law T. 25, 
 
 V. C. Lord Cranworth . . 162 
 Mobbs, Ex parte, 8 Beav. 499 . 83 
 Mockett'sWill, Be, John. 628; s. c. 
 
 29 Law J. (Ch.)294; 8 W. R. 
 
 235 ; 6 Jur. (N.S.) 142 ; 1 Law 
 
 T. (U. S.) 436 . . 309, 310 
 Molony, iJe, I'John. & Hem. 249; 
 
 s. c. 3 Law T. (N. S.) 465; 
 
 9 W. R. 68 . . . . 301 
 Money, Be, 13 Beav. 109 ; s. c. 15 
 
 Jur. 51 ; 20 Law J. (Ch.) 274 . 156 
 Moons V. De Bernales, 1 Euss. 301 35 
 Morgan, Be, cited, Seton, 420 . 207 
 Morriington, Ex parte the Count- 
 ess of, 4 De G. M. & G. 537 . 219 
 Moss, Be, 17 Beav. 69. . . 85 
 Mostyn, Be, 1 Law T. 251, Y. C. 
 
 of England . . . .306 
 Mountain v. Young, 18 Jur. 739, 
 
 V. C.W 165 
 
 Muggeridge's Trusts, Be, John. 
 625; s. c. 29 Law J. (Ch.) 288; 
 8 W. R. 234; 6 Jur. (S. S.) 192 ; 
 1 Law T. (N. 8.) 436 . 309, 310 
 Mundel's Trust, Be, 2 Law T. 
 (N. S.)663;s. c. 8 W. R. 683; 
 6 Jur. (N. S.) 880, M. R. . 211 
 
 Nash, Be, 26 Law J. (Ch.) 20; s. c 
 1 Jur. (N. S.) 1082, V. C. S. 126, 141 
 
TABLE OF CASES. 
 
 xlv 
 
 Nash's Estate, Be, 4 W. E. Ill ; 
 s. c. sub nom. JEx parte Cave, 
 26 Law T. 176, V. C. W. . 144 
 KeacheU's Trusta,ife,3 W. E. 634; 
 B. c. 25 Law T. 280 ; 25 Law J. 
 (Ch.) 382, note, V. C. K. . 142 
 Neate, Be, 10 Beav. 181 . . 89 
 Neddy Hall's Estate, Be, 17 Jur. 
 29; s. e. 22 Law J. (Oh.) 177, 
 L. L. J. ; also 2 De G. M. & G. 
 748, where, howeTer, report in- 
 correct 34 
 
 Newman, Be, 2 My. & Or. 112 . 305 
 Newport, &c., Eailway, Ex parte, 
 
 11 Jnr. 160, V. C. of Bngbnd . 123 
 Newton's Charity, Be, 12 Jur. 
 
 1011, L. 47 
 
 Newton's Will, Be, 8 W. B. 425; 
 
 s.c.2LawT. (N.S.)342,L.L.J. 23 
 Nokes V. "Warton, 5 Beav. 448 . 92 
 Norfolk Eailway Company, Ex 
 parte the, March 3rd, 1860, 
 cited, 1 Dr. & S. 48 . . 141 
 
 Norris v. Wright, 14 Beav. 291 . 306 
 Northwick, Exparte, 1 T. & Coll. 
 
 (Ex.) 166 ... . 132 
 Nowell V. Whitaker, 6 Beav. 407 7 
 Noyes' Settled Estates, Be, 6 W. 
 E. 7, T. C. K. . . . 285 
 
 O. 
 
 Oakam and Uppingham Grammar 
 Schools, Ex parte Governors of, 
 23 Law T. 251, T. C. K. . 144 
 
 Ommaney, .Er parte, 10 Sim. 298 . 258 
 
 Ord's Trust, Be, 3. W. E. 386, V. 
 C. W. . . . • -239 
 
 Ormerod, Be, 3 De Q. & J. 249; 
 s. c. 28 Law J. (Ch.) 55 ; 4 Jur. 
 (N. S.) 1289; 7 W. E. 71 . 241 
 
 Osbaldiston, Ex parte, 8 Hare, 31 118 
 
 Osborne, Be, 25 Beav. 353 : s. c. 4 
 Jur. (N. S.) 296 ; 27 Law J. 
 (Ch.) 532; 6 W. E. 401 ; 31 Law 
 T. 79 81 
 
 Otte «. Castle, IW.E. 64, V.C.S. 155 
 
 P. 
 
 Painter, Ex parte, 2 Deac. & Ch. 
 584 240 
 
 Palmer, Ex parte, 13 Jur. 781, V. 
 
 C. of England . . .130 
 Palmer v. Simmonds, 1 W. E. 122, 
 
 V. C. K 192 
 
 Palmerston, Ex parte Lord, 4 E. 
 
 • C. 67, note,:iT. C. of England . 140 
 
 Parby's Settlement, Be, 29 Law T. 
 
 72, V. C. K. . . . 254, 259 
 Parker, iJe; 2 W. E. 139 . . 169 
 Parke's Charity, Be, 12 Sim. 329 47 
 Parke's Trust, Be, 21 Law T. 218, 
 
 V. C. S 234 
 
 Parry, Be, 6 Hare, 306 ; s. c. 12 
 
 Jur. 721 . . . .158 
 
 Parry's Trust, Be, 12 Jur. 615, V. 
 
 C. of England . . .179 
 
 Pasmore, Be, 1 Beav. 94 . .84 
 Pearae v. Pearse, V. C. K., June 
 
 26th, 1867, cited, Peachey on 
 
 Settlements, 936, note . . 281 
 Peart, Ex parte, 17 Law J. (Ch.) 
 
 168; s. c. 12 Jur. 620, V. C. 
 
 K. B 176 
 
 Peers, Be, 21 Beav. 520 . . 87 
 PeUe, Be, 25 Beav. 561 . . 87 
 Pender, Be, 8 Beav. 299 ; s. c. on 
 
 App. 2 Ph. 69 . . . 83 
 Penny v. Pretor, 9 Sim. 135 . 216 
 Perkins, Be, 8 Beav. 241 . . 83 
 Perks' Estate, Be, 1 Sm. & G. 
 
 545 ;s. c. 7E. C. 605 . . 118 
 Perry's Estate, Be, 1 Jur. (N. S.) 
 
 917; s. c. sub nom. iSe Sterry's 
 
 Estate, 3 W. E. 561, V. C. W. . 136 
 Peyton, Ex parte, 2 Jur. (N. S.) 
 
 1013, V. C. S. . . 126, 131 
 
 Peyton's Settlement, Be, 26 Beav. 
 
 317 ; s. c. 27 Law J. (Ch.) 476 ; 
 
 4Jur. (N. S.)370;6W.E. 429; 
 
 on App. 2 De G. & J. 290; s. c. 
 
 27 Law J. (Ch.) 476 ; 4 Jur. 
 
 (N. S.) 469; 6 W. E. 463; 31 
 
 Law T. 127 . . . . 225 
 Phillipott's Charity, Be, 8 Sim. 
 
 881 ... . 46, 51 
 Phillips' Charity, Be, 9 Jur. 959, 
 
 V. C. K. B 47 
 
 Phillips V. Prentice, 2 Hare, 642 ; 
 
 s. c. 12 Law J. (Ch.) 497; 7 
 
 Jur. 528 . . . .22 
 
 PhillpottB, Be, 18 Beav. 84 ; s. c. 
 
 2 W. E. 3 . . . .89 
 Philp, Be, 2 GifF. 35 ; s. c. 3 Law 
 
 T. (N. S.) 208 ; 6 Jur. (N. S.) 
 
 1024;29Law J. (Ch.)866 . 80 
 
xlvi 
 
 TABLE OF CASES. 
 
 Picard v MitcheU, 12 Beav. 486 . 129 
 Pickance's Trust, Be, 10 Hare, 
 
 App. 2, 36 . . . . 262 
 Picton's Estate, Se, 3 W. E. 327 ; 
 
 s. c. 25 Law T/22, V. C. W. . 140 
 Pilgrim, £e. See He Atkinson and 
 
 Pilgrim 100 
 
 Pitt, Me, 1 Jur. (N. S.) 1165; s. e. 
 
 26 Law T. 135, V. C. S. . . 162 
 Pitts, He, 29 Law J. (Ch.) 168, M. 
 
 E 308 
 
 Plenty v. West, 16 Bear. 356 . 234 
 Plyer's Trust, £e', 9 Hare, 220 218, 235 
 Pongerard, Se, 1 De G. & S. 426 ; 
 
 s. c. 11 Jiix. 744 .. . 58 
 Porter's Trust, Se, 25 Law J. 
 
 (Ci.) 482; s. c. 2 Jur. (N. S.) 
 
 349, V. C. W. . . 34, 238 
 
 Porter's Will, Se, 3 W. E. 583; 
 
 s. c. 26 . Law T. 262, and s. o. 
 
 sub nom. Se Franklin, 3 £q. 
 
 Eep. 719, L. C. . . . 203 
 Powell, Se, 4 K. & J. 338 ; s. c. 6 
 
 W.'E. 136 . . . .229 
 Powell B. Matthews, V. C. W.,Eeg. 
 
 Lib. B. 1864, f. 1423, and 1 Jur. 
 
 (N. S.) .973, where, however, 
 
 the case is inaccurately reported 224 
 Primrose, Se, 23 Beav. 690 ; s. c. 
 
 26 "Law J. (Qh.) 666 ; 3 Jur. (K. 
 
 S.)899; 29 Law T. 103; 6 W. 
 
 E. 508 .... 258, 259 
 Procter's Settled Estates, Se, 26 
 
 Law J. (Ch.)464; 3 Jur. (N. 
 
 S.) 534 ; 6 W. E. 643 ; 29 Law 
 
 T. 176, T. 0. S. . . . 272 
 Propert, or Probert, Se, 22 Law J. 
 
 (Ch.) 948 ; s. c. 1 W. E. 237, 
 
 L. L. J 223 
 
 Queen's College, Cambridge, £x 
 parte, 6 W. E, 9, V. C. S. . 179 
 
 E. 
 
 Eadcliffe v. Eccles, 1 Keen, 130 . 206 
 
 Earn, & parte, 3 My. & Or. 26, 301 
 
 Ea,nce, Se, 22 Beav. 177 . . 104 
 Eaudall's Will,iJe, 1 Drewry, 401; 
 
 s. c. 1 W. E. 174 . . . 220 
 
 Eansom, Be, 18 Beav. 220 . . 86 
 
 Be , 8 W. E. 333, L. L. J. . 308 
 
 Eeading Dispensary, Be, 10 Sim. 
 
 118 45 
 
 Eeay's Estate, Se, 1 Jur. QS. S.) 
 
 222 ; s. c. 3 W. E. 312, V. C. K. 33 
 Eeedley's Settled Estates, Be, 5 W. 
 
 E. 649, y. C. K. . . . 291 
 UeeB,'Mx parte, 3 Ves. & B. 10 . 48 
 Bees, Be, 12 Beav. 256 . . 86 
 Eemnant, Se, 11 Beav. 603 . 107 
 
 Eeynault, Be, 16 Jur. 233, L. 0. . 238 
 Ehodes, Be„ 8 Beav. 224 . . . 85 
 Eichards, £Jx parte, 1 J. & \V. 
 
 264 256 
 
 Eichards' Trust, Be, 5 De G. & S. 
 
 636 251 
 
 Eichards v. Platel, Or. & Ph. 79 . 17 
 Eimell v. Simpson, 18 Law J. 
 
 (Ch.)65,V.C. of England . 298 
 Eoberts v. Ball, 24 Law J. (Ch.) 
 
 471, V. C. S. . . . 179 
 
 Eobinson's Trust, Be, 1 Jur. (IS. 
 
 S.).750, y. C. W. . . . 173 
 Eobinsonv. Harrison, 1 Drew. 307; 
 
 B. c. sub nom. Eobinson v. 
 
 Hewetson, or Hewitson, 1 W. 
 
 E. 100;. 20 Law T. 154 . .8 
 EoUe's Charity, Be, 3 De G. M. & 
 
 G. 163 ; s. e. 22 Law J. (Ch.) 
 
 76(J .' . . . . 51 
 Eoss' Trust, Be, 1 Sim. (N. S.) 
 
 196 ; s. c. 16 Jur. 241 ; 20 Law 
 
 J. (Ch.) 293 . . . . 177 
 Eowley v. Adams,- 14 Beav. 130 
 
 219, 263 
 Eowley?). Adams, 16 Beav. 312 . 19, 
 Eoyston Free Grammar School, 
 
 Be, 2 Beav. 228 . . . 46 
 Eoyston Grammar School, Be, 9 
 
 Law J. (S. S., Ch.) 250, L. C. . 38 
 Budyerd's Estate, Se, 6 Jur. {N. 
 
 S.) 816 ; s. c. 3 Law T. ( K. S.) 
 
 232, V. C. S. . . . 125 
 
 Eugby School, Be the, 1 Beav. 
 
 457 46 
 
 Bussell, Ex parte, 1 Sim. (N. S.) 
 
 404; s. c. 20 Law j. (Ch.) 196 238 
 Eyalls V. Beg., 12 Jur. 458, Q. B. 79 
 Eydfi, Se Commissioners of, Mc 
 
 parte Dashwood, 26 Law J. 
 
 (Ch.) 299 ; ». c. 3 Jur. (N. S.) 
 
 103; 28 Law T. 187; 5 W. E. 
 
 125, y. C. K. . . . 120 
 
 Eye's Trust, Be, 1 Jur. (N. S.) 
 
 222 ; s. q. 3 W. E. 198, Y.C.K. 155 
 
TABLE OF CASES. 
 
 xlvii 
 
 S. 
 
 St. Bartholomew's Hospital, Se 
 the Trustees of, 4 Drew. 425 ; 
 s. c. 7 W. E. 224 . . . 128 
 
 St. Giles' and St. George's, Blooms- 
 bury, Be, 25 3eav. 313 ; s. c. 27 
 Law J. (Ch.) 560; 4 Jur. (S. 
 S.) 297 ; 31 Law T. 112 ; 6 W. 
 E. 434 172 
 
 St. Paul's, Ms parte the Precentor 
 of, 1 K. & J. 538 ; s. c. 24 Law 
 J. (Ch.) 395; 1 Jur. (S. S.) 
 444 ; 3 Eq. Eep. 634 . . 138 
 
 St. Thomas's Hospital, JEx jparte, 
 cited, Seton, 664, V, C. K. B. . 146 
 
 St. Thomas's Hospital, Ex parte 
 the Governors of, 7 W. E. 425, 
 "V. C. K 142 
 
 St. Victor V. Devereux, 6 Beav. 
 
 ,584 7 
 
 St. Wenn's Charity, Re, 2 Sim. & 
 St. 66 47 
 
 Salisbury, Re the Bishop of, 16 
 Law T. 122, T. C. Rolfe . 130 
 
 Saloman v. Stalman, 4 Bear. 243 22 
 
 Sanders ». Homer, 25 Beav. 467 ; 
 s. c. 6 W. E. 476 . . . 207 
 
 Sanderson v. Walker, 1 My. & Cr. 
 359 16 
 
 Saumarez, Re, 25 Law J. (Ch.) 
 575 ; s. c. 4 W. R. 658, L. L. J. 252 
 
 Savery, Re, 13 Beav. 424 . . 100 
 
 Saveiy, Re, 15 Beav. 58 . . 103 
 
 Sawston, Ex parte the Vicar of. 
 See ife Eastern Counties Railway 
 Company .... 131 
 
 Sayerc. Wagstaff, 5Beav. 415 . 92 
 
 Schofield, Re, 24 Law T. 322, V. 
 C. K 226 
 
 Scholefield v. Heafield, 8 Sim. 470 216 
 
 Seidler, .Ecjsarte, 12Sim. 106 . 5 
 
 Sharpe's Trust, .Re, 15 Sim. 470; 
 s. c. 17 Law J. (Ch.) 395; 12 
 Jur. 492 ... . 168 
 
 Sharpley's Trust, Be, 1 W. E. 271, 
 V. C. K 229 
 
 Sharshaw v. Gibbs, 18 Jur. 330, 
 V. C. W. . . . ■ 15 
 
 Shaw, Ex parte, 4 Y. & C. Ex. 506 125 
 
 Shaw, Re, cited 11 Sim. 182; 
 Macph. 165 . . • -66 
 
 Sheffield, jEfeiJflsrte Corporation of, 
 21 Beav. 162; s. o, 2 Jur, (N. 
 
 PAGE 
 
 S.) 31 ; 25 Law J. (Ch.) 587 ; 
 
 26 Law T. 146 . . 126, 129 
 Sheffield Town Trustees, Ex parte 
 
 the, 8 W. E. 602, V. C. S. . 129 
 Shepherd v. Churchill, 25 Beav. 
 
 21 . 227 
 
 Shillito V. CoUett, 8 W. E. 683, 
 
 V. C. K; Ibid. 696, L. L. J. 62, 69 
 Shrewsbury School, JJe, 1 M. & G. 
 
 85 .... 18, 258 
 
 Shrewsbury Grammar School, Re, 
 
 1 M. & G. 324 ; a. c. 1 H. & T. 
 
 401 50 
 
 Sidebotham v. Watson, 1 W. R. 
 
 229 ; s. c. 21 Law T. 124, V. 
 
 C. W 187 
 
 Simson's Trusts, Re, 1 John. & 
 
 Hem. 89 ; s. c. sub nom. Re 
 
 Timpson's WUl, 8 W. R. 388 
 
 307, 308 
 Skeat's Charity. See Re the 
 
 Chelsea Waterworks' Act . 132 
 
 Skinner, Ex parte, 2 Meriv. 453 ; 
 
 s. c. 1 Wils. C. C, 14 . . 47 
 Skitter's Mortgage Trust, Re, 4 
 
 W. R. 791, V. C. W. . . 229 
 Sladden, Re, 10 Beav. 488 . . 90 
 Slewringe's Charity, Be, Z. Mer. 
 
 707 50 
 
 Sloper, Re, 18 Beav. 596 . . 233 
 Smallwood v. Rutter, 9 Hare, 24 . 181 
 Smith, Ex parte, 6 R. C. 150, V. 
 
 C. , of England, . . .141 
 Smith, Re,.i Beav. 309 . . 83 
 Smith, Be, 19 Beav. 329 . . 86 
 Smith, Be, Ex parte Fisher, 3 
 
 Jur. (N. S.) 669, V. C. W. . 179 
 Smith V. Boucher, 1 Sm. & G. 72 ; 
 
 s. c. 16 Jur. 1154 . . .221 
 Smith V. Harwood, 1 Sm. & G. 137 16 
 Smith V. Smith, 3 Drew. 72 ; s. c. 
 
 24 Law J.-(Ch.) 229; 18 Jur. 
 
 1047 .... 218, 235 
 Smith V. Stewart, 20 Law J. (Ch.) 
 
 205, V. C. K. B. . . . 195 
 Smyth, Re, 2 De G. & S. 781 . 235 
 South Wales Railway Company, 
 
 Be the, 14 Beav. 418 . . 131 
 Sowry V. Sowry, 2 Law T. (N. S.) 
 
 79; 8. c. 8 W. E. 339 ; 6 Jur. 
 
 (IS. 8.) 337, V. C. S. . . 123 
 Spiller, Be, 6 Jur. (F. S.) 386; 
 
 s. c. 2 Law T; (N. S.) 71, L. L. 
 
 J. ..... 308 
 
xlviii 
 
 TABLE OF CASES. 
 
 PAGE 
 
 Spooner's Estate, He, 1 K. & J. 
 
 220 143 
 
 Stafford Charities, Be the,- 26 
 
 Bear. 567 . . . .51 
 
 Staines v. Giffard, 20 Beav. 484 . 16 
 Stanley v. Wrigley, Eeg. Lib. B. 
 
 1854, f. 467, cited, Inoe, 107 . 207 
 Staples, Me parte, 1 De G. M. & 
 
 G. 294; 8. c. 21 Law J. (Ch.) 251. 118 
 Staples' Settlement, Me, 13 Jur. 
 
 273, V. C. of England . . 177 
 Stapleton v. Stapleton, 17 Law T. 
 
 15, V. C. Lord Cranworth . 190 
 Star V. Newhery, 20 Beav. 14. 191, 195 
 Starke, He, 3 M. & K. 247 . . 306 
 Stephen,iJe. "See .Efc parte Bass 13, 84 
 Sterry's Estate, Re. See Be Perry's 
 
 Estate 136 
 
 SteyeuB, Mc parte, 2 Ph. 772; s. c. 
 
 5E. C. 437; 13 Jur. 2 . 17,144 
 Stevenson, Be, 14 Beav. 27 . 106 
 
 Steward, Be, 1 Drew. 636 ; b. o. 1 
 
 W. E. 489 . . . . 124 
 Stewart, Be, 8 W. E. 297, 425, 
 
 L. L. J. . . . 241, 242 
 
 Stirke, Be, 11 Beav. 304 . . 82 
 Stock, Ex parte, 6 Ir. Ch. Eep. 
 
 341 156 
 
 Storey's Almshouses, Be, 9 Law J. 
 
 (N. S., Ch.) 93 ... 47 
 Story, Be, Ex parte Marwick, 8 
 
 W. R. 15; s. c. 1 Law T. (N. 
 
 S.) 16, M. R. . . . 88 
 
 Straford, Re, 16 Beav. 27 . .78 
 Strong, Be, 26 Law J. (Ch.) 64; 
 
 s. c. 2 Jur. (N. S.) 1241; 28 
 
 Law T. 226, Full Court of App. 264 
 Strother, Re, 3 K. & J. 518; s. c. 
 
 3 Jur. (2Sr. S.) 736 ; 26 Law J. 
 
 (Ch.) 695 ; 30 Law T. 63 81, 105 
 Stuart, Re, Ex parte Marshall, 4 
 
 De G. & J. 317 . . . 266 
 Studdert, Ex parte, 6 Ir. Ch. Eep. 
 
 53 . . ; . . 135 
 
 Sturge V. Dimsdale, 9 Beav. 170 ; 
 
 s. c. 16 Law J. (Oh.) 124; 10 
 
 Juf. 277 . . . .11 
 Stutely, Ex parte, 1 De 6. & S. 
 
 703 169 
 
 Styan, Ex parte. See the Mid 
 
 Kent Railway Act . . . 132 
 Sudlow and Kingdom, Re, 11 
 
 Beav. 400 . . . .80 
 Suir Island Female Charity School, 
 
 Be the, 3 Jon. & La. 171 .47 
 
 T. 
 
 Tarbuck v. Tarbuck, 6 Beav. 184 . 5 
 Taylor, Re, 10 Sim. 291 . . 60 
 Taylor, Re, 11 Sim. 178 . 62, 65, 95 
 Taylor, Be, 15 Beav. 145 . 94, 105 
 
 Taylor, Re, 1 M. &G. 210; s. e. 
 
 1 H. & T. 432 ; 6 R. C. 741 . 126, 127 
 Templeman, Re, 20 Beav. 674 . 95 
 Telley, Ex parte, i E. C. 55, Y. C. 
 
 of England . . . .140 
 Thistlethwaite v. Gamier, 5 De G. 
 
 & S. 73 ; s. c. 21 Law J. (Ch.) 
 
 16 ; 16 Jur. 57 . . . 194 
 Thomas, Re, 22 Law J. (Ch.) 868, 
 
 L. C 256 
 
 Thomas v. Walker, 18 Beav. 521 . 269 
 Thompson, Be, 8 Beav. 237 . 85, 86, 
 90, 107 
 Thompson & Debenham, Be, 25 
 
 Beav. 245 ... . 107 
 Thompson's Settled Estates, Be, 
 
 Green v. Thompson, John. 418 ; 
 
 s. c. 5 Jur. (N. S.) 1343 . . 277 
 Thorneley's Estate, Be John, 
 
 March 24th, 1858, M. E., cited, 
 
 4 Sol. Jour. 757 . . . 134 
 Thornhill v. Copleston, 10 Hare, 
 
 App. 2, 67 . . . . 191 
 Thorner's Charity, Ex parte, 12 
 
 Law T. 266, V. C. of England . 125 
 Thoroton, Ex parte, 12 Jur. 130; 
 
 s. c. 17 Law J. (Ch.) 167, V. C. 
 
 K. B 123 
 
 Thorp V. Thorp, 1 K. & J. 438 160, 170 
 Thurgood, Be, 19 Beav. 541 ; s. c. 
 
 23 Law J. (Ch.) 952; 18 Jur. 
 
 821 ; 2 W. E. 682 . . . 86 
 THlstone's Trust, Re, 9 Hare, App. 
 
 69 160 
 
 Timpson's WiU, Be. See Be Sim- 
 son's Trusts . . . 307, 308 
 Tomlinson, Be, 3 De G. & S. 371 62 
 Tournay, Ex parte, 3 De G. & S. 
 
 677; s. c. 19 Law J. (Ch.)257; 
 
 14 Jur. 263 . . . . 168 
 
 Towers, Tn re. See Ex parte Clay 256 
 Towle, Be, 3 Law T. (N. S) 283, 
 
 M. R 89 
 
 Townsend, Be, 2 Ph. 348 . . 256 
 Townsend, Re, 1 M. & G.' 686 . 256 
 Traill v. Kibblewhite, 10 Jur. 107, 
 
 V. C. of England ... 33 
 Trinity House, Ex parte Corpora- 
 tion of, 3 Hare, 95 . . . 127 
 
TABLE OF CASES. 
 
 xliX 
 
 Trowert Trust, Se, 1 Law T. 
 
 (N. S.) 54, T. C. W. . . 174 
 TunstaU, Hx parte, 4 De G. & S. 
 
 421 ; s. e. 15 Jur. 645, 981 . 234 
 TvLTUBT, Mx parte. See ^e Boyle. 91 
 Turner, Be, 4 W. E. 805, M. E. . 92 
 Turner's Estate, Se, 2 W. E. 441, 
 
 T..C. K 126 
 
 Turner v. Maule, 15 Jur. 761, V. 
 
 C. K. B. . . . 244, 254 
 
 Twemlow'a Trust, Be, June 10th, 
 
 1854, T.C.W. cited, Tripp's Chian- 
 
 cery Forma, 90 ; Darling, 48 . 166 
 Tyler's Estate, Be, 8 W. B- 540, 
 
 V. 0. W 123 
 
 Tyler's Trusts, Be, 4 W. E. 524, 
 
 y. C. W 179 
 
 Tyler's Trust, Be, 5 De G. & S. 
 
 66 235 
 
 XT. 
 
 UndOTWOod, iSe, 3 K. & J. 745; 
 
 B. c. 5 W. E. 866 ; 30 Law T. 
 
 90 .... 203,230 
 
 Upfull's Trust, Be, 3 M. & G. 281 169 
 Upton Warren, Be the Parish of, 
 
 IM. &K. 410 ... 47 
 Usticke V. Peters, 4 K. & J. 437; 
 
 s. c. 4 Jur. (N. S.) 1271 . . 195 
 
 V. 
 
 Tarteg Iron Works Wesleyan 
 Chapel, Be the, 10 Hare, App. 2, 
 37 262 
 
 Vines, iJe, 2 De G. M. & G. 842 
 
 79, 82 
 
 Vorley v. Eichardson, 25 Law J. 
 (Ch.) 335 ; s. e. 2 Jur. (N". S.) 
 362; 4 W.E. 397, L. L.J. . 190 
 
 W. 
 
 Wade V. Ward, 29 Law J. (Ch.) 
 42, V. C. K 260 
 
 Wainewright, Be, 1 Ph. 258; s. c. 
 12 Law J. (Ch.) 426 . . 304 
 
 Wake V. Wake, 17 Jur. 545 ; s. c. 
 1 W. E. 283; 21 Law T. 57, 
 y, C. S 218 
 
 Walker, Ex parte, 19 Law J. 
 
 (Bank.)3,y. C. K. B. . . 242 
 Walker, Be, 14 Bear. 227 . 93, 94 
 Walker, Be, 20 Law J. (Ch.) 474 ; 
 s. c. 15 Jur. 161 ; 7 E. C. 129, 
 
 L. C 138 
 
 Walker, Be, Or. & Ph. 147 . 203 
 
 Walker's Trusts, Be, 16 Jur. 1154, 
 
 y. C. S 173 
 
 Walker v. Aston, 14 Sim. 87 . 216 
 Walsh, Be, 12 Beav. 490 . . 98 
 Walters, Be, 9 Beav. 299 . . 82 
 Walton, iSe, 4 K. & J. 78 ; s. c. 32 
 
 Law T. 9 ... 96 
 
 Ward, Mx parte, 2 De G. & S. 4 ; 
 8. c. 12 Jur. 322; 17 Law J. (Oh.) 
 249; 10 Law T. 479; 6 E. C. 
 
 398 118 
 
 Ward, Be. See Allen v. Aldridge 81 
 Be Ward, 29 Law J. (Ch.) 784, 
 
 L.L.J 171 
 
 Ward's Estate, Be, 2 W. E. 406, 
 
 y. C. W 169 
 
 Ward's WUl, Be, 2 Giff. 122 ; s. c. 
 6 Jur. gS. S.) 441 ; 2 I;aw T. 
 (N. S.)82 . . . 6,174 
 Warde v. Warde, 2 Ph. 786 . 61 
 
 Waring, Be, 21 Law J. (Ch.) 784 ; 
 
 s. c. 16 Jur. 652, y. O.K. . 162 
 Warrender V.Foster, 1854, y. C. S., 
 
 cited, Seton, 419 . . .222 
 Warwick Charities, Be the, 1 Ph. 
 
 559 43 
 
 Watlington's Trusts, Be, 1 W. E. 
 
 194, y. C. S. ... 298 
 
 Watts' Settlement, Be, 9 Hare, 
 
 106 ... . 218, 235 
 Waugh, Be, 15 Beav. 508 . . 96 
 Waugh's Trust, Be, 2 De G. M. & 
 
 G. 279 . . . . 203, 204 
 Waugh V. Waddell, 16 Beav. 621 ; 
 
 s. c. 1 W. E. 206 ; 21 Law T. 16 97 
 Wavell, Be, 22 Beav. 634 . . 94 
 Webster, Be, 2 Sm. & G. App. 6 . 128 
 Weeding's Estate, Be, 4 Jur. (K. S.) 
 
 707; s. c. 32 Law T. 11, V.C. W. 226 
 Welchman, Be, 11 Beav. 319 . 89 
 WeUs, Be, 8 Beav. 416 . .82 
 West Ham Charities, Be, 2 De G. 
 
 & S. 218 . . . . 42, 49 
 Weston V. Filer, 3 De G. & S. 608 ; 
 
 s. c. 16 Jur. 1010 . . .222 
 West Eetford Church Lands, Be, 
 
 10 Sim. 101 . . . .46 
 West V. Smith, 3 Beav. 306 . 15 
 
TABLE OF CASES. 
 
 FAQE 
 
 Whalley, ^^aj-«e, 4 Euss. 561 . 294 
 Whalley, Se, 20 Beav. 576 . 94, 106 
 Wheeler, iJc, 1 De G. M. & Q. 434 266 
 Whitoombe, Se, 8 Beav. 140 . 85 
 White, Mc parte. See i?e Davie . 90 
 Whiting's J!statfi, Se, 32 Law T. 
 
 11, V. C. W. . . . 208 
 
 Whitley, Se, 1 Deao. 478 . . 259 
 Whopham v. Wingfield, 4 "Ves. 
 
 630 298 
 
 Wigan Glebe Act, J2e, 3 W. B. 41, 
 
 V. C. K 125 
 
 Wight's Devised Estates, Se, 6 W. 
 
 E. 718, V.C. W. . . . 133 
 Wihen v. Law, 3 Stark. 63 . .34 
 Wilding V. Bolder, 21 Beav. 222 . 239 
 Wilkin V. Nainby, 8 Beav. 465 . 7 
 Wilkinson, Mc parte, 2 Coll. 92 . 101 
 Wilks V. Groom, 6 De G. M. & G. 
 
 205 ; 8. c. 2 Jur. (N. S.) 1077 ; 
 
 4 W. E. 828 218 
 
 Willetts V. Willetts, 5 Hare, 597 . 27 
 Williams, Se, 15 Beav. 417 . 105 
 
 Williams, Se, 5 De G. & S. 616 ; 
 
 s. c. 21 Law J. (Ch.) 437. . 207 
 Williams, ^e, 8 W. E. 678; s. c. 
 
 6 Jur. (N. S.)1064; 3 Law T. 
 
 (N. S.) 76, M. E. . . 264, 265 
 Williams' Settlement, Se, 4 K. & 
 
 J. 87 ; s. c. 32 Law T. 9 . . 161 
 Williams' Trust, Be, 6 W. E. 218, 
 
 V. C. W 181 
 
 Williams v. Trye, 18 Jur. 442, 
 
 M. E 157 
 
 Wilson's Estate Bill, Se, 1 Law T. 
 
 (N". S.) 26, V. C. W. . . 281 
 Wilson 17. Poster, 26 Beav. 398; 
 
 s. c. 7 W. E. 172; 28 Law J. 
 
 ,(Ch.)410; 6 Jur. (N. S.) 113; 
 
 32 Law T. 250 ' . . . 141 
 Wilson V. Whateley,'9 W. E. 52; 
 
 B. c. 3 Law T. (N. S.) 316, V. 
 
 C.W 189 
 
 Wilts, Ac., Eailway Co., Se, Ex 
 
 parte Marquis of Bath, 4 E. C. 
 
 667, V. C. of England . 128, 144 
 Wimbledon, &c., Eailway Co., Se. 
 
 See Ex parte the Archbishop of 
 
 Canterbury . . . .138 
 
 Winchester, Ex parte Bishop of, 
 
 10 Hare, 137; s. c. 16 Jur. 649 124 
 Windsor, Staines, & South Western 
 
 Eailway Act, In re the, 12 Beav. 
 
 522 119 
 
 Winter, Exparte, 5 Euss. 284 . 225 
 Wiuterbottom, ii!e, 15 Beav. 80 . 93 
 Winteringham's Trusts, Se, 3 W. 
 
 E. 678, V. C. W. . . ; 223 
 Wise, Ex 'parte, 5 De G. & S. 415 253 
 Wisewold, Se, 16 Beav. 367 . 106 
 
 Woodburn's Will, Se, 5 W.. E. 
 
 423, M. E. ; on App. 1 De G. & 
 
 J. 333; B. c. 26 Law J. (Ch.) 
 
 522 ; 3 Jur. (^. S.) 799; 5 
 
 W. E. 642 ; 29 Law T. 222 . 177 
 Woodgate's Settlement, Se, 5 W. 
 
 E. 448, V. C. S. . . . 237 
 Wood V. Beetlestone, 1 K. & J. 
 
 213 .... 216,221 
 Wood ». Harpur, 3 Beav. 290 . 25 
 WooUard's Trust, .fie, 18 Jur. 1012, 
 
 V.C. W 171 
 
 WooUey's Estate, Se, 17 Jur. 850 ; 
 
 B.C. 1 W. E. 407,465; 21 Law 
 
 T. 149 ; 1 Eq. Eep. 160 . . 128 
 Wright's Settlement, Se, 1 Sm. & 
 
 G. App. 5 . . . .170 
 Wright's Trusts, Se, 16 Beav. 367 169 
 Wright's Trusts, Se, 3 K. & J. 419 172 
 Wright V. Woodham, 17 Law T. 
 
 293, V. C. T. . . . 192 
 
 Wyersdale School, Se, 10 Hare, 
 
 App. 74 .... 48 
 
 Wylly's Ti-usts, Se, 8 W. E. 645; 
 
 s. c. 6 Jur. (N. S.) 906, M. E. . 180 
 
 Y, 
 
 Yarm, Se Grammar School at, 10 
 
 Hare, App. 1, 5 . . . 48, 220 
 Yates, Se, 7 W. E. 711, V. C. S. . 265 
 Yeates, Se, and Se Lancaster, &c., 
 
 Eailway, 12 Jur. 279 ; a. c. 6 E. 
 
 C. 370, V. C. of England . 129, 141 
 Young, Exparte, 4 W. E. 127 ; s. c. 
 
 26 Law T. 92 ... 67 
 
 Young, Se, 6 W. E. 400, L.L. J. 166 
 
ADDENDA ET COERIGENDA. 
 
 Page 21, paragraph i, an affidavit in wHoli the christian names of two persona were 
 interlined in the place where they were first mentioned was allowed to be 
 filed. Vorweig v. Bareiss, 3 W. R. 259, M. K. — An erasure in an affidavit 
 occurring in the recital of the contents of an exhibit is immaterial. Savage 
 V. Hutchinson, 24 Law J. (Ch.) 232, V. 0. W. 
 22, paragraph 5, an affidavit erroneously intituled will be allowed to be re-sworn 
 
 without a fresh stamp. Pearson v. Wilcox, 10 Hare, App. 85. 
 28, paragraph <19, add the case of Stephens v. Lord Newborough, 11 Beav. 403 ; 
 
 s. c. 12 Jur. 319 ; 17 Law J. (Ch.) 832. 
 48, paragraph 41, the petitioner should attend at Cham1)ers with proposals for 
 a scheme. Se Hanson's Trust, 9 Hare, App. 54. 
 
 109, line 4, for seven read six. 
 
 206, line 5 from bottom, for mortgagor read mortgagee. 
 
 210, paragraph 1, a purchaser required the estate of a dower trustee abroad to 
 be vested in him under the 9th sect. : it was ordered, but the objection was 
 held to be frivolous and vexatious, and the purchaser was refused his costs. 
 CoUard o. Boe, 4 Jur. (N. S.) 431 ; s. c. 6 W. B. 848 ; 27 Law J. (Ch.) 
 295, V. C. S. ; on App. 4 De G. & J. 525. 
 
 224, paragraph 56, in Se Eyan's Settlement, 9 W. B. 137, V. C. S., the Court 
 ordered that the right to transfer a sum of stock might vest in the cestui que 
 trust, and that he might transfer to himself. 
 
 242, paragraph 51, the Court will not make an order on the Bank to pay half 
 the dividend of a sum of stock. Skynner v. Pelichet, 9 W. B. 191, V. 0. W. 
 
 251, paragraph 21, an affidavit of the solicitor will be sufficient. Se Hoskins, 
 4 De G. & J. 436. 
 
 256, paragraph 5, add the case of Se Jones, 9 W. R. 175 ; s. c. 3 Law T. 
 (N. S.) 495, L.L. J. 
 
 286, paragraph 32, where a power to lease was given to a tenant for life who 
 died, and a petition was presented by the next tenant for life praying that 
 such power should be vested in one of the trustees of the settlement, it was 
 held that it was not necessary to have the advertisements and other pro- 
 ceedings repeated. Se Kentish Town Estate, Weeding v. Weeding, 1 John. 
 & Hem. 230. 
 
 296, paragraph 1, under the 1st Cons. Ord. r. 11, the Accountant-General may 
 also, without any fonnal request for that purpose, invest the dividends of 
 stock, unless he has received notice to the contrary. 
 
 322, No. 9, heading, after, the custody of, add, one of. 
 
THE 
 
 STATUTORY JURISDICTION OF THE 
 COURT OF CHANCERY. 
 
 ' CHAPTER I. 
 
 OF PETITIONS IN GENERAL. 
 
 1. 6e.neral nature of a peiUion. 
 
 2. What a petition should state. 
 
 3. Where fund carried to a separate 
 accourd. 
 
 i. As to the preparation of the petition. 
 
 5. Brevity and form desirable. 
 
 6. Where any part of petition improper, 
 or of vmnecessary length, Cowrt may 
 make such order as to the costs as 
 shall be jtist. 
 
 7. Or when of vexatious leTigth. 
 
 8. What is improper length. 
 
 9. In what cases petitions may ie pre- 
 
 10. Persons seeking aid by statutory 
 jwrisdiction must a/mmence by pe- 
 tition. 
 
 11. Division of petitions. 
 
 12. As to petition by infomt, or married 
 woman. 
 
 13. By deaf amd dwnb or blind person. 
 
 14. Solicitor should ham authority to 
 
 15. Where solicitor only cmthorised to 
 act for one of two petitioners, cowrsa 
 to be adopted. 
 
 16. Petitioner out of jurisdiction m,ust 
 give security for costs. 
 
 17. Infant respondent to petition must 
 appear by guardian ad litem. 
 
 18. Such gimrdAon ma/y be appointed on 
 order, ofcou/rse. 
 
 19. How petition must be intituled. 
 
 20. To whomn, petitions should be ad- 
 
 21. 
 22. 
 23. 
 
 24. 
 
 26. 
 26. 
 27. 
 
 28. 
 
 29. 
 
 30. 
 
 31. 
 
 32. 
 33. 
 
 34. 
 35. 
 
 36. 
 
 37. 
 
 As to the form of petitions. 
 Petition must state residence. 
 Statement must be made of parties 
 intended to be served. 
 As to petitions addressed to the Lord 
 Chancellor. 
 
 To the Master of the Bolls. 
 How petitions should be engrossed. 
 As to two 'petitions presented on the 
 same day. 
 
 Petition moAj be called for after 
 being answered. 
 
 After being answered a petition can 
 be a/mended on special order. 
 On marriage of petitioner, a single 
 woman, fresh stamp dispensed^th. 
 Facts inconsistent wiSi order cannot 
 be introduced by amendment. 
 As to adding parties. 
 Petition must be served on all pa/r- 
 
 As to what parties ought to be served. 
 Remaindermen, where mwmerous, 
 need not be served. 
 Mode of effecting service where not 
 
 As to personal service. 
 
 Care should be taken only to serve 
 
 those interested. 
 
 Two cUa/r days must elapse between 
 
 service and heouring. 
 
OE PETITIONS IN GENERAL. 
 
 40. 
 
 41. 
 
 42. 
 43. 
 
 44. 
 
 45. 
 
 46, 
 
 47. 
 
 48. 
 
 49. 
 50. 
 
 51. 
 52. 
 53. 
 
 54. 
 
 55. 
 56. 
 
 57. 
 
 58. 
 
 59. 
 
 60. 
 
 61. 
 
 62. 
 
 There should be an affidcmt of ser- 
 vice of petition. 
 
 As to setting down peHtion to he 
 heard. 
 
 As to the prepaaraUon of the brief. 
 On hearing of petition order will be 
 made. 
 
 As to non-appearance of petitioner 
 or respondent. 
 
 Petition may by consemt be amended 
 at the hearing. 
 
 Petilion-may be directed to stand 
 over to be amended. 
 Meaning cmd extent of rule that no 
 declaration of rights will be made 
 on apetition. 
 
 Petitions must be supported by affi- 
 davits, and other necessary evidence. 
 Mode of hearing of petition. 
 Course to be pursued when unop- 
 posed petition directed to stand over 
 without day being fkeed. 
 Course to be pursued where petition 
 and cross petition. 
 
 Where matter of petition adjourned 
 to chambers, couo'se to be pursued. 
 As to proceedings gerw/rally at cham- 
 bers tmder jurisdiction conferred by 
 any Act. 
 
 Petitioner when entitled to be heard 
 though he has not cleared a contempt. 
 As to drawing up, dsc, of order. 
 After order drawn up same cwniwt 
 
 Order on ground of irregulwriiy may 
 
 be discharged on motion. 
 
 Where i/ntit/aled in non-existing cause 
 
 order may be discharged on mj)tiion. 
 
 Dividends may be directed to be paid 
 
 to successive tenants for life. 
 
 Order prefaced by statement of 
 
 opinion. 
 
 Order should only state prayer of 
 
 On bespeaking mimites of order what 
 
 docfuments should be left with regis- 
 t/rair. 
 
 63. AsU) fee payaMe for order. 
 
 64. Before order passed petition must be 
 filed. 
 
 66. Where small sums asked to be paid 
 to solicitor of parties, written con- 
 
 66, 
 
 69. 
 70. 
 
 71. 
 
 72. 
 73. 
 
 74. 
 
 75. 
 
 76. 
 
 77. 
 
 78. 
 
 79. 
 
 80. 
 
 81. 
 82, 
 
 84. 
 
 86. 
 86. 
 
 67, 68. Where petition lost copy 
 allowed to be filed. 
 Practice not Jo file petition until 
 after hearing. 
 
 Where petition supposed to be lost 
 petitioner must proceed as far as 
 possible before application to file a 
 copy. 
 
 Order must be served on party 
 affected by it. 
 
 Process of contempt same as on decree. 
 Order may be appealed from — course 
 to be puo'sued. 
 
 As to orders made in inte/rval of 
 sittings. 
 
 Parties served, as a general rule, 
 may appear and have their costs. 
 Wh^n claim set wp by pa/rty and not 
 sustained, left to bear his own costs. 
 Costs of petition where money stand- 
 ing to separate axxowat. 
 Party ham/ng objection of form must 
 be prepared to answer merits. 
 Wliere ctppea/rance of party properly 
 served was u/nnecessa/ry, refused his 
 costs. 
 
 Practice as to allowing costs of ap- 
 peararux. 
 
 Objection to practice. 
 83. Party held entitled to costs {hough 
 notice given not to appear. 
 Petition where no jurisdiction may 
 be dismissed with costs. 
 As to affidavit verifying title. 
 Directions to solicitors on bespeaking 
 orders. 
 
 1. A petition is the request of a person in writing, 
 directed to the Lord Chancellor or Master of the Rolls, 
 
OF PETITIONS IN GENERAL. 3 
 
 showing some matter or cause whereupon the petitioner 
 prays some direction or order.^ 
 
 2. A petition should state by whom the petition is 
 presented, and succinctly all the facts or particulars on 
 which the prayer is founded, and shortly if possible the 
 substance of the documents on which he relies ; for, if it 
 set out at unnecessary length deeds or other writings, the 
 costs of such unnecessary matter will not be allowed. It 
 concludes by a prayer for the relief to which the petitioner 
 conceives himself entitled.** 
 
 3. If the fund has been carried to the separate account 
 of the petitioner in pursuance of a decree or order, it is 
 not generally necessary to set out the will or instrument 
 under which he claims ; if however there has been no 
 declaration of the petitioner's right, or if the fund has not 
 been carried over to his separate account, the petitioner 
 should state the will or other instrument imder which his 
 title arises, and the facts which have occurred to show that 
 the previous interests have determined.^ 
 
 4. A petition must be fairly written upon paper, but it 
 need not be written upon parchment ; except it be for a 
 rehearing or appeal it is not signed by counsel, nor need 
 it be prepared by one ; but * the Taxing-Master is directed 
 to allow in taxation between party and party the costs of 
 such petitions as may appear proper to have been settled 
 by counsel. The result of the discretionary rule as to 
 taxation, is that petitions are frequently prepared by the 
 solicitor. 
 
 5. Brevity and form are the two points chiefly to be 
 observed in drawing petitions, to which may be added care 
 to avoid scandal, for which a petition may be referred.® 
 
 1 Har. (ed. Newl.) 417. " 40th Cons. Ord. r. 32. 
 
 2 Drewry, 132. ^ 2 Headl. Dan. Ch. Pr. 1204. 
 ' Tripp, 76. 
 
4 OF PETITIONS IN GENERAL. 
 
 6. If upon the hearing of any petition the Court is of 
 opinion that the same, or aijy part of such petition, is 
 improper or of unnecessary length, the Court may either 
 
 . declare, such petition, or any part thereof, to be improper 
 or of unnecessary length, or may direct the Taxing-Master 
 to look into such petition and distinguish what parts or 
 part thereof are or is improper, or of unnecessary length, 
 and may direct the Taxing-Master to ascertain the costs 
 occasioned to any party by such parts or part thereof, as 
 in the one case may have been declared to be, and in 
 the other case may have been distinguished as being, 
 improper or of unnecessary length, and may make such 
 order as is just for the payment, set off, or other aUbwance 
 of such costs.^ 
 
 7. Where a petition was presented to the Court of 
 vexatious length, the Court directed the Master in taxing 
 the costs, to have regard to the length of the petition.'^ 
 
 8. What is improper length in a petition is not an easy 
 matter to determine; it is generally received, however, in 
 practice, that petitions should not set out verbatim clauses 
 of public acts or long clauses of deeds.^ 
 
 9. Petitions may be presented either in a cause or in a 
 matter, over which the Lord Chancellor has jurisdiction, 
 under some Act of Parliament or other special authority.* 
 
 10. It may be stated as a general rule, that a person 
 seeking the aid of thestatutory jurisdiction must commence 
 by presenting a petition, which differs in some important 
 particulars from a bill, and is not regarded as the com- 
 mencement of a formal suit.^ 
 
 11. Petitions are either what are called special petitions 
 or petitions of course.^ 
 
 1 Smith's Oh. Pr. 152, 153. ■" 2 Headl. Dan. Ch. Pr. 1204. 
 
 2 Canning i;. BeU, 18 L. J. (Ch.) 304, " 1 Headl. Dan. Ch. Pr. 3. 
 M.R. "2 Headl. Dan. Ch. Pr. 1204. 
 
 3 Drewry, Ch. Pr, 206. 
 
OP PETITIONS IN GENERAL. 5 
 
 12. A petition by an infant plaintiff, or a married woman, 
 must be presented by a next friend, and if the petition is 
 dismissed with costs, then they are directed to be paid by 
 the next friend.^ 
 
 13. A deaf, dumb, and blind person, may be a petitioner 
 without a next friend, but in the case cited below, the 
 Court declined without special reasons assigned to make 
 an order for payment of more than the income of a fund 
 carried to her separate account for her benefit.'' 
 
 14. A solicitor laefore he presents a petition, ought to 
 have authority to present the same.^ 
 
 15. Where, however, a petition was presented on behalf 
 of two persons, the solicitor being only authorised to act 
 for one, the Court having regard to the interests of the 
 respondent, refused on the application of the one not 
 having given the authority to order the petition to be taken 
 off the file, but ordered that his name should not be used.* 
 
 16. A petitioner if he is residing out of the jurisdiction 
 of the Court, wUl be ordered to give security for costs.^ 
 
 17. When an infant is entitled to appear as a respondent 
 on a petition, he must appear by a duly constituted 
 guardian ad litem.^ 
 
 18. The Master of the Rolls has directed his secretary 
 to issue orders of course for the appointment of guardians 
 ad litem, to infants served with petitions upon the. usual 
 affidavit of their solicitor that they are infants, and that 
 the proposed guardian has no interest in the matters in 
 
 1 Smith's Ch. Pr. 149, 150 ; Jones v. 5 W. R. 81 ; V. C. K. Expa/rte Seidler, 
 Lewis, 1 De G. & S. 245 ; Howard v. 12 Sim. 106 ; Smith's Ch. Pr. 150, 151 ; 
 Prince, 14 Beav. 28. Tripp, 67. 
 
 2 Ee' Biddulph & Poole, 5 De G. & * Ke Greaves, 23 Law T, 53 ; a. c. 2 
 S. 469. Eq. Rep. 516 ; L. C. and L. L. J. ; iJe 
 
 3 Smith's Ch. Pr. 150. Ward's Will, 2 Gifi. 122 ; s. c. 6 Jur. 
 * Tarbuck v. Tarhnck, 6 Beav. 134 ; (N. S.) 441 ; 2 L. T. (N. S.) 82 ; Re 
 
 Smith's Ch. Pr. 150. Duke of Cleveland's Harte Estates. 1 
 
 ° Be. Dolman, 11 Jur. 1095, M. R. ; Dr. & Sm. 46 ; s. c. 2 L. T. (N. S.) 78 ; 
 Atkins «. Cook, 3 Jur. (N. S.) 283|; s. e. 8 W. R. 336. 29 L. J. (Ch.) 530. 
 
6 OF PETITIONS IN GENERAL. 
 
 question, and is a proper person to be appointed guardian 
 by whom they may appear on the petition.^ 
 
 19. In all cases where a petition is presented under the 
 authority of an act of Parliament to the Lord Chancellor, 
 the petition must be intituled in the matter of that act, 
 and in a substantial matter also ; and if it be a railway or 
 other local act, and under its powers a portion of the estate 
 of any testator or intestate has been taken, the petition 
 must be intituled in the matter of the estate of such 
 testator or intestate, or if property settled by any deed of 
 settlement then in the matter of such settlement; or if ' 
 land belonging to a rector, vicar, or corporate body, then 
 it must be intituled in the matter of the rector, vicar, 
 or corporate body, as the case may be, and in the matter 
 of the said act. Petitions under private acts of Parliament 
 may be intituled in the act alone.'* 
 
 20. Every petition not in any cause must be marked at 
 or near the top, or upper part thereof, in the same manner 
 as a bill is now marked with the words " Lord Chancellor " 
 and one of the Vice Chancellors, or with the name of the 
 Master of the RoUs ; and every order made thereon must 
 be marked in the same manner ; and the matter in which 
 such order is made shall thenceforth be considered as 
 attached to the Court of the Judge, whose name shall be 
 so marked upon such order in like manner and for the like 
 purpose as causes are attached to such Court, but shall be 
 subject to be transferred from such Court by any special 
 order of the Lord Chancellor or the Lords Justices.^ 
 
 21. A petition presented by a party to the suit after the 
 title proceeds as foUoM's : " The humble petition of the 
 plaintiff A B," or " of the defendant A B." A petition 
 presented by one not a party, " The humble petition of 
 
 ' Re Barrington, 27 Beav. 272. ^ Ayckbourn's Ch. Pr. 258, 259. 
 
 ' 6th Gons. Ord. r. 5, 6. 
 
OP PETITIONS IN GENERAL. 7 
 
 A B of," setting forth his place of abode and description ; 
 then follow the facts or stating part of the petition, and 
 the whole is concluded by a prayer framed according to 
 the relief sought to be obtained. In preparing the petition 
 great care should be taken that the facts are accurately 
 stated, and that nothing material is suppressed, otherwise 
 the order will be discharged, and the Court will not on the 
 application to discharge it, support it on the special merits 
 then for the first time appearing.' 
 
 23. The petitiofi of a person not a party to the cause 
 must state his residence, otherwise it cannot be heard.'^ 
 
 23. At the foot of every petition (not being a petition of 
 course) presented to the Lord Chancellor or the Master of 
 the Rolls and of every copy thereof, a statement must be 
 made of the persons, if any, intended to be served therewith ; 
 and if no person is intended to be served with such petition, 
 a statement to that effect must be made at the foot of the 
 petition, and of every copy thereof.' 
 
 24. Petitions addressed to the Lord Chancellor, must be 
 left with his principal secretary, who, if it is not for a 
 matter of course will procure it to be answered by means 
 of a memorandum written at the foot and signed by his 
 Lordship or his principal secretary, directing all parties 
 concerned to attend before him ^at the next day of petitions, 
 unless upon previous application either to his Lordship or 
 a Vice Chancellor, permission has been given to have the 
 petition answered for an earlier day. When the petition 
 is answered, it is taken away and a fair copy of it on brief 
 paper brief- ways must be left with the secretary for the use 
 of the Judge.* 
 
 1 Smith's Ch. Pr. 151 ; Nowell v, combe v. Antrobus, 8 Beav. 405. 
 
 Whitaker, 6 Beav. 407 ; St. Victor v. ' Glazbrook v: GDlatt, 9 Beav. 492. 
 
 Devereux, 6 Beav. 584 ; Marquis of ^ 34th Cons. Ord, r. 1. 
 
 Hertford v. Suisse, 7 Beav. 160 ; WU- ■• 2 Headl. Dan. Ch. Pr. 1204, 1205. 
 kin V. Nainby, 8 Beav. 465 ; Hoi- 
 
8 OF PETITIONS IN GENERAL. 
 
 25. A petition addressed to the Master of the Rolls must 
 be left with the secretary at the Rolls who procures it to be 
 answered in the same manner as a petition addressed to 
 the Lord Chancellor.' 
 
 26. The petition should be engrossed in words at length 
 (except dates and sums of money) on foolscap paper book- 
 ways, and on the back the title of the cause or matter, and 
 of the Judge to whose court the cause is attached must be 
 indorsed.*^ 
 
 27. Where two petitions in the same matter are answered 
 on the same day, that which is first presented is entitled to 
 preaudience.^ 
 
 28. The petition having been answered, may be obtained 
 upon being called for the following day.* 
 
 29. Facts occurring after a petition has been stamped 
 and answered, but before the hearing, may be introduced 
 by amendment to be made on special order.^ 
 
 30. Where therefore a petition was presented by a single 
 woman, who after the petition had been stamped and 
 answered, but before the same was in the paper married, 
 the Court held that the petition might be amended by 
 making it the petition of the husband and wife, without a 
 fresh stamp.® 
 
 31. Where however a petition has been presented, but 
 before the order has been drawn up, an event happens 
 affecting the existing order, such fact cannot be introduced 
 by amendment.'' 
 
 32. Parties may be added as co-petitioners after the fiat 
 is given. ^ 
 
 1 2 Headl. Dan. Ch. Pr. 1205. Hewetsoii, and 20 L. T. 154, sub. turn,. 
 
 ' Ayck. Ch. Pr. 269. Robinson v. Hewitson, where however 
 
 ' Me, Brookman, 1 Mac. & G. 199. the case is incorrectly reported. 
 
 * Ayck. Ch. Pr. 259. 6 Ibid. 
 
 s 15 & 16 Vict. u. 86, s. 53 ; Eobin- l Ee Keen, 7 W. E. 577, V. C. K. 
 
 son V. Harrison, 1 Drew, 307 ; o. c. " Maude v. Maude, 5 De G. & S. 
 
 1 W. E. 100, Sfuh. nom. Robinson v. 418. 
 
OF PETITIONS IN GENERAL. 9 
 
 33. A fair copy of every petition on brief paper with the 
 Judge's fiat thereon, must be served upon all parties 
 interested, unless there is no other party interested in the 
 matter, as in the case of petitions for the transfer of stock, 
 or the payment out of Court of money standing to the 
 separate account of the petitioner, in which case no service 
 is necessary.* 
 
 34. As to what parties ought' to be served with the 
 petition, as a general rule it may be stated, that every 
 person whose interest vrill be affected however indirectly 
 or remotely by the order asked is entitled to be 
 served.^ 
 
 35. Where a petition prays that the dividends of a 
 fund in Court may be paid to several tenants for life, 
 and that the various shares of the corpus may be carried 
 over to the accounts of those entitled in remainder, 
 such remaindermen if numerous need not be served or 
 appear.^ 
 
 36. Service in cases which do not require personal 
 service is effected by delivering a copy of the petition as 
 answered with a copy of the Judge's fiat thereon to the 
 solicitor of the party or the town agent, at the same time 
 showing him the original petition with the Judge's fiat 
 thereon.* 
 
 37. Personal service is effected by delivering a copy of the 
 petition to the party and showing him the original in the 
 same manner. If the petition require personal service and 
 the party cannot be found, an application must be made 
 by motion upon afiidavit for an order to allow substituted 
 service by leaving a copy of the petition at the party's 
 dwelling-house or place of abode, with one of the family, 
 
 > Ayok. 259 ; 2 Headl. Dan. Cli. Pr. " Drewry, 133 ; Smith's Ch. Pr. 162. 
 
 1206 ; Laml)ert v. Newark, 3 De G. & ' JJe Hodges, 6 W. K. 487, V. C. K. 
 
 g 405_ ■• Smith's Ch. Pr. 152. 
 
10 OF PETITIONS IN GENERAL. 
 
 or upon the solicitor, or in any other manner which in the 
 opinion of the Court will secure the petition coming to his 
 knowledge.^ 
 
 38. In serving a petition the party should be careful 
 only to serve those interested.^ 
 
 39. Unless the Court gives special leave to the contrary 
 there must be at least two clear days between the service 
 of a petition and the day appointed for hearing the petition, 
 and in the computation of such two clear days, Sundays 
 and other days on which the offices are closed, except 
 Monday and Tuesday in Easter week, shall not be 
 reckoned.^ 
 
 40. An affidavit of the service of the copy of the petition 
 should be made and filed, and an office, copy thereof 
 obtained, to be ready in Court on the hearing. The 
 respondent should also be prepared with an affidavit of 
 having been served with the petition, in case the petitioner 
 neglect to appear in Court.* 
 
 41. The petition is set down to be heard by the direc- 
 tion of the secretary of the Judge, and usually particular 
 days are, during the sittings of the Court, set apart for 
 petitions, for which days a list of the petitions to be heard 
 is made out in the Registrars' Office, of which list any 
 person may see a copy in that, office on the preceding 
 evening, and the petitions are to be heard in the order in 
 which they stand upon the list, though usually the Court 
 hears the unopposed first. Care should be taken that in 
 the Judge's copy of the petition there are no blanks for 
 names, sums, or otherwise, as the Judge may, and some- 
 times will, if there are such blanks, refuse to hear the 
 petition when it is called on. Briefs on petitions which 
 are unopposed, may be delivered either to senior counsel 
 
 1 2 Headl. Dan. Ch. Pr. 1206. 3 34th Cons. Ord. r. 2. 
 
 2 Smith's Ch. Pr. 152 n. * Ayok. 269. 
 
OB PETITIONS IN GENERAL. 11 
 
 without junior counsel, or to junior counsel only, that is, the 
 costs of two briefs to counsel will usually be allowed. It is 
 usual, and it is prudent when petitions are of a complicated 
 character, whether opposed or unopposed, to employ senior 
 and junior counsel.* The fact of a petition being un- 
 opposed, is not, of itself, a sufficient reason for the dis- 
 allowance of the costs of two counsel.'* The days for 
 hearing petitions are generally appointed in the seal paper, 
 issued previously to and after each term.^ 
 
 42. A brief of the petition and of any evidence either in 
 support or opposition, should be prepared together with 
 such observations as may be thought necessary and the 
 same handed to counsel. The solicitor should be in 
 Court with any ofl&ce copies or other papers that are likely 
 to be required, and upon the petition being called on, 
 counsel will be heard on both sides.* 
 
 43. On the hearing of the petition if all necessary parties 
 appear or have been served, the order will be granted 
 according to the prayer thereof, provided the case made 
 out by the petitioner justifies such an order.^ 
 
 44. If the petitioner neglects to appear on the petition 
 being called on, it will be dismissed with costs, upon 
 production by the respondent of an office copy affidavit of 
 his having been served with a copy of the petition, and 
 provided such party has an interest in the order to be 
 made. If the respondent does not appear when the 
 petition is called on, the petitioner, on affidavit of service 
 upon all necessary parties is not entitled to an order in the 
 terms of the prayer of his petition, but only so far as the 
 case made by the petitioner justifies such an order. The 
 office copy of the affidavit of service must in each event be 
 
 1 Drewry, 133. ° 2 Headl. Dan. Ch. Pr. 1204 n. 
 
 2 Sturge 'v. Dimsdale, 9 Beav. 170 ; •* Ayok. Ch. Pr. 260. 
 ,s. c. 15 Law J. Ch. 124 ; 10 Jur. 277. " Ibid, 
 
12 OP PETITIONS IN GENERAL. 
 
 produced in Court to the Registrar when the petition is 
 called on, or before the Court rises for that day.^ 
 
 45. A petition may, with the consent of all parties, be 
 amended at the hearing.'^ 
 
 46. If a petition being brought on is found to be 
 defective or inaccurate in respect to some necessary state- 
 ment, or is otherwise irregular, the Court may and usually 
 wiU direct it to stand over to be amended, which is done 
 by inserting the amendments in the original petition to be 
 signed by counsel.^ 
 
 47. It is a technical rule of the Court, that no declaration 
 of rights can be made on a petition. This rule must be thus 
 understood, that you cannot on a petition in a cause obtain 
 from the court an order determining the very question in 
 the cause, and that you cannot by a petition not in a cause, 
 obtain the same extensive and complete determination of 
 rights which would be obtainable in a cause. But, in fact, 
 and in practice the Court continually does determine, both 
 in cause petitions, and in petitions not in a suit, very 
 important questions of right. Thus, for instance, in a suit 
 to administer an estate, the Court on the application by 
 petition of a party claiming to be entitled to a sum of 
 money paid into Court, constantly determines the construc- 
 tion of a will or a settlement, and most effectually con- 
 cludes the rights of the parties by ordering the money to be 
 paid out. So in the case of maintenance of infants, though 
 the Court makes no specific declaration of rights, it makes 
 a very substantial disposition of rights on petition. And 
 on petitions under Railway Acts for the payment of money 
 paid in by the companies by way of purchase money, the 
 rights of petitioners are in fact frequently ascertained' and 
 declared.* 
 
 1 Smith's Ch. Pr. 153 ; Lord Mill- 354 ; s. o. 9 Jur. 521, M. R. 
 town V. Stuart, 8 Sim. 34. " Drewry, 133, 134. 
 
 2 Matson v. Swift, 14 Law J. (Clx.) " Drewry, 134. 
 
OP PETITIONS IN GENERAL. 13 
 
 48. Petitions whether opposed or unopposed must be 
 supported by affidavits verifying all the incidental facts on 
 which the right to relief rests; and if they involve 
 questions of pedigree, the usual verification of births, deaths, 
 marriages &c., by certificate and otherwise and of the other 
 facts establishing the pedigree must be produced.^ 
 
 49. A petition when called on, is opened and argued by 
 the petitioner's counsel; the counsel for the respondent 
 are then heard; after which the senior counsel of the 
 
 * 
 
 petitioner replies.^ 
 
 50. Where an unopposed petition is directed to stand 
 over without fixing a day for it to be again put into 
 the paper, the Registrar in attendance in Court upon 
 the written request of the solicitor, will direct the same 
 to be- restored to the paper for the following petition 
 day.^ 
 
 51. When there is a petition and cross petition, and 
 several respondents in the one unite as co-petitioners in the 
 other, the Court will not allow such respondents to be 
 heard by separate counsel, except so far as their cases turn 
 upon questions distinct from each other.* 
 
 52. If upon the hearing of any petition in any cause or 
 matter in Court, the Judge adjourns the same generally, or 
 on a particular point, for consideration at chambers, the 
 plaintiff or petitioner takes out a summons, which is 
 intituled in the same manner as the petition, and directed 
 to, and served upon all parties interested, and requires 
 them to attend at the time therein mentioned at the 
 chambers of the Judge, to proceed on the matter contained 
 in the petition presented to the Court in the said cause or 
 matter, on the day of and adjourned to chambers 
 
 1 Drewry, 1 33. March) 1860. 
 
 2 Smith's Ch. Pr. 153. ■* -Be Stephen, 2 Ph. 562. 
 
 3 Regulations of the Registrars, 15th 
 
14 
 
 OF PETITIONS IN GENERAL. 
 
 for consideration on the day of ^ or if on any 
 
 particular point then the same should be stated.'' 
 
 B3. In proceeding at chambers under the Trustee or 
 other act subject to jurisdiction there, a summons is taken 
 out intituled, In the matter of the party applying, and also 
 in the matter of the act under which the application is 
 made, as follows : — In the matter of the trusts of the will 
 of A. B. deceased, and in the matter of the Trustee Act 1850. 
 A duplicate of this summons is filed in the Record and 
 Writ Clerks' Office, and copies of the summons are sealed 
 and served upon the parties required to attend.^ 
 
 54. After a petition had stood over at the request of the 
 respondent's counsel for his convenience, the petitioner 
 incurred a* contempt, which he had not cleared when the 
 petition came on again. It was held that he was never- 
 theless entitled to be heard.* 
 
 56. When an order is made on petition it must be 
 regularly drawn up, passed, and entered as any other 
 order. And the order mugt be served on the parties to be 
 affected by it.^ 
 
 56. After an order made upon petition has been drawn 
 up in conformity with the prayer of the petition, leave will 
 not be granted to amend the petition and the order, 
 without another petition being presented praying for a 
 variation of the order.^ 
 
 57. Orders made eon parte upon petition may be dis- 
 charged on motion, where the application is made on the 
 ground of irregularity. The rule is, however, different 
 with regard to orders made upon the merits of a petition 
 duly heard, which must be the subject of a regular re- 
 hearing.^ 
 
 ' Smith, 505. 6 Drewry, 134 ; Ayek. 260. 
 
 ' I^id. n. 1 2 Headl. Dan. Ch. Pr. 1207 ; Re 
 
 3 Smith's Cli. Pr. 505. Marrow, Cr. & Ph. 142. 
 
 * Bristowe 1). Needham, 2 Ph. 190. ' 2 Headl. Dan. Ch. Pr. 1207, 1208. 
 
OF PETITIONS IN GENERAL. 15 
 
 58. Where however the irregularity of an order obtained 
 on petition in open Court, consisted in its being intituled 
 in a non-existing cause, the Court discharged it on motion.^ 
 
 59. An order will be made on one petition for payment 
 of the dividends of a fund in Court to successive tenants 
 for life.'^ 
 
 60. The Court makes no declaration of rights upon a 
 petition, but prefaces the order with a statement of opinion.^ 
 
 61. In orders made upon petitions, no part of the 
 petition is to be stated or recited except the prayer.* 
 
 62. On bespeaking the minutes of the order, the original 
 petition, and counsel's brief, with his endorsement of the 
 order made and any decree order, or the office copy of any 
 certificate on which the petition is founded, and T)ffice 
 copies of any affidavits and any exhibits or other evidence 
 used at the hearing must be left with the Registrar.' If 
 any fund in Court is to be dealt with, the Accountant- 
 General's certificate of the fund must also be left.^ 
 
 63. The fee for the order is payable by means of a 
 stamp according to the regulation in that behalf.^ 
 
 64. Before any order made on a petition can be passed 
 the original petition must be filed in the Report Office, 
 and a note thereof made on the order by the Clerk of 
 Reports.^ 
 
 65. When it is asked that small sums may be paid out 
 of Court to the solicitor of the parties entitled, the Court 
 requires the production of their written consent. In a 
 case where the consent was signed by eleven out of twelve 
 of the parties, and the twelfth was in America, the Court 
 
 1 West V. Smith, 3 Beav. 306. ■■ Eegulations of the Registrars, 16th 
 
 2 Be How's Trust, 15 Jur. 266, V. March, 1860. 
 C. K. B. ^ ^yck- 260. 
 
 3 Sharshaw v. Gibbs, 18 Jur. 330, ' Ibid. 39th Cons. Ord. r. 3. 
 
 y, c. W. ' ^y^^- 161 i 23rd Cons. Ord. r. 23. 
 
 * 23rd Cons. Ord. r. 2. 
 
16 OF PETITIONS IN GENERAL. 
 
 dispensed with his signature, on the solicitor undertaking 
 to pay over the amount.' 
 
 66. A petition presented at the Rolls was afterwards 
 heard by the Lord Chancellor who made an order upon it ; 
 but before the order was passed, the original petition was 
 lost. The Lord Chancellor allowed a copy of it certified 
 by the under secretary at the Rolls to be a true copy, to 
 be filed instead of the original petition.*^ 
 
 67. The original petition having been lost, the Court 
 allowed the copy left for the Judge to be filed.^ 
 
 68. A petitioner having refused to deliver up the original 
 petition for the purpose of being filed with the Clerk 
 of Reports, prior to the order made upon it being passed, 
 leave was given to the respondents to file in its stead, 
 the copy of the petition with which they had been 
 served.* 
 
 69. The practice is not to file the petition until after 
 the petition has been heard.® 
 
 70. Where an order was made dismissing a petition, 
 the Court refused a motion of the respondents for leave to 
 draw up the order, on production to the Registrar of a copy 
 of the petition, upon an affidavit that notice had been 
 given to produce the original petition, which had not been 
 complied with, and the deponent believed it to be lost or 
 destroyed, the Court holding that the respondent must pro- 
 ceed as far as he could without filing the petition ; and 
 when it became necessary to file the petition, he might 
 apply for leave to file a copy instead of the original 
 petition.^ 
 
 71. If it is intended to enforce the performance of the 
 order by process of contempt, the order must be served 
 
 ' Staines v. Giffard, 20 Bear. 484. i Andrews v. Walton, 1 M. & C. 360. 
 
 2 Sanderson v. Walker, 1 M & C. 359. « 1 Sm. & G. 137 note. 
 
 3 Smith V. Harwood, 1 Sm. & 6. 137. « Re Hobler, 9 Jur. 419, M. K. 
 
OF PETITIONS IN GENERAL. 17 
 
 upon the party to be affected by it, unless a special order 
 has been obtained to authorise substituted service.' 
 
 72. There does not seem to be any difference in the 
 process of contempt to enforce an order made on petition 
 from the process applicable upon decrees and decretal 
 orders.** 
 
 73. If a party is dissatisfied with the decision pro- 
 nounced on the hearing of a petition by the Judge below, 
 such party may present a petition to vary or discharge the 
 order made on the |)etition. The petition recites the order 
 only, and prays that it may be discharged or varied wholly 
 or in part, as the appellant requires ; and the petitioner is 
 required by the present practice to procure the usual 
 certificate, signed by two counsel, of the propriety of the 
 petition. The briefs consist of the same matter as the 
 briefs in the Court below, with the addition of a copy of 
 the petition of appeal. The only difference between an 
 appeal against an order on petition and an appeal from a 
 decree is, that instead of the former being set down after 
 the re-hearings and appeals, it is set down to be heard on a 
 day for hearing petitions.^ Formerly on an appeal from 
 an order made on petition a deposit was required to 
 answer costs. By the present practice, however, a deposit 
 is not required.* 
 
 74. Orders made in the interval of the sittings by one 
 judge for another are not to be re-heard for the purpose of 
 being discharged or varied, otherwise than by the Lord 
 Chancellor or the Lords Justices.* 
 
 75. All parties in general who are entitled to be served 
 and appear, are entitled to their costs, that is, where costs 
 are given at all.^ And when a petition is served upon 
 
 ' 2 Headl. Dan. Ch. Pr. 1207 ; * Richards v. Platel, Cr. & Ph. 79 ; 
 
 Hunter v. , 6 Sim. 429. Ayck. 261. 
 
 2 Ibii, * 6th Cons. Ord. r. 11. 
 
 3 Smith's CJbi. Pr. 489 ; Drewry, 174. « 2 Headl. Dan. Ch. Pr. 1207 ; Hx 
 
 c 
 
18 OF PETITIONS IN GENERAL. 
 
 parties who have no claim or interest, they are in general 
 entitled to appear and to have their costs. On this point, 
 however, there is not exact uniformity in the practice of the 
 different Courts.' 
 
 76. Where an unnecessary party had been served with a 
 petition solely in consequence of a claim set up by him, he 
 was left to bear his own costs.' 
 
 77. The Master of the Rolls usually allows a sum of 
 10/. without taxation, for the costs of a petition to obtain 
 money out of Court standing to a separate account, and in 
 which no one but the petitioners are interested.* 
 
 78. A party having an objection of form to a petition 
 ought to be prepared to answer the merits, if the objection 
 is overruled, and if it is necessary that the petition should 
 stand over to enable him to file affidavits, he pays the costs 
 of the delay.* 
 
 79. A party who from the heading of the account was 
 properly served with a petition, but whose appearance was 
 unnecessary, was refused his costs.^ 
 
 80. According to the present practice the Court dis- 
 approves of the appearance of parties on the hearing of a 
 petition,- though served, when their appearance is un- 
 necessary, and their costs will be disallowed;^ and a 
 respondent unnecessarily served is not, as a matter of 
 course, entitled to his costs.^ 
 
 81. When it is considered that the solicitor has, without 
 any fee, to read the petition in order to decide whether he 
 should appear or not, and incurs all the responsibility if 
 he decides not to appear, it is submitted by a learned 
 
 pa/rt£ Stevens, 2 Ph. 772 ; Be Shrews- ^ ^ ^.j^g Justices of Coventry, 19 
 
 bury School, 1 M. & G. 85. Beav. 158. 
 
 ! Drewry, 133. 6 Day v. Croft, 19 Beav. 518 ; Be 
 
 2 ite Shrewsbury School, uU swpra. Hertford Charity, Ibid., note. 
 
 3 Cover V. StiUweU, 21 Beav. 182. ' Be Birch's Legacy, 2 K. & J. 
 " Expwrte Bellott, 2 Madd. 269. 369. 
 
OF PETITIONS IN GENERAL. 19 
 
 writer that his costs of appearance ought to be allowed, 
 unless it is palpable that his appearance is merely for costs. ^ 
 
 82. Where a petition was served on a party, accompanied 
 with a notice that he was not interested therein and should 
 not appear at the hearing, he was nevertheless held entitled 
 to his cost of appearance.'* 
 
 83. In a manuscript case,^ a petition of appeal was 
 served on the plaintiff with notice to him not to appear on 
 it, he not being interested in the matter of the apphcation ; 
 the plaintiff, however, was held by the Lord Chancellor to 
 be entitled to his costs. 
 
 84. It would appear that a petition which the Court has 
 no jurisdiction to entertain may be dismissed with costs.* 
 
 85. In the case of petitions under Acts of Parliament 
 authorising the sale of property for public purposes where 
 the purchase money is directed by any such Acts of 
 Parliament to be paid into Court, the petitioners claiming 
 to be entitled to the money so paid in must make an 
 affidavit, not only verifying their title, but also stating that 
 they are not aware of any right in any other person, or of 
 
 any claim made by any other person, to the sum of £ 
 
 in the said petition mentioned, or to any part thereof; or if 
 the petitioners are aware of any such right or claim, they must 
 in such affidavit state and refer to and except the same.® 
 
 86. Solicitors and their clerks on bespeaking or applying 
 respecting orders made in any ex parte matter, should 
 enquire for the same by the title thereof as it appeared in 
 the Court paper. Orders drawn up by the Registrars wUl, 
 when entered, be delivered to the solicitor having the 
 carriage thereof, with his papers by the Assistant Clerks to 
 the Registrars.^ 
 
 • Smith's Oh. Pr. 154, n. 1. " 34th Cons. Ord. r. 3. 
 
 2 Rowley i>. Adams, 16 Beav. 312. " Regulations of the Registrars, 15tli 
 
 ' Smith, 154, n. 6. March, 1860, note. 
 
 « Re, Isaac, 4 My. & Or. 11. 
 
 q2 
 
CHAPTER II. 
 
 OF AFFIDAVITS IN SUPPORT OF PETITION'S. 
 
 1. Petitions may be supported or op- 
 posed by affidavits. 
 
 2. Nature of am affidavit. 
 
 3. What an affidavit should contain. 
 
 4. As to how alterations should be made. 
 
 5. How affida/mt shmiM be i/nUtuUd. 
 
 6. Affidamt made by clerk held suffi- 
 cient. 
 
 7. Sow talcen and expressed. 
 
 8. Must be divided into paragraphs. 
 
 9. CoDvnwncement of affidavit. 
 
 10. Affidavits not odmissiMe, when. 
 
 11. Soio affidavits should be copied. 
 
 12. 13. As to theju/rat. 
 
 14. Affidavit omiUmg words " make 
 oath," irregula/r. 
 
 15. Deponent signs his name or puts his 
 mark. 
 
 1 6. Sigrmtwre will not be dispensed vrith. 
 
 17. Where hand of ma/rksman guided, 
 held not suffixsmd. 
 
 18. Doawment may form pa/rt of affidomt 
 or be made am exhibit. 
 
 19. Exhibit mwst be impressed with some 
 ma/rk. 
 
 20. Better course not to annex document, 
 but make same exh/ibU. 
 
 21. Exhibit must be authenticated as the 
 document referred to. 
 
 22. Fee payable for each exhibit. 
 
 23. Before whom affidavits may be 
 sworn. 
 
 24. Place where affidomt sworn shmM 
 be stated. 
 
 25. Taxing-Master only swears affi- 
 da/vits as to costs. 
 
 26. Affidawit taken before solioitor in 
 cause can/net be read. 
 
 27. 
 
 28. 
 
 29. 
 
 30. 
 
 31. 
 
 32. 
 33. 
 34. 
 35. 
 
 36. 
 
 37. 
 
 38. 
 
 39. 
 
 40. 
 41. 
 
 42. 
 43. 
 44. 
 45. 
 
 46. 
 
 47. 
 
 48. 
 
 Nor before clerk of plaintiff's at- 
 torney. 
 
 Affida/vits may be sworn in Scotland, 
 Irelamd, or the Colonies. 
 Affidavits sworn before Master Ex- 
 traordinary i/n IrelaTid admissible. 
 As to affidavits taken previously to 
 recent Act. 
 
 Signatu/re of foreign nota/ry must be 
 verified. 
 As to fees. 
 
 As to filing affidavit. 
 As to affidavit sworn abroad. 
 Affidavit as to person being alive 
 does not require filing. 
 Affidavit must be duly filed and re- 
 
 Office copies of affidavits must be 
 
 obtained. 
 
 In vacation original affidavits may 
 
 Affidamts filed after time appointed 
 will be received. 
 As to affidavit of service. 
 Affidavit of personal service need not 
 state where served. 
 As to obtai/ning office copies. 
 No rule as to fili/ng affidamts. 
 As to affidavit of service. 
 Office copy must be produced before 
 Oowrt rises. 
 
 Respondent cam/not read co-respond- 
 en£s affidavit. 
 
 Notice must be given of intention to 
 use affidavit made on amother oc- 
 casion. 
 
 Ansuiervng of affidomt waiver of ob- 
 jection. 
 
OF AFFIDAVITS IN SUPPORT OF PETITIONS. 
 
 21 
 
 49. Affidemts read must he entered in 
 order. 
 
 50. ffea/ring will be postponed in mder 
 to allow time for filing of affidavits. 
 
 61. Affidavits read in Court may be used 
 at Chambers. 
 
 52. Notice to read affidavit cannot be 
 wUhdravm. 
 
 53. Person having made an aj 
 may be cross-eosamined. 
 
 Si. Course to be pursued. 
 
 55. Affidamts to state deponents Jcnow- 
 
 56. Costs of affidavits not in accordance 
 with preceding order to be disal- 
 lowed. 
 
 57. Expenses of settling affidamts by 
 counsel allowed, v/nder what ai/r- 
 ewittsUmecs. 
 
 1. All special petitions may be supported or opposed by 
 affidavits.* 
 
 3. An affidavit is a written statement on oath made by a 
 party to any proceeding in the Court, or by some witness 
 in support of bis case. In practice, affidavits very often 
 contain much that is not strictly legal evidence. It is not, 
 however, the custom of the Courts to reject an affidavit 
 because a part of it consists of mere hearsay or immaterial 
 matter. This habit, however, has produced considerable 
 laxity in the framing of affidavits, though without pro- 
 ducing any practical inconvenience.'^ 
 
 3. An affidavit should contain a correct statement of the 
 material facts of the case, and should not be argunaentative, 
 or contain scandalous or impertinent matter.^ 
 
 4. The Clerks of Records and Writs are at liberty to 
 refuse to file any affidavit in which there is any knife 
 erasure, or which is blotted so as to obliterate any word, or 
 which is improperly written, or so altered as to cause any 
 material disfigurement, or in which there is any interlinea- 
 tion of any word or words, unless the person before whom 
 the same is sworn duly authenticate such interhneation 
 with his initials in such manner as to show that the inter- 
 hneation of such word or words was made before such 
 
 ' Ayck. Ch. Pr. 263. 
 
 2 1 Headl. Dan. Ch. Pr. 733. 
 Tripp, 99. 
 
23 or AFFIDAVITS IN SUPPORT OF PETITIONS. 
 
 affidavit was sworn, and so as to mark the extent of such 
 interhneation.' 
 
 5. Every affidavit is intituled in the cause or matter in 
 which it is made, and contains the true place of residence, 
 description, and addition of the deponent.*^ Great care 
 should be taken that the names of the parties are accurately 
 set forth.^ 
 
 6. An affidavit made by a party who described himself 
 merely as clerk to Messrs. A., B. & C. of &c., solicitors, 
 was held sufficient.* 
 
 7. All affidavits must be taken and expressed in the first 
 person of the deponent. Any solicitor, party, or person 
 filing an affidavit not so taken and expressed, will not be 
 allowed the costs of preparing and filing such affidavit in 
 any taxation of costs. ^ 
 
 8. Every affidavit must be divided into paragraphs, and 
 every paragraph must be numbered consecutively, and, as 
 nearly as may be, confined to a distinct portion of the 
 subject.^ 
 
 9. If there is only one deponent, the affidavit commences, 
 
 "I, A. B. of , &c., make oath and say; &c." If 
 
 more than one deponent, it commences, " We, A. B., of 
 
 , &c., and C. D., of , &c., severally make oath 
 
 and say; and first, I the above-named deponent A. B., for 
 myself, say that, &c."^ 
 
 10. An affidaAat which does not express "that the depo- 
 nent " made oath " is not admissible.^ 
 
 11. Affidavits to be filed in the office of the Clerks 
 of Records and Writs are to be written on foolscap 
 
 ' let Cons. Ord. r. 36. Prentice, 2 Hare, 642, s. c. ; 12 Law J., 
 
 2 Smith's Ch. Pr. 407. Ch., 497 ; 7 Jur. 528. 
 
 ^ Itid. ; Salomon v. Stalman, 4 * IStli Cons. Ord. rr. 1, 2. 
 
 Beav. 243 ; Hawes v. Bamford, 9 Sim. 6 15 & ig Vict., u. 86, s. 37. 
 
 653. ■ Smith, 408. 
 
 * Boddington ti. Woodley, 12-LawJ., 8 phiUips 1). Prentice, ubi svpra. 
 
 Ch., 15, M. E. See also Phillips v. 
 
OF AFFIDAVITS IN SUPPORT OF PETITIONS. 23 
 
 paper, bookwise. Provided nevertheless that the Clerks of 
 Records and Writs may receive and file affidavits written 
 otherwise than as aforesaid, if in their opinion the circum- 
 stances of the case render such reception and filing desirable 
 or necessary. Both words and figures which occur in the 
 body of an affidavit should be written at length.^ 
 
 12. The jurat is a memorandiim by the person adminis- 
 tering the oath of the fact that the deponent has sworn 
 that the contents of the affidavit are true. The jurat 
 should in every case express the authority under which the 
 oath is administered. 
 
 13. The jurat is written at the foot of the affidavit, on the 
 right-hand side. No interhneation or erasure should be 
 made in the jurat, but if any alterations become necessary, 
 it should be re-written. Where there are several deponents, 
 the name of each should be specified in the jurat.^ 
 
 14 An affidavit headed " the joint and several affidavit," 
 and with the usual jurat annexed, but omitting the words 
 " we make Oath," is irregular, and must be amended and 
 re-sworn before being filed. ^ 
 
 15. The deponent signs his name at the foot or end of 
 the affidavit opposite the jurat ; but if he is unable to write, 
 he may make his mark, and the jurat is varied accordingly. 
 In such case the affidavit should be read over to the 
 deponent.* 
 
 16. The Court will not, on order, dispense with the 
 signature of the deponent.® 
 
 17. A marksman signed an affidavit with his name at 
 length, his hand having been guided on the occasion. The 
 affidavit was ordered to be taken off the file.® 
 
 > Smith, 408 ; Ayck. 265 ; Crook v. ' Smith, 408 ; Ayck. 264. 
 
 Crook, 1 Jur. (N. S.), 664, V. C. S. * Anderson v. Stather, 9 Jur. 1085, 
 
 2 Ayck. 265. V. C. K. B. 
 
 s Be Newton's Will, 8 W. K. 425, s. ' v. Christopher, 11 Sim. 409. 
 
 c. ; 2 Law T. (N. S.) 342, h. L. J. 
 
24 OF AFFIDAVITS IN SUPPORT OF PETITIONS. 
 
 18. If the deponent verifies a letter or other document, 
 it may either form part of the affidavit or be made an 
 exhibit, that is, be marked with some letter or number, and 
 referred to, and the following memorandum is made upon it, 
 and signed by the person administering the oath -. — 
 
 " In Chancery, 
 
 "A. V. B. 
 
 " This paper writing, marked with the letter A., was pro- 
 duced and shown to A. B. at the time of swearing his 
 affidavit in this cause, this day of before me."' 
 
 19. It is not sufficient to connect the exhibit with the 
 affidavit, but it must be impressed with some letter or 
 mark to which the affidavit refers.* 
 
 20. The better course is not to annex the document to 
 the affidavit, but to make the same an exhibit, as in the 
 former case the document forms part of, and must be filed 
 with, the affidavit. 
 
 21. In the case cited' the affidavit stated that "the 
 paper writing annexed thereto was a true copy of the deed." 
 The papers were connected by a ribbon, passed through a 
 slit in the documents, both ends of which were united 
 under the consular seal, but there was no mark upon the 
 alleged copy by way of identification, and the Clerk of 
 Records and Writs refused to file the affidavit ; the Court 
 held that the objection of the clerk was well founded, and 
 considered the settled practice to be, that in order to 
 identify the exhibit, it must be authenticated as the docu- 
 ment referred to in the affidavit. 
 
 22. If documents proved by affidavit are exhibited and 
 referred. to by the affidavit, instead of forming part of the 
 
 1 Smitli, 408. G. App. 2, s. c. ; 2 W. E. 298 ; 22 
 
 ' Ibid. Law T. 315. 
 
 ' Hewetson v. Todhunter, 2 Sm. & 
 
OF AFFIDAVITS IN SUPPOUT OF PETITIONS. 25 
 
 affidavit, it saves the expense of so much of the engross- 
 ment, and of so much of the fee for the office copy of that 
 part which is exhibited ; but it should be remembered 
 that a fee is payable for each exhibit.^ 
 
 23. Affidavits may be sworn in any part of the country 
 before persons regularly authorised for this purpose. A 
 recent Act^ has increased the number and defined the 
 authorities of these persons.^ Oaths may be administered 
 by the commission's appointed under this Act, not only 
 at their respective places of business, but anywhere within 
 the limits of their jurisdiction.* 
 
 24. The person administering the oath must at the foot 
 of every affidavit he takes express the town and county 
 where he takes it, or it is not to be held authentic or to be 
 filed.^ The place where the affidavit is sworn should be 
 expressed in the jurat, and it should be carefully read over 
 by the deponent before being sworn.^ 
 
 25. The Taxing-Master only swears affidavits relative to 
 costs. ^ 
 
 26. Affidavits taken before a person who was a solicitor 
 in the cause cannot be read.^ 
 
 27. Affidavits sworn before a Master Extraordinary who 
 was the clerk of the plaintiff's attorney were rejected.^ 
 
 28. An affidavit may be sworn and taken in Scotland, 
 Ireland, or the Channel Islands, or in any colony abroad 
 before any judge. Court, or person authorised to administer 
 oaths, and judicial notice is to be taken of the seal or 
 signature of any such Court.'** 
 
 29. An affidavit, purporting to be sworn before a Master 
 
 1 Smith, 409. ' 40th Cons. Ord. r. 1. 
 
 2 16 & 17 Vict., c. 78. « Be Hogan, 3 Atk. 812. 
 
 3 1 Headl. Dan. Ch. Pr. 733. " Wood v. Hai-pur, 3 Beav. 290, See 
 * Be Clerks of Records and Writs, 3 also Hopkin v. Hopkin, 10 Hare, 
 
 De G. M. & G. 723. App. 2. 
 
 6 Smith, 409 ; Wyatt's P. E. 3. '» 15 & 16 Vict. c. 86, s. 22. 
 
 6 Tripp, 100. 
 
26 OF AFFIDAVITS IN SUPPORT OF PETITIONS. 
 
 Extraordinary ^ of the Court of Chancery in Ireland,^ is 
 admissible in evidence in a matter before this Court, with- 
 out proof of the signature or official character of the person 
 before whom it is stated to be sworn.' 
 
 30. Affidavits taken in the colonies previously to the 
 recent Act, * in the presence of a person lawfully authorised 
 to administer oaths, are receivable in this country under 
 that Act^ without verification of the signature of the 
 person before whom they have been taken .^ 
 
 31. Where an affidavit is sworn before a notary public 
 of a foreign country not under the dominion of the Queen, 
 the signature of the notary must be verified before the 
 affidavit can be filed, unless by consent ; and the Court 
 cannot take . judicial cognisance of the notarial seal alone 
 as a sufficient justification.^ 
 
 32. The fee to a London commissioner for administering 
 an oath is, in all cases, one shilling and sixpence, and for a 
 country commissioner two shillings and sixpence. The fee 
 to the solicitor for preparing each exhibit, as well in town 
 as in country, is one shilling ; and the fee to the commis- 
 sioner for marking each exhibit is one shilling.^ 
 
 33. The original affidavit is taken to the Record and 
 Writ Clerks' Office, and left there to be filed, from whence 
 an office copy is procured by the party filing it.^ 
 
 34. An affidavit sworn abroad was ordered to be filed, 
 although the place at which it was filed was omitted in 
 the jurat.^" 
 
 35. An affidavit, however, proving that a person entitled 
 
 1 Appointed under 6 & 7 Vict. c. 82. ? ife Earl's Trust, 4 K. & J. 300 ; 
 
 2 Undertliel4&15Viot.,.c.99,s.lO. Haggitt «. Iniff, 5 De G. M. & G. 910, 
 
 3 Be Mahon's Trust, 9 Hare, 459. s. c. ; 1 Jur. (N. S.) 49. 
 
 See also Day v. Day, 11 Beav. 35. ' Regulations, Hilary Term, 1860 ; 
 
 ■* 15 & 16 Vict, c. 86. 2nd Sch. tit. Oaths and Exhibits. 
 
 = Sect. 22. 9 Smith's Ch. Pr. 411 ; Ayck. 268. 
 
 " Bateman v. Cook, 3 De G. M. & G. '» Meek v. Ward, 10 Hare, App. 1. 
 39. 
 
OF AFFIDAVITS IN SUPPOET OF PETITIONS. 27 
 
 to receive periodical payments of dividends from the 
 Accountant- General is alive, does not require to be filed.^ 
 
 36. Before any affidavit is exhibited in Court, or other- 
 wise produced for the purpose of grounding any order, 
 writ, process, or proceeding there, such affidavit must be 
 filed in the office of the Clerks of Records and Writs. 
 And no order grounded upon an affidavit shall be drawn 
 up, unless the affidavit be first so filed, and an office copy 
 thereof be producecj.*^ 
 
 37. The office copies of affidavits in support of an appli- 
 cation, must have been obtained at the time when the 
 Court was moved or petitioned.^ 
 
 38. In the long vacation when a matter presses, the 
 Court will sometimes take tbe original affidavits into its 
 custody, and act on them as if they had been filed ; but 
 when the Court is sitting, office copies alone can be 
 used.* 
 
 39. Affidavits will be received, although filed after a 
 time appointed, if a failure of justice or great inconvenience 
 would be occasioned by their rejection.^ 
 
 40. An affidavit of the service of an order of the Court, 
 must state that such order was " duly passed and entered."^ 
 
 41. An affidavit of the personal service of an order need 
 not state where service was effected.^ 
 
 42. Office copies of affidavits are to be made for and 
 taken by the party filing the same.^ 
 
 43. There is no rule that an affidavit should be filed a 
 certain time before the discussion.® 
 
 44. An affidavit of service of a copy of a petition, must 
 
 ' Smith, 411, n. 2. V. C. K. B. 
 
 = 18 Cons. Ord. r. 5. * Willetts v. Willetts, 5 Hare, 697. 
 
 ' Smith, 411 ; Jackson -i;. Caasidy, ' Ex parte Job re The Nantle Vale 
 
 10 Sim. 326. Slate Co., 33 Law T. 5, M. R. 
 
 * The Attorney-General v. Lewis, 8 " Ayck. 268. 
 
 Beav. 179. ° Expa/rU Leicester, 6 Ves. 432. 
 
 * Anderton v. Yates, 15 Jur. 833, 
 
28 OF AFFIDAVITS IN SUPPORT OF PETITIONS. 
 
 be made, at the latest, before the rising of the Court on 
 the day when the application is made.^ 
 
 45. An office copy must be produced to the Registrar 
 in Court before the Court rises. If an affidavit is filed 
 before the date of the fiat of the petition, notice thereof 
 should be given to the opposite solicitor, as he is not bound 
 to search for an affidavit of an earlier date than such fiat.*^ 
 
 46. As a general rule a respondent cannot read a co- 
 respondent's affidavit.^ 
 
 47. If a party intends to use an affidavit made on another 
 occasion, in the same matter, in support of any other appli- 
 cation to the Court, he must give notice thereof to the 
 other side.* 
 
 48. Answering an affidavit is a waiver of any objection 
 which might be taken to it, on the ground of notice not 
 having been given that it was to be used.* 
 
 49. As a general rule, all the affidavits read in Court 
 should be so entered in the order. This requires to be 
 particularly attended to by the party to whom costs are 
 awarded. The general rule in taxation is, only to allow 
 the costs of the affidavits prepared by the party to 
 receive costs, which are entered as read ; and the affidavits 
 filed by the opponent, whether they are entered in the 
 order or not, and also the costs of such affidavits as are 
 merely in answer to affidavits of the opponent, though not 
 entered in the order. An exception to this rule occurs in 
 the case of a person filing affidavits in opposition to an 
 application, which fails on applicant's own showing; in 
 which case the affidavits in opposition will be allowed, if 
 the Taxing-Master is of opinion that they are proper.^ 
 
 50. The Court wiU, at any time previous to the hearing, 
 
 ' Lord Milltown v. Stuart, 8 Sim. 34. ' Blaokmore v. The Glamorganshire 
 
 = Smith, 412. Canal Co., 5 Euss. 151. 
 
 ' Ibid. 6 Smith, 413, 
 * Ibid. 
 
OF AFFIDAVITS IN SUPPORT OF PETITIONS. 29 
 
 postpone the hearing in order to allow time for filing 
 affidavits; but no affidavits filed after the hearing has 
 begun may be read.* 
 
 51. All affidavits which have been previously made and 
 read in Court, upon any proceeding in a cause or matter, 
 may be used before the Judge in Chambers.^ 
 
 52. A party having filed or given notice to read an 
 affidavit is not at liberty to withdraw it.^ 
 
 53. Any person having made an affidavit to be used, or 
 which shall be used on any petition before the Court, shall 
 be bound on being served with a writ of subpoena ad 
 testificandum or duces tecum, to attend before an examiner, 
 for the purpose of being cross-examined.* 
 
 54. Any party in any cause or matter requiring the 
 attendance of any witness, whether a party or not, before 
 an Examiner for the purpose of being examined, or for the 
 purpose of being cross-examined, either on an affidavit or 
 on oral testimony, must give to the opposite party forty- 
 eight hours' notice at least of his intention to examine or 
 cross-examine such witness, and of the time and place of 
 such examination or cross-examination, unless the Court 
 shall in any case think fit to dispense with such notice.® 
 
 55. All affidavits, whether to be used at the hearing of 
 a cause, or on any other proceeding before the Court, must 
 state distinctly what facts or circumstances deposed to are 
 within the deponent's own knowledge, and what facts or 
 circumstances deposed to are known to or believed by him 
 by reason of information derived from other sources than 
 his own knowledge, and what such sources are.^ 
 
 56. The costs of affidavits not in conformity with the 
 
 ' Electric Telegraph Co. v. Nott, 11 Manby v. Bewicke, 2 Jiir. QS. S.) 672, 
 
 Jur. 273, V. C. Shadwell. L. L. J. 
 
 2 35tli Cons. Ord. r. 28. * 19tli Cons. Ord. r. 9. 
 
 3 Clarke v. Law, 2 K. & J. 28. « 18th Cons. Ord. i-. 3. 
 ■• 15 & 16 Vict. c. 86, ». 40. See 
 
30 OF AFFIDAVITS IN SUPPORT OF PETITIONS. 
 
 preceding rule, will be disallowed on taxation, unless the 
 court shall otherwise direct.^ 
 
 57. Expenses incurred in consequence of affidavits 
 being prepared or settled by counsel, are to be allowed 
 only when the Taxing-Master shall in his discretion and 
 in consideration of the special circumstances of each case, 
 think such expenses properly incurred ; and in such case 
 he shall be at liberty to allow the same or such parts 
 thereof as he may consider just and reasonable, whether 
 the taxation be between solicitor and client or between 
 party and party.** 
 
 ' IStli Cons. Ord. r. 4. ^ 40th Cons. Ord. r. 17. 
 
CHAPTER III. 
 
 ON EVIDENCE GENERALLY IN 
 
 11. 
 
 1. Acts of Parliament adm^sible in 
 evidence withcnU proof . 
 
 2. Every Act after Session of 1851 a 
 public Act. 
 
 3. As to records of Courts of Justice. 
 
 i. Books or other docwments of a public 
 nature. 
 
 5. Deeds, &c., thirty yewrs old prove 
 themselves. 
 
 6. Same rule applies to wills. 
 
 1. Examined copy of enrolled deed 
 
 8. In otJter cases deed must be proved 
 
 by attesting witness. 
 
 9. On ex parte applicaiions deed must 
 still be proved. 
 
 10. Certified copies of emiries at (he 
 General Segisier Office, a,dmissible. 
 
 12. 
 13. 
 
 11 
 16. 
 
 16. 
 
 17. 
 
 18. 
 19. 
 
 SUPPOET OF PETITIONS. 
 
 Mode of proof of birth, Sc, since 
 nth Aug^ist, 1836. 
 Prior to that period. 
 Extracts held sufficient, thcmgh in- 
 cunibents not stated to be entrusted 
 with register. 
 Identity must be proved. 
 Entry in parish register of time of 
 birth no evidence as to age. 
 As to evidence of birth ef illegitimate 
 child. 
 
 Neither probate nor letters of ad- 
 ministration evidence of death. 
 Proof of Urth, <i:c. in India. 
 Of ma/rriage of British subject in 
 foi 
 
 1. All printed copies of public and private and local 
 and personal Acts of Parliament printed by the Queen's 
 printers, whether in books or separate Acts, are admissible 
 as evidence without any proof being given that such copies 
 are so printed.' 
 
 2. Every Act made after the session of 1851, is deemed, 
 and taken to be, a pubhc Act, and must be judicially taken 
 notice of as such, unless the contrary be expressly provided 
 and declared by the Act itself.** 
 
 1 GUb. on Eyidence, 8 ; 1 Headl. Dan. Ch. Pr. 690 ; 8 & 9 Vict. c. 113, s. 3. 
 2 13 & 14 Vict. c. 21. 3. 7. 
 
32 ON EVIDENCE GENERALLY IN SUPPOllT OF PETITIONS. 
 
 3. Exemplified copies of records in other courts of 
 justice under the Great Seal of Great Britain, or under the 
 seals of the Courts themselves, are admissible in evidence 
 without further proof. The seal of the Queen and of the 
 superior Courts of Justice and of the Courts established 
 by Acts of Parliament, are admitted in evidence without 
 extrinsic proof of their genuineness; as, for example, the seal 
 of the county palatine of Chester, or of the Ecclesiastical 
 Court on an exemplification of a wUl.^ 
 
 4. Where any book or other document is of such a 
 public nature as to be admissible in evidence on its mere 
 production from the proper custody, and no statute exists 
 which renders its contents provable by means of a copy, 
 any copy thereof, or extract therefrom, is admissible in 
 evidence, provided it be proved to be an examined copy or 
 extract, or provided it purport to be signed and certified as 
 a true copy or extract by the officer to whose custody the 
 original is entrusted.'^ 
 
 5. It is a rule that if an instrument is thirty years old 
 it may be admitted in evidence without any proof of its 
 execution ; such instrument is said to prove itself.* This 
 rule applies generally to deeds, bonds, receipts, letters, and 
 all other writings, the execution or writing of which need 
 not be proved.* 
 
 6. A will also more than thirty years old may be read 
 in evidence without proof of its execution.® The thirty 
 years are to be computed from the date of the will, and not 
 from the death of the testator, and up to the time of its 
 production.^ 
 
 7. Where a deed, to the efficacy of which enrolment is 
 
 1 1 Ph. & Am. 613 ; 1 Headl. Dan. wick v. Reed, Mad. & Geld. 7. 
 
 Ch. Pr. 690. 6 Doe ^. WoUey, 8 B. & Or. 22 ; Doe 
 
 2 14 & 15 Vict., 0. 99, s. 14; v. Burdett, 4 A. & E. 1 ; Man v. Rick- 
 M Ph. & Am. 650. etts, 7 Beav. 93. 
 
 ' Idem, 652. As to letters, see Fen- « Man v. Ricketts, uH mpra. 
 
OF EVIDENCE GENERALLY IN SUPPORT OF PETITIONS. 33 
 
 essential, as a bargain and sale, is accordingly enrolled, 
 proof of the enrolment by an examined copy will dispense 
 with evidence of the execution by any of the parties to the 
 original deed.* 
 
 8. In all other cases, as a general rule, a deed is made 
 an exhibit, and proved by an affidavit of the attesting 
 witness, or, if he be dead, then by an affidavit of some 
 person who can speak to his handwriting. 
 
 9. On ex parte applications by petitions, a deed must 
 still be proved by the attesting witness. Should any 
 difficulty, however, arise, in obtaining such proof, a special 
 application may be made to the Court, by motion, to 
 dispense vdth the same. Where a case is contested, how- 
 ever, it would seem that a deed may be proved by 
 admission or otherwise under the provisions of the Common 
 Law Procedure Act, 1854.^ 
 
 10. All certified copies of entries purporting to be sealed 
 or stamped with the seal of the General Register Office, are 
 receivable as evidence of the birth, death, or marriage to 
 which the same relate, without any further or other proof 
 of such entry.^ 
 
 11. The birth, death, or marriage of any person, there- 
 fore, which has taken place since the 17th August, 1836, 
 when the General Registry was estabhshed, may be proved 
 by means of a certificate obtainable at the General Registry 
 Office, Somerset House, or from the District Registrar.* 
 
 12. Births, marriages, or deaths which took place 
 previously to the 17th August, 1836, when the General 
 Registry Act came into operation, may be proved by 
 extracts from the register books of baptisms, marriages, and 
 burials of the parish where the parties were baptised, 
 
 ' Eoscoe on Evidence, 125. " General Registry Act, 6 & 7 Will. 
 
 2 Sects. 26, 103 ; -Be Reay's Estate, 1 4, c. 86, s. 38. 
 
 Jur. (N. S.) 222; s. c. 3 W. R. 312, * TraiU d. KibWewhite, 10 Jur. 107, 
 
 V. C. K. See also Appendix, No. 4, n. V. C. of E. 
 
34 OF EVIDENCE GENERALLY IN SUPPORT OF PETITIONS. 
 
 married, or buried. The extracts do not. require any veri- 
 fication, but they must be signed and certified by the 
 rector, vicar, curate, or ofiiciating minister of the parish, 
 who has the custody of the parish register.^ A birth, 
 marriage, or death which has taken place since the 17th 
 August, 1836, may also be proved in a similar manner, if 
 considered more convenient. 
 
 13. Extracts from parish registers signed, in some 
 instances, by the incumbents of the respective parishes, and 
 in others by the curates of resident incumbents, and 
 certified, in each case, by the party signing, to have been 
 duly copied by him from the register, were held receivable 
 as evidence of marriages, baptisms, and deaths, although 
 the parties signing the extracts did not go on to certify 
 themselves to be respectively the proper officers to whose 
 custody the originals were respectively entrusted.*^ 
 
 14. The person named in the extract must be identified 
 by affidavit with the person whose birth, death, or marriage 
 it is intended to prove.^ 
 
 15. The registers of christenings, marriages, and burials 
 preserved in churches are good evidence of the facts which 
 it is the duty of the officiating minister to record in them,* 
 but an entry in the register of the christening of a child as 
 to the time of birth, is not, of itself, evidence of the age, 
 as the clergyman has no authority to make inquiry con- 
 cerning the time of birth, or to make any entry concerning 
 it in the register.^ If the time of baptism does not, there- 
 fore, sufficiently prove the age, evidence thereof must be 
 obtained by an affidavit of the mother, or other competent 
 person.® 
 
 1 Smith's Ch. Pr. 401. Trust, 2 Jur. (N. S.) 349, V. 0. W. 
 
 " lie Neddy Hall's Estate, 17 Jur. 29 ; a Smith's Ch. Pr. 401. 
 
 s. c. 22 Law J. (Ch.) 177, L. L. J. ■• Rosooe on Evidence, 1 79. 
 
 The report of this case in 2 De G. M. » Wihen v. Law, 3 Stark. 63. 
 
 & G. 748 is incorrect. See Se Porter's ^ Smith's Ch. Pr. 402. 
 
OF EVIDENCE GENERALLY IN SUPPORT OF PETITIONS. 35 
 
 16. An affidavit by the grandmother of an illegitimate 
 child as to the day of that child's birth, not stating that the 
 deponent was present at the birth, but merely at the 
 baptism, was held not sufficient evidence of the date of 
 birth qf an illegitimate child, though it would have been 
 in the case of a legitimate child.' 
 
 17. It is important to observe, that in the Court of 
 Chancery, neither probate, copy of a will, nor letters of 
 administration is any evidence of the decease of the testator 
 or intestate.'' 
 
 18. A birth, death, or marriage which took place in 
 India prior to the 1st of January, 1852, may be proved 
 by a certified extract from the books of baptisms, marriages, 
 and deaths in India, which are deposited in the India 
 House,^ and a birth, death, or marriage which took place 
 in India since the above date may be proved by a 
 certificate from the General Register Office.* 
 
 19. The marriage of a British subject in any foreign 
 country prior to the 28th of July, 1849, may be proved by 
 a certified extract from the register kept by the British 
 consul,* and since the above period by a certificate from 
 the General Register Office.^ 
 
 1 Anon. 1 Law T. 251, V. C. of E. ■• 14 & 15 Vict. e. 40, ss. 12, 21, 22. 
 
 2 Clayton v. Gresham, 10 Ves. 288 ; '2 Taylor on Evidence, 1235. 
 Moons V. De Bemales, 1 Ross. 301. « 12 & 13 Vict. c. 68, ss. 11, 12, 18. 
 
 3 2 Taylor on Evidence, 1235. 
 
 d2 
 
CHAPTER IV. 
 
 THE JURISDICTION OF THE COURT WITH REFERENCE TO CHARI- 
 TIES UNDER SIR SAMUEL ROMILLY'S ACT (52 GEO. 3, o. 101), 
 AND OTHER STATUTES CONNECTED THEREWITH. 
 
 10. 
 
 11. 
 12. 
 
 13. 
 14. 
 
 15. 
 
 16, 
 
 21. 
 
 22. Scmetion of Charity Cormnissitmers 
 not necessary under the circum- 
 stances. 
 
 23. When final order made, no longer 
 m/xMer " actually pending." 
 
 24. Where new application, sanction re- 
 
 2, 3. Natwe of jurisdiction exercised 
 iy Court over Charities. 
 Sir Samuel Mormlly's Act. 
 Signature to, amd allowance of, pe- 
 tition umder said Act. 
 As to exemption from stamp duty. 
 Operation ofSomilly's Act. 
 Controlled by Charitable Trusts Act. 
 Statement of 59 Geo. 3, c. 91. 
 Where statutes of Gha/rity insuf- 
 ficient, petition may he presented. 
 Statement o/ 3 <fc 4 Vict. c. 77. 
 Master wnd patron should home notice 
 of application. 
 
 Statement o/ 8 & 9 Vict. c. II). 
 Heading of petitions wider foregoing 
 statute. 
 
 Three last statutes proceed on basis 
 of JRomilly's Act. 
 
 17, 18, 19, 20. Statement of provi- 
 sions of Charitable Trusts Act, 1853. 
 As to signatv/re of petition under 
 Bomilly's Act, amd necessa/ry certi- 
 
 25. Naiwre of sanction reqmred, 
 
 26. Vesting orders may be made at 
 Chambers. 
 
 27,28. Romilhf s Act only a/ppliesbetween 
 trustees amd, objects of the trust. 
 
 31 
 
 32, 
 
 29. Where question relates to original 
 constitution information necessary. 
 
 30. Sjymilhf s Act only applies to plain 
 cases of breach of trust. 
 Where adverse right claimed, case 
 for information. 
 
 Also where question arises as to pwr- 
 poses of fund. 
 
 33. Class of cases where Cowrt hasju/ris- 
 diction under Sammy's Act. 
 
 34. The same where no jvmsdiction. 
 36. As to receiving unsigned petitions. 
 
 36. Under Bomilly's A(st Court may ap- 
 portion income. 
 
 37. And sale or exchange mmj be di- 
 
 38. Where adverse claim set upjSomilly's 
 Act does not apply. 
 
 39. As to futv/re applicaMons to ihe 
 
 Court. 
 
 40. As to referring to scheme. 
 
 41. Usual cov/rse as to scheme. 
 
 42. Orders on petitions same effect as 
 
 43. May be altered by subsequent infor- 
 mation. 
 
 44. When information and petition 
 proceeding together. 
 
 45. Court no alternative wnder 8 <fc 9 
 Vict. c. 70, but to interfere. 
 
 46. Court may apportion gifts. 
 
 47. Principle of division must not be 
 stated. 
 
 48. As to discretion exercised under 8 <{• 9 
 
 Vict. c. 70. 
 
 49. As to short order on motion. 
 
OF JURISDICTION OF COURT OVER CHARITIES. 87 
 
 50. Parties not served cam/not he heard. 
 
 51. Party pffrsonally interested wUl re- 
 ceive his costs. 
 
 62. Parties having no interest must at- 
 tend at their own expense. 
 53. Petitioner must bear costs of wme- 
 
 54. Costs apportioned between the dif- 
 ferent charities. 
 
 55. How petition for appointment of new 
 trustees should be intituled. 
 
 56. Costs of parties appearing to aid 
 Attomey-Qeneral not allowed. 
 
 57. Vesting order made at Chambers 
 under the drcwmsiamces. 
 
 58. Subsequent applications require 
 Commissioners' certificate. 
 
 59. Application for appoinlnnent of 
 future trustees directed to be made 
 at Chambers. 
 
 60. Application of Peto's Act 
 
 1. The Court of Chancery has from a very early period 
 exercised both an original and a statutory jurisdiction con- 
 cerning charities. With respect to the original jurisdic- 
 tion, it does not seem very clear what portion of this 
 jurisdiction of Chancery over charities was assumed 
 previous to the statute 43rd EUz. c. 4, what portion of 
 it arose from the power of the sovereign as parens patricB, 
 to institute proceedings by means of the Attorney-General 
 on behalf of charities, and what portion of it is incidental 
 to the general jurisdiction of the Court to enforce trusts of 
 all descriptions.^ 
 
 2. Commissions under the statute of Eliz., however, 
 soon fell into disuse. Still occasionally resort was had to 
 its provisions, and the last case under this Act occurred 
 in 1808.'' 
 
 3. Commissions for charitable uses having thus fallen 
 into disuse partly by their abuse, (and whoever reads the 
 proceedings under them must see there was frequently 
 great abuse), and partly because they were found in- 
 sufficient in prosecuting the claim in many cases, and 
 also from being extremely unjust in many instances, as to 
 the persons called upon to account for property, or the 
 
 » 2 Headl. Dan. Ch. Pr. 1334, 1335; ^ Expwrte Kirkby Eavensworth Hos- 
 
 2 Story, Eq. Jur. 566, et seq. pital, 15 Ves. 305. 
 
38 OF JURISDICTION OF COUBT OVER CHARITIES. 
 
 persons sought to be charged by. means of these com- 
 missions, the proceeding for a long period was by informa- 
 tion in the name of the Attorney-General.' 
 
 4. Under these circumstances the attention of Sir 
 Samuel Romilly was directed to the subject of charities, and 
 a summary process being considered desirable, a statute 
 commonly called Sir Samuel Romilly's Act, was passed 
 in 1812, intituled "An Act to provide a summary remedy 
 in cases of abuses of trusts created for charitable pur- 
 poses." This statute enacts, that in every case of a breach 
 of any trust created for charitable purposes, or whenever 
 the direction or order of a Court of Equity shall be deemed 
 necessary for the administration of any trust for charitable 
 purposes, any two or more persons may present a petition 
 to the Lord Chancellor or Master of the Rolls'^ stating such 
 complaint, and praying such relief as the nature of the 
 case may require, and such petition may be heard, and 
 determined in a summary way, and upon affidavits or such 
 other evidence as may be produced upon the hearing, and 
 such order shall be made therein, and with respect to the 
 costs of such application, as shall seem just ; which order is 
 to be final and conclusive unless an appeal be preferred 
 within two years to the House of Lords. ^ 
 
 5. Every petition so to be preferred Inust be signed by 
 the persons preferring the same, in the presence of, and 
 attested by the solicitor or attorney concerned for such 
 petitioners, and every such petition must be submitted to, 
 and allowed by the Attorney- or Solicitor-General, and such 
 allowance certified by him before any such petition is 
 presented.* 
 
 > Per Ld. Redesdale.in Corporation of under this Act. Ee Royston Grammar 
 
 Ludlow V. Greenhouse, 1 Bl. {N. S.) 62. School-, 9 Law J. (S. S.) Ch. 250, L. C. 
 
 2 The Lord Chancellor has no juris- a 52 Geo. 3, u. 101, sect. 1. 
 
 diction to entertain an appeal from an * Sect. 2. See Se Dovenby Hospital, 
 
 order made hy the Master Cf the RoUs 1 My. & Cr. 279. 
 
OP JURISDICTION OF COURT OVER CHARITIES. 39 
 
 6. Neither the petitions or any proceedings upon the 
 same or relative thereto, or the copies of any such petitions 
 or proceedings are subject or hable to the payment of any 
 stamp duty whatever.^ 
 
 7. The above Act is so general in its language as in 
 terms to apply to almost every case of breach of trust; 
 but we shall find when we come to direct attention to the 
 decisions which have arisen under this statute, that its 
 operation has been confined within, comparatively speaking, 
 narrow limits. * 
 
 8. It may be here remarked, that the operation of this 
 statute is now much controlled by the provisions of the 
 Charitable Trusts Act, 1853, which we shall presently 
 notice. It may be advisable, however, in the first place, to 
 bring before the attention of the reader the statutes 
 subsequent to Sir Samuel Romilly's Act, which have 
 extended the summary remedy thereby provided. 
 
 9. The first of these statutes is the 59 Geo. 3, c. 91, 
 intituled " An Act for giving additional facilities in applica- 
 tions to Courts of Equity, regarding the management of 
 estates or funds belonging to Charities." This statute 
 recites an Act passed in the then last session of Parliament, 
 intituled " An Act for appointing Commissioners to inquire 
 concerning Charities in England for the education of the 
 poor," whereby certain commissioners were appointed for the 
 execution of such Act, and an Act passed in the then present 
 session of Parliament, intituled " An Act to amend an Act 
 of the last Session of Parliament, for appointing Commis- 
 sioners to inquire concerning Charities in England for the 
 education of the poor, and to extend the powers thereof 
 to other Charities in England and Wales," whereby the 
 numbers and powers of the said commissioners were 
 extended. The present statute then enacts, that whenever 
 
 1 Sect. 3 
 
40 OF JURISDICTION OF COURT OVER CHARITIES. 
 
 upon any examination or investigation by the commissioners 
 any case shall arise or happen in which it shall appear that 
 the directions or orders of a Court of Equity are requisite for 
 the remedying of any neglect, breach of trust, fraud, abuse 
 or misconduct in the management of any trust created for any 
 charitable purposes, or of the estates or funds thereto belong- 
 ing, or for regulating the administration of any such trust, 
 or of the estates or funds thereof, the commissioners, or any 
 five or more of them, may certify the particulars of such case 
 in writing to the Attorney- General, who may thereupon by a 
 summary application in the nature of a petition, institute 
 a suit in the Court of Chancery, stating and setting forth 
 the neglect, breach of trust, fraud, abuse, misconduct or 
 other cause of complaint or application, and praying such 
 relief as the nature of the case may require.* 
 
 10. And whenever it shall appear to the trustees of any 
 free school, hospital, or other charitable institution, or 
 donation, that the statutes or regulations thereof are insuf- 
 ficient for the secure and due administration of the funds 
 thereto belonging, such number of them as are by the said 
 statutes or regulations empowered to do any act, may with 
 the consent of any five or more of the commissioners, 
 present a petition praying such relief as the nature of the 
 case may require.'^ 
 
 11. The next statute which it is necessary to notice on 
 this subject is the 3 and 4 Vict. c. 77, intituled "An Act 
 for improving the condition and extending the benefits of 
 Grammar Schools." This statute confers on the Court of 
 Chancery powers with reference to the extension of the 
 system of education in these establishments to other useful 
 branches of literature and science, in addition to, or in lieu of 
 the Greek and Latin languages, and generally as to the 
 management and regulation of matters relating to grammar 
 
 ' Sect. 1. 2 Sect. 5. 
 
OP JURISDICTION OF COURT OVER CHARITIES. 41 
 
 schools. The powers however thus conferred, relate as 
 weU to the original as to the statutory jurisdiction of the 
 Court, and therefore it does not seem within the province 
 of this work to state the enactments of this statute further 
 than to observe, that all applications may be heard and 
 determined, and all powers given by this Act to the Court 
 of Chancery may be exercised in cases brought before such 
 court by petition only, such petitions to be presented, heard 
 and determined according to the provisions of Sir Samuel 
 Romilly's Act. 
 
 12. The Court will not proceed with the .hearing of a 
 petition under the foregoing Act for the purpose of obtain- 
 ing an extension of the system of education in a free 
 grammar school until the master of the school for the time 
 being, and the patron by whom he is appointed, have been 
 served withnotice of the application.^ 
 
 13. The next statute on this subject is the 8 and 9 Vict. 
 c. 70, intituled " An Act for the further amendment 
 of the Chm-ch Building Acts." This statute after reciting 
 the various Acts relating to the building of additional 
 churches, and conferring new powers on Her Majesty's 
 Pommissioners for Building new Churches, enacts that 
 where Her Majesty's commissioners shall form any distinct 
 and separate parish, district parish, or district chapelry, 
 out of any parish or extra-parochial place, the Court may 
 on a petition being presented by any two persons resident 
 in any such parish or extra-parochial place apportion 
 between the remaining part of such parish or place, 
 and the distinct and separate parish, district parish, or 
 district chapelry, any charitable devises, bequests, or gifts 
 which shall have been made or given to or for the 
 use of any such parish or extra-parochial place, or the 
 produce thereof, and in any such case the Court may 
 
 I Re The'Marlborough Grammai- School, 7 Jur. 1047, L. C. 
 
42 OF JURISDICTION OF COURT OVER CHARITIES. 
 
 direct the mode of distribution of the proportions of 
 such devises, bequests, or gifts, or the produce thereof, 
 and the Court may also make an apportionment of debts 
 and' charges. 
 
 14. A petition under the foregoing statute should be 
 headed "In the matter of Sir Samuel Romilly's Act," 
 as well as "In the matter of the 8th and 9th of the 
 Queen.i" 
 
 15. The learned reader will have observed that the three 
 preceding statutes proceed on the basis of the summary 
 jurisdiction first given by Sir Samuel Romilly's Act, and 
 that they extend the statutory jurisdiction thereby provided 
 to new cases of breach of trust, and otherwise relating to 
 the regulation of charities. 
 
 16. The operation of the foregoing statutes is now regu- 
 lated and restrained in a great measure by the enactments 
 of the Charitable Trusts Act, 1853. By this statute Her 
 Majesty is empowered to appoint a board of commissioners, 
 to be styled the " The Charity Commissioners for England 
 and Wales," to exercise the powers conferred on them by 
 the Act. Before any petition is now presented with 
 reference to any charity except by the Attorney- General 
 acting ex officio, notice in writing of the intended applica- 
 tion must be given to the board, and their sanction 
 obtained, testified by an order or certificate signed by their 
 secretary. 
 
 17. Wherever also the income of any charity exceeds 
 30/. any person authorised by the order or certificate of the 
 board or the Attorney- General may apply to the Master of 
 the RoUs or to any of the Vice-chancellors sitting at 
 Chambers for such order, direction or relief as might be 
 obtained by means of a petition under either of the statutes 
 before enumerated, and where the income of any charity 
 
 1 Pe,r K. Bruce, V. C, ifc West Ham Charities, 2 De G. & S. 218 ; see p. 222. 
 
OF JURISDICTION OF COUftT OVER CHARITIES. 43 
 
 does not amount to 30/. a like application may be made 
 to the District Court of Bankruptcy, or to the 'County 
 Court. 
 
 18. The Court of Chancery has jurisdiction by way of 
 appeal from the County Court in cases of which the latter 
 has cognisance under the provisions of the Charitable Trusts 
 Act, 1853.1 
 
 19. By the Charitable Trusts Act also, ample powers 
 are given to the Cpurt with reference to the vesting of 
 estates, and the transfer of funds belonging to charities. 
 
 20. However subject to the controlling provisions of the 
 Charitable Trusts Act, the enactments of Sir Samuel 
 Romilly's Act, and of the other statutes connected there- 
 with are stiU in fuU force. 
 
 21. The original petition under Sir Samuel Romilly's 
 Act must be signed by the petitioners in the presence of the 
 solicitor, and be attested thus : — " Signed by the petitioners 
 in the presence of A. B. solicitor to the petitioners in the 
 matter of this petition." A certificate should also be 
 obtained and left with the Attorney-General, signed by the 
 counsel who prepared the petition, to the effect, that in his 
 opinion, the petition is one proper to be presented under 
 the Act. The solicitor for the petitioners must also certify 
 " that the above-named petitioners are able to answer the 
 costs of this apphcation."'* There must also be a certificate 
 from the solicitor or his clerk, that the petition presented 
 to the Judge, is a true copy of the original petition 
 submitted for the sanction of Her Majesty's Attorney- 
 General.' 
 
 32. Where part of lands belonging to a charity had been 
 
 1 See sect. 37. An order of tte S.) 290 ; 2 Law T. (N. S.) 10, V. C. S. 
 
 County Court was reversed on petition ' 2 Headl. Dan. Ch. Pr. 1339. 
 
 in the case of Be Donington Churoli ' Re the Warwick Charities, 1 Ph. 
 
 Estate, 8 W. B. 301 ; s. c. 6 Jur. (N. 569. 
 
44 OP JURISDICTION OF COURT OVER CHARITIES. 
 
 taken by a railway company, and the purchase naoney paid ^ 
 into Court, it was held that the sanction of the Charity 
 Commissioners was not necessary to an order for the invest- 
 ment and application of such purchase money made on the 
 petition of the trustees of the charity. The words " in any 
 suit or matter actually pending " in the 17th section of the 
 Charitable Trusts Act, 1853, refer to a suit or matter 
 actually pending at the time of the application ; but the 
 matter being before the Court by the money being paid 
 into Court, there was nothing to prevent an application 
 being made for its disposal.^ 
 
 33. Where a final order has been made on a petition, it 
 can no longer be said to be a matter " actually pending " 
 for the purposes of the Charitable Trusts Act, 1853.*^ 
 Therefore, where a petition was presented for the appoint- 
 ment of new trustees under a scheme ordered and settled 
 by the Court upon a petition presented in 1854, the Court 
 required the certificate of the Charity Commissioners to 
 such petition.^ 
 
 24. If in any suit or matter already pending the sanction 
 of the Court is sought for a new application of the charity 
 funds, the certificate of the commissioners should be pre- 
 viously obtained.* 
 
 25. The sanction required is not that the commissioners 
 approve of the application being granted by the Court, but 
 that they approve of the application being made.® 
 
 26. Under the provisions of the Charitable Trusts Act, 
 the Master of the RoUs and the Vice -Chancellors sitting at 
 Chambers, may make vesting orders under the Trustee. 
 Act, 1850, without a petition.® 
 
 > He Lister's Hospital, 6 De G. M. s. c. 7 W. R. 606. 
 & G. 18i ; s. c. 4 W. R. 166 ; 26 Law * Ford's Charity, 3 Ih-ewry, 324. 
 
 T. 192. 6 Tripp, Ch. Pr. 156, n. 
 
 2 Sect. 17. " iJe Davenport's Charity, 4 De G. 
 
 3 Be Jaivis' Charity, 1 Dr. & Sm. 97 ; M. & G. 839. 
 
OF JURISDICTION OF COURT OVER CHARITIES. 45 
 
 27. The terms of Sir Samuel Romilly's Act are most 
 general. It creates the summary jurisdiction in all cases 
 of breach of trust, or supposed breach of trust, and in all 
 cases where the order or the direction of the Court shall be 
 deemed necessary for the administration of any trust for 
 charitable purposes : but the decisions have settled that it 
 does not apply between the trustees and strangers, that it 
 applies only between the trustees and the objects of the 
 trust ; and that it is in the discretion of the Court to what 
 extent it ought as between them to be applied. The cases 
 do not enable any j&xed rule to be laid down, by which the 
 Court can be' governed in the exercise of that discretion. 
 Perhaps the rule might well be laid down, that the Act at 
 aU events may safely be resorted to in all cases where the 
 objects of the charity have no distinct interests, and where> 
 therefore, the Attorney-General properly represents them 
 all ; and in all cases where although there may be distinct 
 interests, no substantial question of principle can arise 
 between the several objects.^ 
 
 28. The received opinion is, that Sir Samuel Romilly's 
 Act must be dealt with so as to be made applicable only to 
 cases where the conduct of the trustees of a charity comes 
 under consideration, and- to cases where it becomes neces- 
 sary to give some order or direction for the administration 
 of the funds of the charity ; but an order or direction the 
 direct effect of which would be to put an end to a charity 
 cannot be considered as an order or direction for its 
 management.'^ 
 
 29. Where the rule laid down for the management of a 
 charity is clear, and the only question is, whether the parties 
 have acted according to that rule or not, that is a question 
 
 1 Pe.r Tomer, V. C, Attorney Ge- Beav. 610 ; seep. 617. 
 
 neral ii. Bishop of Worcester, 9 Hare, = iJe Reading Dispensary, 10 Sim. 
 
 328 ; see pp. 357, 358. Per RomiUy, 118. 
 M. R., ife Manchester New College, 16 
 
46 OF JUKISDICTION OF COURT OVER CHARITIES. 
 
 which may be determined on petition. But where the 
 question has reference to the original constitution of the 
 charity, as for instance, whether certain persons called 
 governors or trustees have a certain authority, that is a 
 question touching the original constitution of the charity, 
 which can be decided only on information.* 
 
 30. If the question is, whether on the face of the instru- 
 ment, a trust is, or is not created in favour of a given 
 individual, that question cannot be decided on petition. 
 The intention of the legislature was, that Sir Samuel 
 Romilly's Act should apply only to plain cases of breach of 
 trust.'' 
 
 31. If it is admitted that A. is a trustee, and the only 
 question is, what he ought to do, then the case is within 
 this Act; but if A. claims to be a trustee and another 
 person claims an adverse estate or interest, then it is a case 
 that must be decided by an information and not by a 
 petition.^ 
 
 32. .If the question be, what persons have a right to 
 administer a trust for charitable purposes, that is, if the 
 right be disputed between A. and B., the question must be 
 decided on information, and not on petition. So too if the 
 question be, what are the purposes to which the funds of 
 the charity ought to be applied, that is a question which 
 ought to be decided on information.* 
 
 33. Under Sir Samuel Romilly's Act, the Court may con- 
 sider a scheme for the management of a school,^ or of the 
 charity estate,^ or may reinstate a. school-master if improperly 
 
 ' Attorney-General v. The Corpora- Sim. 101 ; per .Shadwell, V. C, see p. 
 
 tion of Bristol, 14 Sim. 648 iper Shad- 108. 
 
 well, V. C, see pp. 652, 653. 6 ^ Royston Free Grammar School, 
 
 2 Be Dean Clarke's Charity, 8 Sim. 2 Beav. 228 ; Se The Rugby School, 1 
 34 ; per ShadweU, V. C, see p. 42. Beav. 457. 
 
 3 JJePhiUipott's Charity, 8 Sim. 381 ; « Bx pa/rte The Berkhampstead Free 
 per ShadweU, V. C, see p. 389. School, 2 Ves. & B. 134 ; Se Chertsey 
 
 ■• Re West Retford Church Lands, 10 Market, 6 Pr. 261. 
 
OP JUKISDICTION OF COURT OVER CHARITIES. 47 
 
 dismissed,* or settle conflicting claims under the same 
 instrument,'* or appoint new trustees.* 
 
 34. This Act, however, does not extend to constructive 
 trusts,* and the Court has no power under it to determine 
 whether the trustees have power to alter the old rules and 
 regulations of a school,^ or to set aside a lease of the charity- 
 property,® or to add to the number of trustees limited by the 
 foundation;'' or to direct accounts of the estate of persons 
 who have received rents belonging to the charity.® 
 
 35. The Court has been in the practice of receiving 
 petitions under this Act without the allowance of the 
 Attorney-General, upon matters which grow out of, or have 
 reference to what the Court has before done upon a petition 
 properly certified by him.^ 
 
 36. The" Court has jurisdiction under this Act to allot 
 the proportions in which the income of a charity is to 
 be applied towards its different objects.*" 
 
 37. Where a sale or exchange of real estate belonging 
 to a charity would be obviously beneficial, the Court will 
 give its sanction to such sale on a petition presented under 
 this Act." 
 
 1 iJe Phillips' COiarity, 9 Jut. 959, V. ^ ji^ gt. Wenn's CHarity, 2 Sim. & 
 C. K. Brace; ife Fremington School, 10 St. 66. 
 
 Jur. 512, V. C. K. Brace ; but see crnitra ' Attorney-General v. Earl of Devon, 
 
 Attorney- General v. The Corporation 15 Sim. 193 ; per Cottenham, C, see 
 
 of Bristol, 14 Sim. 648 ; Attorney- pp. 262, 263 ; Re The Godmanchester 
 
 General -u. The East Retford Grammar Grammar School, 15 Jur. 833, V. 0. 
 
 School, 17 Law J. (Ch.) 450, V. C. of E. K. B. 
 
 2 Re the Parish of Upton Varren, ^ Re Hall's Charity, 14 Beav. 116. 
 
 1 My. & K. 410. " ■»« Parke's Charity, 12 Sim. 329 ; 
 
 3 Bignold V. Springfield, 7 CI. & Fin. Re The Overseers of Ecclesall, 16 
 »■, Beav. 297; Re Newton's Charity, 12 
 
 4 Fxpwrte Brown, Cooper, 295. Jut. 1011, L. C. ; Mildmay v. Lord 
 
 5 Attorney-General v. The East Ret- Methuen, per Lord Cranworth, 22nd 
 ford Grammar School, iiH supra. Feb. 1861, cited 14 Beav. 121 note ; 
 
 6 Sx parte Skinner, 2 Meriv. 453 ; s.c. sed vide Re Ashton Charity, 22 Beav. 
 1 Wils C C 14. 2®^ ; ^ Lyford's Charity, 16 Beav. 
 
 7 Re Storey's Almshouses, 9 Law J. 297 note ; Re The Suir Island Female 
 ,„ s \ Ch 93 Charity School, 3 Jon. & La. 171. 
 
48 OF JURISDICTION OF COURT OVER CHARITIES. 
 
 38. Where for a period of 240 years the funds of a 
 charity had been distributed among the poor of two 
 parishes, and a claim was set up by the poor of other 
 parishes, it was held that the case was not one to be 
 decided under Sir Samuel Romilly's Act ; and that, in the 
 (Kise of an adverse claim, the Attorney-General must be a 
 party to the proceeding, notwithstanding the parties before 
 the Qourt might have divided interests.* 
 
 39. In settling a scheme under this Act the Court 
 ordered that, as well with regard to the appointment of 
 new trustees, as on some other occasions in which it was 
 contemplated by the scheme that circumstances in the 
 government of the charity might call for the direction of 
 the Court, the trustees should apply to the Court, and that 
 such application should be made before thfe Judge at 
 Chambers, of which application the Attorney- General 
 should have notice.^ 
 
 40. To avoid the necessity and expense of setting out 
 the scheme in the order of the Court, the practice is for 
 the settled copy of the scheme to be prepared and signed 
 by the Judge, and filed in the Court, and the order refers 
 to the copy so filed. 
 
 41. The usual course is to lay the scheme before the 
 Attorney-General, and, if no objection be made, to bring 
 the same before the Court for approval, and so that if there 
 should be any points on which objections to the scheme 
 arise, the points in dispute may be argued in Court.^ 
 
 43. The orders made on petitions under this Act must 
 be considered to have the same effect as decrees made on 
 informations, and the Court has precisely the same powers 
 
 ' Be Magdalen Land Cliarity, 9 Hare, App. 1, 5. 
 Hare, 624. See also, £x parfe Rees, 3 'Be Wyersdale School, 10 Hare, 
 
 Ves. & B. 10. App. 74. 
 
 - Re Grammar School at Yarm. 10 
 
OF JURISDICTION OF COtJET OVEK CHARITIES. 49 
 
 of dealing with schemes made on petitions as in cases of 
 informations.^ 
 
 43. The Court has jurisdiction on a subsequent infor- 
 mation to alter a scheme settled on a petition under this 
 Act.2 
 
 44. Where an information and a petition under Sir 
 Samuel RomUly's Act are proceeding together, and include 
 the same or part of the same objects, the Court will refer the 
 matter to the Attorney-General as to which should proceed.^ 
 
 45. Taking it for»granted that there are the best inten- 
 tions on all sides, and that the charity property has been 
 duly administered, and that it is the wish of all parties that 
 the same shall be duly administered, yet, under the Act 
 8 & 9 Vict. c. 70, the Court has no alternative but to 
 interfere.* 
 
 46. Under Sir Samuel Romilly's Act, and the 8 & 9 Vict. 
 0. 70, or one of them, the Court has power to make an 
 apportionment of the gifts in favour of a particular division 
 of a parish, where part of such division has been assigned 
 to a new church, between the district so assigned and the 
 other part of the division ; the Court also has power to 
 award to a particular division assigned to a new church, 
 the gifts which have been made in favour of such division.' 
 
 47. Though the Court will take into consideration par- 
 ticular circumstances, in arriving at a conclusion about the 
 correct apportionment to be made under the 8 & 9 Vict. c. 
 70, yet the order on the petition must be confined simply 
 to the division of the gifts, and nothing must be inserted 
 in it about the principle on which the division has been 
 made.^ 
 
 ' Attorney-General r. Bishop of Wor- & W. 303. 
 
 cester, 9 Hare, 328 ; see pp. 359, 360. " Re West Ham Charities, 2 De G. & 
 
 ' Attorney-General v. Earl of Stam- S. 218. 
 
 ford, 1 Ph. 737. ' Ibid. 
 
 ' Attorney-General v. Green, 1 Jac. * Ibid. 
 
50 OF JXIRISiriCTION OF COURT OVER CHARITIES. 
 
 48. The sound view of the Act of the 8 & 9 Vict. c. 
 70, would appear to be that the Court should have a dis- 
 cretion, and, in exercising that discretion, that the Court 
 should be guided by the circumstances, whether the 
 administration of the charity is or is not affected by the 
 division of the parish into districts, to the prejudice of the 
 inhabitants of the new district.' 
 
 49. Where a petition has been presented under Sir 
 Samuel Romilly's Act for regulating a charity, and an 
 order made upon it for payment of a sum of money, a 
 short order to enforce its execution may be made on motion, 
 although the Act requires proceedings under it to be by 
 petition.^ 
 
 50. Parties who have not been served with the petition 
 under Sir Samuel Romilly's Act, are not in strictness 
 entitled to be heard ; but, as making orders under this 
 Act is clearly discretionary in the Court, and ought not to 
 be done in cases in which the Court sees that the juris- 
 diction given by the Act, cannot be exercised with justice 
 to all parties or with benefit to the charity, counsel for 
 such parties may perhaps be heard with advantage, for the 
 purpose of enabling the Court to judge in what manner 
 that discretion ought to be exercised.^ 
 
 51. Where a party is personally interested in matters 
 connected with a charity, he will receive his costs of 
 attending at chambers with reference to those matters, but 
 no others.* 
 
 52. Where, however, the charity is not likely to derive 
 benefit from the attendance of parties, and where they 
 
 ' Ex parte Incumbent of Brompton, ral v. Earl of Devon, 15 Sim. 193 ; see 
 
 5 De G. & S. 626. pp. 259, 260. 
 
 2 Jie Chipping Sodbnry School, 5 Sim. < Se Shrewsbury Grammar School, 
 
 410. See also Re Slewringe's Charity, 1 M. & G. 324 (see p. 334) ; b. c. 1 H. 
 
 3 Mer. 707. & T. 401. 
 
 ' i'er Cottenham, C, Attorney-Gene- 
 
OF JURISDICTION OF COURT OVER CHARITIES. 
 
 have 110 individual interest, they may attend, but it must 
 be at their own expense.^ y. 
 
 53. Those who present petitions under Sir Saniuel 
 Romilly's Act in difficult and complicated cases, after the 
 opinions of Lord Eldon and Lord Redesdale upon the im- 
 propriety of petitions in such cases are so weU known to 
 the profession, must take the consequences. The costs in 
 such a case will not be directed to be paid out of the 
 charity property, but by the petitioners themselves.^ 
 
 64. On a reference having been made under Sir Samuel 
 Romilly's Act, to settle a scheme as to twenty charities, 
 the costs were paid out of an existing available fund be- 
 longing to three of them, but it was ordered that they 
 should be ultimately borne rateably by the twenty 
 charities.^ 
 
 55. A petition for the appointment of new trustees of a 
 charity, should be intituled in the matter of the 52 Geo. 3, 
 c. 101, as well as in the matter of the Trustee Act, 1850, 
 and the Attorney- General's fiat should be obtained before 
 the petition is disposed of.* 
 
 56. An appointment of new trustees under the provisions 
 of the Municipal Corporation Act, may be made by the 
 Vice-Chancellors ; the costs of parties appearing on such 
 applications, for the purpose of aiding the Attorney- General 
 in pursuance of pubhc notice for securing fit appointments, 
 will not be allowed out of the charity estate.^ 
 
 67. New trustees of a charity having been appointed 
 under the Charitable Trusts Act, by one of the Vice- 
 Chancellors, and the surviving trustee being lunatic, it is 
 
 1 Ibid. G. 153 ; s. c. 22 L. J. (Ch.) 760 ; Re 
 
 2 ifePHUipott's Ciarity, 8 Sim. 381 ; Bierton Charity Land, 10 Hare, App. 
 see pp. 391, 392. 38. 
 
 3 Re the Stafford Charities, 26 Beav. ' Re the Gloucester Charities, 1 
 567. Hare, App. 3. 
 
 * Re RoUe's Charity, 3 De G. M. & 
 
 B 2 
 
5,2 OF JURISDICTION OF COURT OVER CHARITIES. 
 
 competent for the Vice-Chancellor in chambers to make 
 the/vesting order under the Trustee Act.' 
 
 •^58. Where an order which is in effect a final order, has 
 been made upon information or petition, all subsequent 
 applications to the Court, involving any question not in- 
 cluded in such order, require the certificate of the Charity 
 Commissioners.'^ 
 
 59. When the class from which new trustees of a charity 
 were to be elected, was prescribed by the old deed, but 
 not the persons who were to elect, or the manner of election, 
 the Court, on an application for the appointment of new 
 trustees, made a vesting order, and inserted in it a direction 
 that thereafter, whenever the number of trustees was 
 reduced to a given limit, application should be made by 
 the remaining trustees at chambers for the appointment of 
 new trustees, and that the Attorney-General should have 
 notice of the application.^ 
 
 60. The provisions of Sir Samuel Morton Peto's Act,* 
 are not applicable to the" appointment of new trustees by 
 the congregation of a Wesleyan chapel ; in such case the 
 commissioners under the Charitable Trusts Act having 
 issued their certificate, new trustees were appointed, and a 
 vesting order granted in chambers.^ 
 
 • Re Davenport's Charity, 4 De G. ' 13 & 14 Vict. c. 28. 
 
 M. & G. 839. 4 Re Hoghton Chapel, 2 W. R., 631, 
 
 ^ Ibid. V. C. W. 
 ' Be East Bergholt, 2 Eq. Kep. 90. 
 
CHAPTER V. 
 
 PROPERTY BELONGING BENEFICIALLY TO INFANTS AND 
 FEMES COVERT (1 WM. i, a. 65). 
 
 1. Statement of Act. 
 
 2. Inlerpretatwn clwuse. 
 
 3. Powers of Court extended to Domi- 
 nions and Colonies except Scotlamd. 
 
 i. Powers extended to Irish Court of 
 
 5. Application may be made to the Cowrt 
 on hehalf of infcmt, or feme covert, 
 for power to renew lease. 
 
 6. -Applicatiens to Chamibers when to be 
 
 modi. 
 
 7. Eow fines a/nd charges are to be 
 paid. 
 
 8. Lease to enure to old uses, t&c. 
 
 9. Where infant or feme covert compel- 
 lable to renew, application may also 
 be made to the Court. 
 
 10. Where infant absolutely entitled to 
 land, Cowrt may, on application, 
 
 authorise leases for building and 
 
 H. When application wider two last 
 provisions to be made at Chambers. 
 
 12. Fine (if amy) must be paid before 
 renewed lease executed. 
 
 13. In what munner fines a/re to be ap- 
 
 14. Order vmder Act will be made in 
 first instance. 
 
 15. Quwrdiam, of infant rrvay, with ap- 
 probation of Court, enter into Agree- 
 ments. 
 
 16. Dividends of stock belonging to in- 
 fant may be applied for his mai/n- 
 tenance. 
 
 17. Doubtful whether guardian may be 
 
 18. Hovj costs to be raised. 
 
 1. Under the provisions of the statute of 1 Will. 4, c. 65, 
 the Court exercises a jurisdiction in certain cases over 
 property belonging beneficially to infants and femes 
 covert.^ 
 
 ' So much of the Act as related to 
 idiots, lunatics, and persons of unsound 
 mind, was repealed by the Lunacy Re- 
 gulation Act, 1853, 16 &17 Vict. c. 70, 
 except as to Ireland. The last-men- 
 tioned Act contains provisions as to 
 property belonging beneficially to idiots, 
 lunatics, and persons of unsound mind, 
 
 of similar import to those of the statute 
 1 Wm. 4, u. 65, but these enactments 
 are not inserted here as they form part 
 of the general jurisdiction in lunacy 
 exercised by the Lord Chancellor and 
 Lords Justices, with which this treatise 
 has no concern. 
 
54 PROPERTY BELONGING BENEFICIALLY 
 
 2. The provisions of the Act relating to land, extend to 
 any manor, messuage, tenement, hereditament, or real 
 property of whatever tenure, and to property of every 
 description transferable otherwise than in books kept by 
 any company or society, or any share thereof, or charge 
 thereon or estate or interest therein ; those relating to 
 stock, to any fund, annuity, or security transferable in books 
 kept by any company or society, or to any money payable 
 for the discharge or redemption thereof, or any share or 
 interest therein ; those relating to dividends, to interest, or 
 other annual produce; those relating' to the Bank of 
 England, to the East India Company, South Sea Company, 
 or any other company or society established, or to be 
 established ; those relating to a conveyance, to any release, 
 surrender, assignment, or other assurance, including all 
 acts, deeds, and other things necessary for making and 
 perfecting the same; and those relating to a transfer, to 
 any assignment, payment, or other disposition.' 
 
 3. The powers and authorities given by the Act to the 
 Court of Chancery in England extend to all land and stock 
 within any of the dominions, plantations, and colonies 
 belonging to Her Majesty except Scotland.^ 
 
 4. The Court of Chancery in Ireland has, under the Act, 
 with respect to land and stock in Ireland, similar powers 
 and authorities to those given to the Court of Chancery in 
 England. It would appear, however, that with respect to 
 land and stock in Ireland, the Court of Chancery in 
 England has a co-ordinate jurisdiction, but it is probable 
 that the latter Court would decline to interfere in the case 
 of an infant or feme covert domiciled in Ireland. 
 
 5. In any case where a person, being under the age of 
 twenty-one years, or a feme covert, is entitled to any lease 
 
 ' Sect. 2. 2 Sect. 36. 
 
TO INFANTS AND FEMES COVERT. 55 
 
 for lives, or for any term of years absolute or determinable, 
 it is competent for such infant or his or her guardian or 
 other person on his behalf, and for such feme covert or 
 any person on her behalf to apply to the Court by petition 
 or motion in a summary way ; and by the order of the 
 Court such infant or feme covert is enabled by deed to 
 surrender any such lease and accept a new lease of the 
 premises comprised in the lease surrendered, either subject 
 to the same terms as the original lease or otherwise as the 
 Court may direct.' The surrender and lease of a freehold 
 by a feme covert do not require acknowledgment.'* 
 
 6. In all cases where the infant is a ward of the Court, 
 or the administration of the estate of the infant, or the 
 maintenance of the infant is under the direction of the 
 Court, applications under the foregoing provision should 
 be made at chambers.* 
 
 7. Any sum of money paid by way of fine or premium 
 for the renewal of such lease, and all charges incident 
 thereto, may be either paid out of the estate or effects of 
 the infant, or shaJl be a charge upon the leasehold premises, 
 together with interest thereon as the Court may direct; 
 and in the case of femes covert, unless the fine and charges be 
 otherwise paid or secured, the same with interest shall be 
 a charge upon the leasehold premises for the benefit of the 
 person advancing the same.* 
 
 8. Every lease to be so renewed is to operate and be to 
 the same uses, and be liable to the same trusts, charges, 
 incumbrances, dispositions, devices, and conditions, as the 
 lease to be from time to time surrendered was or would 
 have been subject to in case such surrender had not been 
 made.® 
 
 9. Where any infant or feme covert would in pursuance 
 
 1 Sect. 12. ^ Sect. 31. ' 35tli Cons. Ord. r. 1, art. 5. 
 
 * Sect. 14. ' Sect. 15. 
 
56 PROPERTY BELONGING BENEFICIALLY 
 
 of any covenant or agreement, if not under disability, be 
 compellable to renew any lease for lives or for years, it is 
 competent for such infant, or his guardian in the name of 
 such infant, or such feme covert, by the direction of the 
 Court, to be signified by an order to be made in a summary 
 way upon the petition of such infant or his guardian, or of 
 such feme covert, or of any person entitled to such renewal, 
 from time to time to accept of a surrender of any such 
 lease and to execute a new lease of the premises comprised 
 in the same lease, subject to the same terms as the original 
 lease, or otherwise as the Court may direct.' 
 
 10. Where any infant is seised or possessed of any land 
 in fee or in tail for an indefeasible estate in possession,'^ or 
 to any leasehold land for an absolute interest, and it 
 appears to the Court to be for the benefit of such person 
 that a lease should be made of such estate for terms of 
 years for building, mining, farming, or other purposes, it is 
 competent for such infant or his guardian by the direction 
 of the Court, to be signified by an order to be made in a 
 summary way upon petition, to make any such lease for 
 such term of years and subject to such rents and covenants 
 as the Court shall direct, biit without any fine being 
 taken, and so that the best rent be reserved. Such leases 
 must be settled and approved of by the Judge at chambers, 
 and a counterpart of every such lease must be executed by 
 the lessee, and such counterparts are to be deposited for 
 safe custody with the Clerk of Records and Writs ^ until 
 the infant attain twenty-one, but with liberty to proper 
 parties to have the use thereof, if required, in the mean- 
 time for the purpose of enforcing any of the covenants 
 therein contained. No lease, however, is to be made of the 
 capital mansion house and the park and grounds re- 
 
 1 Sect. 16. 2 He Evans, 2 M. & K. 318 ; Expa/rie Legt, 15 Sim. 445. 
 
 3 Seton, 343. 
 
TO INFANTS AND FEMES COVERT. 57 
 
 spectively held therewith for any period exceeding the 
 minority of any infant.' 
 
 11. Where the infant is a ward of the Court, or the 
 administration of his estate or his maintenance is under 
 the direction of the Court, apphcations under the two fore- 
 going provisions should be made at chambers.'* 
 
 12. No renewed lease is to be executed by virtue of the 
 Act in pursuance of any covenant or agreement, unless the 
 fine (if any), or such other sum or sums of money (if any), 
 as ought to be paid on such renewal, and such things (if 
 any), as ought to be performed in pursuance of such 
 covenant or agreement by the lessee or tenant, be first 
 paid and performed ; and counterparts of every renewed 
 lease to be executed by virtue of the Act must be duly 
 executed by the lessee.^ 
 
 13. All fines and sums of money received on account of 
 the renewal of any lease after a deduction of all necessary 
 expenses must be paid as follows (that is to say), if such 
 renewal shall be made in the name of an infant, to his 
 guardian, and be apphed for the benefit of such infant, in 
 such manner as the Court shall direct ; or if such renewal 
 be made by a feme covert, to such person or in such 
 manner as the Court shall direct for her benefit.* 
 
 14. An order under the provisions of this Act will now 
 usually be made in the first instance, without any inquiry 
 before the chief clerk, on sufficient evidence being produced 
 to the Court.® 
 
 15. The guardian of any infant, with the approbation of 
 the Court, to be signified by an order to be made on the 
 petition of such guardian in a summary way, may enter 
 into any agreement for or on behalf of such infant.^ 
 
 > Sect. 17. ■* Sect. 21. 
 
 » 35th Cons. Ord. r. 1, art. 5. ° Seton, 343. 
 
 3 Sect. 20. "^ Sect. 26. 
 
58 PKOPERTY OF INFANTS AND FEMES COVERT. 
 
 16. The Court of Chancery is empowered, by an order 
 to be made on the petition of the guardian of any infant 
 to direct the dividends receivable in respect of any stock 
 belonging to the infant to be paid to any guardian of such 
 infant, or to any other person according' to the discretion 
 of the Court for the maintenance and otherwise for the 
 benefit of- such infant, such guardian or other person to 
 whom. such payment shall be directed to be made being 
 named in the order directing such payment ; and the 
 receipt of such guardian or other person shall be an 
 effectual discharge for the same.' 
 
 17. It is doubtful whether the Court has power by an 
 order made on one petition to appoint a guardian of an 
 infant, and at the same time to direct payment of the 
 dividends of stock belonging to the infant to such guardian 
 for the maintenance of the infant, although the guardian 
 may be a petitioner with the infant.^ 
 
 18. The Court may order the costs and expenses of and 
 relating to the petitions, orders, directions, conveyances, 
 and transfers to be made in pursuance of the Act, or any 
 of them to be paid and raised out of or from the lands or 
 stock, or the rents or dividends, in respect of which the 
 same respectively shall be made, in such manner as the 
 Court may think proper.^ 
 
 » Sect. 32. 2 Tjg Pongerard, 1 De G. & S. 426 ; s. c. 11 Jur. 7U. 
 
 3 Sect. 35. 
 
CHAPTER VI. 
 
 THE JURISDICTION OF THE COURT UNDER THE INFANT 
 CUSTODY ACT (2 & 3 VICT. c. 54). 
 
 1. Jurisdiction exercised by Court over 
 infants. 
 
 2, 3. Provisions of statute 2 tfc 3 Viet, 
 c. 54. 
 
 4. Vice-Chancellors have jurisdiction 
 under this statute. 
 
 5. Olject of Act. 
 
 6. Custody may he given to mother, as 
 against testa/mentary guardian. 
 
 7. Next friend not necessary. 
 
 8. Order may sometimes 'be made ex 
 parte. 
 
 9. Court may exercise original jv/ris- 
 diction. 
 
 10. Jy/risdidion, though child in custody 
 ofr/uither. 
 
 11. Statute has introduced n£,w consider' 
 ationsfor interference. 
 
 12. Infant in custody of mother sepa- 
 rated from husband. 
 
 13. Circumstamces wilder which Court 
 will interfere. 
 
 14. No jwrisdictiom by way of appeal 
 from Ecclesiastical Court. 
 
 15. Where interest of children interfered 
 with. Court will not interfere. 
 
 16. Wife cannot resist husband's applic- 
 ation. 
 
 17. Court will not interfere unth right of 
 father, except v/nder serious ciraimi- 
 
 1 8. Statute does not interfere withfathexi's 
 right in absence of order. 
 
 19, 20. Nature of eircwmstances which 
 
 influence Court as to custody of 
 children. 
 21. As to powers of Cov/rt of Divorce 
 over custody of children. 
 
 1. The Court of Chancery has always exercised an 
 original jurisdiction as to the care and custody of infants. 
 Except, however, in cases of very gross misconduct, the 
 Court would never remove a child from the custody or 
 control of the father. Where, therefore, it might have 
 been very inexpedient that an infant child should remain 
 with its father, the Court had no power to interfere, unless 
 there existed some very extreme conduct on the part of the 
 parent. To provide a remedy for this defect in our juris- 
 
60 JURISDICTION OF THE COURT 
 
 prudence, the late Mr. Justice Talfourd procured the assent 
 of the Legislature to an Act which bears his name, intituled 
 " An Act to amend the Law relating to the Custody of 
 Infants." 
 
 2. This statute empowers the Lord Chancellor or Master 
 of the Rolls, upon hearing the petition of the mother of 
 any infant or infants, being in the sole custody or control 
 of the father thereof, or of any person by his authority, or 
 of any guardian after the death of the father, if he shall see 
 fit, to make such order for the access of the petitioner to 
 such infant or infants at such times, and subject to such 
 regulations, as shall be deemed convenient and just, and if 
 such infant or infants shall be within the age of seven years, 
 to make order that such infant or infants shall be delivered 
 to and remain in the custody of the petitioner until attain- 
 ing such age, subject to such regulations as shall be 
 considered convenient and just.' 
 
 3. No order, however, is to be made by virtue of the 
 Act, whereby any mother, against whom adultery shall be 
 established by the sentence of an Ecclesiastical Court, is to 
 have the custody of any infant,«or access to any infant.* 
 
 4. The Vice-Chancellors have jurisdiction under this 
 Act, though only the Lord Chancellor and Master of the 
 Rolls are mentioned therein.^ 
 
 5. The object of the Act, and of the promoters of it, and 
 that which appears on the face of the Act itself, was to 
 protect mothers from the tyranny of those husbands who 
 ill-used them. Unfortunately, as the law stood before, 
 however much a woman might have been injured, she was 
 precluded from seeking justice from the husband, by the 
 terror of that power which the law gave to him of taking 
 her children from her. That was felt to be so great a, 
 
 1 2 & 3 Vict. c. 54, sect. 1. « Sect. 4. 3 Re Taylor, 10 Sim. 291. 
 
UNDER INFANT CUSTODY ACT. 61 
 
 hardship and injustice, that Parliament thought the mother 
 ought to have the protection of the law with respect to her 
 children up to a certain age, and that she should be at 
 liberty to assert her rights as a wife without the risk of 
 any injury being done to her feelings as a mother. That 
 was the object with which the Act was introduced, and 
 such is the construction to be put upon it. It gives the 
 Court the power of interfering ; and when the Court sees 
 that the maternal feelings are tortured for the purpose of 
 obtaining anything like an unjust advantage over the 
 mother, that is precisely the case in which it would be 
 called upon, and ought, to interfere. The Court has now, 
 under this Act, an absolute authority over the children 
 under seven years of age, and a larger power than the 
 Court formerly had with regard to children above that 
 age.^ 
 
 6. Under this statute the Court has the discretion, 
 either as against the father or the testamentary guardian, 
 where any of the children are under the age of seven years, 
 if it see fit, to direct that the custody shall be given to the 
 mother, although she be not appointed guardian. With 
 respect to the age of the children, the Legislature con- 
 sidered that, as between the guardian and the mother, very 
 yoimg children required a mother s nurture, and that, not- 
 withstanding the legal rights of the father, they should be 
 entrusted to her, but still enabled the Court to do that 
 which it thought best for the interests of the children. It 
 did not consider that, as between the father and mother, 
 the father had an equal interest with her, but that, in the 
 majority of cases, the custody should be given to the 
 mother; still, under ordinary circumstances, it is most 
 desirable that it should be made entirely discretionary in 
 
 ' Pir Cottenham, C, in Warde v. Warde ; 2 Ph. 786 ; see pp. 787, 788. 
 
63 JURISDICTION OF THE COTJET 
 
 the Court. In the exercise of that discretion, the Court 
 must look at the interests of the children, which might be 
 just as well preserved by giving the custody either to the 
 father or mother, the tendency being to lean towards the 
 mother, where the children are of very tender age, but still 
 the only material question is, what is for the children's 
 benefit ? ^ 
 
 7. It is not necessary to name a next friend of the 
 petitioner.*^ In one case, a mother of an infant under 
 seven years of age, not living apart from the father, but 
 prevented by him from having access to the infant, was 
 permitted, on application being made by motion ex parte 
 for that purpose, to present a petition under this Act, in 
 
 forma pauperis, without a next friend, and without 
 payment of the stamp of \l. required by the orders of the 
 Court, and upon such an application it was held to be no 
 improper suppression to forbear stating that the intended 
 petitioner had relatives in good circumstances, it not being 
 shown that any of them would have been willing to act as 
 her next friend.^ 
 
 8. It would appear that the order may be made ex 
 parte, if the necessity of the case shoul'd so require.* 
 
 9. If, independently of the Act, the Court could exercise 
 jurisdiction in the matter of an infant, it may do so, not- 
 withstanding that the petition is intituled in the matter of 
 the Act as well as in the matter of the infant.® 
 
 10. Although an infant be, at the time of the presenta- 
 tion of the petition and of the hearing, in the custody of 
 its mother, the Court has, within the equity of the Act, 
 jurisdiction to interfere.® 
 
 ' Pe.r Kindersley, V. C, in ShiUito « iJe Taylor, 11 Sim. 178. 
 
 ■u. CoUett ; 8 W. R. 683. s jjg Tojnlinson, 3 De G. & S. 371. 
 
 " -R« Groom, 7 Hare, 38. « Ibid. ; Sj^ Fynn_ 2 De G. & S. 
 
 3 Bx parte HakewiU, 3 De G. M. & 457. 
 6. 116. 
 
UNDEE INFANT CUSTODY ACT. 63 
 
 11. It is probably true that the statute has enabled or 
 rendered justifiable the interposition of the Court in some 
 circumstances in which it could not, or would not, have 
 acted independently of the statute ; and with reference to 
 some considerations, to which, but for the statute, the 
 Court could not, or would not, have looked.' 
 
 12. An infant under the age of seven years was in the 
 custody of its mother, who was living separate from her 
 husband, the father of the infant. The husband applied to 
 a Judge at chambers for a habeas corpus to have the infant 
 delivered up, and he had also instituted a suit in the 
 Ecclesiastical Court for restitution of conjugal rights. The 
 mother presented a petition by her next friend, and prayed 
 that she might be at liberty to retain custody of the infant. 
 The Court said that the child, being not a fortnight more 
 than two years old, the mother at the time of his birth 
 having been living in a state of separation from his father, 
 that separation having ever since continued and stiU con- 
 tinuing, the child being clearly proved to be a weakly 
 chUd, requiring particular care, the mother's kindness and 
 attention to him, and his present state of comfort and 
 security, being unquestioned, as was her chastity, the pro- 
 ceedings also in the Ecclesiastical Court, and those before 
 the Judge at chambers having begun before the petition 
 was presented, and being in the state in which at present 
 they were, the Court should have thought it right then to 
 make an order relating to the custody of the infant, with- 
 out directing the petition to stand over, had there appeared to 
 be a probability of the mother's success in the Ecclesiastical 
 Court, that is to say, in establishing that she was justified 
 in living apart from her husband. But, judging as well as 
 the Court could upon such a matter, it was of opinion that 
 
 ' Ibid. 
 
64 JUEISDICTION or THE COURT 
 
 it did not appear to be reasonably probable that she would 
 so succeed. The petition was, therefore, ordered to stand 
 over for further evidence to be adduced on behalf of the 
 petitioner, but a reconciliation subsequently took place, 
 and an arrangement was thereupon made between the 
 parties.' 
 
 13. In the case cited below'*, a petition was presented 
 by Louisa Bartlett, wife of the Rev. Josiah Bartlett, a 
 beneficed clergyman, by Thomas Boult, her brother and 
 next friend ; and it prayed that Josiah Bartlett might be 
 ordered to deliver to the petitioner two of her children, a 
 boy and a girl, who were under the age of seven yeajs, and 
 that she might have access to the others, four in number, 
 at such times, and under such regulations as the Lord 
 Chancellor might think fit. The Vice-Chancellor (Knight- 
 Bruce) said, " This is a case in which the husband and 
 wife are living apart from each other, the husband appear- 
 ing to wish, and the wife objecting to, a reunion. No 
 imputation (nothing which the Court can call an imputa- 
 tion) is made upon her beyond this, that she has, — without 
 sufficient cause, as her husband says ; with sufficient cause, as 
 she says, — separated herself from him. That she clearly is 
 legally justified in living apart from him, it would be impru- 
 dent for me at present to say; but if she is not so, that she 
 is not without excuse, not without apology, may, I think, 
 safely be stated. ~ The statute in question does not, as a 
 condition of the interference of the Court, require that the 
 wife should have obtained, or should be entitled to obtain, 
 a divorce a mensd et thoro ; and the existence of cases in 
 which it may be right for the Court to interfere without a 
 divorce, must, I apprehend, be considered possible. I am 
 of opinion that, in the present case, the wife ought to have 
 
 • JRe Fynn, ubi supra. = Ex parte Bartlett, 2 Coll. 661. 
 
UNDER INFANT CUSTODY ACT. 65 
 
 the present custody of the youngest child, a daughter, under 
 the age of two years, but not later, of course, than the age 
 of seven years, and she should have access, under proper 
 regulations, to the other children. I understand that Mrs. 
 Bartlett has tvro brothers who, with herself, are willing to 
 undertake for the proper care, maintenance, and education 
 of the child still in her custody. The child must not be 
 removed from their house without the leave of the Court. 
 The husband must be allowed access to the child at 
 convenient seasons, iif a manner to be arranged. I think 
 it right to add, that to whatever observations Mr. Bartlett's 
 conduct may be open, in case he shall refuse to deliver the 
 youngest boy into Mrs. Bartlett's custody, the Court 
 having the power of removing the youngest boy into her 
 custody, does not think fit to exercise that power." On a 
 subsequent day, an order was pronounced which embodied 
 the several directions contained in the judgment. Mr. 
 Bartlett declined to give up the youngest boy. 
 
 14. In the case cited below,' a wife separated from her 
 husband without just cause ; but afterwards, on failing to 
 obtain a reconciliation, instituted a suit in the Consistory 
 Court of London, for the restitution of conjugal rights. 
 The suit being decided in the wife's favour, thq husband 
 (Mr. Taylor) appealed to the Arches Court, but having 
 failed there, he appealed to the Judicial Committee of the 
 Privy Council. While this appeal was pending, the wife 
 (Mrs. Taylor) applied to the Court of Chancery by petition 
 under this statute for the custody of or access to her 
 children under the age of seven years. Mr. Taylor had 
 bond fide left the country with his children to reside in 
 France, before the suit for the restitution of conjugal rights 
 had been instituted by the wife, but he had filed affidavits 
 
 > Be. Taylor, 11 Sim. 178. 
 
66 JURISDICTION OF THE COURT 
 
 on the petition, and appeared by counsel. Under these 
 eircumstances, partly because the wife had left her husband 
 without sufficient cause, and partly because a suit for 
 restitution of conjugal rights instituted by her was still 
 pending, and also because the order if made could not be 
 enforced, the Vice-Chancellor of England (Shadwell) 
 declined to make any order on the petition, but directed the 
 petition to stand over, with liberty to apply. His Honor, 
 in the course of the judgment, said that the jurisdiction 
 given to the Lord Chancellor by this Act had nothing in 
 the nature of an appellate jurisdiction over the proceedings 
 of the Ecclesiastical Court. 
 
 15. Where the interests of the children would be 
 interfered with, the Court will not grant relief to the 
 mother under this Act. Therefore, where it appeared that 
 the grandmother by whom the children were supported 
 would have ceased to maintain them if the mother had 
 been allowed access, the Court refused to interfere.* 
 
 16. It would appear that the statute does not enable the 
 wife to resist the husband's application to the Court of 
 Chancery for the custody of their children.^ 
 
 17. The Court cannot decide upon the custody of infants 
 simply with reference to what is most for their benefit, and 
 cannot interfere with the rights of a father, unless he so 
 conducts himself as to render it essential to the safety and 
 welfare of the children in some serious and important 
 respect, either physically, intellectually, or morally, that 
 they should be removed from his custody.* 
 
 18. This statute of course does not in any way interfere 
 with the right of the father to the custody of his infant 
 
 » Se Shaw, cited 11 Sim. 182 ; s He Curtis, 28 Law J. (Ch.) 458 ; 
 
 Maoph. 165. s. o. 5 Jur. (S. S.) 1147 ; 34 L. T. 10 ; 
 
 2 CorseUis v. CorseUis, 1 Dr. & W. 7 W. E. 474, V C. K 
 236. 
 
UNDER INFANT CUSTODY ACT. 67 
 
 children under the age of seven years, in the absence of 
 any order of the Court of Chancery depriving him of such 
 custody.' 
 
 19. With reference to the circumstances under which 
 the Court will interfere on behalf of the mother, it would be 
 difficult to state them, so much depending on the discre- 
 tion of the Court, guided by all the facts under considera- 
 tion. In a recent case, Mr. Cole, a medical officer in the 
 Indian service, died on board the ship in which he and his 
 wife, and seven children, were coming to this country, on 
 the 15th of June, 1858, having by his will appointed the 
 plaintiff, Mr. ShiUito (who had instituted a suit for the 
 administration of Mr. Cole's estate). Major Onslow, and his 
 brother Augustus Noel Cole, guardians of his children, the 
 two former being in England, and the latter in India. The 
 children were all young, three being under seven years of 
 age, and residing with their mother for some time. Mr. 
 ShilMto then took the four eldest to a house next to his 
 own at Putney, where they were under the care of nurses. 
 In October, 1859, Mrs. Cole married Mr. CoUett, who was 
 a clerk in the London and Westminster Bank, but this 
 marriage was not made known to the guardians, although 
 they were in constant communication with Mi^. Cole, who 
 had in fact proposed returning to India. When however it 
 was discovered, Mr. ShUlito proceeded to Bayswater, where 
 Mrs. Cole (then Mrs. CoUett) resided, and took the other 
 three children with him to Putney. A petition was now 
 presented by Mrs. CoUett under this statute, praying that 
 she might have the custody of the three youngest chUdren. 
 The Vice-ChanceUor Kindersley in delivering judgment 
 said, " In this case Mrs. CoUett had acquired Indian habits, 
 and it was well known that in India ladies knew nothing 
 
 ' Ex parte Young, 4 W. R. 127 ; s. c, 26 L. T. 92. 
 
 p2 
 
68 JURISDICTION OF THE COURT 
 
 of housekeeping, but left everything to a domestic; and 
 even the gentlemen had little to do with it ; and from year's 
 end to year's end the lady probably had not a rupee in her 
 pocket. She was therefore incompetent to judge of the 
 value of money, how far an income would go, or what was 
 the requisite amount of means to carry on a particular 
 estabhshment. It was no fault of Mrs. CoUett, it was her 
 misfortune, to be in such a condition, — a defect, but no moral 
 fault. The fact that in two months a milliner's bill 
 amounted to 100/. was a proof of this, although it was not 
 only for herself but the children, and she expressed her 
 regret at the circumstance, and promised to be more 
 careful. She had not the habit or capacity of management, 
 and indeed admitted as much. Not the least moral 
 impropriety could be attributed to her, but the evidence 
 only showed that her habits were Indian, and that she left 
 her children much more to the care of servants than an 
 English mother would have done, and her conduct was not 
 so steady or domestic as was desirable. Mr. Shillito, up to 
 the presentation of the petition, had behaved with the 
 greatest kindness and consideration, and evidently had no 
 object in view but the benefit of the widow and her 
 children, as Mrs. Collett admitted, and that when she 
 required it he gave her advice ; and it appeared that when 
 he removed the three children on the occasion of discovering 
 the said marriage, Mrs. Collett did not so strongly object as 
 to invest the proceeding with any degree of harshness. He 
 thought it right, and was perfectly justified in so doing. A 
 peculiar state of things was then existing. Here was a young 
 woman in constant communication with Mr. Shillito and 
 Major Onslow ; a discussion took place relative to her pro- 
 posed return to India, which Major Onslow did not object 
 to, and yet she never mentioned her intended marriage, 
 except in a letter stating that she had no such intention, 
 
UNDER INFANT CUSTODY ACT. 69 
 
 and in a letter written the very day before never mentioned 
 the circumstance. Mr. Shillito was at length told that she 
 was married, and went to the house and found Mr. CoUett, 
 a perfect stranger to him, but a very respectable man. No 
 doubt she had a right to marry if she pleased, but it was 
 not discreet. Mr. Collett, so far as respectability went, 
 appeared to be perfectly fit to have the charge of the 
 children ; but Mrs. Collett's pension having ceased on her 
 second marriage, and the 50/. a year being mortgaged for 
 200/. and thus yielding no income, she could not be said 
 to contribute anything, and had moreover brought con- 
 siderable debts, for which Mr. CoUett was responsible ; and 
 although that did not lessen their respectability, as it did 
 not appear what his income was, and they were living in 
 lodgings, it was clear that if the three children were not 
 removed it must be detrimental to them. A better position 
 than they were now in could scarcely be imagined, under Mrs. 
 Shillito's own eye, with a nurse who had brought them up. 
 Although, therefore, if their removal from where they now 
 were was for their advantage, there was no sufficient ground 
 to refuse this application, yet, having regard to all the cir- 
 cumstances, his Honor had come to the conclusion that it 
 was most for the benefit of the children to remain where 
 they were." The petition therefore was simply dismissed, 
 though the Court intimated it would gladly sanction any 
 scheme founded on it for the care and custody of the 
 children.' 
 
 20. The decision in the above case was affirmed by the 
 Lords Justices.^ The Appeal Court, however, did not think it 
 necessary to dismiss the petition, but made an order to the 
 effect that Mr. Shillito, the testamentary guardian, under- 
 taking properly to furnish the proposed residence for the 
 
 1 Shaiito V. Collett, 8 W. R. 683, V. C. K. » 8 W. E. 696. 
 
70 JURISDICTION UNDER INFANT CUSTODY ACT. 
 
 children, they should continue to reside in the house under 
 his care and custody, and that the whole of their income 
 should be allowed for their maintenance and education, 
 with the usual provision for access by their mother at 
 aU reasonable times. The learned reader will discover 
 from the above case the nature of the circumstances which 
 influence the Court, in withholding from a mother the 
 custody of her children. 
 
 21. It may be desirable to remark, that the Court for 
 Divorce and Matrimonial Causes now possesses a very large 
 jurisdiction over the custody of children, in those cases 
 which bring the parents within its cognizance, so that 
 under such circumstances resort to Talfourd's Act will no 
 longer be necessary. 
 
CHAPTER VII. 
 
 THE JURISDICTION OF THE COURT UNDER THE SOLICITOES' ACT 
 (6 & 7 VICT. u. 73). 
 
 1. Statement of Act. 
 
 2. Parts of Act relodmg to jurisdiction 
 of Comrt. 
 
 8. As to delivery and taxation of hUls 
 
 of costs. 
 4. As to applicaiion for taxation at the 
 
 expiration of one month. 
 6. As to taxation imder special drowmr 
 
 6. As to (he payment of the costs of the 
 
 reference. 
 1. Tanning officer may certify special 
 
 ei/rewmslcmces. 
 
 8. As to order for delivery of bill and 
 delivering up of docwments. 
 
 9. Mode of enforcing the delivery of a 
 solicitor's bill. 
 
 10. Actzoal delivery of bill sufficient 
 wUhout proof of contents. 
 
 11. Action vmder wgent circmnsta/nces 
 may with lea/ve be commenced wUhin 
 the month. 
 
 12. Application by third party for taxa- 
 tion, 
 
 13. Where trustee, executor, or adminis- 
 trator chargeable, application by 
 party interested. 
 
 14. Bill of costs may be ordered to be 
 delivered to pa/rty interested. 
 
 15. Payment not to preclude location, 
 under special circumstances, within 
 twelve months. 
 
 16. Assistance of officer of any other 
 Court may be called in. 
 
 17. Sow applications to be made. 
 
 18. References may be made by the Vice- 
 Chancellors, 
 
 19. "Month" in Act means "Calendar 
 Month." 
 
 20. Bill of costs of mortgagees solicitor 
 taxable by mortgagor. 
 
 21. ToAcation ordered having rega/rd to 
 
 22. Taxing-Masters vrill give effect to 
 agreements as to costs out of pocket. 
 
 23. Bill incurred in respect of election 
 costs tcLcable. 
 
 24. Taxing-Masters will allow parlia- 
 menta/ry charges. 
 
 25. Jurisdiction to tax parliam^nta/ry 
 costs not taken away by W & U 
 Vict. c. 69. 
 
 26. Charges of solicitor acting as elec- 
 
 27. Fees of solicitor acting as steward of 
 manor not taxable, 
 
 28. Statute does not authorise taaiation 
 of every kind of bill of solicitor. 
 
 29. Business miLst be connected with pro- 
 fession of solicitor. 
 
 30. Where soliciior retains bill, same 
 pregmned to be taxable. 
 
 31. Order inade for taxation of bill 
 where taken away and refused to 
 
 32. Not necessa/ry to specify items of 
 overcharge where solicitor refused to 
 prodMce bill, 
 
 33. Where pouymemt obtained by undue 
 pressure, bill taacable, if over- 
 charges. 
 
 34. " Special cvrcu/mstance'' where pay- 
 ment before completion of a matter 
 insisted on. 
 
72 
 
 JURISDICTION UNDER SOLICITORS ACT. 
 
 85. Solicitor will not be permitted to 
 add to undercharges. 
 
 36. But leame given on special applica- 
 tion to courry in an additional hill. 
 
 37. Delivery of bill to agent suffieienl, 
 
 38. Delivery of unsigned bill accom- 
 panied by letter sufficient. 
 
 39. Bill addressed, to the promoters of a 
 company. 
 
 40. Taxing of costs on footi/ng of agree- 
 ment, not permitted under the cir- 
 cv/mstances. 
 
 il. An account of dealings not connected 
 with bills cannot be obtained. 
 
 42. As to tascation of agents costs. 
 
 43. Order obtained by insolvent debtor 
 
 44. Orde/r should be obtained by pa/rty 
 by whom costs incurred. 
 
 45. .4s to bill of costs incurred by two 
 persons. 
 
 46. Omission of statement that receipt 
 had been given held to in/validate 
 order. 
 
 47. Where client delajys for two mMiths, 
 too late to obtain order. 
 
 48. As to taamtion obtained by railway 
 committee. 
 
 49. A compromise does not oust the 
 Cowt of jurisdiction. 
 
 60. Where client resident abroad, he 
 
 61. Agreement for interest and charge 
 
 on estate held not taxable. 
 52. Court cammot determine whether 
 
 special agreement exists, as to m/>de 
 
 of taxation. 
 
 63. An umdertaldng will be enforced. 
 
 64. A mere volwnteer acquires no right 
 to tax a bill. 
 
 66. Order of cowrse cevrmot be supported 
 
 on merits, as a special order. 
 66. Form of common order. 
 
 57. Material ciraimstances should not 
 be suppressed. 
 
 58. Court no jurisdiction to determine 
 construction of special ctgreement. 
 
 69. Business done in, Revising Bar- 
 rister's Cou/rt may be taxed. 
 
 60. All the bills, and not some only, 
 should be taxed. 
 
 61. As to case when fv/rOier investiga- 
 tion is necessary. 
 
 62. Setainer may be questioned. 
 
 63. As to applying for special order 
 where common order sufficient. 
 
 64. Payment into Court not required 
 at the Rolls, 
 
 65. In what ease client has to pay costs 
 of action. 
 
 66. Assignees in bamhruptcy or insol- 
 vency ordered to pa/y the eoste where 
 more than 07ie-sixth taxed off. 
 
 67. There must be both pressure and 
 overchtt/rge. 
 
 68. Doctrine of presswre not to be 
 extended. 
 
 69. Where business ou,ght not to have 
 been transacted, taxation vnll be 
 ordered. 
 
 70. As to principle of taxation on 
 application of third party. 
 
 71. Objection in such case of payment, 
 of no force. 
 
 72. A cestui que trust has no right to 
 question his trustees' retainer. 
 
 73. After twelve months, taxation as 
 between trustee and cestui que 
 trust may be directed. 
 
 74. Mere probaMlity of disallowamce 
 or red%iction not sufficient to entitle 
 party to taxation. 
 
 75. Bill held not subject to taxaiion 
 under the circwmstances. 
 
 76. Payment of mxirtgage, under pro- 
 test merely, held not sufficient to 
 authorise a taxation. 
 
 77. Bill delivered on day of complet/um 
 ordered to be taxed. 
 
 78. As to taxation by cestui que trust. 
 
 79. The special circwmslances must 
 ' exist at time of payment. 
 
 80. Bill paid on delivery not alone a 
 sufficient drcumstcmee to justify 
 taxation. 
 
 81. Taxaiion after payment refused 
 under the circumstances. 
 
 82. Taxation ordered on ground of 
 pressure and probable reduction. 
 
 83. Where no case of pressure or im- 
 proper items, petition will be refused 
 with costs. 
 
JURISDICTION UNDER SOLICITORS ACT. 
 
 73 
 
 84. 
 85. 
 86. 
 87. 
 
 As to Mil paid vmdeir protest to 
 obtain some document. 
 As a general rule, specific items of 
 overcharge must ie proved. 
 Where pressure, general taacation 
 vnll he directed. 
 
 Sefusal to allow deeds to he executed 
 without payment, sufficient to au- 
 thorise taxation. 
 Security equivalent to payment. 
 If overcharges evidence fraud, 
 slight circmnstances sufficient to 
 aiUhorise taxation. 
 Notwithstanding settlemeitt, under 
 fecial drcumslamces bill may he 
 ttixed. 
 
 When application for taxation con- 
 sidered to he made. 
 Under the third party clause not 
 necessa/ry to prove pressure. 
 Contempt in solicitor to hring action 
 after order for taxation. 
 Where no special drcwnistances, 
 common order for taxation may he 
 ohtained. 
 
 On application for common order 
 every material circumstance should 
 he stated. 
 
 Court will discharge order where a/r^y 
 material circumstance suppressed. 
 But it seems that suppression must 
 hoAie been milful. 
 Where hill paid, special applica- 
 
 90. 
 
 91. 
 92. 
 93. 
 94. 
 
 95. 
 
 96. 
 97. 
 98. 
 99. 
 
 100. Where mistake made in particular 
 items of a bill, course pursued. 
 
 101. Costs follow result of taxation 
 where special application. 
 
 102. Order for taxation of two out of 
 four bills discharged under the 
 cirewmstances. 
 
 103. Substituted service will be allowed 
 under special circumstaiices. 
 
 104. Judgment does not ba/r taxation. 
 
 105. Solicitor ,cannot take advamtage of 
 an unsigned bill. 
 
 106. ClierU may treat unsigned bill as a 
 nullity or not, as he iMnks proper. 
 
 Where it appeared that there were 
 costs, common order dis- 
 
 107. 
 108. 
 109. 
 
 110. 
 111. 
 
 112. 
 113. 
 114. 
 
 115. 
 116. 
 
 117. 
 
 118. 
 119. 
 120. 
 121. 
 
 122. 
 123. 
 124. 
 125. 
 126. 
 
 127. 
 128. 
 
 Want of signature does not consii- 
 ttite a special circ/wmstarux. 
 Where joint employment, special 
 
 Where town and cotmtry solicitor 
 concerned, how petition should be 
 intituled. 
 
 Application by married woina/n 
 must be made by next friend. 
 Statute applies to married woman 
 where she has given undertaking to 
 pay out ofsepa/rate estate. 
 Pend/irw reference suit cannot be 
 instituted against sepa/rate estate. 
 Where no materials to make out 
 hill, no order made. 
 Where, on meeting to complete, 
 payment demanded, considered a 
 case of pressure. 
 
 As to ta/xation of costs in cause, 
 specially agreed to he paid. 
 Petition on ground of pressu/re 
 a/nd overcharge dismissed v/nder 
 the circumstaiices, with costs. 
 Where an agreed sum, paid, and 
 no regular bill made out, applica- 
 tion for taxation may he sustained. 
 Agreement for payment of bills 
 held not to preclude taaxttion. 
 Where a party has paid part of a 
 bill, he is entitled to have a copy. 
 Court declined to discharge order, 
 though irregular. 
 
 Where lady not acting under advice 
 of independent solicitor, C07isidered 
 a case for taxation. 
 Special petition held to he unne- 
 cessary under the circmnstances. 
 Special order by cestui que trust 
 allowed. 
 
 Not within power of Cowrt to take 
 account of profits made by solicitor. 
 Natv/re of pressure required to sup- 
 port application. 
 
 Where petition presented nine 
 months after poAjmjeni^ charge must 
 a/mount to evidence of frauds 
 Pressure proceeding from third 
 paHy, with notice of solicitor. 
 Bill referred, on account of pres- 
 sure v/ndsr the circwmstances. 
 
74 
 
 JURISDICTION UNDER SOLICITORS ACT. 
 
 129. Bills of costs pmd by mortgagor 
 ordered vnder the drawmstamcei to 
 be tamed. 
 
 130. Not sufficient to eaclude taaxUion, 
 that no objection made at time of ■ 
 
 131. Orders in same matter should be 
 made im, samie branoh of Cowrt. 
 
 132. Failure of solicitor to obey order 
 for delivery of his bill. 
 
 133. Possession of papers not a " special 
 drcKmstcmce." 
 
 134. Taxation after payment allowed 
 imder the drewmstamces, on appli- 
 cation of residv/wy legatee. 
 
 135. Where a solicitor cha/rges himself 
 vnth interest held bound by his 
 
 136. Cov/rse pursued where u, solicitor 
 offered to repay items of over- 
 charge. 
 
 137. Authorities will not he carried fwr- 
 ther &am, at present. 
 
 138. There must be both overchwrge amd 
 
 139. TaoMtum, ordered in a mixed case 
 of pressure and improper iteins. 
 
 140. After payment there nmst be some 
 stirang circmnstamces to allow taxa- 
 tion. 
 
 141. Where bill paid on eve of going 
 abroad, taxation allowed though 
 eighteen m/)nths after delivery. 
 
 142. Where gross overcharges, taxatum 
 allowed fifteen, inonths after deli- 
 very. 
 
 143. Overcharges need not amount to 
 fraud. 
 
 144. Retainer does not amwtmt to pay- 
 ment. 
 
 145. Order to fix da/yfor parymemi must 
 be made on notice. 
 
 146. Where one-sixth taxed off, motion 
 for order for payment. 
 
 147. Itemis struck ovi are to be computed 
 in ascertaining the reduction of the 
 bill. 
 
 148. In case of death reference will be 
 
 149. As to order for taaation -withowt 
 amfhority. 
 
 150. Sow to determine as to the costs of 
 taxation. 
 
 151. Cmi/rt refusing pra/yer of petitioa 
 does not alwa/ys gime the costs. 
 
 152. Further time given on payment of 
 costs. 
 
 153. Where breach of a/rra/ngemerd, 
 solicitor ordered to pa/y costs of 
 
 154. As to seawrity for costs. 
 
 155. Interest now allowed on amwwnt of 
 taxed costs. 
 
 156. Costs of Vwncuyy iriqwiries may be 
 taxed and recovered aft&r IvmaiUs 
 death. 
 
 1. The above Act, which is intituled "An Act for 
 consolidating and amending several of the laws relating to 
 attornies and solicitors practising in England and Wales" 
 after reciting that "the laws relating to attornies and 
 solicitors are numerous and complicated, and it is expedient 
 to consolidate and simplify, and to alter and amend the 
 same," repeals all existing statutes and parts of statutes 
 relating to attornies and solicitors, and re-enacts their 
 provisions with some variations. 
 
 2. It is, however, with those provisions only of the Act 
 
JURISDICTION UNDER SOLICITORS* ACT. 75 
 
 which have relation to the taxation and dehvery of bills, 
 and the deUvery up of documents, with which we are 
 concerned in the present treatise. 
 
 3. No attorney or solicitor, or his executor, administrator, 
 or assignee, may commence any action or suit for the 
 recovery of costs until the expiration of one month after 
 the delivery unto the party to be charged therewith of a 
 bill of such costs, and upon the application of the party 
 chargeable by such bill within such month the Lord Chan- 
 cellor or Master of the RoUs is empowered, in case the 
 business contained in such bill or any part thereof shall have 
 been transacted in the Court of Chancery, or in any other 
 court of equity, or in any matter of bankruptcy or lunacy, 
 or in case no part of such business shall have been trans- 
 acted in any court of law or equity, to refer such bill to 
 be taxed and settled by the proper officer of the court 
 without any money being brought into court; and pro- 
 ceedings to enforce payment may be restrained pending 
 such reference.* 
 
 4. In case no such application is made within the 
 month, then such reference may be made either upon the 
 application of the attorney or solicitor, or his executor, 
 administrator, or assignee, or upon the application of the 
 party chargeable by such bUl, subject to such conditions as 
 the Court shall think fit ; and proceedings may be restrained 
 pending such reference upon such terms as shall be thought 
 proper.** 
 
 5. No reference, however, may be directed after a verdict 
 obtained or a writ of inquiry executed in an action for 
 recovery of the amount of the bill, or after the expiration 
 of twelve months from the delivery of such bill, except 
 under special circumstances to be proved to the satisfaction 
 of the Court.^ 
 
 1 6 & 7 Vict. o. 73, sect. 37. ' Ibid. » Ibid. 
 
76 JURISDICTION UNDER SOLICITORS' ACT. 
 
 6. Upon any reference, if either party having due notice 
 fail to attend the taxation, the officer may proceed to tax 
 and settle such bill ex parte ; and in case the party charge- 
 able with the bill shall attend upon such taxation, the costs 
 of the reference are, except as presently mentioned, to be 
 paid according to the event of the taxation ; that is to say, 
 if such bill when taxed be less by a sixth part than the bill 
 delivered, then the attorney or solicitor, or his executor, 
 administrator, or assignee, must pay such costs ; and if such 
 bill when taxed shall not be less by a sixth part than the bill 
 .delivered, then the party chargeable must pay such costs.* 
 
 7. The taxing officer may certify specially any circum- 
 stances relating to the bill or taxation, and the Court may 
 make thereupon any such order as the Court may think 
 right respecting the payment of the costs of the taxation ; 
 and when such reference is made when the same is not 
 authorised to be made except under special circumstances, 
 then the Court may, if it think fit, give any special directions 
 relative to the costs of the reference.'^ 
 
 8. In the same cases where the Court is empowered to 
 refer a bill which has been delivered for taxation, an order 
 may be made for the delivery by any attorney or solicitor, 
 or his executor, administrator, or assignee, of his bill of 
 costs, and for the dehvery up of deeds, documents, or 
 papers in his possession, custody, or power, or otherwise 
 touching the same.^ 
 
 9. The proper mode of enforcing the delivery, of a 
 solicitor's bill is to obtain an order requiring the solicitor 
 to deliver his bill within a certain time after service of the 
 order. Upon the copy of the order to be served upon the 
 ■solicitor there must be endorsed a memorandum in the 
 words or to the effect following (that is to say), "If you, 
 
 ',S/?ct. 37. 'Ibid. 3 Ibid. 
 
JURISDICTION UNDER SOLICITORS' ACT. 77 
 
 the within -named A. B., neglect to obey this order by the 
 time therein hmited, you will be liable to be arrested under 
 a Writ of Attachment issued out of the High Court of 
 Chancery, or by the Sergeant-at-Arms attending the same 
 court, and also be liable to have your estate sequestered 
 for the purpose of compelling you to obey the same order." 
 Upon default being made in compliance with the order, an 
 attachment will go as of course.' 
 
 10. It is not necessary in the first instance for an 
 attorney or solicitor, or his executor, administrator, or 
 assignee, in proving a compliance with the Act, to prove 
 the contents of the bill he may have delivered, but it is 
 sufficient to prove that a bill of costs was actually delivered ; 
 but it is competent, however, for the other party to show 
 that the bill so delivered was not such a bill as constituted 
 a bond fide compliance with the Act.'* 
 
 11. Any Judge of the court may authorise an attorney 
 or solicitor to commence an action or suit for the recovery 
 of his costs against the party chargeable therewith, 
 although a month shall not have expired from the delivery 
 of the bin, on proof to the satisfaction of such Judge that 
 there is probable cause for believing that the party is 
 about to leave England? 
 
 12. Where any person, not the party chargeable with 
 any bill of costs, is liable to pay or has paid such bill, 
 either to the attorney or solicitor, his executor, adminis- 
 trator, or assignee, or to the party chargeable with the 
 same, it is competent for such person, his executor, admi- 
 nistrator, or assignee, to make such application for a 
 reference for the taxation and settlement of such bill, as 
 the party chargeable therewith might himself make, and 
 
 1 23rd Cons. Ord. r. 10 ; Ex parte ' Sect. 37. 
 Belton, 25 Beav. 368. ' IWd. _ 
 
78 JURISDICTION UNDER SOLICITORS' ACT. 
 
 the same reference and order will be made thereupon, and 
 the same course pursued in all respects, as if such appli- 
 cation were made by the party so chargeable with such 
 bill. In case, however, such application is made when a 
 reference is not authorised to be made, except under special 
 circumstances, the Court may take into consideration any 
 additional special circumstances applicable to the person 
 making such application, although such circumstances 
 might not be applicable to the party so chargeable with the 
 bill if he were the party making the application.^ 
 
 13. In any case where a trustee, executor, or adminis- 
 trator has become chargeable with any bill of costs, the 
 Lord Chancellor, or Master of the Rolls, if in his discretion 
 he shall think fit, may, upon the application of a party 
 interested in the property out of which such trustee, 
 executor, or administrator may have paid or be entitled to 
 pay such bill, refer the same to be taxed, subject to such 
 conditions as the Court shall think fit.*^ Such an order, 
 however, can only be obtained on a special application.^ 
 
 14. For the purpose of making any such reference upon 
 the application of a person not being the party chargeable 
 with the bill of costs, the Court may order any attorney or 
 solicitor, or his executor, administrator, or assignee to 
 deliver to the party making such application a copy of the 
 bill of costs upon payment of the costs of such copy. No 
 bill, however, which has been previously taxed and settled 
 may be again referred, unless under special circumstances 
 the Court shall think fit to direct a re-taxation thereof.* 
 
 15. The payment of any biU of costs is in no case to 
 preclude the Court from referring such bill for taxation 
 if the special circumstances of the case appear to require 
 
 ' Sect. 38. 3 s^ Straford, 16 Beav. 27. 
 
 " Sect. 39. 4 Sect. 40. 
 
JURISDICTION UNDER SOLICITORS' ACT. 79 
 
 the same, upon such terms and conditions, and subject 
 to such directions as to the Court shall seem right, pro- 
 vided the application for such reference be made within 
 twelve calendar months after payment.* 
 
 16. In any case in which a bill of costs has been referred 
 to be taxed, the taxing officer may request the proper 
 officer of any other court to assist him in taxing any part 
 of such bill.^ 
 
 17. All applications made to refer any bill of costs to be 
 taxed, and for the delivering up of deeds, documents, and 
 papers, must be made in the matter of such attorney or 
 solicitor ; and upon the taxation and settlement of any bill, 
 the certificate of the officer by whom such bill has been 
 taxed is final and conclusive as to the amount thereof, 
 unless set aside or altered by an order or decree; and 
 payment of the amount, certified to be due and directed to 
 be paid, may be enforced according to the course of the 
 Court.' 
 
 18. Under this Act, references for taxation may be made 
 by the Vice-Chancellors as well as by the Lord Chancellor 
 and Master of the Rolls.* 
 
 19. The "month" in the Act means "calendar month,"^ 
 and must be exclusive of the days on which the bill is 
 dehvered and the petition presented.^ 
 
 20. The bill of costs of a mortgagee's solicitor, for busi- 
 ness done in relation to the mortgage, and the sale of the 
 mortgaged estate, is taxable at the instance of the mort- 
 gagor.' The taxation will take place as between the soli- 
 citor and his client, the mortgagee.^ 
 
 1 Sect. 41. " Re. Hunt, 18 Law T. 82, M. E. 
 
 s Sect. 42. ' -Ss Lees, 5 Beav. 410. 
 
 3 Sect. 43. * Re. Vines, 2 De G. M. & G. 842 ; 
 
 * Re Carew, 8 Beav. 128 ; ife Howard, Re Barrow, 17 Beav. 647 ; s. c. 18 Jur. 
 
 Ibid. 424. 181 ; 2 W. R. 109. 
 s Ryalls v. Reg., 12 Jur. 458, Q. B. 
 
80 JURISDICTION UNDER SOLICITORS* ACT. 
 
 21. A solicitor agreed to undertake the defence of 
 another sohcitor upon agency charges. On special peti- 
 tion, a taxation of his bill was ordered, " having regard to 
 the agreement." ' 
 
 22. It has recently been certified that, under the com- 
 mon order, the Taxing-Masters will not hesitate to entertain 
 the question of an agreement by the solicitor to take only 
 costs out of pocket.. Agreements for the conduct of 
 business and the terms of conducting it are of constant 
 occurrence between the solicitor and his client, and the 
 Taxing-Masters could not discharge their business with- 
 out great injustice and impropriety, if they declined to 
 listen to such arrangements, and to give the proper effect 
 to them.** 
 
 23. Where, at and before a parliamentary election, an 
 attorney was employed in procuring the return of a candi- 
 date, it was held that the Court had jurisdiction tp order 
 his bill of costs for such services to be taxed. The Court 
 also restrained the attorney from proceeding at law for his 
 costs pending such taxation ; and refused to direct the 
 Taxing-Master to tax separately the costs incurred pre- 
 viously to and at the election, or to distinguish between 
 the items for service rendered in a professional capacity, 
 and those which might have been rendered by a person 
 not an attorney.^ 
 
 24. Under the common order to tax a solicitor's bill, 
 the Taxing-Masters will tax a bill for parliamentary busi- 
 ness upon the scale of parliamentary allowances.* 
 
 25. The Act 10 & II Vict. c. 69, "Por the more effec- 
 tual taxation of costs on private bills in the House of 
 Commons," does not deprive the Court of Chancery of its 
 
 ' He Gedye, 23 Beav. 347. ' He Collis, 23 Law T. 40, M. E. 
 
 2 Jle PhUp, 2 Giff. 35 ; s. c. 3 Law T. Ireland. ' 
 (N.S) 208 ; 6 ,Iur. (N.S.) 1024. " Be Sudlow & Eingdom, 11 Beav. 400. 
 
Jurisdiction under solicitors' act. 81 
 
 jurisdiction to order taxation of a solicitor's bill of costs 
 for parliamentary business.' 
 
 26. Where a solicitor was retained to act as electioneer- 
 ing agent, and to advise and assist the committee, it was 
 held, that he was employed in his character of solicitor, and 
 not as an ordinary agent, and that the bill of costs was 
 taxable.'^ 
 
 27. The fees of the steward of the manor, who is a soli- 
 citor but acts in the character of steward only, are not 
 taxable.' 
 
 28. This statute does not authorise the taxation of 
 every pecuniary demand or bill of a solicitor for every 
 species of employment in which he may happen to be 
 engaged.* 
 
 29. The business, a biU in respect of which is sought to 
 be taxed, must be connected with the profession of an 
 attorney or solicitor; business in which the attorney or 
 solicitor was employed, because he was an attorney or 
 solicitor, or in which he would not have been employed if 
 he had not been an attoniey or solicitor, or if the relation 
 of attorney or solicitor had not subsisted between him and 
 his employer.^ 
 
 30. A bill of costs will be assumed to be taxable when 
 the solicitor has retained it in his possession, and declines 
 to produce the same.^ 
 
 31. An order was made for taxation of bills of costs 
 after payment, where the solicitor had produced them on 
 the execution of a mortgage, out of the property of which 
 they had been paid, but had taken them back immediately, 
 and afterwards refused to produce them.' 
 
 > Re Strother, 3 K. & J. 518 ; s. c. ^ ^llen v. Aldridge ; Ee Ward, 6 
 
 3 Jvir. (S. S.) 736. Beav. 401. 
 
 2 Eb Osborne, 25 Beav. 353 ; a. o. 4 * IWd. = Ibxd., 
 
 Jin-. (N. S.) 296 ; 27 Law J. (Oh.) 532; ^ JBe Loxightorough, 23 Beav, 439. 
 W. E. 401 ; 31 Law T. 79. ' Tbid. 
 
82 JURISDICTION UNDER SOLICITORS* ACT. 
 
 32. It is not necessary to specify items of overcharge, 
 upon a petition for taxation after payment, in a case in 
 which the solicitor, by retaining the bill of costs and re- 
 fusing to produce it, prevents the client pointing out the 
 overcharges.^ 
 
 33. Where payment of a bill of costs' has been obtained 
 by undue pressure, a taxation may be directed on proof of 
 overcharge, without showing that such overcharges are so 
 gross as to amount to fraud.'* Proof, however, of over- 
 charge alone is insufficient to obtain the taxation of a paid 
 bill, although it is a necessary ingredient.^ 
 
 34. It is a special circumstance where, on paying off a 
 mortgage, or at the time appointed for the completion of a 
 transaction, a solicitor produces his bill and insists on pay- 
 ment as a condition for immediate completion, though 
 items are objected to, and, under these circumstances, a 
 taxation will be directed after payment, if there are appa- 
 rent overcharges.* 
 
 35. Upon an application to tax a paid bill, the solicitor 
 will not be permitted to add to any undercharges contained 
 therein, but the taxation must be had on the bill as deli- 
 vered and paid.® 
 
 36. But pending taxation, leave was given upon special 
 application to carry in an additional bill for specified items 
 of undercharge and omissions arising from error and 
 mistake.^ 
 
 37. Delivery of a bill of costs to an agent of the client 
 appointed for that purpose, will be sufficient.'' 
 
 38. Delivery of a bill of costs unsigned, but accompanied 
 
 1 Re Loughborough, 23 Beav. 439. G. M. & G. 842 ; Re Bennett, 8 Beav 
 
 ' Re WeUs, 8 Beav. 416. See also 467. 
 M Barnard, 16 Beav. 5; oa App. 2 De ' Ibid. See also Re Jones, 8 Beav. 
 
 G. M. & G. 359 ; s. c. 17 Jur. 53. 479 ; Re Carven, Ibid. 436. 
 
 3 Re Stirke, 11 Beav. 304. « Re Walters, 8 Beav. 299. 
 
 '■ Ibid. See also Re Vines, 2 De 7 iSc Bush, 9 Beav. 66. 
 
JURISDICTION UNDER SOLICITORS' ACT. 83 
 
 by a letter signed by the solicitor, and referring to the bill, 
 is a sufficient compliance with the Act.' 
 
 39. Where a bill was sent in a letter headed, " To the 
 
 promoters of the L Company," it was held to be a 
 
 sufficient delivery.^ 
 
 40. The taxation of the bill of costs of the agent of a 
 solicitor, upon the footing of a special agreement, requiring 
 the Master to depart from the ordinary rules of taxation, 
 cannot be obtained upon petition.^ 
 
 41. An account of all the dealings and pecuniary trans- 
 actions not connected with the bills of costs, cannot be 
 obtained upon a petition for the taxation of costs ; the 
 account directed on petition being limited to monies paid 
 or duly appropriated towards satisfaction of the bills.* 
 
 42. In general a solicitor cannot obtain the taxation of 
 his agent's costs without bringing the amount into Court ; 
 but, under special circumstances, that condition will be 
 dispensed with or the amount limited.^ 
 
 43. An order for taxation obtained by an insolvent 
 debtor of a biU of costs incurred prior to his insolvency, 
 was discharged with costs.^ 
 
 44. Care should be taken that the order for taxation is 
 obtained by the person by whom the costs have been 
 incurred, otherwise the same will be discharged on the 
 ground of irregularity.' 
 
 45. A bill of costs incurred by two persons was ordered 
 to be taxed on the application and upon the undertaking 
 of one.^ 
 
 46. A solicitor consented to take a less sum than the 
 
 1 Ibid. See also Se Pender, 8 Bear. * Ibid. Jones k. Roberts, 8 Sim. 
 299; on App. 2 Ph. 69. 397. 
 
 2 Mant V. Smith, 4 H. & N. 324 ; 'Be. Halsall, 11 Beav. 163. 
 
 s. c. 28 Law J. (Ex.) 234. ' Ex parte Mobbs, 8 Bear. 499 ; Se 
 
 3 He Smith, 4 Beav. 309. Perkins, Ibid. 241. 
 
 . l\){^_ ' Lockhart v. Hardy, 4 Beav. 224. 
 
 « 2 
 
84 JURISDICTION UNDER SOLICITORS' ACT. 
 
 sum claimed by him for his bill .of costs, and it was agreed 
 between him and his client that the same should be re- 
 ceived and taken ia full of all demands, and the solicitor 
 gave his client a receipt stating the sum so received to be 
 in full of all demands. The client afterwards, but within 
 the time allotted by the Act, obtained the common order 
 to tax his solicitor's bill, but did not state that the receipt 
 had been given by the solicitor and received by him. It 
 was held that, under the circumstance's, the common order 
 could not be sustained, whatever might be the case as to a 
 special order, and the common Order was discharged with 
 costs. ^ 
 
 47. If a client to whom a soKcitor has delivered his bill 
 of costs, delays to obtain an order for two months, it will 
 be considered too late to obtain a taxation of the items, 
 although there may be gross overcharges.^ 
 
 48. A shareholder and member of the managing com- 
 mittee of a provisionally registered railway company was 
 held entitled to an order, on petition for delivery and taxa- 
 tion, after payment of the bills of the solicitor employed by 
 such committee.^ 
 
 49. A compromise of a sohcitor's claim for costs, if 
 effected under circumstances of pressure upon the chent, 
 does not oust the jurisdiction of the Court to tax the bills 
 upon petition.* 
 
 50. Where a client resident abroad applies for the taxa- 
 tion of his solicitor's bill of costs on his undertaking to pay, 
 he must give security for the costs of the proceeding,^ and 
 also for the balance that may be found due from him on 
 taxation.^ 
 
 ' Be. Hunt, 18 Law T. 82, M. E. « IWd. 
 
 ' ife Forster, 1 Law T. (N. S.) 160, <■ Be Pasmore, 1 Bear. 94. See also 
 
 ^■'^- "• He Dolman, 11 Jur. 1095, M. fi. ; Ex 
 
 a Exparle Bass ; Se Stephen, 2 Ph. parfe Foley, 11 Bea,v. 456. 
 
 662. 
 
 •^ Anon. 12 Sim. 262. 
 
JUKISDICTION UNDER SOLICITOKs' ACT. 85 
 
 51. A solicitor entered iirto a special agreement with 
 his client for interest on his bill, and for a charge on the 
 estate recovered. It was held that this was not a proper 
 case for an order of course for taxation, and such an order 
 was discharged.^ 
 
 52. The jurisdiction as to taxation extends only to the 
 ascertainment, by the ordinary rules of practice, of the 
 quantum payable by one party to the other. It does not 
 authorise the Court to determine whether a special agree- 
 ment exists as to the mode of taxation or the manner in 
 which the costs, charges and expenses are to be settled and 
 paid.^ The Court also will only determine questions on 
 items in a bill of costs which involve some principle, and 
 not those relating to quantum only.^ 
 
 53. Upon paying off a mortgage, the bill of the mort- 
 gagees' solicitor, though objected to, was paid in full, the 
 solicitor undertaking " to refund" so much of " the mort- 
 gagees' law charges" as might "be found to be in excess 
 of what they were entitled to receive." It was held, that 
 the Court would enforce the undertaking upon petition, by 
 ordering a taxation, and that it was to be as between the 
 mortgagor and mortgagees.* 
 
 54. A mere volunteer under no previous liability does 
 not, by paying a solicitor's bill, acquire a right to tax it.* 
 
 55. An order of course, for taxation, cannot be sup- 
 ported on merits as a special order, upon the occasion of a 
 motion to discharge it for irregularity.^ 
 
 56. The common order directs the solicitor to deliver 
 " a bill of fees and disbursements in all suits, causes, and 
 
 1 B£ Mo8a, 17 Bear. 59. ' S£ Catlin, 18 Beav. 508. 
 
 2 Jfe Rhodes, 8 Beav. 224. See also ■* jfo Fisher, Ibid. 183. 
 
 Be. Thompson, Ibid. 2-37 ; ife Whit- * -S« Becke and Flower, 5 Beav. 
 
 oombe, Ibid. 140 ; Alexander «. An- 406. 
 
 derdon, 6 Beav. 405 ; ife Ransjjni, 18 ^ Grove v. Sansom, 1 Beav. 297. See 
 
 Beav. 220. also Gregg v. Taylor, Ibid. 123. 
 
86 JURISDICTION UNDER SOLICITORS' ACT. 
 
 other matters of business in which he has been employed 
 as the attorney or soHcitor for the petitioner." * 
 
 57. Material circumstances should not be suppressed 
 in the petition, or the same will be dismissed with 
 costs.'' 
 
 58. A solicitor acted for clients under a special agree- 
 ment as to costs, which was doubtful. It was held, that 
 the Court had no jurisdiction to determin,e the construction 
 and effect of the special agreement on petition.^ 
 
 59. The court of a revising barrister is not "a Court of 
 law" within this Act, so as to exclude the jurisdiction of 
 this Court to order the taxation of a biU containing items 
 for business done in that Court.* 
 
 60. A solicitor claimed five bills of costs against his client. 
 The client obtained an order of course to tax two only. It 
 was discharged with costs.* 
 
 61. Where, upon an application for taxation under this 
 Act, it appears probable that upon grounds not determin- 
 able under that jurisdiction, payment ought not to be made 
 without further investigation, this Court may properly 
 abstain from ordering payment, or from ordering the 
 delivery up of deeds, till the qu^estions which cannot be 
 determined under such jurisdiction have been properly in- 
 vestigated and determined elsewhere.® 
 
 63. The Court has jurisdiction to make an order for the 
 taxation of a bill giving liberty to the client to question 
 the retainer.' 
 
 63. A party applying for a special order for taxation, in 
 
 1 Be Smith, 19 Beav. 329. 17 Jur. 1145; 23 Law J. (Ch.) 129; 
 
 2 Be, Holland, Ibid. 314 ; s. c. 2 "W. E. 2 W. R. 46 ; 22 Law T. 114. 
 
 514; 23 L. T. 203 ; Re Eyre, 10 Beav. » Be Law and Gould, 21 Beav. 481. 
 
 569 ; on App. 2 Ph. 367 ; Be Rees, « Re Dalby, 8 Beav. 469. 
 
 12 Beav. 266. 7 ije Thurgood, 19 Beav. 541 ; s. c. 
 
 3 Re Beale, 11 Beav. 600. See also 23 Uw J. (Ch.) 952 ; 18 Jur. 821 ; 2 
 Be Thompson, 8 Beav. 237. W. R, 682. 
 
 * ite Andrews, 17 Beav. 610; s. c. 
 
JUEISDICTION UNDER SOLICITORS' ACT. 87 
 
 a case in which he might have obtained the common order, 
 must pay the costs though he succeeds.' 
 
 64. Payment into Court is not now required at the Rolls, 
 when the apphcation for taxation is after the expiration of a 
 month from the delivery of the bill of costs ; but it is ordered 
 "that no proceedings at law be commenced against the 
 petitioner pending the reference, but the petitioner is to pro- 
 cure the Master's report in a month (unless the Master shall 
 certify that further time is necessary to enable him to make 
 his report), or the or€er is to have no effect."'^ 
 
 65. Where a taxation is ordered after action brought, the 
 general rule is, that if anything is found due, the client 
 must pay the costs of the action.^ 
 
 66. The assignees of a bankrupt or insolvent solicitor are 
 personally liable for the costs of taxation of a bill of costs 
 delivered by them when more than one-sixth is taxed off.* 
 
 67. It requires a very special case to induce the Court 
 to order taxation after payment ; the Court being reluctant 
 to open a matter deliberately settled. The rule is that 
 there must be both pressure and overcharge, or items in 
 the bill itself of such a nature as to amount to what is 
 vaguely termed fraud.® 
 
 68. The doctrine of pressure, in cases of taxation after 
 payment, is not to be extended, and the application for 
 taxation should be made speedily.® 
 
 69. Where a considerable portion of a bill of costs is for 
 business, which, in the exercise of an honest and fair dis- 
 cretion, ought never to have been transacted, the Court, 
 although there be no serious amount of pressure, will order 
 a taxation after payment.' 
 
 ' Re Bracey, 8 Beav. 266. * Re Barrow, 17 Beav. 547 ; s. c. 18 
 
 2 7 Beav. 488 n. Jur. 181 ; 2 W. K. 109; 22 L. T. 217. 
 
 ' Re Hair, 11 Beav. 96. " Ibid. 
 
 * Re Peers, 21 Beav. 520 ; Re Peile, ? Ibid. 
 
 25 Beav. 561. 
 
88 .JURISDICTION UNDEK SOLICITORS' ACT. 
 
 70, The taxation of a solicitor's bill under this Act; 
 at the instance of a third party "liable to pay," is regu* 
 lated by the relation existing between the solicitor and his 
 client, and not as between the soUcitor and such third party.* 
 
 71. On a petition for taxation of a solicitor's bill of costs, 
 under the third party clause, the objection on the ground 
 of payment has no force. Such petitions are always 
 after payment. If some items are challenged as over- 
 charges, the Court will not regard the fact of the personal 
 animus of the applicant, nor the smallness of his interest, 
 unless it be infinitesimal.^ 
 
 73. A cestui que trust has no right to question his trustees' 
 retainer of a solicitor, as between himself and the solicitor, 
 or to obtain an order for a separate taxation of the solici- 
 tor's bill of costs ; but he has a right to attend the taxation 
 of the trustees, and raise the question of retainer only as one 
 between himself and his trustees.^ 
 
 73. Whenever this Act applies, the Court cannot in any 
 case whatever send a bill for taxation as against the solici-- 
 tor, if it has been paid more than twelve months ; but the 
 Court may, after that period, direct a taxation as between a 
 trustee and his cestui que trust, to justify the payment of 
 the former.* 
 
 74. The mere circumstance that a bill of costs contains 
 items which would be disallowed or reduced on taxation, is 
 not of itself sufficient to entitle the party to a taxation of a 
 bill which has been settled and paid.^ Where the over- 
 charges, therefore, are trifling, the petition will be dismissed 
 with costs.^ 
 
 75. A mortgagor, without giving six months' notice, 
 
 > Ss Fyson, 9 Beav. 117. W. R. 15 ; s. c. 1 Law T. (N. S.) 16, 
 
 ' Re Dawson, 8 W. R. 554 ; s. c. 2 M. R. 
 Law T. (N. S.) 686 ; 6 Jur. (N. S.) * Re Downes, 5 Beav. 425. 
 «78, M. R. s Massie v. Dra;ke, 4 Beav. 433. 
 
 3 Ri Story ; Ex parU Marwiok, 8 « Re Drake, 8 Beav. 123. 
 
JURISDICTION UNDER SOLICITORS' ACT. 89 
 
 requested tlie mortgagee to accept payment and to 
 transfer the mortgage. The transfer being executed, the 
 mortagee's soHcitors refused to deliver it or the title-deeds 
 to the mortgagor without payment of their bill of costs. 
 The mortgagor's solicitor objected to items amounting to 
 less than £9 in all, but paid the full amount in order to 
 obtain the deeds. It was held that the above were not such 
 special circumstances as to subject the bill to taxation after 
 payment.' 
 
 76. A mortgagee']^ solicitor delivered his bill to the 
 moi-tgagor nearly three weeks before the day of settlement. 
 At the meeting the biU was objected to ; but the solicitor 
 refused to complete without full payment, and the mort- 
 gagor paid it under protest. It was held that this was not 
 sufficient to authorise a taxation, although there might be 
 some overcharges.^ 
 
 77. A bill of costs was delivered on the day appointed to 
 complete the transfer of a mortgage. It was objected to, 
 but the solicitor of the mortgagee refused to complete until 
 payment. The mortgagor paid it, but it was afterwards 
 ordered to be taxed.' 
 
 78. Where a cestui que trust seeks to tax the solicitor's 
 bill paid by his trustee, on the ground of overcharge, he 
 must allege and prove specific items.* 
 
 79. The speciaLcircumstances under which a paid bill 
 may be taxed are such as exist or take place at the time of 
 payment, or such as appear on the face of the bills them- 
 selves : 1st. Where payment is extorted, and there are im- 
 proper charges even of a small amount ; or 2nd. Where 
 
 ' Jfe Finch ; Ex parte Barton, i De G. 416 ; s. c. 2 W. R. iOi. 
 
 M. & G. 108 ; s. c. 22 Law J. (Ch.) ' Be PhiUpotts, 18 Beav. 84 ; s. c. 2 
 
 670, affirming s. e. 16 Beav. 585. W. R. 3. Sed vide Se Towle, 8 Law T. 
 
 3 Ee Harrison, 10 Beav. 57. See (N. S.) 283, M. R. 
 
 also ife Neate, Ibid. 181 ; Be Welch- ■• Be Bennett, 8 Beav. 467. 
 man, 11 Beav. 319 ; -B« Bayley, 18 Beav. 
 
90 JUKISDICTION UNDER SOLICITORS' ACT. 
 
 the charges are so gross as to evidence fraud and oppression, 
 taxation will be directed after payment.^ 
 
 80. It is inexpedient for a client to pay, or for a 
 SoUcitor to receive, his bill of costs so closely upon its 
 delivery, that it cannot have been carefully and deliberately 
 proved and examined by the client ; but this alone is not 
 sufficient to warrant a taxation after payment.^ 
 
 81. Where the alleged pressure consisted in the refusal 
 to allow the execution of a conveyance, which was required 
 without delay to make a good title to a purchaser, except 
 on payment of the bill of the mortgagee's solicitor; taxation 
 after payment was refused.^ 
 
 82. Taxation after payment was ordered on proof of 
 pressure, and on showing ground for thinking that the bill 
 would be considerably reduced on taxation.* 
 
 83. Where neither a case of pressure is proved against 
 a solicitor, nor improper items of charge shown by a third 
 party applying for an order to tax the bill, the application 
 will be refused with costs.® 
 
 84. Where a bUl of costs is paid under protest in 
 order to obtain some document on which the solicitor 
 whose bill of costs is sought to be taxed has a lien, the 
 objectionable items in it " ought to be specified before pay- 
 ment.* 
 
 85. To obtain the taxation of a bill of costs after payment 
 the petitioner must, as a general rule, allege and prove 
 specific items of overchargCj even if the payment has been 
 made under protest and upon pressure." . 
 
 86. Where there is evidence of pressure, the Court will, 
 if necessary, direct a general reference for taxation, although 
 
 ' Be. Currie, 9 Beav. 602. ' ife Evans, 15 Law J. (Ch.) 115, M. E, 
 
 ° Ibid. 6 Be Davie ; Ex parte White, 8 W. K. 
 
 5 Be Dolman, 2 W. R. 447, M. R. 15, M. R. 
 
 Be Sladdcn, 10 Beav. 488. ^ Be. Thompson, 8 Beav. 237. 
 
JURISDICTION UNDER SOLICITORS' ACT. 91 
 
 in the petition for taxation, some only of the items of the 
 bill of costs may be objected to.' 
 
 87. If a solicitor has refused to allow certain deeds to be 
 executed until his bill of costs is paid, and the bill is paid 
 under protest, and the deeds executed, this may constitute 
 such a " special circumstance " as to induce the Court to 
 tax the bill under this Act.^ 
 
 88. Where a bill of costs has been delivered and security 
 given for the amount, that is equivalent to payment, for 
 the purpose of precluding taxation without special circum- 
 stances.^ 
 
 89. If overcharges evidence fraud, very shght, if any, 
 circumstances are necessary to induce the Court to order 
 a taxation.* 
 
 90. Where accounts and bills of costs of a solicitor are 
 delivered a sufficient time before the settlement to allow 
 the client to examine them, and the opportunity is taken 
 advantage of, and the bUls, being examined, objections are 
 taken, upon discussion of which an allowance is made, a 
 settlement come to, and the balance paid, prima facie, a 
 taxation is precluded ; but if, under the above circum- 
 stances, the client is in the power, or at the mercy of, the 
 solicitor, if the bill delivered be not sufficiently explanatory, 
 if the client, though having time to examine the bills, 
 has not been able to obtain, or has not been allowed to 
 employ, the most effective means of examination, if it 
 appears that the solicitor in whose power the client is, is 
 driving a bargain with him on unequal terras, and that 
 the relation of solicitor and client, and the power of the 
 solicitor, continues, then all the - circumstances above 
 
 ' ifeAleock, 2 Coll. 92. 71 ; 2 W. E. 617; 23 L. T. 262. See 
 
 ' Ex parte Andrews, 13 Law J. (Ch.) ahoi Expa/rte Hemming, 28 LawT. 144; 
 
 222, L. C. iJe Harper, 10 Beav. 284. 
 » Re Boyle ; Ex parte Turner, 6 De * Re Harding, 10 Beav. 250. 
 
 G. M. & G. 540 ; s. c. 24 Law J. (Ch.) 
 
92 JURISDICTION UNDER SOLICITORS* ACT. 
 
 referred to, as tending to establish the settlement, may 
 be unavailing.^ 
 
 91. A petition being presented for the taxation of a 
 solicitor's bill, it was held that the application was to be 
 considered as made at the latest at the time of answer- 
 ing the petition, and not at the time of service of the 
 petition, or the day appointed for hearing. In cases of 
 accidental delay in the office the period may be carried 
 further back.*^ 
 
 92. On a petition for taxation under the third party 
 clause, when the party immediately chargeable has paid 
 the solicitor, and the third party liable has repaid him, it 
 is not necessary to prove pressure.^ 
 
 93. A solicitor whose bill had been ordered to be taxed 
 by the Court, and, on taxation, was materially reduced in 
 amount, afterwards brought an action to recover the whole 
 of his bill; it was held that his doing so was a contempt. 
 The Court will interfere to restrain such an action in a 
 summary manner on application.* 
 
 94. Where there are no special circumstances, the com- 
 mon order for taxation is obtained on petition, as of course 
 at the Rolls. What ,are " special circumstances," is a 
 question of considerable difficulty. Where any doubt 
 exists, it is preferable to apply for a special order for taxa- 
 tion in the first instance. 
 
 95. It is an established rule of the Court, that it is the 
 duty of every person who applies for an order of course 
 to state everything which can have a bearing on the 
 matter, such as, for instance, an important fact relating to 
 the payment, or to the time of payment, of a biU of costs, 
 to enable the officer to judge whether an order of course 
 
 1 NokesD. Warton, 5 Beav. 448. ■• Se Campbell, 3 De G. M. & G. 
 
 ' Sayer v. AVagstaff, Ibid. 415. 586 : s. c. 1 W. E. 204. 
 
 3 Se Turner, 4 W. E. 805, M. E. 
 
JURISDICTION UNDEK SOLICITORS' ACT. 93 
 
 ought to be granted, or whether the party should apply 
 for a special order. The practice in this respect is analo- 
 gous to that on applications for ex parte injunctions, in 
 which the omission to state anything material is of itself a 
 sufficient ground for dissolving the injunction. When a 
 party applying for an ew parte order states no special cir- 
 cumstance, he must be taken to assert that there is nothing 
 whatever special in the case. Wherever there has been a 
 special dealing between the parties in respect of costs, or a 
 question exists as to other costs, it is necessary to make 
 a special application. However, a solicitor cannot get an 
 order of course discharged by merely saying there are 
 other transactions besides those mentioned in the petition, 
 in respect of which costs are due. There must be some 
 foundation for the assertion, and some satisfactory evidence 
 in support of such a statement.^ 
 
 96. The Court, therefore, will discharge with costs an 
 order of course obtained upon a suppression or an untrue 
 statement of any material facts, even though it should 
 appear that the party would be entitled to the order on a 
 special application.*^ 
 
 97. It would appear, however, that the suppression or 
 untrue statement must have been wilfully made by the 
 party applying for an order of course. 
 
 98. Where a bill has been actually paid, an order of 
 course to tax the bill cannot properly be obtained, but a 
 special application ought to be made for that purpose.^ 
 
 99. Where a petition alleged that the petitioner had 
 employed the solicitor in reference to a certain mortgage 
 security without alluding to any other transaction, but it 
 appeared in fact on a motion to discharge the order for 
 
 1 Re "Walker, 14 Beav. 227 ; Re 'Re Eldridge, 12 Beav. 387. 
 Hinton, 15 Beav. W2 ; Re Gedye, Ibid. ^ s^ Winterbottom, 15 Beav, 80. 
 264. 
 
94 JURISDICTION UNDER SOLICITORS* ACT. 
 
 taxation, that either there were other costs incurred for 
 which the petitioner was liable, or in respect of which a 
 fair controversy was existing ; it was held that in such a 
 case an order of course ought not to have been obtained, 
 and that a special application was necessary, /and the order 
 was therefore discharged.^ 
 
 100. Where, by error and mistake, some items were 
 omitted from and others undercharged and overcharged in 
 a bill of costs referred for taxation, on a petition by the 
 executor of the solicitor, liberty was given to insert the 
 omitted items and increase those undercharged, but he 
 was not allowed to decrease the overcharges, and the costs 
 of the application were ordered to be paid by the peti- 
 tioner.'^ 
 
 101. Where an order of course without sufficient 
 grounds has been refused at the Secretary's Office, the 
 chent will not have to pay the costs of a special petition, 
 but the proper course is to make the costs follow the 
 result of the taxation. Where, however, a doubt exists, 
 the client ought to apply to the solicitor, to know whether 
 he would consent to an order of course, whereby an appli- 
 cation to the Court would be rendered unnecessary, and so 
 that in the case of his refusal there would then be a justi- 
 fication for the application to the Court.^ 
 
 102. An order for the taxation of two "out of four bills 
 and the delivery up of the papers, was discharged, but 
 without costs, the solicitor having attended the taxing- 
 master without having obtained, and not having applied to 
 discharge, the order until six months after notice of it.* 
 
 103. Substituted service of the petition for a special 
 order for reference will be allowed under special circum- 
 
 ' Re Walker, 14 Beav. 227. 3 Re Taylor, 15 Beav. 145. 
 
 ' Re Whalley, 20 Boav. 676. ■• Be Wavell, 22 Beav. 634. 
 
JUEISDICTICN UNDER SOLICITORS' ACT. 95 
 
 stances, and in a gross case a special order will even be 
 made eoc parte, on the ground of necessity.^ 
 
 104. It was not intended by the statute that a judg- 
 ment should bar the right to taxation when there had been 
 no inquiry into the amount of the debt, as there would 
 have been in the case of a verdict, or in the case of a writ 
 of inquiry executed, which is what the clause meant to 
 refer to by the exceptions so introduced into the proviso.'^ 
 
 105. A solicitor who delivers an unsigned bill shall 
 not take advantage of this defect. He cannot deliver an 
 unsigned bill and take the chance of its payment, and if 
 the client require it to be taxed, then say, " the bill is a 
 nullity, and I will now deliver my real bill of costs." ^ 
 
 106. On the other side, a client who receives an unsigned 
 biU may, if he pleases, treat it as a nullity ; the attorney 
 can bring no action upon it, and the client may wholly 
 disregard its existence. But, on the other hand, he may, 
 if he pleases, treat it as a bill delivered under the statute ; 
 he may, in fact, waive the signature of the attorney to the 
 bill, and treat it as if the proper formalities had been com- 
 plied with ; it is his privilege to do so, and the solicitor, 
 by .delivering an unsigned bill, enables his client to 
 exercise his option on the subject. It is not, however, in 
 the power of the client to treat it as both ; i. e., to treat 
 it first as a duly signed bill, and if that fails his purpose 
 then to treat it as a nullity.* 
 
 107. The want of signature in a bill cannot be treated 
 as a "special circumstance," entitling the client to an 
 order for taxation. The statute treats of the taxation of 
 signed bills ; the client may, by waiver of the formality, put 
 
 1 JU Taylor, 11 Sim. 178 ; Re Tern- ^ jjg Gedye, 14 Beav. 56 ; s. o. 21 
 pieman, 20 Beav. 574. L. J. (Oh.) 430. 
 
 2 Re Gedye, 15 Bear. 254 ; Re Bar- * Ibid, 
 nard, 16 Beav. 6. 
 
96 JUKISDICTION UNDER SOLICITORS' ACT. 
 
 an unsigned bill in the position of a signed one ; but in 
 that case the " special circumstances " must be something 
 wholly independent of the formalities with which the bills 
 are delivered, and which have been waived by the client.^ 
 
 108. Where there is a joint employment of a solicitor, 
 and the application for taxation is made by 6ne only, the 
 Court, in such cases, has always considered it proper that 
 a special application should be made.*^ 
 
 109. Where a petition is presented for the delivery of 
 the bills of costs of a country solicitor and his town agent, 
 the petition should be intituled in the matter of both 
 solicitors.* 
 
 110. In every case where a married woman seeks an 
 order for the taxation of the bill of costs of her solicitor, in 
 respect of business done relative to her separate estate, the 
 petition, whether it be one which requires special circum- 
 stances to induce the Court to make the order, or whether 
 it be one for an order of course, must be the petition of the 
 married woman by her next friend. The liability of such 
 next friend, in the case of an order of course, wUl not be 
 extended beyond the liability of such next friend, where a 
 special order is prayed; in other words, such liability will 
 not extend to the payment of the bill of costs of the 
 sohcitor, or to any part of what shall be found due on 
 taxation of such bill, but this liability will be confined to 
 the payment of such, if any, costs as may be incurred by 
 reason of the presentation of such petition, and which will 
 include the costs of any such taxation.* 
 
 111. The statute does not apply to a married woman 
 personally, because she is not a " party chargeable " in that 
 
 ' Re Gedye, 14 Beav. 56 ; s. c. 21 ^ Bi Walton, 4 K. & J. 78 ; s. e. 
 
 L. J. (Oh.) 430. 32 Law T. 9. 
 
 5 Be Lewin, 1^ Beav. 608 ; s. o. 1 * iJe Waugh, 15 Beav. 608. 
 W. R. 269. 
 
JURISDICTION UNDER SOLICITORS* ACT. 97 
 
 sense ; but it does apply to her when she has given an 
 undertaking to pay the costs out of her separate estate, 
 and her separate estate is therefore chargeable.^ 
 
 113. Pending a reference for taxation of a bill of costs 
 incurred by a married woman, the solicitor cannot institute 
 any suit for enforcing his lien against her separate estate.^ 
 
 113. Where a solicitor had been only employed in one 
 transaction, and a special agreement having been come to, 
 to the effect that he should in a certain event receive a 
 certain sum, and which had been duly paid, he never 
 made any entries with respect to such transaction, and had 
 no materials wherewith to make out the bill, no order for 
 taxation was made.^ ' 
 
 114. A solicitor, on the day when all parties had met 
 to complete an important transaction, demanded uncon- 
 ditional payment of two bills of costs which he had 
 delivered to the petitioner, the person liable to pay the 
 same, only the afternoon of the day before. The petitioner 
 offered either to pay part on account, or to deposit the 
 whole on the understanding that the amount should be 
 afterwards adjusted, but this was refused. The petitioner 
 therefore paid the bills and then applied for taxation. 
 The Master of the Rolls considered that under the circum- 
 stances there was undue pressure, and, on some overcharges 
 being proved, directed the bill to be taxed. The costs 
 had been incurred in two suits, and it was contended that 
 on that ground the statute did not apply. The Master of 
 the Rolls, however, said that, of the two causes, one was 
 dismissed, and the proceedings in the other stayed ; and 
 under such circumstances, there was nothing to impede the 
 jurisdiction under the statute.* 
 
 1 Waugh V. Waddell, 16 Beav. 521 ; ' ife Ker, 12 Beav. 390. 
 
 5. c. 1 W. R. 206 ; 21 Law T. 16. ■" He Elmslie, 12 Beav. 638. 
 
 2 Ibid. 
 
 H 
 
98 JUEISDiCTION UNDER SOLICITORS' ACT, 
 
 115. A taxation under the statute may be ordered of 
 costs of a suit agreed to be paid by a special and separate 
 agreement by a proceeding not in the cause.' 
 
 116. A petition was presented for the taxation of a bill 
 of costs of 173/., which had been paid, on the ground of 
 pressure and overcharge. The pressure relied on was that 
 the bill was paid in order to obtain some of the documents 
 in thie hands of the solicitor, which were required by one of 
 the clients and petitioners, to assist him in his examina- 
 tion in the Bankruptcy Court. The overcharge alleged 
 consisted in the fact that two abstracts did not contain 
 ten folios a sheet. The Master of the Rolls said the case 
 was one of the weakest, on the ground of surprise, he had 
 yet met with ; and as to overcharge, his Honor said he had 
 applied to the Taxing Masters for their certificate on the 
 subject, and that it was not so decisive as he could have 
 wished as to the practice. The Taxing Masters certified 
 that the strict legal charge for drawing an abstract was 
 Qs. 8d. for each sheet of ten folios of seventy-two words, but 
 that it had been the practice of their office to pass abstracts 
 of only eight folios a sheet, unless objected to by the 
 opposite party, which was yety rarely the case. Under 
 these circumstances, his Honor said he must dismiss the 
 petition with costs. ^ 
 
 117. Where a solicitor admitted that he never delivered 
 to the petitioner any bill of costs, but that he accepted 
 an agreed sum, and that the petitioner had not offered to 
 pay a full bill of costs regularly made out, the Master 
 of the Rolls held that this was no vaUd excuse for a 
 solicitor declining to deliver a proper bill of costs, and 
 the petitioner had a right to determine for herself, or 
 according to the advice which she might receive, whether 
 
 ' Per Langdale, M. E., 12 Beav. 543. = Re Walsh, 12 Beav. 490. 
 
JURISDICTION UNDER SOLICITORS' ACT. 99 
 
 she would have the bill taxed, and that the solicitor had 
 no right to preclude taxation by refusing to state the 
 particulars of his charges.^ 
 
 118. Where an agreement was come to between a 
 soUcitor and his client, an illiterate person, for pay- 
 ment of his bills (taken at a given amount), solely out of 
 the produce of some property, the subject of the suit, it 
 was held that such a circumstance did not preclude 
 taxation.'* 
 
 119. Where a parson has not employed or retained a 
 solicitor, and is not, therefore, chargeable with his bill, 
 but is nevertheless liable to pay, and has paid a proportion 
 or part of the bill, he is entitled to have a copy of the 
 bill delivered to him with a view to taxation. Therefore, 
 where in such a case a solicitor had, after more than one 
 application, refused or neglected to give such a copy, he 
 was ordered to do so, the petitioner paying the costs of it.' 
 
 120. A client obtained an order of course for the taxa- 
 tion of his solicitor's bill. A special agreement existed 
 between them, which ought to have been mentioned on the 
 appKcation ; but this was in the possession of the solicitor, 
 who refused to furnish a copy. The Gourt declined to 
 discharge the order, though irregular.* 
 
 121. Where one solicitor was employed by a lady, in 
 effect to overlook the proceedings of another solicitor, and 
 the bill of the latter was paid by the former on the written 
 authority of the lady, and after she had declined to have 
 it taxed, it was, nevertheless, under the peculiar circum- 
 stances of the case, considered a proper case for taxation. 
 " I cannot consider," said the Master of the Rolls, " that 
 the petitioner was, under the circumstances of this case, 
 
 ' Se Blackmore, 13 Beav. 154. 26 Law T. 65. 
 
 ' Be Ingle, 21 Beav. 275 ; s. o. 1 Jur. ' £e Blackmore, ubi supra. 
 
 (N. S.) 1059 ; 25 Law J. (Ch.) 169 ; * Be Ingle, ubi supra. 
 
 H 2 
 
100 JUEISDICTION UNDER SOLICITORS ACT. 
 
 acting under the advice or protection of an independent 
 solicitor." ^ 
 
 122. A client presented a special petition for the taxa- 
 tion of his solicitor's bill, complaining that the solicitor 
 had taken reckless proceedings, and praying that the costs 
 of them might be wholly disallowed on taxation. A special 
 petition was held to be unnecessary, and the petitioner 
 was ordered to pay the costs of the same.'^ 
 
 123. At the instance, of cestuis que trust, a bill incurred 
 in respect of a trust estate by trustees deceased was 
 ordered to be taxed, but any balance due from the solicitor 
 was ordered to be paid into court to a separate account, 
 and not to the petitioners.* 
 
 124. It is not within the power of the Court under 
 this Act to take an account of the profits made by a 
 solicitor from monies of his clients in his own hands, 
 though with respect to money received by him for interest 
 on trust monies there is no doubt that he ought to be 
 
 , charged with the same.* 
 
 125. In order to , render pressure a ground for the 
 taxation of a bill after payment, it must be pressure of 
 such a sort that it was impossible, or at all events difficult, 
 for the client to have the bill taxed in the ordinary Way.® 
 
 126. Where a petition is presented for the taxation of 
 a bill nine months after payment, and extravagant and 
 improper charges are made the ground of taxation, such 
 charges must be very specifically stated, and must appear 
 to be such as to amount to " evidence of fraud." ^ 
 
 127. Where a bill has been paid under strong pressure, 
 although not proceeding from the attorney who was paid. 
 
 ' Re Blackmore, ubi supra. * Re Saveiy, 13 Beav. 424. 
 
 2 Be Atkinson & Pilgrim, 26 Beav. ' Re Browne, 1 De G. M. & G. 22. 
 151. 6 Ibid. 
 
 3 Re Hallett, 21 Beav. 250. 
 
APR 
 
 JURISDICTION UNDER SOLICITORS' ACT. ^^O 
 
 but of which he had notice, there seems some reason for 
 contending that such circumstance would afford ground 
 for taxation after payment.* 
 
 128. In the case cited below,^ the bill of costs of the 
 mortgagee's solicitors was not delivered to the mortgagor's 
 solicitor until the evening of Saturday, the 11th January, 
 the day fixed for payment of the mortgage and the com- 
 pletion of purchases of the mortgaged estate being the 
 following Monday, and the meeting of all parties for that 
 purpose having been appointed for that day. The mort- 
 gagor's solicitor complained at the meeting of what he 
 considered improper and excessive charges in the bill, but 
 as the mortgagee's solicitors refused to permit the redemp- 
 tion to take place, except upon payment of the whole bill, 
 the mortgagor's solicitor paid the amount under protest. 
 A petition was then presented for taxation, and several 
 items in the bill were objected to. It was contended in 
 opposition to the petition that protest of itself was not 
 enough, but that there must be evidence of imposition or 
 fraud. It was also contended that the petitioners having 
 selected particular items as objectionable could not tax the 
 bill generally. The Court held that it was not compelled 
 to consider the items of the bill, and the same was referred 
 to the Master for taxation, generally upon the ground of 
 pressure, but not improper pressure. The Court also 
 observed, that though protest of itself might not be mate* 
 rial, yet, connected with other circumstances, it might 
 be argued that there was sufficient in this case to consti- 
 tute a case of pressure. The costs of the petition and of 
 the taxation were reserved. 
 
 129. A mortgagor presented a petition praying that 
 divers bills of costs which had been paid under certain 
 
 * Se Browne, ubi supra. ° Ex parte Wilkinson, 2 Coll. 92. 
 
103 JURISDICTION UNDER SOLICITORS' ACT. 
 
 special circumstances might be taxed. The petition stated 
 that a meeting was appointed for the completion of a 
 transfer of mortgages and payment of the money, and that 
 the solicitor of the mortgagees presented four bills of costs, 
 two of which were agreed upon, and the others which 
 related to matters between the mortgagees and their 
 solicitor, not ; but as it appeared that a postponement of 
 the settlement might be serious to the mortgagor, it was 
 agreed that they should be paid by him. The bills con- 
 tained many improper and exorbitant charges, and the 
 petitioner specified certain items of overcharge ; the Court 
 held that as the statements and evidence showed a case of 
 great and unnecessary pressure, and as the bills, which 
 were between the solicitor and other parties, contained 
 items which could not be duly examined at the time, 
 there was sufficient reason on either ground to induce the 
 Court to make the order.' 
 
 130. It is not sufficient, in order to exclude taxation, to 
 show that no objection was made at the time to the pay- 
 ment either of particular items or of the whole bill.^ 
 
 131. An order for the delivery of a bill of costs having 
 been made at the Rolls, it was held that a motion for an 
 order to deliver up documents on the bill having been 
 paid, should also be made at the RoUs.^ 
 
 132. If a solicitor fails to deliver his bill of costs in 
 pursuance of an order of the Court, the process for con- 
 tempt may issue at the expiration of the time named in the 
 order.* 
 
 133. Where a bill has been delivered more than twelve 
 months, possession of papers by the solicitor, is not a 
 
 ' Re Kinneir, JEx parte Price, 5 Jur. ^ ^ Myig^ 1 De G. & Sm. 643. 
 
 (N. S.) 423 ; s. c. 32 Law T. 262 ; 7 * Exparte Belton, 25 Beav. 368 • s c. 
 
 AV. E. 175, V. C. S. 31 Law T. 295. 
 
 ,3 Ibid. 
 
JDRISDICTION UNDER SOLICITORS* ACT, 103 
 
 sufficient " special circumstance," as a client who has dis- 
 charged his solicitor who has a lien on the papers required 
 for the purpose of a still pending suit, may apply wholly 
 independently of the statute that the soUcitor may deliver 
 his bill of costs, and may, upon payment into Court of 
 what shall be sufficient to cover the amount claimed and 
 the costs of taxation, obtain possession of all the papers 
 covered by the solicitor's lien.' 
 
 134. A testator's estate was under administration by 
 the executors who employed a firm of solicitors, and the 
 business being completed their bill was paid. Within a 
 year a- residuary legatee applied for the taxation of the 
 bill, which was ordered by one of the Vice-Chancellors. 
 It was held, upon appeal, affirming the decision, that 
 there being charges which would not have been allowed 
 by the Court in taking accounts as between the executor 
 and the estate, there was a sufficient " special circum- 
 stance " ^ to enable the residuary legatee to obtain taxation 
 after payment.' 
 
 135. The Court cannot, upon an order to tax, take notice 
 of any special agreement for the allowance of interest upon 
 balances in the hands of the solicitor. Where, however, 
 a solicitor delivers an account, and charges himself with 
 interest, he will be held bound by his entries.* 
 
 136. A petition was presented for the taxation of a paid 
 bill of costs, alleging specific items of overcharge. The 
 solicitor thereupon offered to repay the amount of such 
 items and the costs. The petitioner did not accede to this, 
 but brought the petition to a hearing. The Court ordered 
 the taxation of the bill, treating the items as omitted.^ 
 
 1 Me, Gedye, 14 Beav. 56 ; s. c. 21 s. c. 3 Jur. (N. S.) 29 ; 28 Law T. 153; 
 Law J. (Cli.) 430. 5 "W. E. 108, LL. J. 
 
 2 Within the 38th sect. ■* ^ Savery, 15 Beav. 58. 
 
 3 Re. Dickson, 26 Law J. (Ch.) 89 ; ' iJe Catliii, 23 Beav. 412. 
 
104 JURISDICTION UNDER SOLICITORS' ACT. 
 
 137. In cases of taxation after payment, on the ground 
 of pressure or overcharge,, the Court will not carry the 
 authorities to the least extent further than it finds them. 
 The hardship on solicitors is already sufficient, and the 
 Court will not increase it.^ 
 
 138. The rule is, that the Court will not open the 
 settlement of a bill of costs unless there be both over- 
 charge and some substantial pressure, or such gross 
 overcharge as to amount to fraud. That is the rule of 
 the Court; and to obtain an order to tax afterpayment,: 
 you must make out a case of that description.'' 
 
 139. Taxation was ordered of a paid bill of a- mort- 
 gagee's solicitor in a mixed case of pressure and of impro- 
 per i^ems. The mortgagee took legal proceedings agaiust 
 the mortgagor, whereby expenses were being incurred. 
 The mortgagee's solicitor delivered his bill on the 2Bth of 
 December, and the parties met to complete a transfer on 
 the 39th of December. The bill contained a charge for 
 an abstract, which was more than double what it ought to 
 have been ; but the solicitor refused to reduce it, and the 
 bill was paid. It did not appear that any proposal had 
 been made to settle the matter, and postpone the question 
 of costs. The Court, considering that there had been both 
 pressure and overcharge, ordered a taxation.^ 
 
 140. There is a marked distinction between a biU 
 delivered and paid, and one which has been delivered but 
 remains unpaid. If the account be paid and settled, the 
 sohcitor may naturally be negligent as to his vouchers ; and 
 
 ' Se Browne, 15 Beav. 61. be sufficient. It was in this case also 
 
 2 Se Mash, 15 Beav. 83 ; ife Hub- held to be doubtful whether there was 
 
 bard, 15 Beav. 251 ; Be Finch, 16 Beav. any settled distinction between an 
 
 585; Sed -nde Re Kinneir, Ex parte "overcharge," and am "overcharge 
 
 Pi-ice, 6 Jur. (N. S.) 423 ; s. c. 32 Law which amounts to fraud." 
 
 T. 262, stated supra, where it was held ' ' Be Eance, 22 Beav. 177, 
 that pressure or overcharge alone would 
 
JURISDICTION UNDER SOLICITORS' ACT. 105 
 
 therefore it is, that, in the case of a paid bill, there must 
 be some strong case of pressure and items of overcharge 
 to induce the Court to open the transaction, and allow the 
 taxation of the bill. The case is very different vrhen, after 
 dehvery of the bill, nothing further has been done in 
 the matter, and there has been no acquiescence in the 
 demand.' 
 
 141. Where a bill w^as delivered fourteen months after 
 apphcation, and on the eve of the client going abroad, and 
 there was a distinct and substantial case of overcharge not 
 acquiesced in, it was held that the petitioner was entitled 
 to the usual order to tax the bill, though eighteen months 
 after the delivery.'* 
 
 142. Where, fifteen months after the delivery of a bill, 
 a petition was presented, and gross overcharges were 
 proved, the Court held that there were sufiicient special 
 circumstances to justify an order for taxation, but directed 
 that interest should be paid from the expiration of one 
 mouth after the delivery of the bill.' 
 
 143. It is not necessary where a cestui que trust applies 
 for taxation of bills paid by trustees or executors, to show 
 that there are fraudulent overcharges. Taxation was 
 ordered at the instance of a legatee of a bill of costs of the 
 executors' sohcitor, for the amount of which a mortgage 
 had been given by them.* 
 
 144. Where a solicitor's bill amounted to 32/., and he 
 had retained a sum of 34/., it was held that there had 
 been no payment, and that the client was entitled to an 
 order of course.^ 
 
 145. Where an order has been made for the taxation 
 
 1 iJe Williams, 15 Beav. 417. 736 ; 30 Law T. 63. 
 
 s i^d. * ^ Drake, 22 Beav. 438. 
 
 3 Re Strother, 3 K. & J. 518 ; s. c. * Re Taylor, 15 Beav. 14S. 
 26 Law J, (Ch.) 695 ; 3 Jur. (N. S.) 
 
106 JURISDICTION UNDER SOLICITORS' ACT. 
 
 of a solicitor's bill in the usual form, and a sum has 
 on such taxation been found due from the solicitor, 
 the order to fix a day for payment must be made on 
 notice. The second or four day order, however, may 
 be obtained ex parte} Before, however, the four day 
 order can be made, the former order must be served 
 personally.'^ 
 
 146. Upon the taxation of a solicitor's bill, more than 
 one-sixth was taxed off; and a sum of money being found 
 due from the solicitor to the client, a motion was made for 
 an order for payment. The Master of the Rolls said-—. 
 " Prima facie, it is right that the costs should fall on the 
 solicitor ; and on affidavit of service I shall make the order 
 subject to the other side appearing." Counsel after- 
 wards appeared for the solicitor, but the order was not 
 varied.* 
 
 147. Items in a solicitor's bill which are disallowed, are 
 to be computed in ascertaining the proportion which the 
 reductions of the bill bear to the whole amount. The 
 practice in the Taxing Masters' offices, and which has been 
 sanctioned by judicial decision, is not to strike anything 
 out of the bill, but to enter in the column appropriated 
 for reductions, the whole amount of each item disallowed, 
 and to include the amount of such disallowed items in the 
 computation for the purpose of awarding the costs of the 
 reference, subject, however, to making a special report, if 
 the circumstances of the case should render it proper so 
 to do.* 
 
 148. Where, pending a taxation, both the solicitor and 
 client died, the reference was revived, and the taxation con- 
 tinued between the representative^.^ 
 
 1 M Ste-venson, 14 Beav. 27. * B& Clark, 13 Beav. 173 ; s. c. on 
 
 2 iJe Wisewold, 16 Beav. 357. App. 1 De G. M. & G. 43. 
 
 3 ife Bainbrigge, 13 Beav. 108. 6 ^ whaUey, 20 Beav. 576. 
 
JURISDICTION UNDER SOLICITOKs' ACT. 107 
 
 149. Ad order was made for taxation, nominally on 
 the petition and undertaking of A. B. and others. The 
 certificate was made ten years after, and an order was 
 then made on A. B. to pay. A. B. applied to dis- 
 charge the order for payment, showing that the order 
 had been obtained without his authority and during 
 his absence from England. It was held, that while 
 the order for taxation stood, the order for payment was 
 regular.^ 
 
 150. The costs of taxation depend on whether one-sixth 
 is taken off the bill of costs ; and to determine this, a dis- 
 tinction is to be made between strictly professional charges 
 and disbursements and independent cash payments. 
 Those payments only which are made in pursuance of 
 the professional duty undertaken by the solicitor, and 
 which he is bound to perform, or which are sanctioned as 
 professional payments by the general and established cus- 
 tom and practice of the profession, ought to be entered 
 and allowed as professional disbursements in the bill of 
 costs. Other disbursements ought to be included in a 
 separate cash account.'* 
 
 151. The Court, though it may refuse the prayer of a 
 petition for taxation, will not always give the costs.^ 
 
 152. An order was made upon a solicitor for the de- 
 livery of his bill within fourteen days. He was unable to 
 comply, and on a motion for the second order he asked 
 for further time.' It was given, but he was ordered to pay 
 the costs of the motion.* 
 
 153. Where a special petition for the taxation of, a 
 solicitor's bill was occasioned by breach of an arrangement 
 
 ' Se Thompson & Debenham, 25 8 Beav. 121 ; Me Adamson, 18 Beav. 
 
 Beav. 245. 460 ; Jle Cattlin, Ibid., 508. 
 
 2 Be Kemnant, 11 Beav. 603 ; see 'He Thompson, 8 Beav. 237. 
 
 also Me Bedson, 9 Beav. 5 ; Re Cattlin, * Se Dendy, 21 Beav. 665. 
 
108 JURISDICTION UNDER SOLIOITORS ACT. 
 
 on his part, lie was ordered to pay the costs of the 
 petition. "^ 
 
 154. It is not competent for a solicitor to take a security 
 for, or to apply a security already taken to, the payment 
 of costs which may be subsequently incurred.^ 
 
 155. Whenever a decree or order is made by the Court 
 of Chancery in which the payment of any costs previously- 
 taxed, either in the suit or proceeding in which such decree 
 or order is made, or in any other suit or proceeding, 
 is ordered, the Court or Judge making such decree, or 
 order is now empowered to order and direct the amount 
 of such costs as taxed, including the costs of taxation, as 
 ascertained by the certificate thereof, to be paid with 
 interest thereon, at the rate of 4/. per cent, per annum, 
 from the day of the certificate, the amount of such interest 
 to be verified by affidavit, and to be payable and recoverable 
 out of the same fund as the amount of such costs.' 
 
 156. In every case, also, in which an attorney or solicitor 
 has been employed to prosecute or oppose any inquiry 
 whether a person is a lunatic, idiot, or of unsound mind, 
 and incapable of managing himself or his affairs, or in or 
 about any proceedings consequent upon such inquiry, and 
 the costs of such attorney or solicitor have not been paid, 
 in the lifetime of such person, the Lord Chancellor or 
 Lords Justices acting in lunacy are empowered to make 
 such and the like orders, and to exercise the like power and 
 authority for taxation of, and for raising and payment of 
 such costs, after the death of such person, as could or 
 might have been exercised or made in his lifetime ; and 
 
 ' ifeCattlin, Expwrte, Bailey, 3 Jui-. 3 23 & 24 Viet. o. 127, "Au Act to 
 
 (N. S.) 33, M. R. amend tKe Laws relating to Attorneys, 
 
 = iJe Foster, 6 Jur. (N. S.) 687; s. c. Solicitors,- Proctors, and Certificated 
 
 2 Law T. _(N. S.) 663 ; 8 W. R. 620 ; Conveyancers," s. 27, 
 29 Law J. (Ch.) 625, LL.J. 
 
JURISDICTION UNDER SOLICITORS' ACT. 109 
 
 such orders and proceedings are to be as valid and 
 effectual to all intents and purposes as if made in the life- 
 time of the lunatic. Any such order, however, must be 
 made vpithin seven years next after the right to recover 
 such costs, charges, and expenses, shall have accrued.* 
 
 ' Ibid, sect 29. The same Act (sect. charge any property recovered with 
 28) also empowers Courts of justice to payment of the costs. 
 
CHAPTER VIII. 
 
 THE JUEISMCTION OP THE COURT UNDER THE LA.NDS' 
 CONSOLIDATION ACT, 1846 (8 Vioi. «. 18.). 
 
 CLAUSES 
 
 9. 
 10. 
 11. 
 
 12. 
 13. 
 14. 
 
 15. 
 
 16. 
 
 17. 
 
 Jurisdiction exercised lyCowtv/nder 
 above Act. 
 
 Payment into court and mode of 
 application of pwchase or com- 
 pensation money. 
 
 On whose petition money may le so 
 applied. 
 
 Where pwrchase or compeiisation 
 m/mey does not amount to 200Z. 
 As to monies payable under contract 
 with person having partial interest. 
 Where money paid in respect of 
 leasehold or pa/rtial interest or re- 
 version. 
 
 In case of refusal, Jcc, purchase or 
 compensation money may be paid 
 into court. 
 
 And invested or distributed. 
 Parties in possession to be deemed 
 true ovmers. 
 
 As to the costs to be padd by the pro- 
 ■moters. 
 
 If promoters desirous to use lands 
 before agreement, etc., purchase or 
 compensation money may be paid 
 into cmirrt. 
 
 As to application of money deposited. 
 How petition should be intituled. 
 Sections of Act should not le set 
 out. 
 
 Petition need not be served on those 
 in remainder. 
 
 Deeds inust be settled by conveyancing 
 counsel. 
 Court has no power to apportion 
 
 19. Where company in possession, tenant 
 for life entitled to dividends. 
 
 20, 21, 22. What ammmts to "unlful 
 refusal." 
 
 23. Where tender made, distinct notice 
 of purpose should be given. 
 
 24. Only a first m/rrtgage will be 
 
 25. Where estate directed to be sold,party 
 entitled to proceeds may petition for 
 
 18. Where title to part of land defective. 
 
 26. Trcmsfer from one oAxounttoavMOicr 
 is payment out of Cowrt. 
 
 27. Where one of several persons entitled 
 petitions. 
 
 28. Application for pa/yment to tenant 
 for life of indemnity sv/m in respect 
 of road refused. 
 
 29. Costs under volwnta/ry agreement not 
 payable by company. 
 
 30. Extra costs out of fv/nd refused. 
 
 31. Balance less tham, 20Z. ordered to be 
 paid to tenant for life. 
 
 32. Dividends ordered to be paid to an- 
 nuitant. 
 
 33. Purchase-money of land belonging 
 to Corporation subject to beneficial 
 interests, how directed to he paid. 
 
 34. Purchase-money not allowed to be 
 paid in annual sums. 
 
 35. Purchase-inoney of an entailed estate 
 must be dealt with in same manner 
 as estate. 
 
 36. WJiere sum small, paid to petitioner 
 without disentailing deed. 
 
 37. Company mvust bear costs of disen- 
 tailing deed. 
 
JURISDICTION UNDER LANDS CLAUSES ACT. 
 
 Ill 
 
 38. Railway company no option as to 
 
 39. Soiises siibject to leases at 'nominal 
 rent, dividends refused to he paid to 
 rector, lutfund to he invested. 
 
 40. Under eirawmstances stated, tenant 
 for life entitled to whole of divi- 
 dends. 
 
 41. BisJwp not entitled to compensation 
 in respect of fine. 
 
 42. Money applied in part payment of 
 expenses of rebuilding. 
 
 43. Similar decision, hefore Lord Eldon. 
 
 44. Sum will he ordered to be applied 
 in new erections, or m rebuilding a 
 farm-house. 
 
 45. EnfrancMsemient orpwrchase of copy- 
 holds allowed. 
 
 46. Prodiice of leaseholds invested in 
 copyhold lands. 
 
 47. Leasehold interests are incum- 
 
 48. WTiere monies paid in by two com- 
 panies. 
 
 49. Costs to be paid by companies equally 
 and not rateably. 
 
 50. Costs of incu/mhrancers to be paid by 
 company. 
 
 Costs of reference m/iist be paid by 
 company. 
 
 Fund of lunatic directed to he paid 
 to the joirvt account of himself and 
 the com/pamy. 
 
 Fund under eircwmstamces directed 
 to be paid out as personal estate. 
 Costs of unnecessary service rrmst he 
 paid by petitumer. 
 Brokerage should be paid by peti- 
 tioner in first instance. 
 Ovmer of charge need not be served. 
 Compam/y n^t liable to pay costs of 
 unsuccessful investment. 
 
 58. As to exception about litigation costs. 
 69. As to costs of apportionment. 
 
 60. Costs of coriAieyance not to he paid hy 
 company. 
 
 61. Costs of several investments al- 
 lowed. 
 
 62. Costs of power of attorney allowed. 
 
 63. Costs of paying off incvmbrance on 
 the land not allowed. 
 
 61. 
 
 52. 
 
 63. 
 
 64. 
 
 55. 
 
 66. 
 57. 
 
 64. 
 
 65. 
 66. 
 
 67. 
 
 68. 
 
 69. 
 
 70. 
 
 71. 
 
 72. 
 
 73. 
 
 74. 
 
 75. 
 
 76. 
 
 77. 
 
 78. 
 
 79. 
 
 80. 
 81. 
 
 82. 
 
 Service on vendor not necessary under 
 the dmi/mstanees. 
 As to mortgagees costs. 
 Costs of inquiry allowedwhere i/iifant 
 or married woman interested. 
 Where infant heir, or devise in strict 
 setthmemt, costs of vesting order or 
 conveyance must be paid out of pur- 
 chase-money. 
 
 Where money invested in lands sold 
 in suit, company must pay costs of 
 
 Company must pay costs of payment 
 out of money in/vested, pending dis- 
 puted question. 
 Costs refused vmder the circwm- 
 
 Costs out of fund where imvestmient 
 for benefit of a bishop. 
 Compa/ny not liable to pay fine on 
 admission to copyholds. 
 Sum ordered to he applied in vm- 
 promememt of schools. 
 Land imcwmbered, how costs to be 
 paid. 
 
 Company not bovmd to pay costs of 
 ayrmeywnce from, infant. 
 Where title depends on question of 
 constriietion, only one set of costs. 
 Where vendor'unable to convey, that 
 is not a wilful refusal. 
 No jwrisdidion to order interest mi 
 pv/rchase-money. 
 
 Redemption of land-tax a reinvest- 
 ment. 
 
 Where landpa/rt of charity estate. 
 Money may be wpplied i/n discluwge 
 of inauinbrance on corporation lands. 
 Money applied in payment of ex- 
 penses of incloswre. 
 Pv/rchase-money of leaseholds re- 
 in/vested in reversion of other lease- 
 holds. 
 
 Mmiey paid to t&nant for life on 
 undertaking to build cottages. 
 Money applied in payment of ex- 
 penses imemrred under Meiropolitan 
 Buildings Act. 
 
 Payment of aliquot share may be 
 obtained unthout notice to oOur 
 parties. 
 
112 
 
 JURISDICTION UNDER LANDS CLAUSES ACT. 
 
 87. Income mil be paid to tenant for 
 life in possession, wiOumt service 
 on mortgagees. 
 
 88. Where successive tenants for life, 
 
 89. Application for payment of fwnd 
 comnot be made ai chain3)ers. 
 
 90. As to application for investment in 
 slock. 
 
 91. Dividends ordered to be paid 
 to the archMshop for the time 
 
 92. 
 
 93. 
 
 94 
 95. 
 
 96. 
 
 97. 
 
 98. 
 
 99. 
 100. 
 101. 
 102. 
 103. 
 104. 
 105. 
 106. 
 
 107. 
 
 108. When land taken is in lease subject 
 to renewal. 
 
 109. Where contract by committee of 
 Ivmatie's estate. 
 
 110. As to payment of costs where suit 
 instituted. 
 
 111. Where money prodttce of land held 
 by archbishop. 
 
 On lease by a dea/n, dividends 
 directed to be accvmiulated. 
 A small sum will be paid to tenant 
 for life. 
 
 A quit-rent is wn iiummbra/nce. 
 Money cannot be rein/vested in 
 leasehold property. 
 Pv/rchasB-money paid to tena/nt in 
 tail ordered to be reinvested. 
 In the case of a Corporation (he 
 freemm, should be represetited. 
 Court mil not examine into title of 
 tenant in possession. 
 Position of company analogous to 
 that of trustee. 
 
 Dividends of charity ordered to be 
 paid to rector for time beiri^. 
 Dividends paid to vicar, Ac., for 
 the time being. 
 
 Dividends paid to any two of the 
 trustees for the time being. 
 Sitrplus less than Wl. will be paid 
 to tenant for life. 
 
 Costs of arbitration will be paid 
 out of purchase-money. 
 Sum ordered to be paid to rector for 
 his own use. 
 
 Cowrse pursued on purchase of 
 reversiona/ry interest from Deem 
 and Chapter. 
 How corpus applied in case ofre- 
 
 112. As to powers of vicar over pv/rchaM- 
 Tnoney. 
 
 113. Railway company bound to pay 
 costs of parties to suit. 
 
 114 Costs of half-yearly sales of stock 
 payable by company. 
 
 115. And costs of new meumbent. 
 
 116. Parties appearing in separate sets 
 are to have their costs. 
 
 117. WTiere petition presented in the 
 matter of the Act and in a cause. 
 
 118. Costa of purchaser from tenant for 
 life will not be allowed. 
 
 119. Where price of land more than 
 money in court. 
 
 120. As to costs of interim investment. 
 
 121. As to costs of trustees. 
 
 122. Costs of mortgagees on land pur- 
 chased will not be allowed. 
 
 123. Costs of incumbrancers and of a 
 receieer allowed. 
 
 124. Presence of cestuis que trust dis- 
 pensed with. 
 
 125. Vendor should not be served. 
 
 126. Where proceedings consolidated, 
 how costs paid. 
 
 127. In what cases costs governed by old 
 Act. 
 
 128. Bow costs apportioned under the 
 circumstances. 
 
 129. Ju/risdiction as to costs in the case 
 of old Acts. 
 
 ISO. Purchaser will not be allowed costs 
 of two counsel. 
 
 131. Costs of two petitions by two co- 
 heirs allowed: 
 
 132. Costs incurred before conveya/iic/ing 
 counsel taxable. 
 
 133. Costs of inadequate pu/rchase pay- 
 able out of fund. 
 
 134. Each party v/nder the drcu/mstamces 
 was left to pay his own costs. 
 
 135. Costs of title and comeeyance not 
 payable by company. 
 
 136. Costs of petition for person to con- 
 vey payable by company umder the 
 circumstances. 
 
 137. Sum deposited in court not subject 
 to amy lien for costs of vendor. 
 
 1 38. Paid out to secretary without veri- 
 fication of seal. 
 
JURISDICTION UNDER LANDs' CLAUSES ACT. 113 
 
 139. Where party entiUed devises land 
 in strict settlement. 
 
 140. SubsHtiition of new for old /arm- 
 
 Ill. Costs payable hy Commissioners 
 of Works under the circumstances. 
 
 142. Petitioner miist make affidavit 
 verifying his title. 
 
 143. Course of proceedings mbsequent to 
 order for investment in land. 
 
 144. Observations as to sections in special 
 Acts vyith reference to costs. 
 
 1. The Court of Chancery exercises a large and very 
 beneficial jurisdiction under the powers of the Lands' 
 Clauses Act, in relatibn to the investment of and dealings 
 with purchase and compensation monies, paid in under the 
 provisions of such Act, and of the several special Acts with 
 which it is incorporated. 
 
 2. If the purchase-money or compensation payable in 
 respect of any lands purchased by the promoters of any 
 undertaking to which the provisions of the Act apply, 
 from any person having a partial or qualified interest only 
 in such lands, or the compensation to be paid for any 
 permanent damage to any such lands amount to or exceed 
 the sum of 200/., the same must be paid into the bank in 
 the name and with the privity of the Accountant-General 
 of the Court, to be placed to the account there of such 
 Accountant-General, ew parte the promoters of the under- 
 taking (describing them by their proper names), in the 
 matter of the special Act (citing it), pursuant to the 
 method prescribed by the Court ; and such monies are to 
 remain so deposited until the same can be applied to 
 some one or more of the following purposes, that is to say, 
 in the purchase or redemption of the land-tax, or the dis- 
 charge of any debt or incumbrance aflfecting the lands in 
 respect of which such money shall have been paid, or 
 affecting other lands settled therewith, to the same or 
 the like uses ; or in the purchase of other lands to be 
 settled upon the like uses, as the lands in respect of which 
 
114 JUKISDICTION UNDER LANDS' CLAUSES ACT. 
 
 such money shall have been paid stood settled ; or if 
 such money shall be paid in respect of any buildings pur- 
 chased or injured by the proximity of the works, in remov- 
 ing or replacing such buildings, or substituting others in 
 their stead, in such manner as the Court may direct, or in 
 payment to any party becoming absolutely entitled to such 
 money.* 
 
 3. Such money may be so applied upon an order of the 
 Court made on the petition of the party who would have 
 been entitled to the rents of the lands, if unsold ; and 
 until the money can be so applied it may, upon the like 
 order, be invested by the Accountant-General in the pur- 
 chase of 3/. per centum Consolidated, or 3/. per centum 
 Reduced Bank Annuities, or any Government or real secu- 
 rities, and the dividends or interest paid to the party who 
 would have been entitled to the rents of the lands.'^ 
 
 4. If the purchase-money or compensation does not 
 amount to the sum of 300/., but exceeds the sum of 20/., 
 the same may either be paid into the bank, and applied 
 in the manner before directed, with respect to sums 
 a,mounting to or exceeding 200/., or the same may law- 
 fully be paid to two trustees in manner prescribed by the 
 Act.' 
 
 5. All sums of money exceeding 20/., payable by the 
 promoters of the undertaking, in respect of any lands 
 under a contract with any person having only a partial 
 or qualified interest, must be paid into the bank or to 
 trustees in manner before mentioned ; but it is in the dis- 
 cretion of the Court or the trustees to allot to any person 
 having only a partial or qualified interest, for his own use, 
 a portion of the sum so paid into the bank or to such 
 trustees, as compensation for any injury which he may be 
 
 • 8 Yiot. c. 18, sect. 69. 2 ggot. 70. ^ gggt^ -ji 
 
JPRISDICTION UNDER LANDS' CLAUSES ACT. 115 
 
 considered to sustain, independently of the actual value of 
 the land talien, or of the damage of severance.' 
 
 6. Where any purchase-money or compensation is paid 
 into the bank in respect of any leasehold or other partial 
 interest, or in respect of any reversion, the Court, on the 
 petition of any party interested in such money, may order 
 
 . the same to be invested in such manner as the Court may- 
 consider will give to the parties interested in such money 
 the same benefit as they might have had from the lease- 
 hold or other partiaf interest or reversion in respect of 
 which such money shall have been paid.^ 
 
 7. If the owner of the lands or interest purchased or/ 
 taken, on tender of the purchase-money or compensation, 
 refuse to accept the same, or neglect or fail to make out a 
 title, or refuse to convey such lands, or be absent from the 
 kingdom, or cannot be found, or fail to appear on the 
 inquiry before a jury, the promoters of the undertaking 
 may deposit the purchase-money or compensation in the 
 bank in the name and with the privity of the Accountant- 
 General of the Court, to be placed to his account there to 
 the credit of the parties interested in such lands, subject to 
 the control and disposition of the Court ; ^ and upon any 
 such deposit of money the cashier of the bank shall give 
 to the promoters of the undertaking, or to the party paying 
 in such money by their direction, a receipt for such money, 
 specifying therein for what and for whose use the same 
 shall have been received, and in respect of what purchase 
 the same shall have been paid in.* 
 
 8. Upon the application by petition of any party making 
 claim to the money so deposited, the Court may, in a 
 summary way, order such money to be invested in the 
 public funds, or may order distribution of the same, or 
 
 1 Sect. 73. ' Sect. 76. 
 
 2 Sect. 74. ■• Sect. 77. 
 
 1 2 
 
116 JURISDICTION UNDER LANDS* CLAUSES ACT. 
 
 payment of the dividends thereof according to the respective 
 interests of the parties making claim to such money.' 
 
 9. If any question of title arise, the parties in possession 
 of the lands shall be considered to have been the true 
 owners until the contrary be shown, and be deemed entitled 
 to the money so deposited, and to the dividends or interest 
 of the annuities or securities purchased therewith, and the 
 same shall be paid and applied accordingly.'* 
 
 10. In all cases of monies deposited in the bank, except 
 where such monies are so deposited by reason of any wilful 
 refusal or neglect, the Court may order the costs of the 
 following matters, including therein all reasonable charges 
 and expenses incident thereto, to be paid by the promoters 
 of the undertaking (that is to say), the costs of the purchase 
 or taking of the lands, or which shall have been incurred 
 in consequence thereof, and the costs of the investment of 
 such monies in Government or real securities, and of the 
 reinvestment thereof in the purchase of other lands, and 
 also the costs of obtaining the proper orders for any of 
 such purposes, and of the orders for the payment of the 
 dividends and interest of the securities whereon the same 
 shall be invested, and of aU proceedings relating thereto, 
 except such as are occasioned by litigation between adverse 
 claimants ; but the costs of one application only, for rein- 
 vestment in land, shall be allowed, unless it shall appear 
 to the Court that it is for the benefit of the parties inte- 
 rested in the monies that the same should be invested in 
 the purchase of lands in different sums and at different 
 times, in which case the Court may order the costs of 
 any such investments to be paid by the promoters of the 
 undertaking.^ 
 
 11. If the promoters of the undertaking shall be desirous 
 
 > Sect. 78. 5 Sect. 79. •'' Sect. 80. 
 
JUEISDICTION UNDER LANDS' CLAUSES ACT. 117 
 
 of using any lands before an agreement has been come to, 
 or an award made, or verdict given, they may deposit 
 in the bank by vray of security, as presently mentioned, 
 either the amount of purchase-money or compensation 
 claimed, or such a sum as shall be named by a sur- 
 veyor appointed by two justices, and in such case a 
 bond must also be given by the promoters, conditioned 
 for payment of the purchase-money or compensation with 
 interest.' 
 
 12. The money so to be deposited by way of secm-ity 
 must be paid into the bank in the name and with the 
 privity of the Accountant- General of the Court, to be 
 placed to his account there to the credit of the parties inte- 
 rested,*^ and the money so deposited is to remain in the 
 bank by way of security to the parties whose lands shall so 
 have been entered upon for the performance of the condi- 
 tions of the bond, to be given by the promoters of the 
 undertaking ; and the same may, on the application by 
 petition of the promoters of the undertaking, be ordered 
 to be invested in Bank annuities or Government securities 
 and accumulated ; and upon the condition of such bond 
 being fully performed, the Court may, upon a like applica- 
 tion, order the money so deposited, or the funds in which 
 the same shall have been invested, together with the accu- 
 mulations thereof, to be repaid or transferred to the pro- 
 moters of the undertaking ; or if such condition shall not be 
 fully performed, the Court may order the same to be 
 applied in such manner as it shall think fit, for the benefit 
 of the parties for whose security the same shall so have been 
 deposited.' 
 
 13. The petition should be intituled "In the matter of 
 the will or settlement of A. B.," and of the Lands' Clauses . 
 
 1 Sect. 85. ^ Sect. 86. ^ gect. 87. 
 
118 JURISDICTION UNDER LANDS* CLAUSES ACT. 
 
 Consolidation Act, 1845, and the Company's Act by its 
 short title.* 
 
 14. The sections of the Act conferring a jurisdiction on 
 the Court in the particular case should not be set out in 
 the petition, but should be simply referred to.'' 
 
 15. A petition by a tenant for life for the reinvestment 
 of purchase-money of settled hereditaments need not be 
 served upon any of the parties entitled in remainder under 
 the settlement.^ 
 
 16. In cases of the reinvestment of monies in land, the 
 deeds must be settled by the conveyancing counsel.* 
 
 17. The Court has no power to apportion the purchase- 
 money in case of dispute between persons having different 
 interests in the lands, such as, for instance, between lessor 
 and lessee, and who have sold the lands for an aggregate 
 price.^ 
 
 18. Where compensation money was paid into court 
 by a railway company, on an agreement with tenant for 
 life for purchase of the fee simple, but on investigating the 
 title, part of the land was found to be copyhold, with a 
 defective title as to an undivided moiety, the Court 
 ordered an apportionment of the money, so as to carry 
 over the amount representing the price of that part of the 
 land to which a good title was made, and the dividends to 
 be paid to the tenant for life, but the capital, not to be 
 paid out without notice to the company.^ 
 
 19. Where the company are in possession of the land, 
 the tenant for life will be entitled to have the dividends at 
 
 ' Setori, '663. tlieir costs should come out of the fund. 
 
 "^ Bxpwrte Oshaldistou, 8 Hare, 31. * Blaxland o. Blaxland, 9 Hare, 
 
 3 Ex pa/rte Staples, 1 De G. M. & G. App. 68. 
 
 294 ; Re Browne, 6 Railway C. 733, « Exparte Ward, 2 De 6. & S. 4 ; s. c. 
 
 LL. J. ; see, however, iJe Legge's Estate, 12 Jur. 322 ; 17 Law J. (Ch.) 249 ; 10 
 
 8 W. K. 659, where V. G. Stuart held Law T. 479 ; 6 R. C. 398. 
 
 that it was proper that remaindermen « Re Perks' Estate, 1 Sm. & G. 545 • 
 
 should he served and appear, and that s. c. 7 R. C. 605. 
 
JURISDICTION UNDER LANDS' CLAUSES ACT. 119 
 
 the same time, though the conveyance has not been 
 executed.'' 
 
 20. This Act must be construed strictly against the 
 company, and with reference to the right which they have 
 obtained to interfere compulsorily with the private pro- 
 perty of individuals. Therefore, though it would be a 
 " wilful refusal " if without any reason the vendor refuses 
 to accept the purchase-money, or if his objection be merely 
 capricious, yet where there is a fair objection, a party is 
 not to be treated as having wUfuUy refused because the 
 reason for his refusal happens afterwards to turn out 
 untenable.^ 
 
 21. I'he legislature meant, by the words "wilful 
 refusal," a refusal arising from an exercise of mere will or 
 caprice, and not from an exercise of reason. Therefore, 
 where the petitioner's objections to an award had been 
 argued at great length, and the Judges of the Court of 
 Queen's Bench had taken time to deliberate before they 
 pronounced judgment upon them, it was held, they could 
 not have been captious or ^insubstantial objections ; and 
 therefore the refusal of the petitioner to accept the money 
 when the company tendered it to him was not a wilful 
 refusal.' , 
 
 22. Certain commissioners gave notice under their Act 
 that they would require a particular piece of land. The 
 owner took counsel's opinion as to the right of the com- 
 missioners. The opinion was, that the question was 
 doubtful, and that a Court of law would probably decide 
 against the right ; the owner thereupon refused to give up 
 the land. The purchase-money was then paid into court, 
 
 1 Be Hungerford, 1 K. & J. 413. ^ i.'^ pa/rU Bradshaw, 16 Sim. 174 ; 
 
 2 Per Ld. Langdale, M. B. In re. The s. c, 5 R. C. 432 ; 17 Law J. (Ch.) 454 ; 
 Windsor, Staines, & South Western 12 Jur. 888. 
 
 Railway Act, 12 Beav. 522. 
 
120 JDRISDICTlON UNDER LANDs' CLAUSES ACT. 
 
 but subsequently the owner of the land executed the 
 conveyance. It was held that this was not such a case of 
 ■" wilful refusal " as that the owner of the land could be 
 required to pay the costs occasioned by the refusal.^ 
 
 23. Where a company makes a tender of payment of 
 purchase-money, they should give distinct notice that they 
 do so for the purpose of justifying their paying the 
 purchase-money into court, and to relieve them fi-om 
 further costs.** 
 
 24. An investment on mortgage will not be sanctioned 
 unless it is shown that there is no prior charge or incum- 
 brance, or unless, if there be any, it is to be paid off on 
 the proposed mortgage being made,^ and an investment in 
 the purchase of an equity of redemption will not be 
 allowed.* 
 
 25. Where an estate is directed to be sold, and the pro- 
 ceeds to be distributed, the persons entitled to receive the 
 proceeds may petition for the payment out of money paid 
 into court under this Act as purchase-money for part of 
 the estate.^ 
 
 26. A transfer from one account in court to another, or 
 to the credit of a cause, is payment out of court within 
 the meaning of the Act, and the costs oi, a petition to 
 effect such transfer must be paid by the company.® 
 
 27. Where one of several persons entitled petitions 
 under the Act, and serves the other persons, it is not of 
 course that the company should pay the costs of such 
 respondents.'' 
 
 ' iJe Commissioners of Byde,£a!^arte 215 ; s. u. 11 Law T. 1, T. C. of Eng- 
 
 Dashwood, 26 Law J. (Cli.) 299 ; s. c. land. 
 
 3 Jut. (N. S.) 103 ; 28 Law T. 187 ; 5 » MeUing v. Bird, 17 Jur. 155 ; s. c. 
 
 "W. R. 125, v. C. E. 22 Law J. (Ch.) 699 ; 1 W. R. 219 ; 20 
 
 2 Per Ld. Langdale, M. E. 12 Beav. Law T. 303,, V. C. K. 
 
 524. ^ Ibid. Dinning v. Henderson, 2 De 
 
 3 Seton, 660. G. & S. 485. 
 ^ Bx parte Craven, 17 Law J. (Ch.) ' Ibid. 
 
JURISDICTION UNDER LANDS* CLAUSES ACT. ISl 
 
 28. A railway company agreed to pay a landowner, 
 tenant for life, a sum of money for the benefit of himself 
 or other the owner for the time being, for indemnifying 
 him for the expenses of making a new road, &c., and as a 
 tjompensation for the annoyance which he or such other 
 owner might sustain in consequence of the construction of 
 the railway, and the company agreed to pay a further sum 
 as the price of the land taken. Both sums were paid into 
 court. The application of the tenant for life for the 
 absolute payment to'him of the first sum was refused, but 
 an inquiry was directed as to what part of the money paid 
 into court by the railway company should be allotted 
 to the tenant for life as compensation for any injury, 
 inconvenience, or annoyance sustained by him, apart from 
 the actual value of the land, and the damage of severance. 
 The cost of the road, &c., was directed to be paid out of 
 the first sum, and the rest to be invested.^ 
 
 29. Where a railway company has paid money into 
 court, and the person whose lands were taken wishes to 
 reinvest the money, the company cannot be called on to 
 pay such costs as by a voluntary agreement on the part of 
 the person so investing were to be paid by him.'^ 
 
 30. Upon the purchase of a piece of land by a railway 
 company belonging to the rectory of Bredicot for 200/., a 
 new purchase was found for 179/. 10s. The petition 
 asked that the surplus 20/. 10s. might be paid to the 
 rector in liquidation of extra costs beyond those allowed 
 by the Act ; but this part of the prayer was refused.^ 
 
 31. Where it was probable that after payment of a sum 
 out of court which had been paid in by a railway 
 
 1 Be the Duke of Marlborough's Eq. Rep. 327 ; s. c. 22 Law T. 344, 
 
 Estates, 13 Jur. 738, V. 0. of England ; V. C. K. 
 
 s c on App , 15 Law T. 341, Lords 3 ^jj^d^^ Eector of Bredicot, 17 Law 
 
 Com'^^ J. (Oh) 414 ; s. c. 6 R. C. 209, V. C. 
 
 3 Mx pwrte Incumbent of Alsager, 2 of England. 
 
122 JURISDICTION UNDER LANDs' CLAUSES ACT. 
 
 company, the balance left would be less than 20/., 
 the Court ordered such balance to be paid to the tenant 
 for life.^ 
 
 32. A company paid money into court for the pur- 
 chase of land which was subject to an annuity; no con- 
 veyance had been made. The Court, on petition of the 
 owner of the land, ordered the dividends to be paid to the 
 annuitant.* 
 
 33. Where a railway company purchased land belonging 
 to a corporation, subject to beneficial leases thereof (with 
 other lands) for terms of three lives and for 99 years, 
 and the sums of money to be paid by the railway company 
 for the purchase of the interest of the corporation, subject 
 to the leases, were awarded upon the principle that the 
 lessees were to continue to pay to the corporation the 
 whole rents reserved by the leases during the continuance 
 thereof; it was held that the dividends to accrue from 
 time to time upon the investment of the purchase and 
 compensation monies ought not to be accumulated during 
 the leases, but ought to be paid, as they accrued, to the 
 corporation.^ 
 
 34. A burial board, duly constituted under the 15 & 16 
 Vict. c. 85, and the 16 & 17 Vict. c. 134, agreed to 
 purchase parish lands on the terms of paying an annual 
 sum, the principal to be secured either on the land, or as 
 a charge on the church-rate or poor-rate. On petition to 
 carry out the agreement, it was held that the money must 
 be paid into court in a gross sum, the dividends to be 
 paid to the vendors until invested in land, and the costs 
 to be paid by the burial board.* 
 
 ■ Be Lord Egremont, 12 Jur. 618, Company, Bx parte Besca and Chapter 
 
 V. C. of England. of Westminster, 26 Beav. 214 ; s. c. 6 
 
 ' Ex parU Cofield, 11 Jur. 1071 ; Jiir. (N. S.) 232 ; 7 W. R. 81 ; 32 Law 
 
 s. c. 9 Law T. 410, V. C. K. B. T. 115. 
 
 ' Be Hampstead Junction Railway * ite Barrow, 3 W. R. 635, V. C. K. 
 
JURISDICTION UNDER LANDs' CLAUSES ACT. 123 
 
 35. The purchase-money of an entailed estate must be 
 dealt with in the same manner as the estate, and the 
 tenant for life and tenant in tail cannot obtain payment of 
 it out of court without executing a disentailing deed.' 
 
 36. Where, however, the sum was under 200^., on a 
 petition by the tenant in tail, such sum was ordered to be 
 paid out to him without a disentailing deed.*^ And in 
 another case, a share of the purchase-money of an entailed 
 estate taken by a railway company was paid out to the 
 husband of a marned woman, upon her consent, with- 
 out a disentailing deed as to the particular share being 
 required.^ 
 
 87. The company are bound to bear the costs of a dis- 
 entailing assurance for barring the entail in money paid 
 into court under this Act.* 
 
 38. The Court will not allow a railway company to 
 retain any option after the order for investment, as to the 
 fund in which, or the time when, the monies are to be 
 invested.® 
 
 39. Where a rector, seised in right of his benefice of 
 certain houses taken by a railway company under the 
 powers of their Act, applied by petition for the investment 
 of a sum of money which had been paid by the company 
 for compensation and for the reversion, and thereby prayed 
 for payment of the dividends to the petitioner and his suc- 
 cessors ; but it appeared that the houses in question were 
 subject to leases, of which about thirty years were unex- 
 pired, at a nominal rent; the Court refused to make the 
 
 1 Se Great S. & W. Railway, 9 Ir. the South Devon Railway Company, 2 
 Eq. Rep. 482. Giff. 31 ; s. c. 29 Law J. (Ch.) 151 ; 6 
 
 2 Sowry V. Sowry, 2 Law T. (N. S) Jur. (K S.) 441 ; 2 Law T. (N. S.) 
 79 ; s. 0. 8 W. R. 339 ; 6 Jur. (N. S.) 204, overraling &s parte Thoroton, 12 
 337, v. 0. S. Jur. 130 ; s. o. 17 Law J. (Ch.) 167, V. 
 
 5 Se Tyler's Estate, 8 W. R. 540, V. 0. K. B. 
 C. W. ' .SteiJorfe Newport, &c. Railway, 11 
 
 ■• Se the Devisees of Brooking, and Jur. 160, V. C. of England. 
 
224 JURISDICTION UNDER LANDS' CLAUSES ACT. 
 
 order as prayed, but directed the investment and accumu- 
 lation of the dividends, with liberty to apply.' 
 
 40. A testator devises real estate subject to a lease for a 
 term of years, at 25/. lOs. rent, to A. for life, remainder 
 to B. A railway company purchases the interest of A. 
 and B., subject to the lease, for 1700/., which is invested. 
 The lease was granted at the above rent (less than a rack- 
 rent) in consideration of a covenant to expend the sum of 
 600/. on the estate during twenty years. It was held that 
 the tenant for Ufe was entitled to the whole of the divi- 
 dends of the purchase-money.'' 
 
 41. A bishop, lessor of lands of his see, is not entitled 
 to any portion of the purchase-money and compensation 
 for damage and severance paid into court in respect of 
 lands comprised in the demise, or to the dividends of such 
 money when invested, on the ground of the diminution of 
 the fine which would be payable, until the lease should 
 become renewable.^ 
 
 42. A railway company took lands settled to uses, and 
 paid the purchase- money into court. Certain houses 
 which were settled to the same uses were condemned by 
 the commissioners acting under the Metropolitan Buildings 
 Act, and the houses were rebuilt by the tenant for life, 
 more money being expended than the money paid in by 
 the company. A petition was presented by the tenant for 
 life for payment of the money paid in, in part payment of 
 the expenses of rebuilding. It was held that the case 
 came within the spirit of the Act,* and the Lords Justices 
 made the order.^ 
 
 ' Ex parte Rector of Lambeth, 4 E. ' Sect. 69. 
 
 C. 231, L. C. 'He Davis' Estate and the Ciystal 
 
 " ife Steward, 1 Drew. 636; s. c. 1 Palace and West End Railway Company, 
 
 W. R. 489. 3 De G. & J. 144 ; s. c. 27 Law J. 
 
 " ExparU the Bishop of Winchester, (Ch.) 712 ; 4 Jur. (N. S.) 1029 ; 31 Law 
 
 10 Hare, 137 ; .-5. i^. 16 Jur. 649. T. 339. The costs of such an invest- 
 
JURISDICTION UNDER LANDs' CLAUSES ACT. 125 
 
 43. To a similar purport is an unreported case which 
 occurred before Lord Eldon. In the case referred to, 
 where, on the occasion of the construction of the New 
 Kent Road, the vicarage house of Camberwell had been 
 cut through, leaving only half of the vicar's kitchen 
 standing, and that part even exposed. Lord Eldon, though 
 expressing considerable doubt in the matter, directed that 
 part of the money paid into court, and which, under the 
 special Act, was directed to be laid out to similar uses as 
 those to which the land taken was liable, should be applied 
 in the restoration of the damage done to the vicarage.^ 
 
 44. A smaU sum of money in court, under a Railway 
 Act, to be laid out in lands to be settled " to the like 
 uses," was ordered to be applied in new erections,'^ and a 
 sum of money was allowed to be laid out in rebuilding a 
 farm-house.' 
 
 45. An enfranchisement of copyholds is such a purchase 
 of other hereditaments as may fairly come within the 
 words of the Act, and the costs of such an investment will 
 be directed to be paid by the company,* and a reinvest- 
 ment in the purchase of copyholds of inheritance will be 
 allowed under special circumstances.* 
 
 46. Where a sum of money had been paid into court 
 in respect of some leasehold houses, the same was ordered, 
 though with some hesitation, to be invested in copyhold 
 lands of inheritance.® 
 
 ment must he paid by the Company. '' Dixon v. Jackson, 26 Law J. (Ch.) 
 
 Me parte Thomer's Charity, 12 Law T. 588, V. C. K. See also Se Cheshunt 
 
 266, V. 0. of England. College, 1 Jur. (N. S.) 996 ; s. c. 3 W. 
 
 1 Anon, cited 3 De G. & J. 147. E. 638, V. C. W. 
 
 2 Ex parte Shaw, 4 Y. & C. Ex. 506. » Re Browne, 6 R. C. 733, LL. J. 
 Sed vid. Re Budyerd's Estate, 6 Jur. Be Cann's Estate, 19 Law J. (Ch.) 
 as S.) 816 ; s. c. 3 LawT. (N. S.) 232, 376 ; s. c. 15 Jur. 3, 15 Law T. 520, 
 V. C. S. V. C. K. B. 
 
 3 Re Wigan Glebe Act, 3 W. R. 41, ^ Re Coyte's Estate, 1 Sim. (N. S.) 
 V. C. K. Sed. vid. contra Ex parte, Freer, 202. 
 
 11 Law T. 471, V. C. of England. 
 
136 JURISDICTION UNDER LANDS' CLAUSES ACT. 
 
 47. Leasehold interests are substantially incumbrances 
 on the inheritance under the provisions of the Act.' 
 
 48. Where monies are paid into court by two or more 
 companies, an order for payment out of the same may be 
 obtained on one petition, and the costs wUl be apportioned 
 between the companies in proportion to their respective 
 purchase-monies.*^ 
 
 49. In a case where various sums had been paid into 
 court in respect of lands purchased of a bishop by railway 
 and other companies, and an order was made on a petition 
 presented by the bishop, sanctioning the reinvestment of 
 the monies so paid into court in the purchase of a lease- 
 hold interest which had be.en granted of lands belonging to 
 the see, it was held that the costs of the reinvestment 
 must be borne by the companies, and paid by them 
 equally and not rateably. The costs, however, of obtain- 
 ing the sanction of the Church Estates Commissioners 
 were not allowed to the petitioner.' 
 
 50. The costs of incumbrancers and of a receiver who 
 were served with a petition and appeared, were ordered to 
 be paid by the company,* and the expenses incurred in 
 serving mortgagees must also be borne by the company.' 
 
 51. The costs of an inquiry into the expediency of a con- 
 tract entered into with a company by the committees of a 
 lunatic on his behalf will be directed to be paid by the 
 company.® 
 
 ' Sect. 69. Ex parte Corporation of * Be Nash, 25 Law J. (Cli.) 20 ; s. v;. 
 
 Sheffield, 21 Beav. 162; s. o. 2 Jur. 1 Jur. (N. S.) 1082, V. C. S. As to 
 
 (N. S.) 31; 26 Law J. (Ch.) S87 ; 26 costs of legatees being payable by the 
 
 Law T. 146. petitioners, see Re Turner's Estate, 2 
 
 » Ex parte Corporation of Sheffield, W. R. U\, V. C. K. 
 
 vM supra. ' Ex parte Peyton, 2 Jur. (N. S.) 
 
 ' Ex parte the Bishop of London, 8 1013, V. C. S. 
 
 W. E. 465, 714 ; s. c. 29 Law J. (Ch.) « Se Taylor, 1 M. & G. 210 ; s. o. 1 
 
 575 ; 6 Jur. (S. S.) 640 ; 2 Law T. (N. H. & T. 432 ; 6 R. C. 741. 
 S.)366; 3 Ibid. 224, LL. J. 
 
JURISDICTION UNDER LANDS* CLAUSES ACT. 127 
 
 52. In the case of a sale to a company of land of a 
 lunatic by his committees on his behalf, the Lord Chan- 
 cellor observed, that it would be necessary to keep the 
 company before the Court with a view to any future 
 investment of the money that might be required, and his 
 Lordship therefore ordered that the purchase money should 
 be invested in Consols to be carried to the joint account 
 of the committee of the estate of the lunatic and the 
 railway company.^ 
 
 .53. Where a railway company took some of the land of 
 one Cross, who was then, and continued until the time of his 
 death, in a state of mental imbecility, but without having 
 been the subject of a commission, of lunacy, on a petition 
 by the executrixes of Cross, the purchase-money paid into 
 court by the company was directed to be paid out to 
 them as personal estate. The Court held that the money 
 must be treated as being paid in by a party seised in fee, 
 and competent to sell. The costs which the company were 
 liable to were directed to be paid by them, and the extra 
 costs out of the fund.^ 
 
 54. Where imnecessary parties are served with the 
 petition, the costs of such service must be paid by the 
 petitioner.^ 
 
 55. The brokerage charged by the Accountant-General 
 for the investment in stock of the sum paid into court 
 should not be deducted from the amount but should be 
 paid by the petitioner, and he will be allowed such sum as 
 part of his costs against the company.* 
 
 56. A petition for investment of a sum in court need 
 
 1 Re Taylor, ubi supra. (Ch.) 915 ; 1 Eq. Rep. 163. lU Bucks 
 
 2 ^a!i«wteElamank, ISim. (N.|S.)260. Railway,, 14 Jur. 1065, V. C. Rolfe. Ex 
 » Ex parte Hordem, 2 De G. & S. parte Corporation of Trinity House, 3 
 
 263 • o. c. 12 Jur. 846. Hare, 95. Ex pa/rte Harborough, 17 
 
 < Re Braithwaite's Trust, 1 Sm. & G. Jur. 1045 ; s. c. 22 Law T, 115 ; 23 Law 
 App. 15 ; s. c. 17 Jur. 753 ; 22 Law J. J. (Ch.) 260, V. C. K. 
 
128 JURISDICTION UNDER LANDs' CLAUSES ACT. 
 
 not be served on any person having a charge on the estate 
 in respect of which the fund has arisen, and if he appear 
 his costs will not be allowed.^ 
 
 67. The company cannot be charged with the costs of 
 an unsuccessful attempt to have the money paid into court 
 reinvested in land.'^ 
 
 58. The usual and correct form of order directs the 
 company which has taken the land to pay the costs, with 
 an express exception of " such costs (if any) as are occa- 
 sioned by litigation between adverse claimants." This 
 usual form ought not to be departed from without suffi- 
 cient reason. The words "such as are occasioned by 
 litigation " refer to " costs," not " proceedings." ^ 
 
 59. A claim for apportionment raised by the repre- 
 sentatives of the tenant for life will be litigation between 
 adverse parties, the costs of which the company are not 
 bound to pay.* 
 
 60. The Court has no power to order payment of the 
 costs of deducing and verifying the title and of the con- 
 veyance of lands to a railway company.® 
 
 61. The Court will allow all costs, charges, and expenses 
 according to the Act of as many investments as are rea- 
 sonably necessary to consume the whole purchase-money of 
 land taken by a company.^ What the Act contemplates, 
 is not one application in reSpect of several reinvestments, 
 but several applications with reference to the same rein- 
 vestment.'' 
 
 1 iJe "Webster, 2 Sm. & G. App. 6. ■• Ee Longwoth's Estate, 1 K. & J. 1 ; 
 
 Sed md. Seton, 664. s. c. 2 Eq. Rep. 776. 
 
 " Re Hungerford, 1 K. &' J. 413. Bx « Under ss. 82 & 83, Be Wilts, &c. 
 
 parte Copley, 4 Jijr. (N. S.) 297, M. R. Railway Company, Fx parte Marquis 
 
 Sed vid. contra, Be WooUey's Estate, of Bath, 4 R. C. 667, V. C. of England. 
 
 17 Jur. 850 ; s. c. 1 W. R. 407, 465 ; « Bx parte Bouverie, 4 R. C. 229, V. 
 
 21 Law T. 149 ; 1 Eq. Rep. 160. C. of England. Be Eton College, 1 Law 
 
 3 Be Cant's Estate, 8 W. R. 10$ ; u. T. (N. S.) 91, V. C. W. 
 
 c. 1 Law T. (N. S. ) 254 ; 29 Law" J. (Ch. ) ^ Be the Trusteesof St. Bartholomew's 
 
 119; 6 Jur. (N. S.) 183, LL. J. Hospital, 4 Drew. 425 ; s . c. 7 W. R. 224. 
 
JURISDICTION UNDER LANDS' CLAUSES ACT. 129 
 
 62. The costs of preparing and verifying the execution 
 of a power of attorney from parties residing in Jersey, to 
 draw out of Court purchase money lodged in Court under 
 the provisions of a Railway Act, are chargeable against the 
 company as costs incident to the drawing out of the 
 money.' 
 
 63. The company are not liable for the costs incurred 
 by the application of the purchase money in paying off an 
 incumbrance upon the land,*" or upon other parts of the 
 estate, or other lands of the owner.^ 
 
 64. Where a railway company has paid the estimated 
 value of a piece of land into Court, and afterwards con- 
 cludes the purchase by contract, the Court will order the 
 payment out to the company of the sum deposited, without 
 service on the vendor, on production of an affidavit that his 
 costs, according to the Act, have been discharged.* 
 
 65. One part of an estate was subject to a mortgage, 
 the other part was taken by a railway company under their 
 Act, and the purchase money paid into Court. On peti- 
 tion for the payment off of the mortgage out of the money 
 in Court, it was held that the company were not bound to 
 pay the mortgagee's costs of being served with the petition 
 or of his appearance thereto.* 
 
 66. Where infants and married women are interested 
 in lands the subject of an administration suit, the com- 
 pany must pay the costs of the petition for an inquiry 
 as to the best course to be pursued and of the proceed- 
 ings thereon.^ 
 
 • Re Godley, 10 Ir. Eq. Eep. 222. Trastees, 8 W. R. 602, V. C. S. 
 
 2 Ex parte Earl Hardwicke, Jfe E. C. 4 ^^ parte Eastern Counties Railway 
 EaUway, 17 Law J. (Ch.) 422 ; s. c. 12 Company, 5 E. C. 210, V. C. of England. 
 Jur. 508, V. C. of England. 6 Be.YeaXes, and Be Lancaster, &o., 
 
 3 Re the Mancliester, &c., Eailway Railway, 12 Jur. 279; s. c. 5 R. C. 370, 
 Company, Ex pa/rte Corporation of V. C. of England. 
 
 ShefSeld, 21 Beav. 162 ; s. c. 2 Jur. (IS. « Picard v. Mitchell, 12 Beav. 486. 
 S.) 31 ; Ex pwrU the Sheflaeld Town 
 
130 JURISDICTION UNDER LANDs' CLAUSES ACT. 
 
 67. Where a person sells land to a railway company and 
 dies before he has executed the conveyance, leaving an infant 
 heir, or having devised the lands in strict settlement, the 
 costs of proceedings for obtaining a vesting order or con- 
 veyance must be paid out of the purchase money.' 
 
 68. When the purchase money of lands taken by a 
 railway comrpany is invested in othjer lands . sold in a 
 suit, a second petition intituled in the cause becomes 
 necessary, and the company must bear the expense of both 
 petitions.'^ 
 
 69. The company must pay the petitioner's costs of a 
 petition for payment out of a fund invested, pending a 
 question between adverse claimants, but not the costs of 
 the adverse claimants who failed.^ 
 
 70. Where the money was paid into Court by reason of 
 the landowner's wilful refusal to convey, and he prayed 
 costs against the company, his petition was dismissed with 
 costs.* 
 
 71. Where the investment was for the sole benefit of 
 the see of Salisbury, and the payment of the dividends to 
 be made to the succeeding bishops for the time being as 
 well as to the present bishop, the Court directed the costs 
 to be paid out of the fund.^ 
 
 73. A railway company having taken copyhold lands 
 and paid the purchase money into Court, an order was 
 made for reinvestment of the money upon other copyholds, 
 and for payment by the company of the costs, charges, and 
 expenses incurred, of or relating to the purchase, and the 
 
 ' M. C. Railway v. Westcomb, 11 64, V. C. "W. 
 
 Sim. 67 ; s. c. 2 E. G. 211 ; 9 Law J. » Expwrte Palmer, 13 Jur. 781, V. C. 
 
 (Ch., N. S.) 324; M. C. Railway v. of England. 
 
 Caldooott, 2 E. C. 394, V. 0. of Eng- < Ex parU Hyde, V. C. K. B., 27th 
 
 land; E. C. Railway v. Tufhell, 3 R. March, 1851, cited, Seton, 667. 
 
 C. 133, V. C. Wigram. s Re the Bishop of Salishuiy, 16 Law 
 
 2 Carpmael v. Profitt, 17 Jur. 875 ; T. 122, V. C. Rolfe. 
 s. c. 23 Law J. (Ch.) 165 ; 22 Law T. 
 
JURISDICTION UNDER LANDS' CLAUSES ACT. 131 
 
 costs of the conveyances and of the application for re-in- 
 vestment and consequent thereon; but it was held that 
 the company was not liable to pay the fine upon the 
 admission to the copyholds.^ 
 
 73. A jury summoned under the provisions of this Act 
 assessed some damages due to certain schools at £200. 
 This sum, which was paid into Court, was on petition 
 ordered to be applied towards the improvement of the 
 schools.*^ 
 
 74. Where a tenant for life of settled estates, part of 
 which had been purchased in 1847 by a railway company, 
 and which estates were subject to several incumbrances 
 created previously and subsequently to the date of such 
 purchase, presented a petition to have the purchase money 
 which had been paid into Court invested in land, the 
 Court held that the costs of the reinvestment, and the 
 expenses incurred in serving the mortgages, must be borne 
 by the railway company.^ 
 
 75. A. was tenant of a copyhold in trust for B. ; 
 A. died leaving an infant heir ; B. sold a part of the 
 property to a railway company. It was held that the 
 company were not * liable to pay the costs of proceedings 
 under the Trustee Act to obtain a conveyance from the 
 infant.^ 
 
 76. A railway company agreed with trustees for the 
 purchase of land. The trustees' title depended on the 
 construction of a vdll, and the company objected thereto 
 and paid the purchase money into Court. The question 
 of construction having been argued by the parties inter- 
 
 ' Be Eastern Counties Railway Com- ' Se tlie Eastern Counties Railway 
 
 pany, Ex parte the Vicar of Sawston, 27 Company, Ex parte Peyton's Settlement, 
 
 Law J. (Ch. ) 755 ; s. c. 4 Jur. (K S. ) 473 ; 2 Jur. (N. S. ) 1013, V. C. S. 
 
 6 W. R. 492 ; 31 Law T. 129, V. C. K. * Under the 82nd sect. 
 
 2 Me Chelsea Waterworks Company, ^ Be the South Wales Railway Corn- 
 ea; parte Minister, &c., of Eulham, 28 pany, 14 Beav. 418. 
 Law T. 173, V. C. W. 
 
 k2 
 
132 JUEISDICTION UNDER LANDs' CLAUSES ACT. 
 
 ested, on a petition for investment and payment of the 
 dividends, it was held that the company was bound to pay 
 only one set of eosts.^ 
 
 77. Where a vendor is unable to convey a clear title by 
 reason of his not having paid off incumbrances of a larger 
 amount than the land proposed to be taken, that is not a 
 wilful refusal or neglect to convey within the meaning of 
 the Act so as to deprive him of his costs.* 
 
 78. A company had paid into Court the sum assessed 
 by a jury and executed a deed poll, it was held that the 
 Court has no jurisdiction to make any order as to interest 
 on the purchase money .^ 
 
 79. The application of the purchase money of land taken 
 by a railway company to the redemption of land tax, is a 
 reinvestment within the Act, and the costs of it are 
 chargeable on the company.* 
 
 80. Where the land sold forms part of a charity estate, 
 a petition for investment or payment out of Court of the 
 purchase money must receive the sanction of the Charity 
 Commissioners' certificate, and be intituled in the matter 
 of the statute 52 Geo. 3., c. 101, and have the fiat of 
 the Attorney-General, and be signed by two individual 
 petitioners, and not by a corporation and an individual.^ 
 
 81. Money paid for the compulsory purchase of one 
 part of the lands of a municipal corporation may be applied 
 in the redemption of an incumbrance upon another part 
 of the lands of the same corporation.^ 
 
 1 Re. Mid Kent Eailway Act, 1856, 2Sm. &G. 466 ; s. c. 24LawJ.(Ch.)175. 
 Ex parte Styan, John. 387. ' iJe London, Brighton, &c., Railway 
 
 2 Se Divers, 1 Jur. (N. S.) 995, V. Company, vM supra; Re the Chelsea 
 C. W. Waterworks Act and Skeat's Charity, 
 
 2 Ihid. 26 Law J. (Ch.) 49 ; s. c. 1 Jur. (IS. S.) 
 
 * Re London, Brighton, &o. , Railway 1037 ; 26 Law T. 67, V. C. K. 
 
 Company, 18 Beav. 608 ; s. c. 23 Law * Ex pg,rte the Corporation of Cam- 
 
 t. 216. See also Ex pa/rte Korthwick, bridge, 6 Hare, 30 ; s.c. 12 Jur. 450 ; 5 
 
 1 y. & Coll. Ex. 166 ; Ex parU Beddoes, E.. C. 204. 
 
JURISDICTION "UNDER LAKDs' CLAUSES ACT. 133 
 
 82. Under an Inclosure Act some lands were allotted to 
 a rector, who had a power of selling to pay the expenses. 
 Under a Railway Act compensation was made in respect 
 of other lands of the rectory, and paid into Court. The 
 Court sanctioned the application of the money in Court to 
 the payment of the expenses of the inclosure.' 
 
 83. The Court will sanction the investment of the pur- 
 chase money of leaseholds in the purchiase of a reversion in 
 fee of other leaseholds.'' 
 
 84. A tenant for life was allowed to receive a sum of 
 £220, paid into Court in respect of a portion of the estate 
 purchased by a railway companyj upon her undertaking to 
 apply the money towards payment of the expense of 
 building certain cottages upon the estate, and to make up 
 the deficiency herself.^ 
 
 85. Where expenses had been inctirred by a tenant for 
 life under a will in reinstating structures on a portion of 
 the devised property, in conformity with the requirements 
 of the Metropolitan Buildings Act, which authorises the 
 Commissioners to sell the structures if the owner refuses or 
 neglects to pay the expenses of reinstatement, it was held 
 that the expenses constituted a charge on the property, 
 and that their repayment was a proper application of the 
 proceeds of other lands devised to the same uses and 
 taken under the Act.* . 
 
 86. A party entitled to an aliquot share of purchase 
 money paid into Court by a railway company may on 
 petition obtain payment of such share without notice to 
 the other parties interested.^ 
 
 • ^a^orfe Lockwood, 14Beav. 158. s. o. 6 W. R. 844; 27 Law J. (Oh.) 
 
 2 Re. Brasher's Trust, 6 W. E. 406, 712 ; 4 Jur. (N. S.) 1029 ; 31 Law T. 
 
 V. C. K. 339. 
 
 ^ Re Wight's Devised Estates, Ibid. ' Ra Midland Railway Company, 11 
 
 718, V. C. W. Jur. 1095, M. E. 
 
 *■ ife Davis's Estate, 3 De G. & J. 144; 
 
134 JURISDICTION UNDER LANDs' CLAUSES ACT. 
 
 87. Upon a petition for payment to the petitioner of the 
 income of a fund arising from the sale of land to a railway 
 company, the petitioner being in possession at the time of 
 such sale as tenant for life, subject to mortgages created 
 by himself, the Court will make an order without requiring 
 the mortgagees to be served with the petition ; but it would 
 seem that such service could not have been dispensed with 
 in case the tenant for life had been out of possession at 
 the time of the sale.' 
 
 88. Where the settlement contains two successive life 
 estates the company are entitled to an order that the divi- 
 dends be paid to the first tenant for life during his life, 
 " and upon proof of his death to the satisfaction of the 
 Accountant-General, then to (the next tenant for life) during 
 his life," so as to save the expense of a new petition on 
 the death of the first tenant for hfe.* 
 
 89. An application for payment or transfer out of a 
 fund, although under £300, must be made by petition, and 
 cannot be sustained at chambers.^ 
 
 90. In the case cited below,* Vice-Chancellor Stuart is 
 stated to have decided that where the object of the appli- 
 cation is to have a sum of cash standing in the Bank 
 invested in stock by the Accountant-General, and for pay- 
 ment of the dividends, the proper mode of proceeding is 
 by summons. It is apprehended, however, that there must 
 have been some misconception as to His Honour's view in 
 this matter, as the constant and settled practice is to make 
 the application for investment in the funds by petition and 
 not by summons. 
 
 91. The dividends of investments of purchase money 
 
 1 iZcHungerford'a Trust, 3 K. &J. 455. 3 jjg Clarke's Devisees, 6 W. E. 812, 
 
 = Be John Thomeley's Estate, March V. 0. K. 
 
 24th, 1858, M. R., cited, 4 Sol. Jour. * He Hargrave's Estate, 23 Law T. 
 
 757. 139, v. C. S,. 
 
JURISDICTION UNDER LANDS' CLAUSES ACT. 135 
 
 paid into Court by a railway company for lands belonging 
 to the Archbishop of Canterbury were ordered to be paid 
 to the Archbishop for the time being.* 
 
 92. Where a railway company took part of glebe land 
 demised by the incumbent for a term of years, and settled 
 separately with the lessee, and the value of the land taken 
 by the company had been settled by arbitration, and the 
 amount awarded paid into Court, it was held that the 
 dividends to accrue during the term ought to be accu- 
 mulated.* 
 
 93. Small sums wUl be paid out to persons entitled to 
 the life estate, they undertaking that such sums shall be 
 laid out in lasting improvements.^ 
 
 94. A quit-rent is a debt or incumbrance afifecting the 
 lands in payment of which money lodged in Court under 
 this Act may be applied.* 
 
 95. Money paid into Court in respect of freehold and 
 copyhold interests cannot be reinvested in leasehold pro- 
 perty.^ 
 
 96. Purchase money, which ought under this Act to 
 have been paid into Court, having been paid to a tenant 
 in tail who could not bar the entail, the same was on his 
 petition ordered to be reinvested.^ 
 
 97. In cases where the land belonging to a corporation 
 is taken by a railway company, and the purchase money is 
 paid into the Bank, the Court wiU not allow any steps to 
 be taken with reference to the final application of such 
 
 ' Expa/rte the Archbisliop of Canter- ■> Ex parte Studdert, 6 Ir. Ch. Rep. 
 
 bury, 2 De G. & S. 365 ; s. c. 12 Jur. 53. 
 
 1042 ; 5 R. C. 699. ° Ex parte Macaulay, 23 Law J. (Ch.) 
 
 2 Expwrte the Dean of Battle, 21 Law 815 ; s. c. 2 W. R. 667 ; 23 Law T. 
 
 T.'55; s. 0. 1 W. R. 271, V. C. K. 263, L. L. J. 
 
 * Expmie Barrett, 19 Law J. (Ch.) ^ Ex parte Earl of Abergavenny, i 
 
 415 ; s. e. 15 Jur. 3 ; 15 Law T. 520, W. R. 315, M. R. 
 v. C. K. B. 
 
136 JURISDICTION UNDER LANDS' CLAUSES ACT. 
 
 purchase money unless it be shown that the freemen are 
 represented.' 
 
 98. It is not the duty of the Court on a petition by the 
 person claiming as tenant in possession to examine into 
 the title of the person so claiming, and payment of the 
 income will be ordered to the petitioner.^ 
 
 99. The position of the company is somewhat analogous 
 to that of a trustee who has paid a trust fund into Court : 
 
 .he is bound to see the whole case brought forward, but 
 not to argue any part in it.' 
 
 100. Dividends were ordered to be paid to the rector 
 for the time being, he being a perpetual trustee of the 
 charity, part of the lands of which had been taken by a 
 railway company.* 
 
 101. In order to obviate the necessity of repeated appli- 
 cations to the Court, in cases where the purchase moneys 
 of glebe lands had been paid into Court and invested, the 
 form of the order was that the dividends should be paid to 
 the vicar for the time being and churchwardens and over- 
 seers, or either of them.* 
 
 103, A part of some lands which had been vested 
 in trustees under the Municipal Corporations Act was 
 taken by a railway company, and the purchase money 
 was paid into Court. It was ordered that the same 
 should be invested in Consols, and the dividends thereof 
 paid to any two of the trustees for the time being.^ 
 In another case it was ordered that payment of the 
 
 " ' -Be the Great Northern Railway ^ iby. 
 
 Company's Act, Ex 'parte, the Mayor, , * Bm Davenant's Charity, 2 W. R. 
 
 &c., of Lincoln, 6 R. C. 738 ; s. c. 344, V. C. K. 
 
 16 Jur. 756; 21 Law J. (Ch.) 621, ' &: jjou-fe Churchwardens and Over- 
 
 V. C. P. seers of Bicester, 5 R. C. 702, V. C. K. B. 
 
 2 JJe Perry's Estate, 1 Jur. fff.S.) » ifeCoUins's Charity, 20 Law J. (Ch.) 
 
 917 ; s. c. siib nom. Re Stenys Es- 168, V. C. K. B. 
 tate, 3 W. B. 561, V. C. W, 
 
JURISDICTION UNDER LANDS' CLAUSES ACT. 137 
 
 dividends might be made to the trustees, or either of 
 them.^ 
 
 103. Where money paid into Court, with the exception 
 of a small surplus, has been invested in the purchase of 
 land, such surplus, if less than £20, will be directed to be 
 paid to the tenant for life, but not otherwise.'^ 
 
 104. The Court has power to direct the costs incident 
 to an arbitration to be paid to the tenant for life out of the 
 purchase money.^ 
 
 105. A small sum of money, part of a larger sum paid 
 by a railway company for glebe land, was ordered to be 
 paid to the rector for the time being for his own use.* 
 
 106. A railway company took some land which had 
 been demised by the Dean and Chapter of Gloucester for 
 21 years on a beneficial lease. The company settled sepa- 
 rately with the lessee, and purchased the reversionary 
 interest of the Dean and Chapter, and the purchase money 
 was ordered to be invested in Consols. It was held that 
 the dividends to accrue on this stock until the expiration 
 of the term were not payable to the Dean and Chapter, 
 but ought, after providing for so much of the dividends of 
 the purchase money as would equal the amount of rent, to 
 be accumulated.^ 
 
 107. On the death of the last cestui que vie of a renew- 
 able leasehold, the tenant for Ufe who had been in receipt 
 of the whole income, and afterwards of the dividends of 
 the compensation money paid by a railway company, was 
 held entitled to the corpus of the compensation money, but 
 
 • Re Clinton, 8 W. B. 492; s. c. * ^aj^orfe the Rector of Little Steep. 
 
 6 Jur. (N. S.) 601, V. C. W. ing, 5 R. C. 207, V. C. of England. 
 
 2 Re Bateman's Estate, 21 Law J. * Ex pa/rte the Dean and Chapter of 
 (Ch.) 691, V. C. P. Gloucester, 19 Law J. (Ch.) 400 ; s. c, 
 
 3 Re Aubrey's Settled Estates, 1 W. 15 Law T. 520 ; 15 Jur. 239, V. C. E. B. ; 
 R. 464 ; s. c. 17 Jur. 874 ; 21 Law T. Ex pa/rte Dean and Chapter of Christ 
 192 : 7 R. C. 611, V. C. S. Church, 23 Law J. (Ch.) 149, V. C. K. 
 
138 JURISDICTION UNDER LANDS' CLAUSES ACT. 
 
 without prejudice to any right of the remaindermen to 
 relief in respect of the non-renewal of the lease, according 
 to the directions of the testator, under whose will they and 
 the tenant for life were entitled.* 
 
 108. When lands in lease subject to a customary re- 
 newal in an ecclesiastical corporation sole have been taken 
 for public purposes under the provisions of this Act, the 
 Court is empowered,'^ on the occurrence of every period at 
 which if the land had not been taken the lease might have 
 been renewed, to authorise the payment, out of the fund in 
 Court arising from the purchase money and its accumu- 
 lations, of an equivalent to the fine payable upon such 
 renewals.^ 
 
 109. In the case of a contract by the committee of a 
 lunatic's estate, the costs of the heir-at-law must be borne 
 by the company.* 
 
 110. Where a suit has been instituted to establish the 
 right of a person claiming a sum in Court, the proceeds of 
 land taken by a railway company, the Court will, on appli- 
 cation for payment out of the fund, order the costs of the 
 person entitled, but not those of other parties to the suit, 
 to be paid by the company.^ 
 
 111. Money in court the produce of the sale of lands 
 held by an archbishop in right of his see was ordered to be 
 invested, and as much of the proceeds as amounted to the 
 rent was ordered to be paid to the archbishop for his life, 
 the residue to be invested, with liberty to apply when the 
 lease became renewable.® 
 
 1 Re Beaufoy's Estate, 1 Sm. & G. * Re Walker, 20 Law J. (Ch.) 474 ; 
 
 20 ; s. c. 16 Jur. 1084 ; 22 Law J. s. c. 15 Jur. 161 ; 7 fi. C. 129, L. C. 
 
 (Ch.) 430. 5 jie Hore's Estate, 5 R. C. 592, 
 
 ^ Under tlie 74tli section. V. C. K. B. 
 
 3 Sx parte the Precentor of St. Paul's, « Sx parte the Archhishop of Oanter- 
 
 1 K. ft J. 638 ; s. c. 24 Law J. (Ch.) bury. Re Wimbledon, Sec, Act, 23 Law 
 
 396; 1 Jur. (W. S.) 444 ; 3 Eq. R. 634. T. 219 ; s. c. 2 Eq. Eep: 728, V. C. S. 
 
JURISDICTION UNDER LANDS' CLAUSES ACT. 139 
 
 112. Where glebe lands are taken by a railway com- 
 pany, it is competent to the vicar to deal with the purchase 
 money under the provisions of the statute 1 & 2 Vict. 
 c. 106.1 
 
 113. Parties to certain pending suits petitioned to have 
 a sum of money which had been paid into Court by a rail- 
 way company invested in trust in the suits, and also to 
 have the dividends invested and accumulated. Several of 
 the parties to the suit appeared by their counsel to consent. 
 It was held that the' railway company was bound to pay 
 the costs of all such parties.'^ 
 
 114. Where lands which were subject to a lease were 
 taken for the purposes of a company, and the purchase 
 money in respect of such leasehold interest was invested 
 under this Act, the company was ordered to pay the costs 
 of the half-yearly sales of stock for the purposes of dis- 
 tribution.* 
 
 115. A railway company having taken land belonging to 
 a perpetual curacy, an order was made for investment of 
 the purchase money and for payment of the dividends to 
 the incumbent and his successors the incumbents for the 
 time being. On a change in the incumbency, it was held 
 that the company were liable to pay to the new incumbent 
 his charges and expenses of obtaining payment of the 
 dividends to him, including a power of attorney for pay- 
 ment of the dividends, and that an order for taxation and 
 payment of such charges and expenses had been properly 
 made by a judge at chambers.* 
 
 116. On an apphcation for investment of purchase money 
 
 I An Act to abridge the holding of ^ JJs the HuU and Selby EaUway 
 
 Benefices in PluraUty and to make Company, 5 R. 0. 458, M. R. 
 
 better provision for the Residence of ^ ife Long's Estate, 1 W. E, 226 ; 
 
 the Clergy Ex parte the Vicar s. c. 20 Law T. 305, V. C. S. 
 
 of Kidderminster, 7 W. R. 482, • Jte ^arfe the Incumbent of GuUden 
 
 Y Q -^ Sutton, 2 Jur. (N. S.) 793, L. L. J. 
 
140 JURISDICTION UNDER LANDS* CLAUSES ACT. 
 
 paid in under this Act, the parties interested therein, though 
 appearing in separate sets, are each set to have their costs 
 paid them by the company; and it makes no difference 
 that the petition asks that the fund may be transferred to 
 the 'credit of a cause in which the rights of the different 
 claimants thereof are to be ascertained and adjusted, and 
 that it be taken out of the name of the company alto- 
 gether.^ 
 
 117. Where from the existence of a suit it becomes 
 necessary to present a petition in the matter of the Act 
 and in the Cause, the company will only have to pay the 
 costs occasioned by the petition being presented in the 
 matter of the Act, and the costs of the parties in the cause 
 will be costs in the cause.** 
 
 118. The company is not bound to pay the costs of an 
 application for payment of the dividends to a purchaser 
 from the tenant for life.^ 
 
 119. The costs of the company will be ordered not to 
 be increased by reason of the price paid for the land being 
 more than the sum paid into Court.* 
 
 120. The costs of an interim investment in stock wiU 
 have to be paid by the company,^ and that after a contract 
 
 ' Haire v. Lovitt, 12 Law T. 306, 239, V. 0. of England, tlie costs 
 
 M. R. of such a reinTestment were allowed ; 
 
 2 Hore V. Smitli, 14 Jur. 55 ; o. e. but in Ex gfirte, Tetley, i R. C. 56, 
 
 13 Law T. 399, V. C. K. B. See also V. C. of England, sucli cos,ts were re- 
 Ee Plcton's Estate, 3 W. R. 327 ; s. c. fused. Again, in Sx pwrU King's Col- 
 25 Law T. 22, T. 0. W. lege, Cambridge, 5 D'e G. & S. 621, the 
 
 5 Ee Byron's Trust, 5 Jur. (N. S.) extra costs were ordered to be paid by 
 
 261 ; o. i;. 7 W. R. 367, V. C. K. the petitioner ; and in Ex parte Mayor 
 
 * Ex parte Hodge, 16 Sim. 169 ; Re and Corporation of Carlisle, 1 W. R. 
 
 Branmer's Estate, 14 Jur. 236 ; s. o. 103; s. c. 20 Law T. 166, V. C. S. ; the 
 
 14 LawT. 83, V. C. K. B., overruling company paid the whole costs except 
 Ex pwrte Lord Palmerston, 4 R. C. 57, the extra stamp duty, but this was 
 note, V. C. of England. See also ife matter of arrangement. 
 Loveband's Settled Estates, 9 W. R. 12, * Ex parte Eton College, 16 Jur. 45 ; 
 V. C. S. On this point, however, there s. c. 20 Law J. (Ch.) 1, L. C. ; Ee 
 is not uniformity of decision. In Ex Goe's Estate, 3 W. E. 119, V. C. S. 
 parte Vicar of Clarboroxigh, 12 Jur. 
 
JURISDICTION UNDER LANDs' CLAUSES ACT. 14-1 
 
 has been entered into, as such contract may not be com- 
 pleted for years, ^ 
 
 131. With reference to the course which should be 
 pursued by trustees some uncertainty seems to have pre- 
 vailed. In one case "^ the Master of the Rolls decided that 
 trustees who had been sei-ved and appeared were entitled 
 to their costs of service, but not to those of appearance, 
 which were directed to be paid out of the fund. In a 
 later case, however, before the same judge,^ His Honour 
 held that the company* were bound to pay the costs of the 
 appearance of the trustees, and this latter view has been 
 adopted by Vice-Chancellor Kindersley.* It would be 
 advisable, however, when practicable, that the trustees 
 should concur in the petition. 
 
 122. The costs of the appearance of persons holding 
 mortgages on a life estate in the land purchased will not 
 be allowed.^ 
 
 123. On a petition by a tenant for life the costs of 
 incumbrancers on his life interest, and of a receiver ap- 
 pointed by them who had been served and appeared, were 
 held to be payable by the company.® 
 
 124. Land which was limited to trustees in trust to sell 
 after the death of B., a tenant for life, was taken by a rail- 
 way company before the death of B., and the money paid 
 into Court. After the^ death of B., the trustees applied for 
 payment of the money to them, not serving the petition on 
 the cestuis que trust Their presence was dispensed with.^ 
 
 1 ifeIiTerpool,&c.,Raaway,17BeaT. T. (N. S.) 78 ; 8 W. R. 336; 29 Law 
 392. J. (Ch.) 530. 
 
 2 Wilson V. Foster, 26 Bear. 398 ; ' Ex parte Smith, 6 E. C. 150, V. C. 
 s. c. 7 W. K. 172 ; 28 Law J. (Ch.) 410 ; of England ; Ri Nash, 25 Law J. (Ch.) 
 5 Jnr. (N. S.) 113 ; 32 Law T. 250. 20 ; s. c. 1 Jur. (N. S.) 1082, V. C. S. 
 
 ' Ex parte the Norfolk Railway Com- ' Be Yeates, 12 Jur. 279 ; s. c. 5 E. 
 
 pany, March 3rd, 1860, cited, 1 Dr. & 0. 370, V. C. of England. 
 Sm. 48. ' Re East, 2 W. R. Ill ; s. c. 22 Law 
 
 * Re Duke of Cleveland's Harte T. 197, V. C. W. 
 Estates, 1 Dr. & Sm. 46 ; s. c. 2 Law 
 
142 JURISDICTION UNDER LANDs' CLAUSES ACT. 
 
 125. The vendor of the land proposed to be purchased- 
 should not be served ; if so, the petitioner will have to pay 
 his costs.* 
 
 J 26. The trustees of two charities being identical, pur- 
 chased an estate on behalf of the two charities out of two 
 sums paid into Court by two distinct railway companies 
 for parts of the charity lands taken separately by them. 
 The proceedings to complete and apportion the estate were 
 consolidated. It was held that the costs of the joint pro- 
 ceedings were payable by the railway companies equally, 
 and not in proportion to the value.'^ 
 
 127. Where a company formed under an old Act 
 becomes amalgamated by an Act in which the Lands' 
 Clauses Act is incorporated, the rights as to costs mult 
 be governed by the old Act.* 
 
 128. Where several railway companies, having taken 
 lands belonging to the same owner, join in a petition for 
 investment of the purchase money, the Court will appor- 
 tion the costs amongst such companies according to the 
 amount of the respective purchase moneys.* 
 
 129. Money had been paid into Court and invested in 
 Consols under the provisions of a Railway Act passed in 
 1833, which contained no provision as to the payment of 
 costs by the company except in the case of a reinvestment 
 of the money in land. By a subsequent Act the company 
 was amalgamated with other companies. This Act repealed 
 the original Acts, but revived them for some purposes, and 
 enacted that, subject to the provisions thereinbefore con- 
 
 1 Jfe Dylar's Estate, 1 Jur. (N S.) (Ch.) 382, note, V. C. W. ; JfeNeachell's 
 975, V. C. W. Trusts, 3 W. R. 6U ; s. o. 25 Law T. 
 
 2 The London and Brighton Railway 280 ; 25 Law J. (Ch.) 382, note, V. 0. K. 
 Company v. the Shropshire Union Rail- < JEx parte the Governors of St. 
 way, &c., Company, 23 Beav. 605. Thomas's Hospital, 7 W. R. 425, 
 
 3 He Holden's Estate, 1 Jur. (N. S.) V. 0. K. Sed vide supra, 126, p. 49 
 995 ; s. c. 26 Law T. 13 ; 25 Law J. 
 
JURISDICTION UNDER LANDs' CLAUSES ACT. 143 
 
 tained, the Lands' Clauses Act should be incorporated with 
 that Act. It was held that the Court had jurisdiction to 
 make the company pay the costs of the payment of the 
 money out of Court to the parties beneficially entitled.^ 
 
 130. It is reasonable that the purchaser should have the 
 advice of his own counsel on any points of difficulty which 
 may arise, and that consultations should be held between 
 such counsel and the conveyancing counsel of the Court, 
 but the purchaser wiU not be allowed the costs of two 
 counsel going through Ihe whole title.^ 
 
 131. The costs of two petitions by two co-heirs who 
 claimed the fund on the death of the tenant for life, and 
 also the costs of investigating the title of other persons 
 who claimed to be heirs in answer to the advertisements 
 issued by the order of the Court, except such costs as 
 were occasioned by affidavits of the petitioners in oppo- 
 sition to such claims which were occasioned by adverse 
 litigation within the meaning of the 80th section, were 
 allowed.^ 
 
 132. The costs incurred before the conveyancing counsel 
 are liable to taxation, and a proper bill of them should be 
 delivered to the company.* 
 
 133. If a party proposes an investment which is proper 
 and unobjectionable, the company must pay the costs ; but 
 if the property proposed to be purchased is not such as the 
 Court would approve, as not being adequate for the purposes 
 of the trust, the costs of the company will be directed to 
 be paid out of the fund in Court.* 
 
 1 Se EUison's Estate, 1 Jur. (?r. S.) 25 Law T. 223 ; 6 W. R. 614, V. C. S. ; 
 1155 ; s. c. 25 Law J. (Ch.) 379 ; 26 on App. Ibid. 762, L. L. J. 
 
 Law T. 134, V. C. S. ; on App. 2 Jur. ^ g^ Spooner's Estate, 1 K. & J. 220. 
 
 (N S.) 293 ; s. c. 25 Law J. (Ch. ) 379 ; * Ibid. 
 
 26 Law T. 267, L. L. J. See also Bs. * Be Hardy's Estate, 18 Jur. 370; 
 
 Bristol Dock Act, 21 Law T. 17, M. E. s. c. 2 Eq. Rep. 634 ; 23 Law T. 125, 
 
 2 ite Jones's Settled Estates, 24 Law V. C. K. 
 J. (Ch.) 504 ; s. c. 1 Jur. (N. S.) 817 ; 
 
144 JURISDICTION UNDER' LANDS* CLAUSES ACT. 
 
 134. Where there had been laches on the part both of 
 the petitioners and the railway company in not seeing two 
 orders properly drawn up, each party was left to pay his 
 own costs.^ 
 
 135. The Court has no power to order payment of the 
 costs of deducing the title and of the conveyance of lands 
 to a railway company.'* 
 
 136. Land having been taken by a railway company 
 from the transferee of a deceased mortgagee whose heir-at- 
 law could not be discovered, it was held, that the company 
 was bound to pay the costs of a petition by the vendor for 
 the appointment of a person to convey to the company in 
 place of the heir-at-law of the deceased mortgagee.^ 
 
 137. The sum deposited by a railway company in 
 Court,* is not subject to any lien for the costs of the 
 vendor, but upon due performance of the condition of the 
 bond, mentioned in the same section, the company are 
 entitled to have the money paid over to them, notwith- 
 standing the pendency of a question between them and the 
 vendor with respect to such costs. The landowner, how- 
 ever, is entitled to be served with the petition and to be 
 paid his costs of appearing on it.* 
 
 138. Upon petition by a railway company for repayment 
 to the secretary of money paid into Court by way of deposit, 
 it was held, that payment to the secretary might be ordered 
 upon the petition being stamped with the seal of the 
 company, without the necessity of verifying the seal.^ 
 
 ' Ex parte Governors of Oakham and 5 R. C. 437 ; 13 Jur. 2. See also Ex 
 
 TTppinghani Grammar-Sohools, 23 Law ^cwfe Great Northern Railway Company, 
 
 T. 251, V. C. K. 16 Sim. 169 ; s. c. 5 R. C. 269 ; 12 
 
 ' Expa/rte Marquis of Bath, i R. C. Jur. 885 ; 17 Law J. (Ch.) 314 ; on 
 
 567, V. C. of England. App. 5 R. C. 272 ; 12 Jur. 887 ; 11 
 
 »■ Be Nash's Estate, 4 W. R. Ill ; Law T. 285, L. C. Re, the London 
 
 s. c. suh nom. Ex pwrte Cave, 26 Law and S. Railway, 16 Sim. 165. 
 
 T. 176, V. C. W. "Ex parte the London, Chatham, 
 
 * Under the 85th section. and Dover Railway Company, 8 W. R. 
 
 s Ex parte Stevens, 2 Ph. 772 ; s. c. 636 ; s. c. 3 Law f. (N. S. ) 237, V. C. W. 
 
JUEISDICTION UNDER LANDs' CLAUSES ACT. 145 
 
 139. Where at the time a railway company take lands, 
 and the purchase-money is paid into court, the party 
 absolutely entitled is in possession, and dies devising them 
 in strict settlement, and the tenant for life under such will 
 petitions for payment of the fund out of court, and for 
 reinvestment in other lands to similar uses, the company 
 are liable to pay the costs of such reinvestment.^ It would 
 appear, also, that even an owner in fee can claim the costs 
 of a reinvestment.'' 
 
 140. The costs of an application to the Court for the 
 reinvestment of railway purchase-monies in the substitu- 
 tion of new farm-buildings for old buildings do not come 
 within the Act, and are therefore not payable by the rail-, 
 way company ; but the Court will not order the costs of 
 the company's appearance to be paid by the petitioners.^ 
 
 141. Her Majesty's Commissioners of Works and Public 
 Buildings purchased lands from two tenants in common in 
 1855, and the purchase-money was then paid into the 
 bank to their credit. One of them died in 1859, and her 
 representatives petitioned for payment of her share out of 
 court. It was held that the commissioners should pay 
 the costs of the petition.* 
 
 142. A petitioner claiming to be entitled to money paid 
 in under this Act, must make an affidavit verifying his title 
 and stating that he is not aware of any right in any other 
 person, or of any claim made by any other person, to the 
 
 sum of £ in the petition mentioned, or to any part 
 
 thereof. If the petitioner should be aware of any such 
 right or claim, he must in his affidavit state or refer to. 
 
 , ' ife De Beauvoir's Trusts, 29 Law ' Ex parte the Devisees of Milward, 
 
 3. (Ch.) 567 ; s. c. 6 Jur. (N. S.) 593; 1 Law T. (K. S.) 153 ; s. c. 29 Law J. 
 
 2 Law T. (N. S. ) 364 ; and s. c. ml nom. (Ch. ) 245 ; 6 Jur. (N". S. ) 478, M. R. 
 
 Me Benyon's Trust, 8 W. R. 425, LL. J. * iife Edmeade's Estate, 8 W. R. 327 ; 
 
 2 Per Turner, L. J., 29 Law J. (Ch.) s. c. 3 Law T. (N. S.) 73 ; 6 Jur. (N. S.) 
 
 570. 986, M. E. 
 
 ii 
 
146 JUBISUICTION UNDER LANDS' GLAUSES ACT. 
 
 and except the same.^ Such, affidavit must be made by the 
 petitioner himself, and not by any person on his behalf.' 
 The above affidavit is not now required where the petition 
 is presented for the purpose of having the sum paid into 
 court invested either in stock or in the purchase of lands.' 
 143. With reference to the investment of purchase* 
 money in land, after the order has been pronounced by the 
 Court, the following is the course pursued : the order 
 having been drawn up, pass.ed, and entered, a copy of it 
 should be left in the chambers of the Judge;, and a summons 
 to proceed with the inquiries must be taken out. The 
 chief clerk having signified his approval of the purchase 
 as fit and proper, an abstract of title should be carried 
 into the Judge's chambers, with an affidavit by the solicitor's 
 clerk that he has examined the abstract, with the various 
 documents mentioned in the abstract (specifying them), 
 and that the abstract contains a true and faithful abstract 
 description and copy of each and every of such documentsi. 
 The chief clerk thereupon gives a note to the registrar, 
 upon which the registrar ballots for the conveyancing 
 counsel. The note is then filled up by the registrar, and 
 with the abstract, affidavit, contract, &c., is laid before the 
 conveyancing counsel by the petitioner's solicitor. The 
 conveyancing counsel approves of the title and settles the 
 conveyance, which is approved by the Vice-Chancellor. 
 An ingrossment of the draft is then made, and verified by 
 affidavit, and an affidavit is made and carried in, that 
 searches have been made for incumbrances. The chief 
 clerk then gives his certificate that the lands and premises 
 are a fit and proper purchase, and that a good title has 
 
 > 34th Cons. Ord. r. 3. ruling Ex parU HoUick, 4 R. 0. 498 ; 
 
 2 Be Liverpool &c. Railway, 17 Beav. s. c. 16 Law J. (Cb.) 71, V. 0. K. B. ; 
 392. and Ex pa/rbi St. Thomas's Hoiipital, 
 
 3 Be Braye, 9 Hare, App. I, 7, over- cited, Seton, 664, V. C. K. B. 
 
JURISDICTION UNDER LANDs' CLAUSES ACT. 147 
 
 been shown thereto, and that an indenture has been 
 settled and approved of by the Vice-Chancellor as a proper 
 deed of conveyance of the said lands and premises, and 
 the indenture is identified by the chief clerk's signature 
 in the naargin thereof. The ingrossment is then executed, 
 and an affidavit of the execution filed, upon production of 
 which and of the certificate, the money in court is paid to 
 the purchaser.* 
 
 144. In concluding this chapter it may be important to 
 remark that there are many special Acts relating to railway 
 and other companies and public undertakings, which, 
 having been passed previously to the Lands' Clauses Act, 
 do not incorporate the same. Such special Acts contain 
 clauses, more or less varying from each other, with reference 
 to the costs to be paid to landowners on the purchase of 
 their lands, and the investments with reference to the 
 same. There are numerous cases in which the clauses of 
 particular Acts with reference to costs have come under 
 consideration by the Equity Courts, but it has not been 
 deemed advisable to insert these decisions in detail, as 
 they would serve rather to burden than assist the reader, 
 since the Courts have gone on the principle of determining 
 each case with reference to the language of the particular 
 clauses of the Act under consideration, without venturing 
 to establish any general rule for guidance in similar cir- 
 cumstances. The necessity of adopting this course has 
 arisen, not from any want of inclination on the part of the 
 Judges to lay down general principles, but from the 
 circumstance that it has pleased the legislature that, in 
 almost every instance, the sections of the special Act 
 should differ in some respects from those contained in 
 preceding statutes having similar objects. 
 
 • 18 Jur. 742. See also Be Hiohin's Estate, 1 W. R. 505, V. C. W. 
 
 h 2 
 
CHAPTER IX. 
 
 THE TRUSTEES' RELIEF ACTS. 
 (10 & 11 VICT. c. 96, AND 12 & 13 VICT. c. 74.] 
 
 SECTION I. 
 
 Statement of the Peovisions of the 
 
 Acts and of the Obdees 
 
 made thbeeon. 
 
 SECTION II. 
 
 The Payment or Tbansfee of Tktjst 
 Funds into Cottet. 
 
 SECTION III. 
 
 The Payment oe Transpek of Trust 
 Funds out of Couet. 
 
 SESTION IV. 
 
 Costs of Proceedings undee these 
 Acts. 
 
 Section I. 
 
 Statement of the Provisions of the Acts and of the Orders 
 made thereon. 
 
 1. Object of Trustee Belief Act. 
 
 2. Otjections against obtaining relief 
 by bill, 
 
 3. Statement of Act. 
 
 4. Court empowered to make orders on 
 petition. 
 
 5. On whom petition miist he served. 
 
 6. Suit manj be directed to be instituted. 
 1. Statement of Trustee Amendment 
 
 Act. 
 
 8. Effect of order. 
 
 9. Affidavit must be filed by trustee — 
 partAeulairs which it should con- 
 tain. 
 
 10. Accowntcmt-Qeneral to give necessary 
 directions. 
 
 11. AccowKlami-General to invest, wnless 
 contrary statement. 
 
 12. Trustee to give notice to persons 
 named in affidavit. 
 
 13. Persons 'interested may. apply by 
 petition. 
 
 14. Trustee must be served with notice 
 of application. 
 
 15. If application made by trustee, par- 
 ties interested must be served. 
 
 16. Petitioner must name place where 
 he cam, be served vrUh notice of pro- 
 
 17. Where fimd does not eoeceed 300?. 
 cash or stock, applicatixms must be 
 made at chambers. 
 
 18. Where arrears of interest more Uian 
 300?. 
 
 19. To whom petition should be pre- 
 sented. 
 
 20. How petition a/nd affidamt should 
 
 21. Applications cannot be made 
 motion. 
 
trustees' relief acts, statement of acts, etc. 149 
 
 22. Order camiot he made on furtlier 
 directions iviOuyut petition. 
 
 23. Applieatien for maintenance should 
 be made by petition. 
 
 24. Applications under these Acts should 
 originate by petition. 
 
 25. Prayer of petition should specify 
 exact order required. 
 
 26. No power to serve petition on parties 
 out of jv/risdiciion. 
 
 11. Dou}>tful whether a question of elec- 
 tion cam, be decided. 
 
 28. Person making affidavit may be 
 cross-escami/ined. 
 
 29. Claimant may proceed in forma 
 pauperis. 
 
 1. The object of the above Acts is to relieve trustees 
 and executors from the difficulties in which they frequently 
 became involved in the course of their duties through 
 having in their hands or under their control monies or 
 funds, the title to which was doubtful, or the parties 
 entitled to the same were not in being or not ascertained. 
 In these cases the only mode of obtaining relief was for 
 the trustees or executors or their cestuis que trust or legatees 
 to file a bill for the purpose of having the rights of the 
 parties ascertained and declared. 
 
 2. There were, however, objections of a serious nature 
 in the way of adopting this course. The expense to the 
 cestuis que trust, or to the testator's estate, formed of itself 
 a great obstacle to such relief, and besides, in many pases, 
 the Court would not grant the relief sought, or only on 
 the condition of the trustees or executors paying the costs. 
 
 3. Under these Acts, all trustees, executors, adminis- 
 trators, or other persons, having in their hands any monies 
 belonging to any trust, or the major part of them, may, 
 on filin g an affidavit shortly describing the instrument 
 creating the trust, according to the best of their know- 
 ledge and behef, pay the same with the privity of the 
 Accountant-General, into the bank, to the account of such 
 Accountant-General, in the matter of the particular trust, 
 (describing the same by the names of the parties as accu- 
 rately as may be for the purpose of distinguishing it), 
 in trust to attend the orders of the Court; and all 
 
150 trustees' relief acts. 
 
 trustees or other persons having any annuities or stocks 
 standing in their names, or any government or parliamen- 
 tary securities standing in their names or in the names of 
 any deceased persons of whom they shall be personal 
 representatives upon any trusts, or the major part of them, 
 may transfer or deposit such stocks or securities into or 
 in the name of the Accountant -General, with his privity 
 in the matter of the particular trust (describiHg the same), 
 in trust to attend the orders of the Court ; and in every 
 such case the receipt of one of the cashiers of the bank 
 for the money so paid, or, in the case of stocks or securi- 
 ties, the certificate of the proper officer of the transfer or 
 deposit of such stocks or securities, shall be a sufficient 
 discharge to such trustees or other persons for the money 
 so paid, or the stocks or securities so transferred or 
 deposited.' 
 
 4. The Court is empowered to make such orders as 
 shall seem fit from time to time in respect of the trust 
 monies, stocks, or securities paid in, transferred, and depo- 
 sited under the provisions of these Acts, and for the 
 investment and payment of any such monies, or of any 
 dividends or interest on any such stocks or securities, and 
 for the transfer and delivery out of any such stocks and 
 securities, and for the administration of any such trusts 
 generally, upon a petition to be presented in a summary 
 way to the Lord Chaaicellor or the Master of the Rolls 
 without bill by such party or parties as to the Court shall 
 appear to be competent and necessary in that behalf.'* 
 
 5. Service of ,&uch petition must be made upon such 
 person or persons as the Court shall see fit and direct, 
 and every order made upon any such petition shall have 
 the same authority and eff'ect, and shall be enforced and 
 subject to rehearing and appeal in the same manner as if 
 
 " 10 & 11 Vict. c. 96, s. 1. s Sect. 2. 
 
STATEMENT OF ACTS AND ORDERS. 151 
 
 the same had been made in a suit regularly instituted in 
 the court.' 
 
 6. If it shall appear that any such trust funds cannot 
 be safely distributed without the institution of one or 
 more suit or suits, the Lord Chancellor or Master of the 
 Eolls may direct any such suit or suits to be instituted./* 
 
 7. If upon any petition presented to the Lord Chan- 
 cellor or Master of the Rolls it sball appear to the Judge 
 of the court before whom such petition shall be heard, 
 that any monies, annuities, stocks, or securities are vested 
 in any persons as trustees, executors, or administrators, or 
 otherwise upon trusts, within the meaning of these Acts, 
 and that the major part of such persons are desirous of 
 transferring, paying, or delivering the same to the 
 Accountant- General of the court under the provisions 
 of these Acts, but that for a«ny reason the concurrence 
 of the other or others of them cannot be obtained, such 
 Judge is empowered to order and direct such transfer, 
 payment, or delivery to be made by the major part of 
 such persons withoyit the concurrence of the other or 
 others of them ; and where any such monies or govern- 
 ment, or parliamentary securities shall foe deposited with 
 any banker, broker, or other depositary, such Judge may 
 make such order for the payment or delivery of such 
 monies, government or parliamentary securities, to the 
 major part of such trustees, executors, administrators, or 
 other persons as aforesaid, for the purpose of being paid 
 or delivered to the Accountant-General, as to the said 
 Judge shall seem meest.^ 
 
 8. Every transfer of any annuities, stocks, or securities, 
 and every payment of money or delivery of securities in 
 pursuance of any such order, shall be as valid and effec- 
 
 ' Sect. 2. ' Trustees' Kelief Amendment Act, 
 
 2 Ibid. 12 & 13 Yict. o. 74, d. 1. 
 
152 trustees' relief acts. 
 
 •tnal as if the same had been made on the authority or 
 by the act of all the persons entitled to the annuities,- 
 stocks, or securities so transferred, or the monies or secu- 
 rities so paid or delivered respectively, and shall fully 
 protect and indemnify the Governor and Company of the 
 Bank of England, the East India Company, and the South 
 Sea Company, and all other persons acting under or in 
 pursuance of such order.' 
 
 9. Any trustee desiring to pay money to the account of, 
 or transfer, or deposit, stock, or securities into or in the 
 name of the Accountant- General of the court under these 
 Acts, must file an affidavit intituled in the matter of the 
 Act, and in the matter of the trust, and setting forth — 
 
 (1.) His own name and address. 
 
 (2.) The place where he is to be served with notice of 
 any proceeding or order of the Court, or of the 
 Judge in chambers, relating to the trust fund. 
 
 (3.) The amount of money, stock, or securities which 
 he proposes to pay or transfer into, or deposit in 
 court to the credit of the trust. 
 
 (4.) A short description of the trust and of the instru- 
 ment creating it. 
 
 (5.) The names of the parties interested in or entitled 
 to the fundi to the best of the knowledge and belief 
 of the trustee. 
 
 (6.) The submission of the trustee to answer all such 
 inquiries relating to the application of the money, 
 stocks, or securities paid in, transferred, or depo- 
 sited under the Acts as the Court or the Judge in 
 chambers may think proper to make or direct.'^ 
 
 10. The Accountant-General, on production of an office 
 copy of the affidavit, is to give the necessary directions 
 
 ' Trustees' Relief Amendment Act, 2 41st Cons. Ord., r. 1. 
 sect. 1. 
 
STATEMENT OF ACTS AND ORDERS. 153 
 
 for payment, transfer, or deposit, and to place the money, 
 stock, or securities to the account of the particular trust ; 
 and- such payment, transfer, or deposit is to be certified in 
 the usual manner.^ 
 
 11. Where it is deemed unnecessary to have the money 
 or the dividends, or interest, of stock or securities, invested 
 in the meantime, the affidavit must further contain a state- 
 ment to that effect.^ But where the affidavit contains no 
 such statement, the Accountant-General shall be at liberty 
 to invest, as soon as conveniently may be, the money in 
 Bank 31. per Cent. Annuities, in the matter of the par- 
 ticular trust, or in cases of dividends or interest on stock 
 or securities transferred, such dividends or interest in the 
 like stock, and all accumulations of the dividends of the 
 stock in which such money shall be invested, and of 
 the dividends or interest on such stock or securities as afore- 
 said, from time to time in the like manner, without any 
 special order made by the Court in that behalf, and without 
 any formal request for that purpose. Provided always, 
 that where at any time a request in writing, by or on behalf 
 of any party claiming to be entitled, that such invest- 
 ment should be discontinued, is left with the Accountant- 
 General, he shall be at liberty to cease making any 
 further investment in the matter of the particular trust, 
 until the Court shall have made some order in that 
 behalf.^ 
 
 12. The trustee having made the payment, transfer, or 
 deposit, is forthwith to give notice thereof to the several 
 
 ' 41st Cons. Ord., r. 2. ment of the fund. The proper course 
 
 ' Such a statement should never be undoubtedly is to omit the statement 
 
 inserted except by the express authority altogether, and leaye the cestwis que 
 
 of the cestuis q-ue trust, or in cases in inisi to apply themselves, if they are 
 
 which the trustees have a sufficient desirous that the fund should not be 
 
 reason to warrant their incurring the invested. — Appach on the Act, 47, note. 
 
 responsibility of preventing the invest- ' 41st Cons. Ord., •:. 3. 
 
154 trustees' eelief acts. 
 
 persons named in his affidavit as interested in or entitled 
 to the fand.^ 
 
 13. Such persons, or any of them, or the trustee, may 
 apply by petition, as occasion may require, respectiaig the 
 investment, payment out, or distribution of the fund, or of 
 the dividends or interest thereof.^ 
 
 14. The trustee must be served with notice of any 
 application made to the Court, or to the Judge in chambers, 
 respecting the fund or the dividends or interest thereof, by 
 any party imterested therein or entitled thereto.^ 
 
 15. The persons interested in or entitled to the fund 
 must be served with notice of any application made by the 
 trustee to the Court, or to the Judge in chambers, respect- 
 ing the fund in court, or the interest or dividends thereof.* 
 
 16. No petition is to be set down to be heard, and no 
 fiummons sealed, until the petitioner or applicant has first 
 named, in his petition or summons, a place where he may 
 be served with any petition or summons, or notice of any 
 proceeding or order of the Coui't, relating to the trust 
 fund.^ 
 
 17. In all cases where the fund does not exceed 300/. 
 cash or 800/. stock, as the case may be, applications 
 with respect to the same must be made by summons at 
 chambers.^ 
 
 18. "Where the arrears ©f interest amount to more than 
 300/., application for payment of the same must be made 
 to the Court by petition.' 
 
 19. The petition is to be presented either to the Lord 
 Chancellor or the Master of the Rolls. If presented to 
 the Lord Obanoellor, it must be marked with tlie name of 
 
 1 41st Cons. Ord., r. 4. « 85th Oona. Ord., r. 1, art. 8 ; 41st 
 
 = Ibid., r. 5. Cons. Ord., r. 5. 
 
 » Ibid., r. 6. 7 Joad v. Ripley, 8 Jur. (N. S.) 482; 
 
 -* Ibid., r. 7. s. c. 29 Law T. 122, V. C. S. 
 
 « Ibid., r. 8. 
 
STATEMENT OF ACTS AND ORDERS. 155 
 
 one of the "Vice-Chancellors in the usual way, by -whom it 
 wUl be heard.^ 
 
 20. The petition and the affidavits and summonses in 
 respect thereof are headed, " In Chancery," and are inti- 
 tuled, in the matter of the first above-mentioned Act, or, if 
 the relief sought requires the aid of the Trustee Relief Act, 
 1849, also, in the matter of the Act, 12 & 13 Vict. 
 c. 74, and in the matter of the parti6ular trust as follows : 
 " In the matter of an Act of Parliament made and passed 
 in the 10th and 11th years of the reign of her present 
 Majesty Queen Victoria, intituled, An Act for better 
 securing trust funds, and for the relief of trustees," and, 
 if necessary, also, in the matter of the Trustee Relief Act, 
 1849, by its full title, and "in the matter of the trusts of 
 
 's legacy umder the will of A. B. deceased," or as the 
 
 case may be.^ 
 
 21. Applications under these Acts must be made by 
 petition, and cannot be made by motion.^ 
 
 22. It would seem that on a cause coming on for further 
 directions, an order cannot be made with reference to a 
 sum paid into court under these Acts without a petition.* 
 
 23. An application for maintenance of an infant out of a 
 fund paid into court under these Acts should be made by 
 petition. A Judge sitting at chambers has not, under the 
 26th section of the Act 15 & 16 Vict. c. 80, jurisdiction 
 to make such an order.® 
 
 24. A Judge in chambers, also, is not empowered under 
 the above section to entertain applications with reference to 
 funds paid into court under these Acts, except as already 
 stated vnth reference to sums or amounts under 300/. 
 
 > Ayokboum's Ch. Pr. 369. ExparU Stock, 5 Ir. Ch. Rep. 341. 
 
 = 41st Cons. Ord., r. 9 ; Smitli's Ch. ■• Otte v. Castle, 1 W. R. 64, V. C. S. 
 
 Pr. 670. ^ Eye's Imst, 1 Jur. (N.S.) 222; 
 
 3 Be Masselin's Trusts, 21 Law J. s. c. 3 W. R. 198, V. C. K. 
 (Ch.) 53 ; s. c. 15 Jur. 1073, V. C. P. ; 
 
156 trustees' belief acts. 
 
 Such applications must originate in and be founded upon 
 a petition presented to the Court. After a petition the 
 jurisdiction at chambers will arise, and orders may be 
 made.' 
 
 25. The prayer of a petition, and notice thereof, should 
 specify the exact order which is sought for, and the precise 
 portions of the fund, which are to be transferred to the 
 several parties entitled to the same.'^ 
 
 26. It would seem that the Court has not jurisdictioM. 
 under these Acts to order service of the notice of the 
 petition on parties residing out of the jurisdiction.^ 
 
 27. It is doubtful whether the Court has jurisdiction to 
 decide a question of election on a petition under these 
 Acts.* 
 
 28. A person making an affidavit under these Acts may 
 be cross-examined thereupon.^ 
 
 29. A claimant under these Acts may proceed in forma 
 
 Section II. 
 The Payment or Transfer of Trust Funds into Court. 
 
 1. statute does not extmd to foreign 
 
 2. Nor to shares in public companies. 
 
 3. Affida/oU nvust he made by all the 
 trustees, except under exceptional 
 eircum,stances. 
 
 i. Sv/rvimi/ng trustees ma/y transfer fimd 
 
 into court. 
 5. Material pan-ts of affidavit should be 
 
 stated in petition. 
 
 6. Fund should be transferred to sepa- 
 rate accownt. 
 
 7. Otherwise admimisiration of trusts 
 of unit may be necessary. 
 
 8. Sha/res of trust fumd should be paM 
 in to separate accounts. 
 
 9. Cfeneraljtmsdiction gone as to money 
 pond or t/ra/nsferred into court. 
 
 10. Cestui que trust may, however, file 
 a hill to have rights decla/red. 
 
 1 Re Hodges, 4 De G. M. & G. 491 ; ■* Ibid. 
 
 s. c. 1 Jur. (N. S.) 73 ; 24 Law T. 226; ° Under 15 & 16 Vict. c. 86, s. 40 ; 
 
 3 W. R. 151. Re Bendyshe, 3 Jur. (N. S.) 727 ; s. c. 
 
 2 Ex parte Bernard, 6 Ir. Ch. Rep. 6 W. R. 816, V. C. K. 
 
 133. 6 Be Money, 13 Beav. 109 ; s. c. 15 
 
 ' Ibid. Jur. 51 ; 20 Law J. (Ch.) 274. 
 
PAYMENT OF FUNDS INTO COURT. 
 
 157 
 
 11, 
 
 Trustee may pay in money vihere 
 charging order made absolute. 
 Wheretrustee cannot befownd, service 
 mjzy ie effected at address in qffi- 
 damii. 
 
 Estate purchased subject to charge, 
 amjorunt cannot be paid into court. 
 No order necessary for payment into 
 court. 
 
 Trustees mi paying in fund, thereby 
 give up trusteeship. 
 16. Payment into court does not dis- 
 charge breach of trust. 
 Where notice of bill before pjfyment 
 into cowrt, trustees refused their 
 costs. 
 
 Costs ordered to he paid by trustees 
 wnder the circumstances. 
 Fund must be lodged to credit of 
 particular trust. 
 
 Trustees may, when ihey please, 
 pay a fund into court. 
 Where surviving trustee of stock an 
 infami, fund ordered, to be paid into 
 court. 
 
 12. 
 
 13. 
 
 14. 
 
 15. 
 
 17. 
 
 18 
 
 19. 
 
 20 
 
 21. 
 
 22. Mxcutor justified in paying in 
 fund belonging to married woman 
 
 abroad. 
 
 23. Also where confiictimg claim between 
 insolvent and trustees. 
 
 24. Payment mto court is not u/nder 
 Clutritable Trusts Act, "a suit or 
 matter actually pending.^' 
 
 25. Fvmd will be ordered to be carried to 
 separate account. 
 
 26. Where power to sell but not to give 
 receipts, purchase-m/mey nwAj be 
 paid into cowrt. 
 
 27. Surplus proceeds of m^origaged pro- 
 perty may be paid info coi<rt. 
 
 28. Where trustees have discretionary 
 power over fund. 
 
 29. Assignee should obtain stop order. 
 
 30. Notice should be given to such of the 
 cestuis que trust as are known of. 
 
 31. Trustee discharged by payment mto 
 cotirt. 
 
 32. Trustees justified in not paying in 
 
 1. These statutes do not extend to foreign funds or 
 securities.' , 
 
 2. It would seem to be clear that shares in public com- 
 panies do not come within the operation of these Acts, and 
 consequently that the Court has no jurisdiction to deal with 
 them under their provisions.'' 
 
 3. It is not prescribed who is to make the affidavit, but 
 as a general rule all the trustees must concur in the affi- 
 davit. Where a reasonable explanation is given, however, 
 the Court will make an order on the Accountant-General 
 to receive the affidavit of one of the trustees.^ 
 
 1 Williams v. Trye, 18 Jur. 442, M. 
 B. ; Tripp, Ch. Pr. 116. 
 
 ' Darling on the Trustee Eelief Act, 
 6, 7. See, however, Be Gustard's Settle- 
 ment Trusts, July 31, 1854, cited, lb. 6, 
 where some shares in the Globe Insu- 
 
 rance Company were allowed to be 
 deposited by the Aocountant-General, 
 and v. C. Wood made an order on 
 petition for payment of the dividends 
 of the same. 
 3 Anon., 1 Jur. (N. S.) 974, V. C. W. 
 
158 trustees' relief acts. 
 
 4. Stock stood in the joint names of four trustees, two 
 of whom were dead. The two surviving trustees were 
 desirous of transferring the trust fund into court under the 
 Act, and counsel on the part of the trustees submitted to 
 the Court that a doubt had been suggested, whether the 
 case of the two survivors being neither " the trustees " nor 
 " the executors " of a trustee was within the Act. The 
 Court, however, was of opinion that such a case w^as within 
 the Act.i 
 
 5. It is not necessary that petitions under these Acts 
 should state every particular or set out every detail into 
 which trustees may have entered in their affidavit. If^ 
 however, the affidavit on payment of the money into court 
 be well drawn, it will state the case in its best and shortest 
 form. The petition, nevertheless, will be sufficient if it 
 state that part of the affidavit of the trustee which shows 
 the difficulty that has induced him to pay the fund into 
 court, and so much of the statement which the trustee has 
 made as may be necessary to show who are the parties 
 claiming or interested in the fund, in order that the Court 
 may be satisfied that all persons interested are before the 
 Court.=* 
 
 •6. To enable the Court to distribute a particular fund, 
 the trustees or executors must take on themselves the 
 responsibility of separating it finally and for ever, not only 
 from the other assets but from all the other trusts of the 
 will, or, in other words, of saying that the fund belongs to 
 those to whose particular account they desire the fund to 
 be carried, but that they decline to take on themselves the 
 responsibility of ascertaining the persons or making the 
 payment. Therefore, where a sum of money had been 
 
 > ife Parry, 6 Hare, 306; s. c. 12Jur. 64; s. o. 22 Law J. (Cli.) 1045; 17 
 721. Jur. 852. 
 
 = ifc Com-tois' Trust, 10 Hare, App. 
 
PAYMENT OF FUNDS INTO COUET. 159 
 
 paid into court to the following account : — " In the matter 
 of the trusts of the will of W. Everett, Esq., dated the 
 28th of September, 1844, in relation to one-fovirth part of 
 the sum of 5000^. 3/. per cents., bequeathed by the 
 said will in trust for Ada Ann Everett Kersey and Mary 
 Ann Kersey, as in the said wiU is mentioned," the 
 Master of the Rolls said that in such case the fund must 
 be transferred to another heading before it could be 
 distributed.^ 
 
 7. Where a trustee paid into court the share of the 
 petitioner in a legacy of 1000/. to the account of " the 
 trusts under the wiU of Samuel Wright, deceased, " 
 the Court, on the petition being opened, stated that, from 
 the generality of the account to which the fund had been 
 carried, a complete administration of the trusts of the will 
 became necessary, and that the Court could not order the 
 fund to be carried over to a diflFerent account, as that must 
 be done on the trustee's own responsibility ; but that if 
 the trustee would admit that the fund in court was the 
 petitioner's share of the 1000/., the fund would at his 
 request be allowed to be carried over to such separate 
 account, and the Court would then proceed to determine 
 the question between the parties. Counsel for the trustee 
 assented to this course being adopted, and the petition 
 proceeded.' 
 
 8. A trust fund was bequeathed as to one-fifth part for 
 the children of John, as to another fifth for the children 
 of Deborah, and as to another fifth for the children of 
 Benjamin. The trustees paid the three fifths into Court 
 to one account. It was observed by the Court, that the 
 investment had been improperly made on the joint account 
 instead of carrying the several legacies to separate accounts, 
 
 ' M Everett, 12 Beav. 485. See also = jjg Wright's Trusts, 15 Beav. 367, 
 B£ Joseph's Will, 11 Beav. 625. ' 
 
160 trustees' relief acts. 
 
 as in a case of distinct trusts it ought to have been. The 
 effect was, that the parties interested in the two other 
 tfusts must be served, and for this reason, that if the 
 payment of this portion of the fund should be made to 
 the wrong party, the person entitled to it might claim- 
 against the remainder of the aggregate fund belonging to 
 the two other trusts.^ 
 
 9. Where trustees deduct a sum for costs, and pay the 
 balance of the trust fund into court, the jurisdiction of 
 the Court either by bUl or claim against the trustees is 
 gone as to the sum paid into court. The words of the Act 
 are conclusive : the receipt of one of the cashiers of the bank 
 for the money so paid, " shall be a sufficient discharge to 
 such trustees or other persons for the money so paid." 
 The Act has left the party beneficially interested to pursue 
 his remedy (as to the money so paid in) under that Act, 
 and not according to the ordinary jurisdiction of the Court. 
 The Act, however, does not interfere with any proceed* 
 ings with reference to the sum retained for costs.'* 
 
 10. It has not been decided, however, that a cestui que 
 trust cannot file a bill to have his rights declared, but only 
 that he cannot have that remedy against the trustee who 
 has paid the fund into court, by reason of the words of 
 the Act which thereupon discharge the trustee.^ 
 
 11. A trustee desirous of being relieved from responsi- 
 bility by paying in money under these Acts, may sometimes 
 think himself fettered by a party entitled to a portion of 
 the whole fund, having obtained a charging order ; but 
 although the Bank before an order nisi is made absolute 
 ought to hold its hands, yet, when theorder has been made 
 absolute, it is in the nature of a charge upon the fund, and 
 
 ' Be Tinstone's Trust, 9 Haie, App. 15 Jur. 1025. 
 50- 3 Thorp V. Thoi-p, 1 K. & J. 438. 
 
 2 Goode V. West, 9 Hare, 378 ; s. o. 
 
PAYMENT OP FUNDS INTO COURT. 161 
 
 the Bank then is bound to pay the money to the 
 trustees, and they are the persons to see that it is pro- 
 perly applied. The bank has nothing to do with the 
 distribution of the fund, and is not bound to pay the 
 judgment creditor; that is the business of the trustees, 
 who are responsible in a Court of Equity for its proper 
 distribution.' 
 
 12. Where a trustee could not be found, an application 
 was made to the Court for leave to serve the trustee at the 
 address given by hint in his affidavit made on paying in 
 the money, and such application was granted.** A learned 
 writer, however, suggests that service might have been 
 effected at the place appointed for that purpose in the affi- 
 davit without any special leave being obtained^ and that if 
 the attention of the Court had been drawn to the point it 
 would probably have been so determined.* 
 
 13. Where a person purchased an estate subject to a 
 pecuniary charge, it was held that he was not entitled to 
 pay the amount of the charge into Court.* 
 
 14. No order is necessary for the payment of the money 
 into Court.* 
 
 15. Where trustees pay a fund into Court, it will be held 
 that they have given up their trusteeship, and a power 
 authorising the appointment of new trustfees, in case the 
 old trustees " be desirous of being discharged," will apply 
 to such a case.^ 
 
 16. A trustee who has committed a breach of trust, and 
 who upon its discovery pays the money in hi^ hands into 
 
 ' Smitli's Ch. Pr. 669 ; judgment of * Be Buoldey'a Trast, 17 Beav. 110; 
 
 Alderson, B., Fowler v. Churchill, s. c. 22 Law J. (Ch.) 934 ; 17 Jur. 478. 
 
 2 Dowl. (N. S.) 768 ; Arch. Q. B. « ife Biggs, 11 Beav. 27 ; s. c. 11 
 
 Pr. 500. Jur. 958. 
 
 2 Ex pwrte Baugham, 16 Jur. 325, « Be Bailey's Trust, 3 W. R. 31, V. 
 M. R. C. K. ; ife WiUiams' Settlement, 4 K. 
 
 3 Darling, 49. & J. 87 ; s. o. 32 Law T. 9. 
 
 M 
 
162 TaUSTEEs' BELIEF ACTS. 
 
 Court, will not thereby be discharged from the conse- 
 quences of his conduct.* 
 
 17. Where trustees, who received notice that a bill would 
 be filed against them, charging them with breaches of 
 trust and seeking an account, paid a fund into Court, on 
 a petition for payment of the money out of Court, they 
 were refused their costs. ^ 
 
 18. Where trustees paid a fund into Court on the 
 ground that new trustees were not properly appointed, 
 and it was decided upon petition for payment of the money 
 out of Court, that it was competent for the cestui que trust 
 to appoint two trustees only, it was held, that the old 
 trustees were not justified in paying the money into Court, 
 and they were ordered to pay the costs thereby occasioned, 
 and their costs of the petition.^ 
 
 19. In. order to indemnify a trustee or executor who 
 lodges funds in Court under these Acts, the funds must 
 be placed to the credit of a particular trust. The Court 
 will not make an order when the funds have been 
 improperly lodged.* 
 
 20. Trustees may discharge themselves whenever they 
 please by paying the money into Court.^ 
 
 21. Where the surviving trustee of stock was an infant, 
 who was also beneficially entitled, the Court ordered the 
 fund to be brought into Court under these Acts.® 
 
 22. Where an executor paid into Court a legacy be- 
 queathed to a married woman, not specifically set apart or 
 appropriated, the husband and wife being abroad, and the 
 
 ' Attorney-General v. Alford, 2 Sm. Se Godfrey's Trust, 2 Ir. Ch. Rep. 
 
 & G. 488; s. c. 18Jur. 592; on App. 4 105. 
 
 De G. M. & G. 843 ; s. c. 3 W. E. 200. « Be Croyden's Trust, 19 Law J. (Ch.) 
 
 ' ^Waring, 21 Law J. (Oh.) 784; 172 ; s. e. 14 Jur. 54, V. C. of Eng- 
 
 s. c. 16 Jur. 662, V. 0. K. land ; MitcheU v. Cobb, 17 Law T. 25, 
 
 3 Re Fagg's Trust, 19 Law J. (Ch.) V. C. Lord Cranworth. 
 
 176, V. C. of England. e ^ pjtt, i Jur. (K S.) 1166; s. c. 
 
 " M Joseph's Will, 11 Beav. 625 ; 26 Law T. 136, V. C. S. 
 
PAYMENT OF FUNDS INTO COURT. 163 
 
 husband requiring it to be paid under a power of attorney; 
 it was held, that the executor had a right so to pay in the 
 fund, his costs of paying in to be out of the general estate, 
 and his costs of appearing on a petition to pay out the 
 legacy, out of the legacy.^ 
 
 23. A person being entitled in remainder to 500/. under 
 a will, makes an assignment for the benefit of his creditors 
 and becomes insolvent. The legacy falls into possession, 
 and he sends a written notice to the surviving executor of 
 the will, not to pay it to any one but himself. A claim is 
 also made by the trustees of the deed, and the executor 
 pays the 500/. into Court under these Acts. Upon a 
 petition for payment out of Court, asking the costs against 
 the executor, it was held that he was justified in paying 
 the money into Court, and must have his costs.^ 
 
 24. The payment into Court under these Acts, prior to 
 the Charitable Trusts Act, 1853, does not constitute such 
 " a suit or matter actually pending," as to reheve a party 
 from the ' necessity of obtaining the consent of the 
 Commissioners under the latter Act to a subsequent 
 apphcation.^ 
 
 25. Where a fund is paid into Court to the general 
 account of a will, the Court will order it to be carried to 
 the separate account of the person named in the trustee's 
 affidavit as the only person entitled to such fund, and 
 it is not necessary previously to change the title of the 
 account.* 
 
 26. Where a tenant for life had a power to sell but 
 not to give receipts for the purchase money, it was sug- 
 gested by the Court, that the difficulty might be removed 
 by the donee of the power selling the property, and the 
 
 1 He Jones, 3 Dr. 679 ; s. c. 5 W. ' ife Markwell's Legacy, 17 Beav. 
 W. 336. 618. 
 
 2 Be Headington's Trust, 27 Law 3. * Re Coulson's Trust, 4 Jur. (N. S.) 
 (Ch.) 176 ; s. c. 6 W. B. 7, V. C. K. 6, V. C. W. 
 
 m2 
 
164 trustees' belief acts. 
 
 purchaser paying the purchase money into Court under 
 these Acts, by which means a good title would be con- 
 ferred, and the purchaser might then safely complete his 
 purchase.^ 
 
 27. It may be desirable to notice that a mortgagee of 
 real estate selling the mortgaged property under a power 
 of sale of the ordinary description holds the surplus pro- 
 ceeds of the sale upon a trust within the meaning of the 
 Act. He is therefore at liberty to pay the money into 
 Court, if the title to it is in dispute, as is not unfre- 
 quently the case.'* 
 
 28. Where trustees have a , discretionary power over a 
 fund which they pay into Court, such power is thereby 
 gone, and even the Court cannot exercise it.^ 
 
 29. Where the assignee of a reversionary interest in a 
 trust fund gives notice of his assignment to the trustee, 
 and the trustee afterwards pays the fund into Court under 
 these Acts, setting out in his affidavit the notice so given, 
 the assignee should also obtain a stop order.* 
 
 30. Where trustees cannot ascertain who are all the 
 cestuis que trust, it is their duty to pay the fund into Court, 
 and immediately give notice of the fact to such cestuis 
 que trust as they know of, and the request of one of the 
 parties beneficially interested that the trustees should be 
 petitioners is insufficient without such notice.® 
 
 31. A trustee who pays money into Court under these 
 Acts is thereby discharged against the claims of all the 
 world. Where, therefore, a party claims to be entitled 
 to a share of such a fund, although not included in the 
 usual affidavit made on the fund being paid in, he must 
 
 1 Cox V. Cox, 1 K. & J. 251. •• Be Miller's Trusts, 6 W. E. 238, V. 
 
 ' Darling on the Act, 10 ; ite C. K. 
 
 Clarke's Trust, 20 Law T. 153, V. C. « Jfe Hutchinson's Trusts, 1 Dr. & 
 
 Parker. Sm. 27 ; s. c. 8 W. E. 253 ; 29 Law J. 
 
 3 He Coe's Trusts, 4 K. & J. 199. (Ch.) 356 ; 6 Jur. (N. S.) 136. 
 
PAYMENT OF FUNDS OUT OF COURT. 
 
 165 
 
 obtain the leave of the Court to file a bill in respect of 
 such claim, and his right will not be declared on petition,' 
 32. It would appear that trustees are always justified 
 in not paying money into Court, as it may turn out there 
 was no occasion for so doing.'* 
 
 Section III. 
 The Payment or Transfer of Trust Funds out of Court. 
 
 1. Where petition by some of parties 
 entitled, prayer should be that other 
 shares should he carried to separate 
 account. 
 
 2. Where parties numerous, service on 
 all may be dispensed with. 
 
 3. On petition for transfer to matter of 
 VwnAicy, service on trustees is not 
 
 4. Bepresentatives of deceased trustee 
 need not be served. 
 
 5. Trustees themselves should not pre- 
 
 6. Unless necessary for purpose of deal- 
 ing unth amoth^r fund. 
 
 7. Statements of affidamt should be set 
 out in petition. 
 
 8. Court may set aside deed on a pe- 
 tition wilder these Acts. 
 
 9. Matter may be decided as if on bill. 
 
 10. Sum directed to be paid out to e^- 
 ecidors on discovery of debts and 
 liabilities. 
 
 11. Cestuis que trust not to bear costs of 
 inquiries. 
 
 12. Effect of Act is to place Oov/rt im 
 position of trustees. 
 
 13. Court may deal uiith adverse i/ntc- 
 
 \i. Assignees of bankrupt husband di- 
 rected to be served under the cir- 
 eumstances. 
 
 15. Accruing instalments directed to be 
 paid to petiiioners. 
 
 16. Where several matters of relief, bill 
 may be very properly filed. 
 
 17. Fu/nd paid in to account of deceased 
 person, legal personal representative 
 must be served. 
 
 18. Where settlement prepared but not 
 eaieeuHed, trustees justified in paying 
 mMiey into Cowrt. 
 
 19. Pan'tij homing remote interest camnot 
 insist on fv/nd remaining in Court. 
 
 20. Payment may be directed to parties 
 not petitioners. 
 
 21. CouH viill not direct bill from mere 
 facility of proof, 
 
 22. Application for maintenance of per- 
 son of unsound mind must be made 
 to Lord Chancellor, 
 
 23. Dividends directed to be paid to 
 father of person ofumsonmd mind. 
 
 24. Fv/nd belonging to Iwiatie directed 
 to be invested in government an- 
 
 25. Infant made ward of Cowrt on order 
 for panjme/nt of part- of dividends 
 for her ma/i/ntenamoe. 
 
 26. A prospective order will be made, 
 
 27. As to " matter aetually pending." 
 
 28. On urritten request from clairmmts 
 ' abroad, da'cumng up of order mil 
 
 ' JRe Jephson, 1 Law T. (N. S.) 5, ^ Mountain v. Young, 18 Jur. 769, 
 V. C. W. V. C, W. 
 
166 
 
 TEUSTEES RELIEF ACTS. 
 
 29. Payment out cimnot be resisted on 
 growad of Mil about to be filed. 
 
 30. Cowrse pursued vihere fwnd paid 
 in to a general account. 
 
 31. Where claim made by party adverse 
 to settlement. 
 
 32. Petition allowed to be amended by 
 praying declaration of rights. 
 
 33. Notice to husband dispensed with 
 VMiderr the drcimistances. 
 
 34. Persons entitled to other shares need 
 not be served. 
 
 35. Where successive tenants for life. 
 
 36. Fund may be dealt with as in ad- 
 ministration suit. 
 
 37. Quardiam, ad litem to infant must 
 be appointed. 
 
 38. Accountant - General's certifUxUe 
 sJwuld be in Court. 
 
 , 1. Where several persons are entitled to a sum of 
 money which has been paid into Court under these Acts, 
 and a petition is presented by some of the parties entitled, 
 the prayer should be that the other shares should be carried 
 to the separate account of the other parties entitled, in 
 order to save expense in serving the petition on future 
 applications.^ 
 
 2. Where the parties are very numerous, service on all 
 of them may be dispensed with. In one case where the 
 parties who claimed the fund were ten descendants of the 
 testator's sons, and upwards of seventy descendants of the 
 testator's brothers and sisters, the Court ordered that two 
 of the descendants of each son and two of the descendants 
 of each of the testator's brothers and sisters should be 
 served with the petition.'' 
 
 3. Where a fund paid into Court has been transferred 
 over to the separate account of a lunatic, on a petition to 
 have the fund transferred to the matter of the lunacy, 
 service on the trustees is not necessary.' 
 
 4. It has been suggested, that if the trustee is dead 
 when the petition is presented, there is no occasion to 
 serve his representative, if the costs incurred in paying in 
 
 1 Re Hawke's Trust, 18 Jur. 33, V. 
 C. K. 
 
 ' Re Colson's Trust, 2 W. R. Ill, 
 v. C. W. See also Re Twemlow's Trust, 
 
 June lOtL, 1854, V. G.W., cited, Tripp's 
 Chancery Forms, 90 ; Darling, 48. 
 3 Be Young, 5 "W. R. 400, L. L. J. 
 
PAYMENT OF FUNDS OUT OP COURT. 167 
 
 the .fund were either deducted before it was paid in, or 
 have been discharged on some previous occasion.' 
 
 5. The trustees who have paid the fund into Court 
 should not themselves present a petition for its distribu- 
 tion. Where a petition was so presented, the Court, in 
 order to discourage such petitions, gave the trustees only 
 such costs as they would have had if served with a proper 
 petition, that is, respondent's costs.'' 
 
 6. If a trustee, however, having occasion to deal with 
 another fund, the dfstribution of which is dependent upon 
 the manner in which the fund he has paid into Court may 
 eventually be distributed, should find that fund remain 
 undistributed, and the whole question allowed to be hung 
 up indefinitely, a petition in such a case may very properly 
 be presented by the trustees.' 
 
 7. In petitions presented under these Acts, the principal 
 statements of the affidavit made on payment of the fund 
 into Court should be set out in the petition. The state- 
 ment in the affidavit is the only declaration of trust under 
 which the Court acts, and it is very inconvenient where 
 such a statement is not upon the petition.* 
 
 8. It would appear that the Court has power on a 
 petition presented under these Acts to set aside a deed 
 having reference to the fund in question.^ 
 
 9. If there are creditors or other unascertained claims, 
 a suit may be necessary to determine the rights of the 
 parties to a fund paid into Court under these Acts ; but 
 where there is no such question, and all parties are 
 
 1 Darling, 46, 47. 244 ; Re Flack's Trusts, 10 Hare, App. 
 
 5 Be Cazneau, 2 K. & J. 249 ; s. c. 30. 
 
 2 Jur. (N. S.) 157 ; and sn^ nom. Jle * He Bloye's Trusts, 1 M. & G. 488 ; 
 
 Housman's Trust, 4 W. R. 274. s. c. 2 Hall & T. 140 ; 14 Jur. 49 ; 19 
 
 3 iii,i^ Law J. (Ch.) 89 ; and s. o. on App. 
 
 * Be Levett's Trust, 5 De G. & S. sub rum. Lewis v. Hillman, 3 H. L. 
 
 619 ; s. c. 16 Jur. 1063 ; 19 Law. T. Cases, 607. 
 
168 trustees' belief acts. 
 
 before the Court, it has jurisdiction, upon petition, to 
 decide the matter, just as if it were a suit ; and, if neces- 
 sary, the Court can direct an issue to try any question as 
 to sanity, or the like, that may arise.* 
 
 10. Where an executor had paid into Court the sum of 
 1915/., the balance of the testator's estate, but afterwards 
 discovered that debts and liabilities to a considerable 
 amount remained undischarged j on a petition for such pur- 
 pose being presented, the Court ordered that the same sum 
 of 1915/. might be paid out to him, in order that he might 
 apply it in discharge of such debts and liabilities, on the 
 petitioner undertaking properly to apply the fund.* 
 
 11. It would appear, that the cesfuis que trust are en- 
 titled to have their shares paid to them free from the costs 
 of the inquiries which are necessary to ascertain who are 
 entitled to the fund.* 
 
 13. The effect of these Acts is to place the Court in the 
 position of the trustees. The Court, therefore, may do 
 what the trustees might have done. Where, therefore, a 
 petition was presented by the guardians of the poor of the 
 Brentford Union, praying that so much as might be neces» 
 sary of a sum of 360/. £3 5s. per cent. Bank Annuities 
 transferred into the name of the Accountant-General by 
 the executors of Mary TJpfnll deceased, might be sold to 
 reimburse to the said guardians a sum of 156/. 14*., ex- 
 pended by them in the support and maintenance of Charles 
 Upfull, a lunatic, an order was made in the terms of the 
 prayer of the petition, on the ground that, supposing the 
 fund to have remained in the hands of the trustees, they 
 might, under the authority of the latter part of the 27th 
 section of the Act 7 & 8 Vict. c. 101, have paid such sum 
 
 1 M AUeii's Will, Kay, App. 51. Jur. 263. 
 
 2 Bx parte Touniay, 3 De G. & S. 3 ^ Sharpe's Trust, 16 Sim. 470; 
 577 ; s. c, 19 Law J, (Ch.) 267 ; 14 s. c. 17 Law J. (C&,) 395 ; 12 Jur. 492. 
 
PAYMENT OF FUNDS OUT OF COURT. 169 
 
 to the guardians of the poor, whose receipt would have 
 been a good discharge.^ 
 
 13. The Court may deal with adverse interests on 
 petition under these Acts. Therefore, where a mortgagee 
 asserted his title to the dividends of a fund in Court, in 
 opposition to the petitioners who claimed the same under 
 the terms of a marriage settlement, it was held that there 
 was no need to postpone the case in order to put it in any 
 other train for decision, but the Court might dispose of the 
 question on petition.^ 
 
 14. A married woman, having an absolute power of 
 appointment over a reversionary fund, with the concurrence 
 of her husband appointed such fund to mortgagees, who 
 sold her interest in the same under a power of sale in the 
 mortgage. The tenant for life having died, the trustees 
 of the fund paid the same into Court, and the purchasers 
 applied for transfer to them of such fund. The husband 
 of the married woman had become bankrupt, but only the 
 trustees had been served with the petition. The Court 
 made the order according to the prayer of the petition, but 
 directed that it should not be drawn up for a fortnight, 
 and that the trustees should forthwith serve the assignees 
 of the bankrupt with notice that the fund would be paid 
 out of Court at the end of that period, unless the assignees 
 should in the meantime appear and object.^ 
 
 15. The sum of 10,000/., the purchase money of an 
 estate, was payable by instalments. The trustee of a 
 settlement, who had received three^eighth shares of two 
 instahnents of the purchase money, paid the same into 
 Court, The petitioners prayed for the payment out of the 
 
 1 Be UpfiiU's TiTist, 3 M. & G-. 281. Trust, 2 W. E. 436, V. C. K. 
 This case was followed in Be Parker, ^ jj^ Dalton, 1 De G. M. & G. 265. 
 
 2 W; R. 139 ; and Be Ward's Estate, ^ Ex parte Stutely, 1 De G, & S. 
 
 2 Ibid. 406, V. C. W. ; and ife Brewery's 703. 
 
170 trustees' relief acts. 
 
 fund in Court, and also, that in order to save expense, the 
 future three-eighth shares of the accruing instalments of 
 the unpaid purchase money, instead of being paid into 
 Court, might be declared payable to the petitioners accord- 
 ing to their rights. The Court declared the rights of the 
 petitioners, and also directed that the trustee should pay 
 the accruing shares according to the rights so declared.^ 
 
 16. Where there are several matters of relief sought 
 which cannot be dealt with upon a petition under these 
 Acts, a bill may very properly be filed.'' 
 
 17. A fund paid in under these Acts to an account 
 entitled "the estate of a deceased person" wilt not be paid 
 out without the presence of his legal personal reprcr 
 sentative, and an admission of assets by him. Adminis- 
 tration having been taken out to remove the difficulty, the 
 trustees were allowed their costs, and the costs of the 
 administration were given out of the fund.^ 
 
 18. A husband expressed a wish to make a settlement 
 of a sum of money, which was in the hands of a trustee, 
 for his wife. A settlement was accordingly prepared ; but 
 disputes arose, and it was not executed, and the husband 
 and wife required the trustee to pay the money to them. 
 The trustee paid the money into Court. It was held that 
 the husband and wife were entitled to receive the money 
 out of Court, but that the trustee was entitled to his costs 
 in the whole matter.* 
 
 19. The intention of these Acts was not that money 
 paid into Court should remain there, but for the present 
 relief of trustees. A party having a remote or partial 
 interest had no right to say, " This fund shall remain in 
 
 ' Be Wright's Settlement, 1 Sm. & M. E. 
 G. App. 5. i Re Bendyshe, 3 Jur. (N. S.) 727 ; 
 
 ' Thorp V. Thorp, 1 K. & J. 438. s. c. 5 W. R. 816, V. C. K. 
 ' Re Edwards' Estate, i W. R. 801, 
 
PAYMENT OF FUNDS OUT OP COURT. 171 
 
 Court; " he must be satisfied with the responsibiUty of the 
 trustees.' 
 
 20. The Court having the same jurisdiction under these 
 Acts as on a bill, will direct the payment and distribution 
 of the fund to parties who may not be petitioners.'^ 
 
 21. The Court will not direct a bill to be filed merely 
 because in a suit many facts, pedigrees, deaths, &c,, would 
 be admitted, which on a petition would require to be 
 proved.' 
 
 22. A fund producmg upwards of 200/. a year, belonging 
 to A. B., a person of unsound mind, though not so found 
 by inquisition, was paid into Court under these Acts, 
 A petition for the application of the income towards his 
 maintenance was refused, the Court intimating that the 
 apphcation should be made to the Lord Chancellor in 
 lunacy.* 
 
 23. An order was made by the Master of the Rolls 
 directing dividends of a sum in Court belonging to a 
 person of unsound mind, though not so found by inqui- 
 sition, to be paid to her father for her maintenance.* 
 
 24. A fund paid into Court under these Acts belonging 
 to a lunatic, was ordered to be invested in the purchase of 
 a government annuity for his life.® 
 
 25-. Where money belonging absolutely to a young 
 lady under age was paid into Court, and an order was 
 made upon petition for payment of part of the dividends 
 to her testamentary guardian for her maintenance, in pur- 
 suance of an order for aii allowance for her maintenance 
 made upon an application at chambers, it was held that 
 
 1 He Lloyd's Trust, 2 W. R. 371, * Re Irby, 17 Beav. 334. 
 V. C. K. ^ Ra Berry, 13 Beav. 455. 
 
 2 Re Woollard's Trust, 18 Jur. 1012, e ^ Dodsworth's Trust, 10 Hare, 16. 
 V. C. W. See also, Re. Ward, 29 Law J. (Ch.) 784, 
 
 3 Re Harris's Trust, Ibid. 721 ; s. c. L. L. J. 
 2 W. R. 442, V. C. W. 
 
172 trustees' relief acts. 
 
 the infant was, by these proceedings, maSe a ward of 
 Court.i 
 
 26, A prospective order will be made for payment' by 
 the Accountant- General to the tenant for life of the income 
 of money to be afterwards paid into Court to the same 
 account.'' 
 
 37. A petition praying for a scheme for the application of 
 trust moneys paid into Court under these Acts, is " an appli- 
 cation in a suit or matter actually pending " within the 
 exception in the 17th section of the Charitable Trusts Act.^ 
 
 38. Upon a written and reasonable application from 
 claimants residing abroad, the Court will make the order, 
 but will postpone the drawing up of the same for a certain 
 period, so as to give the claimants a reasonable time to 
 bring forward their claim.* 
 
 39. Trustees who have paid a fund into Court cannot 
 prevent its being paid out to the cestui que tncst absolutely 
 entitled to it, on the ground that he is about to file a bill 
 against them to take the accounts of the trust. Trustees 
 have a right to some sort of discharge from their cestuis 
 que trust, not perhaps a release, unless the instrument 
 creating the trust was under seal ; and trustees, between 
 whom and their several cestuis que trust disputes have 
 arisen as to the amount actually due to them respectively, 
 are justified in: paying into Court to the separate account 
 of each cestui que trust the sum to which they believe him 
 to be entitled, and may have their costs of making such 
 payments out of the respective funds.' 
 
 30. Where a fund had been paid in to an account 
 
 ' ife Hodges' Settlement, 3 K. & J. 31 Law T. 112 ; 6 W. R. 434. 
 
 813 ; s. c. 3 Jur. (N. S.) 860. * Be Hodson's "WiU, 22 Law J (Ck ) 
 
 2 Se Chamberlain, 22 Beav. 286. 1055 ; s. c. mJ nom. Bn Hodgson's 
 
 ' ife St. Giles' and St. George's, Trust, 18 Jur. 786 ; 2 "W. R. 539 V 
 
 Bloomsbury, 25 Beav. 313 ; s. c. 27 C. W. ' 
 
 U^ J. (Ch.) 660 ; 4 Jur. (N, S.) 297 ; '= ife Wright's Trusts, 3 K. & J. 419. 
 
PAYMENT OF FUNDS OUT OF COURT. 173 
 
 intituled "The trusts of the Will of J. Robinson, de- 
 ceased," and an application was made by the nine children 
 of the testator, all of whom were adult and sui juris, and 
 claimed as residuary legatees, the Court declined to pay to 
 the residuary legatees a sum which had been paid in to so 
 general a trust. After consideration of the will, however, 
 the fund was directed to be carried over to an account 
 intituled " The Account Residue," subject to the particular 
 legacies, and then the residuary legatees claiming would be 
 in a position 'to assert'their rights.* 
 
 31. Where money was paid into Court by the trustees 
 of a marriage settlement, and a petition was presented for 
 payment of the money by a party who claimed by a title 
 adverse to the settlement, it was held that a bill must be 
 filed, as the Court would not adjudica.te upon a conflict 
 between claimants supporting and disputing the settle- 
 ment.'^ 
 
 32. A petition praying the payment out of Court under 
 these Acts of a small sum to the petitioners in certain 
 shares, to which they were held not entitled on the true 
 construction of a will, was allowed to be amended by the 
 addition of a prayer for the declaration of the rights of all 
 parties, and payment accordingly; and subject to such 
 amendment, an order was made containing such a declara- 
 tion, and for payment in conformity therewith.' 
 
 33. Where trustees paid into Court a reversionary fund 
 which had fallen into possession since the death of a 
 married woman who was entitled thereto, it was held that, 
 upon production of a full affidavit as to unsuccessful 
 inquiries for the husband, who had gone to Australia in 
 
 1 M Robinson's Trust, 1 Jur. (N. S.) L. L. J. 
 750 v. C. W. ^ -Ss Walker's Trusts, 16 Jur. 1154, 
 
 ^' Be Fozard's Trust, 24 Law J. (C!li.) V. C. S. 
 441 ; s. e. 25 Law T. 5 ; 3 AV. R. 341, 
 
174 trustees' eelief acts. 
 
 1850, and had not since been heard of, the Court would 
 dispense with notice to the husband.^ 
 
 34. A share of funds in Court may be paid out to a 
 party entitled to it, in the absence of parties entitled to the 
 other shares.^ 
 
 35. Where a fund which has been paid into Court is 
 settled on two successive tenants for life, an order may be 
 made for payment of the dividends to the first tenant for 
 life, and on proof of his death to the satisfaction of the 
 Accountant- General, to the second tenant for life without 
 any further petition.^ 
 
 36. A trustee who has paid a sum of money into Court 
 under these Acts, may afterwards apply by petition that 
 the fund may be dealt with as in an administration suit.* 
 
 37. Upon a petition for payment out of Court of a share 
 in a fund standing to a general account in which infants 
 are interested, it is necessary that a guardian ad litem of 
 the infants should be appointed, on whom the petition 
 must be served.^ 
 
 38. The Accountant-General's certificate of the amount 
 of the fund standing in Court should be in Court on the 
 hearing of the petition.® 
 
 1 ite Hansford, 7 "W, E. 199, 254, M. E. 
 
 V. C. AV. * ife Trower's Trust, 1 LawT. (K S.) 
 
 2 B£ Befford's WiU, 21 Law T. 164, 54, V. C. W. 
 
 V. C. K. , sife Ward's Will, 2 Giff. 122 ; s. c. 
 
 3 Re, How's Trust, 15 Jiir. 266, V. C. 6 Jur. (KT. S.) 441 ; 2 Law T. (N. S.) 82. 
 K. B. ; ife Brent's Trusts, 8 "W. E. 270, « Darling, 50, note. 
 
COSTS OF PROCEEDINGS. 
 
 175 
 
 Section IV. 
 Costs of Proceedings under these Acts. 
 
 1. Trustee or executor served entitled to 
 costs of appearing. 
 
 2. Where it plainly appears who are 
 entitled, trustees, (hough served, 
 should not appear. 
 
 3. Oircwmstamce thai advice of counsel 
 taken importwnt. 
 
 4. Where petition not served on those in 
 remainder, costs not paid out of 
 capital. ' 
 
 5. Costs of second petition not allowed. 
 
 6. Where conduct of trustees oppressive, 
 they must pay the costs. 
 
 7. On petition by tenant for life for 
 payment of dividends, costs uiill be 
 paid out of corpus. 
 
 8. £ut when for. benefit of tencmt for 
 life, out of dividends. 
 
 9. Costs occasioned by act of any of the 
 parties not allowed. 
 
 10. On payment into Court by exeeruiors, 
 their costs directed to come out of 
 residue; but costs of other parties 
 out of fund. 
 
 11. Costs out of pa/rtiaular fund where 
 difficulty solely relates thereto. 
 
 12. Where probaMlily of question being 
 raised, trustees allowed their costs. 
 
 13. Service on trustee only, sufficient 
 v/nder the circwmMaaiees. 
 
 14. Parties who claim no interest ought 
 not to appear. 
 
 15, 
 
 16 
 
 Copyhold Commissioners entitled to 
 costs of appearance. 
 Coats of incumbrancers not allowed 
 umder the ci/rcwmsiances. 
 
 17. Costs of person, who gave notice of 
 claim not allowed. 
 
 18. Costs of obtaining payment of a 
 share m a legacy wUl not he thrown 
 on the others. 
 
 19. Costs of copies of affidavits taken by 
 trustees will not be allowed. 
 Costs of payment out of particular 
 legacy loill not be thrown on ganeral 
 residua/ry estate. 
 Lapsed shares directed to hear costs 
 
 20, 
 
 21, 
 
 22. Trustees houmd to make in^quiries as 
 
 to parties entitled. 
 
 As to vexatious payment into 
 
 Cou/rt. 
 
 Where suit instituted instead of pay- 
 ment into Court. 
 
 Where trustee paidfumd into Court 
 
 because other trustees declined to give 
 
 release. 
 
 Where trust fund paid in because 
 
 new trustee objected to. 
 27. Costs wider the circumstances out of 
 
 23. 
 
 24. 
 
 25, 
 
 26. 
 
 28. Costs of paying in included in order 
 for taxation. 
 
 1. As a general rule, a trustee or executor who has paid 
 a fund into Court under these Acts, and who is served 
 with the petition and appears, is entitled to his costs, as 
 between soUcitor and client.* Indeed, where any diflaculty 
 presents itself, the trustee or executor is bound to attend 
 and assist the Court in the distribution of the fund.'^ 
 
 1 Re Erskine's Trusts, 1 
 302. 
 
 K. & J. ^ -B« Cawthome, 12 Bear. 56 ; s. c. 
 18 I.aw J. (Ch.) 116. 
 
176 trustees' relief acts. 
 
 2. Where, however, it plainly appears who are the par- 
 ties entitled to the fund, though the Court will not in such 
 a case withhold from the trustees the costs of paying the 
 money into Court, on account of the large terms of the 
 Act, yet they will not be allowed their costs of appearing 
 on the petition for payment out of Court; for, although 
 served, they are not bound to appear.* 
 
 3. The argument that trustees have acted only on the 
 advice of counsel is of importance, and is much attended 
 to on the question of costs, where the trustees appear to 
 have taken the opinion of counsel with reference to the 
 rights of several cestuis que trust inter se ; but the circum- 
 stance that the advice of counsel was clearly only taken as 
 to the course to be adopted by the trustees for their own 
 interest alone, will not weigh with the Court.** 
 
 4. Where a petition is presented by the tenant for life 
 for payment of the dividends to him, and the same is not 
 served on those claiming in remainder, the costs will not 
 be directed to be paid out of the capital.^ 
 
 5. Where a petition was presented by trustees for the 
 distribution of a fund paid by them into Court, and a 
 second petition was presented by the assignees in bank- 
 ruptcy of one Joseph Cazneau, to whom the fund had been 
 bequeathed, the Court, though it disapproved of the course 
 pursued by the trustees, and allowed -them only re- 
 spondent's costs, yet held that after the petition by the 
 trustees had been filed, and the Court had acquired juris- 
 diction to declare the rights of the parties, the assignees, 
 having notice, had clearly no right to burthen the estate 
 with more costs. The Court therefore ordered that they 
 
 ' i2« Covington's Will, 1 Jur. (N. S.) ^ tU Hemiiig's Ti-usts, -uU swpra. 
 1167 ; s. c. 25 Law J. (Ch.) 238, V. » Ex parte Fletcher, 17 Law X (Oh.) 
 
 C. S.,; JJe Hemiiig's Trusts, 3 K. & J. 169; s. c. 12Jur. 619, V. C. K. B. ; Sb 
 
 40 ; 3. u. 26 Law J. (Ch.) 106 ; 2 Jur. parte Peart, 17 Law J. (Ch.) 168 ; s u 
 
 (N. S.) 1186 ; 5 W. E. 83, 12 Jur. 620, V. C. K. B. 
 
COSTS or PROCEEDINGS. 177 
 
 should pay the costs of their petition, and allowed the 
 executors their costs of appearing on that petition out of 
 the fund.* 
 
 6. Where the conduct of the trustees has been oppres- 
 sive, they will have to pay the costs of the petition. 
 Therefore, where a trustee, instead of paying the fund 
 into Court at once, led the petitioners into expenses for 
 months in going into evidence to satisfy him, and then, 
 while the petitioners were still ready to produce further 
 evidence if that shoWd be insisted on, suddenly paid the 
 money into Court, the trustee was ordered to pay the costs 
 of the petition.'* 
 
 7. On a petition presented by a tenant for life, for the 
 general benefit of the trust, for payment of the dividends of 
 a fund in Court under these Acts to him for life, the costs 
 of such a petition will be directed to be paid out of the 
 corpus of the fund.* 
 
 8. Where the petition, however, is merely for the benefit 
 of the tenant for life, the costs must be paid out of the 
 dividends.* 
 
 9. Where the costs have been occasioned by some act 
 of any of the parties entitled to or claiming the fund, such 
 costs will not be allowed.^ 
 
 10. Executors paid a legacy into Court under these 
 Acts. All parties except the executors joined in asking 
 that the costs should be paid out of the general estate of 
 
 1 He Cazneau, 2 K. & J. 249 ; 's. c. 2 146 ; s. c. 16 Jur. 770 ; Be Butler's 
 Jur. (N. S.) 157 ; and sub rum. ife Hous- Trust, 16 Jur. 324, M. K. 
 
 man's Trust, 4 W. R. 274, V. C. W. ■• Re Lorimer, 12 Beav. 521 ; s. o. 
 
 2 Be Woodburn's WiU, 5 W. R. 423, 19 Law J. (Oh.) 524 ; 14 Jur. 1126 ; 
 M. R. ; on App. 1 De G. & J. 333 ; s. c. Be Bangley's Tnist, 16 Jur. 682 ; s. o. 
 26 Law J. (Ch.) 622; 3 Jur. (N. S.) 21LawJ. (Ch.)875,V.O. K.; iilelngram, 
 799 ; 5 W. R. 642 ; 29 Law T. 222. 18 Jur. 811 ; s. c. 2 W. E. 679, V. 0. 
 
 s Be Staples' Settlement, 13 Jur. 273, K. ; ife Hadland's Settlement, 23 Beav. 
 V. C. of England; ife Ross' Trust, 1 Sim. 266 ; s. c. 4 W. R. 690 ; Be Hamers- 
 (TS. S.) 196; s. o. 15 Jur. 241 ; 20 Law J. ley's Settlement, 23 Beav. 267. 
 (Ch.) 293 ; Be Field's Tnist 16 Beav. * Be Ross' Trust, ubi mpra. 
 
 s 
 
178 trustees' relief acts. 
 
 the testatrix, and not only out of the fund in Court, or 
 that the Court would direct a bill or claim to be filed, in 
 order so to raise such costs. The Court decided that the 
 executors might take their costs out of the residue, but 
 that the costs of all parties except the executors must come 
 out of the particular fund by force of the provisions of the 
 Act, and that the Court was not justified in directing, a 
 suit to be instituted ; the principle on which costs occa- 
 sioned by the testator's mistake are paid out of the residue 
 being that the estate could not be administered without 
 determining the question ; but now that the executor can 
 pay the fund into Court, he is able to administer the estate 
 on such payment.^ 
 
 11. Where the question is one relating solely to the 
 trust of the particular legacy or sum transferred or paid 
 into Court, the costs must come out of such legacy or sum, 
 as that is the fund which has given rise to the necessity 
 for an application to the Court.'^ 
 
 12. Where trustees paid a sum of money into Court 
 which was claimed by the petitioner as administrator, they 
 were allowed their costs on the ground that there was a 
 probability of a question being raised as to the apportion- 
 ment of the funds by reason of some disposition of the 
 deceased.^ 
 
 13. Where parties were beneficially interested in a fund 
 which had been paid into Court under these Acts, and a 
 petition was presented praying for payment of an annuity 
 out of the dividends thereof, and costs out of the corpus of 
 the fund, it was held that service on the trustee who had 
 paid in the fund was sufficient, without serving the cestuis 
 que trust.'^ 
 
 1 Re Feltham's Trusts, 1 K. & J. 528. s. o. 3 W. K. 134, V. C. W. 
 
 2 ExpwrU Dickson, 1 Sim. (N. S.) 37. ■• Re Greenland's Trusts, X W. R. 46, 
 
 3 Rji Lane'.s Trust, 24 Law T. 181 ; V. C. T. 
 
COSTS OF PROCEEDINGS. 179 
 
 14. If parties claim no interest, or abandon tlieir claim, 
 or their appearance is unnecessary, they ought not to 
 appear, even if served ; and if they do so, they wiU not 
 receive their costs. ^ 
 
 15. Where copyhold lands had been enfranchised under 
 the Copyhold Act, 1853, and the money had, under the 
 provisions of the Act, been paid into the bank to an 
 account intituled "Hx parte the Copyhold Commissioners," 
 it was held that the commissioners were entitled to their 
 costs of appearance on the petition of the lord to have the 
 money invested, although no opposition was offered or 
 objection made to the prayer of the petition.*^ 
 
 16. Where a second incumbrancer, whose debt was 
 greater than the fund in Court, presented a petition stating 
 the other incumbrances, and praying for payment of the 
 fund to himself; and this petition was served on the other 
 incumbrancers, with a notice by the solicitor of the 
 petitioner to each incumbrancer that if he appeared on 
 the petition the payment of his costs out of the fund 
 would be resisted ; it was held that the incumbrancers so 
 served who appeared at the hearing of the petition were 
 not entitled to their costs out of the fund.* 
 
 17. Where a petition for payment out of Court was 
 served on a party who did not appear on the petition to 
 have any claim, but had sent notice of a claim, which she 
 disclaimed on the hearing of the petition, she was not 
 allowed her costs.* 
 
 18. Where legacies given by the same will are paid 
 into Court to distinct accounts, the Court will not throw 
 
 ' ife Smith, Ex •parte Fisher, 3 ^ Ex parte Queen's College, Cam- 
 
 Jur. (N. S.) 659, V. C.W ; Days. Croft, bridge, 6 W. R. 9, V. C. S. 
 
 19 Beav. 518 ; Re Hertford Charity, 3 Roberts v. Ball, 24 L. J. (Ch.) 471, 
 
 Ibid, note ; Re Birch"s Legacy, 2 K. & V. C. S. 
 
 J. 369 ; Re Tyler's Trusts, 4 W. R. 524, ■• Re PaiTy's Trast, 12 Jur. 615, V. 
 
 V. C. W. C. of England. 
 
 h2 
 
180 trustees' relief acts. 
 
 the costs consequent upon obtaining paynaent out of Court 
 of a share in a legacy upon the others, notwithstanding the 
 legacy sought to be charged may have, by death or lapse, 
 become residue.' 
 
 19. Trustees who, having paid trust funds into Court, 
 choose to take copies of affidavits of parties claiming to be 
 beneJScially interested in the fund, will not be allowed the 
 costs of the copies of the affidavits so taken by them.'* 
 
 20. The Court has no jurisdiction to order payment of 
 any of the costs relating to the payment out of Court of 
 the amount -of a particular legacy out of the testator's 
 general residuary estate.^ 
 
 21. Where a sum of stock representing a legacy, five 
 sixteenth shares of which were held to have lapsed, was 
 transferred into Court, it was held that the lapsed shares 
 ought to bear the costs of the petitioners and respondents.* 
 
 23. Where a trustee has trust moneys in his hands, it 
 is his duty to make inquiries as to the parties entitled, and 
 upon sufficient evidence to pay over the moneys to his 
 cestuis que trust. Where a trustee, therefore, without 
 making reasonable inquiries, and without requiring evi- 
 dence as to the title of the parties claiming the funds paid 
 them into Court, he was ordered to pay the costs of paying 
 them in, and of the application for the payment of them out.^ 
 
 23.. A trustee who vexatiously pays trust money into 
 Court will be ordered to pay the costs of the petition for 
 obtaining payment out of the fund.^ 
 
 24. On a suit being instituted with reference to a fund 
 
 1 Re Hodgson's Trust, 18 Jur. 786 ; 106 ; s. c. 15 Jur. 1121. 
 
 s. i;. 2 W. E. 539, 2 Eq. Eep. 1083, * iJe Knight's Trusts, 27 Beav. 45 ; 
 
 V. C. W. s. u. 6 Jur. (N. S.) 326; 28 Law J. (Ch.) 
 
 = iJe Lazarus, 3 K. & J. 555. 625 ; 33 Law T. 54. 
 
 3 ife Bartholomew's Will, 13 Jur. « Re Cater's Trusts (No. 1), 25 Beav. 
 
 880, v. C. of England. 361 ; Re Wylly's Trusts, 8 W. R. 645 ; 
 
 * Re Ham's Trust, 2 Sim. (N. S.) s. o. 6 Jur. 906, M. R. 
 
COSTS OF PROCEEDINGS. 181 
 
 which might have been paid into Court under these Acts, 
 the Coiirt will take this circumstance into consideration in 
 determining the question as to costs. ^ 
 
 25. Where a trustee paid a trust fund into Court merely 
 because other trustees to whom it was payable declined to 
 give a release, he was ordered to pay the costs of obtaining 
 the money out of Court.'* 
 
 26. A trust fund was paid into Court by a trustee upon 
 being informed that a new trustee, to whose proposed 
 appointment he ha^ previously objected, on the ground 
 that he was unknown to him, and believed not to be a fit 
 and proper person, had been appointed joint trustee with 
 him over the fund. It was held that the trustee was 
 entitled to receive his costs upon the petition of the cestui 
 que trust for a transfer of the fund to the new trustees.' 
 
 27. Where the trustees of a legacy, given for the benefit 
 of a lady for life with limitations over, one of such trustees 
 being also the residuary legatee under the will, refused to 
 comply with the request of the tenant for life that they 
 would pay the legacy into Court under these Acts, although 
 she offered to pay the costs of the proceedings for that 
 purpose; and she consequently instituted a suit, and 
 obtained an order for payment of the fund into Court, 
 the costs of such suit were directed to be paid out of the 
 residue.* 
 
 28. On a petition for payment out of Court of a fund 
 paid in under these Acts, the costs of paying in were 
 included in the order for taxation, and the amount claimed 
 by the trustees ordered to be set off against the whole 
 amount at which these costs might be taxed.^ 
 
 ' Smallwoodv. Eutter, 9 Hare, 24. "i Haiidley«.Davis,28LawJ.(Ch.)873; 
 
 2 Be Cater's Trusts (No. 2), 25 Beav. s. c. 5. Jur. (N.S.) 190, V. C. S. 
 
 366. ° -Ke Hue's Trusts, 27 Beav. 337; 
 
 3 Be WiUiams' Trust, 6 W. R. 218, s. c. 7 W. R. 562 ; 5 Jur. (N. S.) 1235,; 
 v. C. W. 33 Law T. 254. 
 
CHAPTER X. 
 
 THE PRACTICE OF SPECIAL CASES. 
 (SIR GEORGE TURNER'S ACT. 13 & U VICT. c. 35). 
 
 1. 
 2. 
 
 •3. 
 
 i. 
 
 B. 
 
 6. 
 
 7. 
 
 8. 
 
 9. 
 10. 
 11. 
 
 12. 
 13. 
 14. 
 
 15. 
 
 16. 
 
 17. 
 
 18. 
 
 19. 
 
 20. 
 
 21. 
 22. 
 .23. 
 
 Olyect of Ad. 
 
 Special case Tuay ie stated for opinion 
 of Court, 
 
 Committee may concur on iehalf of 
 lunatic. 
 
 As to concurrence of husiand amd 
 wife. 
 
 Guardian may concur on behalf of 
 infcmt. 
 
 Special guardian of lunatic or in- 
 fant may ie appointed. 
 Order appointing special gfim/rdiam, 
 may Ie discharged, when. 
 But not to invalidate meme acts. 
 How special case must be intituled. 
 What special case must contain. 
 ConstUutdmi of gucvrdiam, must lie 
 stated. 
 
 Must ie signed iy counsel. 
 As to office copies. 
 
 As to jurisdiction vmder speeialcases. 
 As to setting down special case for 
 
 Where leave to set down case neces- 
 sary. 
 Court may mahe inquiries iefore 
 
 Court may determine questions with- 
 out grwnUng relief. 
 Court, if it thmTc fit, may refuse to 
 decide questions. 
 
 Payment made or act done in pur- 
 suance of declaration valid. 
 As to reliearing or appeal. 
 Special case may be made lis pendens 
 Socii/ments referred to may ie pro- 
 duced and read. 
 
 24. As to rehea/ring appeal ae,d remew. 
 
 25. Practice sarnie as unth reference to 
 bills. 
 
 26. Special case only proper in cases of 
 doubtful construction. 
 
 %1. Where facts complicated special case 
 not convenient. 
 
 28. Parties bound to make full state- 
 ment of facts. 
 
 29. By whom special ca^evMuMyd/rwum. 
 
 30. Signature of cownsel to draft suffi- 
 cient. 
 
 31. Samie counsel- may sign for some of 
 defendamU. 
 
 32. 33. All persons interested must ie 
 made parties. 
 
 34, As to appointment of guardiam, ad 
 litem. 
 
 35. Application on iehalf of infant. 
 ZS." Affidavit in support. 
 
 37. Application for guardian to an in- 
 fant should ie made in Court. 
 
 38. Where father a party no special 
 guardian necessary. 
 
 39. 40. Bow special case to be set down. 
 
 41. As to the liearing of a special case. 
 
 42. Parties may ie added by way of 
 a/mendment. 
 
 43. Special case may ie set down iefore 
 Court of appeal. 
 
 44. Infant rmtst have sepwrate cozmscl. 
 
 45. WJiere on appeal special case not 
 considered in proper form. 
 
 46. Cowrt not iownd to answer every 
 question. 
 
 47. No power to make .binding declara- 
 tions of future rights'. 
 
THE PRACTICE OF SPECIAL CASES. 183 
 
 i8. Preface in order of fast not stated in 
 special case. 
 
 49. All the facts must be stated aiid not 
 infereiices draum^ 
 
 50. Court will not decide interests of 
 persons not parties. 
 
 51. Interests of persons entitled in rever- 
 sion will only be declared wJiere 
 necessary. 
 
 52. Amending special case mi birth of 
 tenant in detail. 
 
 53. Where creditor named as plaintiff. 
 Si, 55, 56, 57, 58. As to costs of 
 
 special cases. 
 59. Better to make costs matter of 
 
 60. Where lower or higher scale of costs 
 allowed. 
 
 1. Undeb, the provisions of the above Act, parties are 
 enabled to bring before the Court any question of doubt 
 or difficulty by means of a special case, and without the 
 formality of a suit. 
 
 2. Any persons interested in any question cognisable in 
 the Court of Chancery as to the construction of any Act of 
 Parliament, will, deed, or other instrument in writing, or 
 any article, clause, matter, or thing therein contained ; or 
 as to the title, or evidence of title to any real or personal 
 estate contracted to be sold, or otherwise dealt with ; or 
 as to the parties to, or the form of any deed or instrument 
 for carrying any such contract into effect ; or as to any 
 other matter falling within the original jurisdiction of the 
 Court as a Court of Equity, or made subject to the juris- 
 diction or authority of the Court by any statute not being 
 one of the statutes relating to bankrupts, and including 
 among such persons all lunatics, married women, and 
 infants, may, in the manner and under the restrictions 
 contained in the Act, concur in stating such question in 
 the form of a special case, for the opinion of the Court ; 
 and executors, administrators, and trustees, may also 
 concur in such case.' 
 
 3. The committee of the estate of any lunatic interested 
 in any question raised under this Act, may, after having 
 been authorised in that behalf by the Lord Chancellor, 
 
 * 1-3 & 14 Vict. c. 35, s. 1. 
 
184 THE PRACTICE OF SPECIAL CASES. 
 
 concur in such case in his own name, and in the name and 
 on behalf of the lunatic' 
 
 4. A husband interested in right of his wife in any 
 question raised under this Act, may concur in a case in 
 his own name and in the name of his wife, where the wife 
 has no claim to any interest distinct from her husband ; 
 and a married woman having any interest in any such 
 question distinct from her husband, may in her own right 
 concur in such case, provided that her husband also concurs 
 therein.'' 
 
 5. The guardian of any infant interested in any question 
 raised under this Act, may concur in such case in the 
 name and on the behalf of the infant, unless such guardian 
 has an interest in such question adverse to the interest of 
 the infant therein.^ 
 
 6. The Court is empowered, by order to be made in the 
 matter of any lunatic not found such by inquisition, or in 
 the matter of any infant upon the application of any person 
 on behalf of such lunatic, or upon the application of such 
 infant by motion or petition, to appoint any person shown 
 by affidavit to be a fit person, and to have no interest 
 adverse to the interest of the lunatic or infant, to be the 
 special guardian of such lunatic or infant, for the purpose 
 of concurring in such case in the name and on behalf of 
 the lunatic or infant ; and any such person so appointed 
 may lawfully so concur. Notice, however, of such appli- 
 cation must be given, if so required, to such person as the 
 Court shall think fit.* 
 
 7. In any case in which any such order shall have been 
 made by the Court in the matter of any infant without 
 notice to the guardian of the infant, the Court, if it shall 
 think fit so to do, may discharge such order upon the 
 
 ' Sect. 2. » Sect. 4. 
 
 « Sect. 3. 4 Sect. 5. 
 
THE PRACTICE OF SPECIAL CASES. 185 
 
 application of such guardian by motion or petition ; and 
 the Court, if it shall think fit, may thereupon appoint 
 some other fit person to be the special guardian of such 
 infant for the purpose of such special case ; and may also 
 give such directions as may be necessary for substituting 
 in such special case either the name of the guardian so 
 applying, or of the special guardian so appointed, in lieu 
 of the name of the special guardian so displaced.' 
 
 8. The discharge, however, of any order appointing a 
 special guardian is not to invalidate anything done in the 
 meantime by such special guardian, unless the Court, upon 
 
 ■ notice to all parties, specially so direct.'* 
 
 9. Every special case must be intituled as a cause 
 between some or one of the parties interested as plaintiffs 
 or plaintiff!, and the others or other of them as defendants 
 or defendant ; and in the title to the case, lunatics and 
 infants must be described as such, and their committees, 
 guardians, or special guardians named ; and where in any 
 case a married woman is named as a plaintiff, and her 
 husband as a defendant thereto, a next friend of such 
 married woman must be named in the title to such case.^ 
 
 10. Every special case must contain a concise statement 
 of such facts and documents as may be necessary to enable 
 the Court to decide the -question raised thereby; and 
 upon the hearing of the case, the Court and the parties are 
 at hberty to refer to the whole contents of the same 
 documents, and the Court may draw from the facts and 
 documents stated in any special case any inference which 
 the Court might have drawn therefrom if proved in a 
 cause.* 
 
 11. Every special case to which an infant or lunatic is a 
 party, by his guardian or special guardian, must also state 
 
 ' Sect. 6. ^ Sect. 7. 
 
 2 Sect. 6, proviso. ■• Sect. 8. 
 
186 THE PRACTICE OP SPECIAL CASES. 
 
 how such guardian or special guardian was constituted; 
 and where any married woman having an interest distinct 
 from her husband is a party to a special case, it should be 
 stated therein that she concurs in such case in her own 
 right.^ 
 
 12. Every special case must be signed by counsel for all 
 parties, and filed in the same manner as bills are filed, and 
 the defendants may appear thereto in the same manner as 
 defendants appear to bills. ** 
 
 13. No defendant is required to take an office copy of a 
 special case, but an office copy thereof must be taken by 
 the plaintiff".^ 
 
 14. After a special case has been filed and the defendants 
 have appeared thereto, all the parties to such special case 
 are subject to the" jurisdiction of the Court in the same 
 manner as if the plaintiff, in the special case had filed a 
 bill against the parties named as defendants thereto, and 
 such defendants had appeared to such bill ; and upon the 
 special case being filed and appearances entered thereto, 
 all parties to the special case other than married women, 
 infants, and lunatics, are for the purposes of such case 
 bound by the statements therein; and married women, 
 infants, and lunatics made parties to a special case are for 
 the purposes of such case bound by the statements therein, 
 when, and not before, leave has been given by the Court to 
 set down such case in manner to be presently mentioned.* 
 
 15. When all the defendants have appeared to the 
 special case, the same may, subject to the provisions con- 
 tained in the Act, be set down for hearing, and subpoenas 
 to hear judgment issued and served, according to the 
 practice of the Court.^ 
 
 16. When any married woman, infant, or lunatic is party 
 
 ' Sect. 9. 2 Sect. 10. 
 
 3 Sect. 10. 4 Sect. 11. * ggct. 12. 
 
THE PRACTICE OF SPECIAL CASES. 187 
 
 to a special case, application may be made to the Court by 
 Inotion for leave to set down the same, of which motion 
 notice must be given to every party to such case in whom, 
 as executor, administrator, or trustee, any property in 
 question therein is or is alleged to be vested in trust for or 
 for the benefit of such married woman, infant, or lunatic ; 
 and also if such appHcation be not made by or on behalf 
 of such married woman, infant, or lunatic, to such married 
 woman and her husband, or to such infant, or to such lunatic 
 and his committee, if any, as the case may be ; and upon 
 the hearing of such motion the Court may give leave to set 
 •down such case if it shall be of opinion that it is proper that 
 the question raised therein shall be determined thereon, and 
 shall be satisfied by affidavit or other sufficient evidence 
 that the statements contained therein, so far as the same 
 affect the interest of such married woman, infant, or lunatic, 
 are true, but otherwise may refuse such application.* 
 
 17. In case the Court, however, upon the hearing of 
 such application shall be of opinion that it is proper that 
 the question raised in such case shall be determined 
 thereon, but shall not be satisfied that the statements 
 contained therein, so far as they affect the interest of such 
 married woman, infant, or lunatic, are true, the Couxt may 
 make such inquiries at Chambers as to the Court shall 
 seem proper, and upon further application being made by 
 motion, may give or refuse leave to set down such case, as 
 to the Court shall seem fit.^ 
 
 18. The Court, upon the hearing of any special case, is 
 empowered to determine the questions raised therein, or 
 any of them, and by decree to declare its opinion thereon, 
 and, so far as the case shall admit of the same, upon the 
 rights involved therein, without proceeding to administer 
 
 1 Sect. 1.3. Sidebolhain v. Watson, V. C. W. 
 1 W. K. 229 ; s. c. 21 Law T. 124, ' Sect, 13, proviso. 
 
188 THE PRACTICE OF SPECIAL CASES. 
 
 any relief consequent upon such declaration j and every 
 such declaration of the Court contained in any sucB 
 decree, shall have the same force and effect as such 
 declaration vpould have had, and shall be binding to the 
 same extent, as such declaration would have been if con- 
 tained in a decree made in a suit between the same parties 
 instituted by bill.^ 
 
 19. If, however, upon the hearing of a special case, the 
 Court shall be of opinion that the questions raised thereby, 
 or any of them, cannot properly be decided upon such 
 case, the Court may refuse to decide the same.'^ 
 
 20. Every executor, administrator, trustee, or other 
 person making any payment or doing any act in conformity 
 with the declaration contained in any decree made upon a 
 special case, shall in all respects be as fully and effectually 
 protected and indemnified by such declaration as if such 
 payment had been made or act done under or in pur- 
 suance of the express order of the Court made in a suit 
 between the same parties instituted by bill, save only as tb 
 any rights or claims of any person in respect of matters 
 not determined by such declaration.^ 
 
 31. Where any person shall be desirous to have a 
 special case re-heard, or to appeal from the decision 
 thereon, the Court is empowered, upon application for that 
 purpose, either at the time of the decree upon such special 
 case being made or at any time afterwards, and upon such 
 conditions, if any, as the Court shall think fit, to order 
 that the declaration contained in such decree shall not be 
 acted upon for such time as the Court shall think just.* 
 
 22. The filing of a special case and the entering of 
 appearances thereto by the persons named as defendants 
 therein, operates as a lis pendens, and may be registered 
 
 ' Sect. 14. 3 Sect. 15. 
 
 2 Sect. 14. « Sect. 16. 
 
THE PRACTICE OF SPECIAL CASES. 189 
 
 accordingly, and unless and until so registered the same 
 has no binding effect on a purchaser or mortgagee without 
 expi'ess notice thereof.^ 
 
 23. Any documents referred to in a special case, and 
 any copies thereof or extracts therefrom identified by the 
 signatures of the solicitors for all parties, or of the London 
 agents of such solicitors, may be produced and read at 
 the hearing of such case without further proof; and the 
 Court is empowered at any time after the filing of the 
 special case and the entering of appearances thereto by the 
 persons named as defendants therein, to order any docu- 
 ment which may be admitted thereby to be in the 
 possession of any party to such case, to be deposited 
 and produced in such manner and for such purposes as 
 the Court shall think fit.'^ 
 
 24. A decree made on a special case is subject to 
 re-hearing, appeal, and review, or may be discharged and 
 varied, in the same and the like manner as decrees made 
 in suits by bill.^ 
 
 25. No rules or orders for regulating the practice upon 
 special cases have hitherto been issued. The practice is 
 therefore governed by the rules and orders of the Court in 
 force at the time of the operation of the Act with 
 reference to suits by biU.* 
 
 26. A special case is only proper for the purpose of 
 obtaining the opinion of the Court on cases of doubtful 
 construction. It is not similar to a suit, as the Court has 
 no power to bind the rights of parties, and the Court will 
 decline to give any opinion upon points which involve 
 disputed rights.* 
 
 1 Sect. 17. Vict. c. 86, s. 52, Wilsons. Whateley, 
 
 2 Sect 18. 9 "W. R. 52 ; s. c. 3 Law T. (N. S.) 316, 
 
 3 Sect. 33. V. C- W. 
 
 * Sect. 32 ; Ayckboum's Ch. Pr. 470. * Bailey v. Collett, 18 Beav. 179 ; 
 On atatement by death an order of s. c. 23 Law J. (Ch.) 230. 
 revivor may be obtained under 15 & 16 
 
190 THE PRACTICE OF SPECIAL CASES. 
 
 27. Where there are but few parties, and those sm 
 juris, and the facts are not complicated, there is no great 
 difficulty in working a special case ; but where the facts 
 are complicated, or the parties numerous, and particularly 
 when any of them are under disability, this course of pro- 
 ceeding presents many difficulties. It must be clearly 
 understood, also, before selecting such a course of pro- 
 ceeding, that the decision of the Court in a special case is 
 only binding as between the parties to the same extent as 
 such a declaration would have been if contained in a decree 
 made in a suit between the same parties instituted by bill.^ 
 
 28. If parties apply to the Court of Chancery for an 
 opinion under the practice of special cases, they are bound 
 to make a true, full, and fair statement of the facts.** 
 
 29. The special case is usually drawn by counsel for the 
 plaintiffs, and settled by counsel for the defendants.^ 
 
 30. The signature of counsel to the draft, in the same 
 manner as to a draft bill, is sufficient.* 
 
 31. The same counsel may sign a special case not 
 only for the plaintiff, but also for some of the defen- 
 dants.^ 
 
 32. All parties beneficially interested in all questions to 
 be determined in a special case, must be made parties, and 
 agree to its being so set down.^ 
 
 33. It would seem, also, that even where, all parties 
 beneficially interested are parties to a special case, the 
 trustees ought nevertheless to be served.' 
 
 ' Drewry, Ch. Pr. 180. 8m Evans v. » Ex parte Craig, 20 Law J. (Ch.) 
 
 Saunders, and Evans v. Evans, 1 Dr. 136 ; s. o. 15 Jur. 763, V. C. K. B. 
 
 415, 654; s. c. 22 Law T. iZ." « Entwistlen. Cannon, 4 W. R. 450, 
 
 2 Bulkeley v. Hope, 25 Law J. (Ch.) V. C. K. 
 
 240, L. L. J. 7 Vorley v. Richardson, 25 Law J. 
 
 3 Drewry, Ch. Pr. 181 ; Ayck. Ch. (Ch.) 335; s. c. 2 Jur. (N. S.) 362 ; 4 
 Pr- 473. W. R. 397, L. L. J. Sed vide contra, 
 
 * Stapleton v. Stapleton, 17 Law T. Darby v. Darby, 18 Beav. 412. 
 15, V. C. Lord Cranwoi-th. 
 
THE PRACTICE OF SPECIAL CASES. 191 
 
 34. The appointment of a guardian ad litem in a special 
 case should be asked for by motion, and not petition.* 
 
 35. An application may be made by an infant for a 
 guardian without a next friend.'^ 
 
 36. The affidavit in support of an application for an 
 order to appoint a guardian to concur on behalf of an 
 infant, ought to be intituled, " In the matter of the Act," 
 and " In the matter of the infant," and Hot " In the special 
 case. ^ 
 
 37. Application fof thq appointment of a guardian to 
 an infant to concur in a special case, should generally be 
 made in Court, and upon proper evidence of the fitness of 
 the party proposed to be appointed, the Court wiU make 
 the order.* 
 
 38. Where a special case, to which infants were parties, 
 stated that A. B., who was also a party to the case, was 
 their father and natural guardian, it was held that it was 
 unnecessary for a special guardian to be appointed by the 
 Court, but that, upon the application to set down the case 
 for hearing, it must be shown by affidavit that the father 
 had no interest adverse to that of the infants.® 
 
 59. The case being approved and signed by counsel for 
 all parties, it is marked with the title of the judge to whose 
 Court it is to be attached, and endorsed with the name and 
 address of the plaintiff's solicitor, in a similar manner to a 
 bill, after which it is engrossed on parchment on a 1/. 
 stamp, and filed with the Clerk of Records and Writs, and 
 at the same time an office copy is bespoken. Notice of 
 filing is then usually given by a note in writing to the 
 defendants' solicitors.^ 
 
 > B& Goodfellow, 1 W. E. 446, V. * Thornhill v. Copleston, 10 Hare, 
 
 C. W. App. 2, 67. 
 
 2 Ex parte Craig, 20 Law J. (Ch.) * Ellis i). Guitton, 18 Law T. 269, 
 136 ; s. e. 15 Jur. 762, V. C. K. B. V. C. P. 
 
 3 Star i>. Newtcry, 20 Beav. 14. « Ayck. Ch. Pr. 473. 
 
192 THE PRACTICE OF SPECIAL CASES. 
 
 40. If the Court gives leave to set down, the order is 
 drawn up in the Register Office, and upon production 
 thereof at the Order of Course Seat, the special case is 
 set down.^ 
 
 41. The Master of the Rolls wOl not hear a special case 
 as a short cause.^ The Vice-Chancellor Wood, however, 
 will do so.^ A special case may be set down to be heard 
 with the petitions.* 
 
 42. Where a special case has been set down for hearing, 
 but before it has been disposed pf one of the parties dies, 
 his representatives may, by amendment pursuant to an 
 order to be obtained for that purpose, be made parties to 
 the case.^ 
 
 43. Special cases may be set down in the first instance 
 before the Court of Appeal.* 
 
 44. Counsel duly instructed must appear on behalf of 
 the infant. The parties may appear by the same solicitor, 
 but the interests of the infant must be protected by sepa- 
 rate counsel.' 
 
 45. Although one of the Vice-Chancellors has made an 
 order upon a special case, when it is appealed from, if the 
 Court shall consider that it is in suth a form, or that upon 
 the facts stated the rights of the parties will not be bound, 
 or that the facts are not fuUy and truly stated, it will refuse 
 to make a declaration upon it, and will discharge the order 
 of the Court below without prejudice.'^ 
 
 46. The Court is not bound to answer any question 
 which the parties may think fit to propound.^ 
 
 ' Smith, Ch. Pr. 659. « Palmers. Simmonds, IW. R. 122, 
 
 » Anon. 1 W. E. 10. V. C. K. 
 
 " Dale V. Atkinson, 28 Law T. 64 ; ' Wriglit v. Woodliam, 17 Law T. 
 
 s. c. 3 Jut. (N. S.) 41, V. C. W. 293, V. C. T. 
 
 ^ExparU Craig, 20 Law J. (Ch.) 136; " Bulkeley v. Hope, 25 Law J. (Ch.) 
 
 s. 0. 15 Jur. 762, V. C. K. B. 240, L. L. J. 
 
 * Ainsworth v. Alman, 14 Beav. ' Barrington v. liddeU, 2 Do G. M. 
 
 597. & G. 480 ; see p. 506. 
 
THE PRACTICE OF SPECIAL CASES. 193 
 
 47. In a special case the Court has no power to make 
 binding declarations of future rights/ but only to deter- 
 mine the questions stated.'' 
 
 48. A material fact having been inadvertently omitted 
 in the special case, but appearing to have been recognised 
 by all parties, a preface was introduced before the order 
 stating the circumstances, from which it appeared that that 
 fact had been recognised by the parties.' 
 
 49. The Court cannot upon a special case act upon 
 inferences drawn by the parties. If the matter were before 
 the Court on a bill, inquiries might be directed to ascer- 
 tain facts of which the Court was not satisfied at the 
 hearing. The Court cannot direct an inquiry upon a 
 special case ; and when the question is brought forward in 
 that form, the special case must, with reference to any 
 material point upon which the evidence is doubtful, state 
 air the facts upon the subject which can be ascertained, 
 and state and verify (if necessary) by affidavit that no 
 further evidence can be given on the subject ; and upon 
 that allegation and proof it must be left to the Court to 
 judge of the result of the statement.* 
 
 50. Legacies were given to the sons and daughters of 
 the testator, with a gift over to their issue. The sons and 
 daughters were living. One of the questions of the special 
 case was as to the interest of the issue of the sons and 
 daughters. The Court made declarations with regard to 
 the interests of the legatees before the Court, but refused 
 to make any declaration on the question with regard to the 
 bequest to the issue of the sons and daughters.* 
 
 1 Burt V. Start, 1 W. R. 145, V. V. C. W. 
 
 C. W. ■* Domville v. Lamb, 9 Hare, App. 
 
 2 Evans v. Saunders and Evans v. 1, 55. 
 
 Evans, 1 Drew, 415, 654 ; s. c. 22 * Greenwood v. Sutherland, 10 Hare, 
 Law T. 43. App, 1, 12, 
 
 ' Lane ®. Debenham, 17 Jur. 1005, 
 
 
 
194 THE PKACTICE OF SPECIAL CASES. 
 
 51. A declaration in the lifetime of the tenant for life 
 with regard to the interests of the parties entitled in rever- 
 sion, could not have been made in a cause at the time this 
 statute passed, and therefore could not have been made 
 in a special case. And now, notwithstanding a recent 
 change in the law,' the Court is enabled in its discretion, 
 where it shall appear to be necessary for the administration 
 of an estate, or to the relief to which a plaintiff may be 
 entitled, to make a decree, notwithstanding it should be 
 merely declaratory ; yet nevertheless the Court will not act 
 upon this power in special cases, unless it shall be neces- 
 sary to do so in order to grant the plaintiff the relief to 
 which he is entitled.^ 
 
 52. A special case having been filed and set down for 
 hearing, before the case had come on to be heard an infant 
 tenant in tail of the property in question was born. On a 
 statement of the circumstances, the Court considered that 
 the proper course to be adopted was that the order to set 
 down the original case should be discharged; that the 
 case should be amended by adding the infant tenant in 
 tail as a party, on which the usual appearance for the 
 infant and fresh appearances for all the present parties 
 should be entered ; and that then the leave of the Court 
 should be obtained to set down the case for hearing ; and 
 that being done, the Court would have no difficulty, on an 
 application made, to restore the amended case to the place 
 of the original case on the paper .^ 
 
 53. Where a creditor of a deceased person is named as 
 plaintiff in a special case, the record should not be in- 
 tituled " Between such creditor on behalf of himself and 
 all other the creditors of the deceased plaintiff and the 
 
 1 15 & 16 Vict. c. 86, s. 50. ' Thistlethwaite v. Garnier, 5 De G. 
 
 2 Garlick v. Lawson, 10 Hare, App. & S. 73 ; s. o. 21 Law J. (Ch.) 16 ; 16 
 1, 14. Gosling V. Gosling, John. 265. Jur. 57. 
 
THE PRACTICE OF SPECIAL CASES. 195 
 
 defendants," the other creditors not being before the 
 Court, and therefore not bound by the proceedings.^ 
 
 54. With reference to the costs of special cases, no 
 definite rule seems to have been established. By the Act, 
 the costs are directed to be in the discretion of the Court.'* 
 In one case,^ the Court directed that out of the residue the 
 trustees should have their full costs first, and then that any- 
 thing which remained should go, not in the first instance 
 to the appellants, but rateably, as far as it would extend, 
 to satisfy the costs of both appellants and respondents. 
 
 55. In another case it was held that the costs in pro- 
 ceedings under this Act foUow the same rule as in 
 administration suits, and are payable out of the general 
 residue ; and if there be none, then out of the property 
 specifically bequeathed.* 
 
 56. Again, it has been held that the circumstance of the 
 question being raised upon a special case does not alter 
 the principle that the successful party should have his 
 costs. It is not, it was remarked, a question of conduct, as 
 each party fairly claims what he thinks he is entitled to ; 
 nor is it like an administration suit, but the costs must 
 follow the event.* 
 
 57. Where the difiiculties were created by the will of 
 the testator, the costs of all parties were directed to be 
 paid out of the residuary real estate.^ 
 
 -58. On the other hand, it seems doubtful whether the 
 Court has jurisdiction to order the payment of the costs of 
 a special case, there being no fund in Court.' 
 
 ' Lee V. Head, 1 K. & J. 620. * Usticke v. Peters, 4 K. & J. 437 ; 
 
 2 Sect. 32, ad Jin. Jackson v. Craig, see p. 457; s. c, 4 Jur. (N. S.) 1271. 
 20 Law J. (Ch.) 204 ; s. c. 15 Jur. 811, « Chapman v. Eeynolds, 29 Law J. 
 V. C. K. B. ; Smith «!. Stewart, 20 Law (Ch.), 594, M. R. 
 
 J. (Ch.) 205, V. C. K. B. 1 Blinstonu. Warburton, 2 K. & J. 
 
 3 Hindle v. Taylor, 5 De G. M. & Gk 400 ; s. c. 2 Jur. (N. S.) 858 ; Star ». 
 577 ; see p. 595. Newbery, 20 Beav. 14. 
 
 * Cookson V. Bingham, 17 Beav. 262. 
 
 o 2 
 
196 THE PRACTICE OF SPECIAL CASES. 
 
 59. Under these circumstances, therefore, the preferable 
 course is, that there should either be some arrangement 
 between the parties as to the costs of the special case, or 
 there should be a question out of what fund they ought to 
 come.^ 
 
 60. In all proceedings by special case where the estate 
 or fund to be dealt with is under the amount or value of 
 1000/., solicitors are only entitled to charge and be allowed 
 the fees a,ccording to the " Lower Scale," unless the Court 
 shall make order to the contrary.^ In all other cases, 
 solicitors are entitled to charge and be allowed the fees 
 according to the " Higher Scale," unless the Court shall 
 make order to the contrary, as to all or any of the 
 parties.^ 
 
 ' Blinston v. Warturton, uK swpra. and Charges, r. 1, art. 7. 
 ' Regulations as to Solicitors' Fees ^ Ibid. r. 2. 
 
CHAPTER XI. 
 
 THE TRUSTEE ACTS. 
 
 {THM TRUSTEE ACT, 1850, 13 & 14 VICT. c. 60 ; and THE TRUSTEE 
 EXTENSION ACT, 15 & 16 VICT. c. 55.) 
 
 SECTION I. 
 The Inteepbetation Clause. 
 
 SECTION 2. 
 
 Tbustbes and Moktgaoees Lttnatio 
 OB OF Unsound Mind. 
 
 SECTION 3. 
 Infant Tbdstees and Mortgagees. 
 
 SECTION 4. 
 Tbtjstees Generally. 
 
 SECTION 5. 
 Mortgagees Generally. 
 
 SECTION 6. 
 Appointment of New Tkustees. 
 
 SECTION 7. 
 
 The Petition and the Proceedings 
 
 thereupon. 
 
 SECTION 8. 
 
 Costs op Pkooebdings under these 
 Acts. 
 
 Section I. 
 The Interpretation Clavse. 
 
 1. {nferpretatum clause important. 
 
 2. Definition of the W9rd "lands." 
 
 3. "Stock." 
 
 4. Shares in ships, "stock." 
 
 5. Definition of the word "seised." 
 
 6. "Possessed." 
 
 7. " Contingent right." 
 8. 
 
 9. '^Assign" amd 
 
 10. "Transfer." 
 
 11. "Trust." 
 
 12. " Lwnatic." 
 
 13. " Person ofvmsoimdmind." 
 
 14. "Devisee." 
 15. 
 
 1. In the construction of these Acts, the interpretation 
 clause is most important to be borne in mind. 
 
198 TRUSTEE ACT, 1850. 
 
 2. The word " lands " extends to and includes manors, 
 messuages, tenements, and hereditaments, corporeal and 
 incorporeal, of every tenure or description, whatever may 
 be the estate or interest therein,* and whether situate in 
 England, or in any of the dominions, plantations, or 
 colonies belonging to Her Majesty.'' 
 
 3. The word " stock " extends to and includes any fund, 
 annuity, or security transferable in books kept by any 
 company or society, or transferable by deed alone, or by 
 deed accompanied by other formalities, and any share or 
 interest therein.^ 
 
 4. Shares in ships registered under the Merchant Ship- 
 ping Act, 1854, are included in the word "stock," as 
 above defined, and the provisions of these Acts are 
 applicable to such shares.* 
 
 5. The word "seised" applies to any vested estate for 
 life, or of a greater description, and extends to estates at 
 law or in equity, in possession or in futurity, in any 
 lands.' 
 
 6. The word " possessed " applies to any vested estate 
 less than a life estate at law or in equity, in possession or 
 in expectancy, in any lands.^ ^ 
 
 7. The words " contingent right," as applied to lands, 
 mean a contingent or executory interest, or possibility 
 coupled with an interest, whether the object of the gift or 
 limitation of such interest or possibility be or be not ascer- 
 tained ; also a right of entry, whether immediate or future, 
 and whether vested or contingent.* 
 
 8. The words " convey " and " conveyance " applied to 
 any person mean the execution by such person of every 
 
 1 13 & 14 Viot. e. 60, sect. 2. o. 10. 
 
 ' Sect. 54. 6 13 & 14 Vict. c. 60, sect. 2. 
 
 ' Sect. 2. 6 Ibid. 
 
 ' Merchant Shipping Act Amend- 7 Ibid, 
 ment Act, 1855, 18 & 19 Vict. c. 91, 
 
INTERPRETATION CLAUSE. 199 
 
 necessary or suitable assurance for conveying or disposing 
 to another lands whereof such person is seised or entitled 
 to a contingent right, either for the whole estate of the 
 person conveying or disposing, or for any less estate, 
 together with the performance of all formalities required 
 by the law to the validity of such conveyance, including 
 the acts to be performed by married women or tenants 
 in tail in accordance with the provisions of the Pines 
 and Recoveries Act, and including also surrenders and 
 other acts which a tenant of customary or copyhold 
 lands can himself perform preparatory to or in aid 
 of a complete assurance of such customary or copyhold 
 iands.^ 
 
 9. The words "assign" and "assignment" mean the 
 execution and performance by a person of every necessary 
 or suitable deed or act for assigning, surrendering, or 
 otherwise transferring lands of which such person is pos- 
 sessed, either for the whole estate of the person so 
 possessed or for any less estate.^ 
 
 10. The word "transfer" means the execution and 
 performance of every deed and act by which a person 
 entitled to stock can transfer such stock from himself to 
 another.' 
 
 11. The word "trust" does not mean the duties inci- 
 dent to an estate conveyed by way of mortgage ; but, with 
 this exception, the words " trust " and " trustee " extend 
 to and include implied and constructive trusts, and extend 
 to and include cases where the trustee has some beneficial 
 estate or interest in the subject of the trust, and extend to 
 and include the duties incident to the office of personal 
 representative of a deceased person.* 
 
 13. The word "lunatic" means any person who shall 
 
 ■ Sect. 2. ^ Ibia. 
 
 2 Ibid. ^ Ibid. 
 
200 
 
 TRUSTEE ACT, 1850. 
 
 be found to be a lunatic upon a commission of inquiry in 
 the nature of a writ de lunatico inquirendo} 
 
 13. The expression "person of unsound mind" means 
 any person not an infant who, not having been found to 
 be a hmatic, shall be incapable, from infirmity of mind, to 
 manage his own affairs.^ 
 
 14. The word " devisee," in addition to its ordinary 
 signification, means the heir of a devisee, and the devisee 
 of an heir ; and generally, any person claiming an interest 
 in the lands of a deceased person, not as heir of such 
 deceased person, but by a title dependent solely upon the 
 operation of the laws concerning devise and descent.^ 
 
 15. The word "mortgage " is applicable to every estatej 
 interest, or property in lands or personal estate, which 
 would in a court of equity be deemed merely a security 
 for money.* 
 
 Section II. 
 
 Trustees and Mortgagees lunatic or of unsound mind. 
 
 1. Lmids and contingent rights vested 
 in lunatic trustees or mortgagees. 
 
 2. Steele and choses in action. 
 
 3. StocTc amd choses im action stamdimg 
 in name of deceased person. 
 
 i. Money belonging to person ofv/iisound 
 mind may he paid into Court. 
 
 5. No concurrent jurisdiction as to lamds 
 in Ireland. 
 
 6. Lord ClwmceUor sitting im, lunaey 
 inay appoint iiew trustees. 
 
 7. Lords Justices may exercise same 
 powers as Lord Chancellor. ' 
 
 8. Where fact of lunacy contested. 
 
 9. Wliere trustee or mortgagee of un- 
 sownd mind, thmtgh notfovmd such. 
 
 10. Where actiial legal estate outstand- 
 ing. 
 
 11. Seal estate conveyed upon trust, 'per.- 
 sondl representatives entitled to vest- 
 ing order. 
 
 12. WJiere heir of swvivimg trustee of 
 unsound mind. 
 
 13. Order made for conveyance by com- 
 mittee on decree for pa/rlH/ion. 
 
 1. When any lunatic or person of unsound mind is 
 seised or possessed of any lands upon any trust or by way 
 
 > Sect. 2, 
 ' Ibid. 
 
 " Ibid. 
 ' Ibid. 
 
LUNATIC TRUSTEES AND MORTGAGEES. 201 
 
 of mortgagej tlie Lord Chancellor, acting in lunacy, is 
 empowered to make an order that such lands be vested in 
 such person or persons, in such manner and for such estate 
 as he shall direct.* And in like manner, when any lunatic 
 or person of unsound mind is entitled to any contingent 
 right in any lands, upon any trust or by way of mortgage, 
 the Lord Chancellor, acting in lunacy, is empowered to 
 make an order wholly releasing such lands from such con- 
 tingent right, or disposing of the same to such person or 
 persons as the Lord Chancellor shall direct.*^ 
 
 2. When any lunatic or person of unsound mind is 
 solely entitled to any stock, or to any chose in action upon 
 any trust or by way of mortgage, the Lord Chancellorj 
 acting in lunacy, is empowered to make an order vesting 
 in any person or persons the right to transfer such stock, 
 or to receive the dividends or income thereof, or to sue for 
 and recover such chose in action, or any interest in respect 
 thereof ; and when any person is entitled jointly with any 
 lunatic or person of unsound mind to any stock or chose 
 in action upon any trust or by way of mortgage, the Lord 
 Chancellor is empowered to make an order vesting the 
 right to transfer such stock or to receive the dividends or 
 income thereof, or to sue for and recover such chose in 
 action, or any interest in respect thereof, either in such 
 person so jointly entitled as aforesaid, or in such last- 
 mentioned person together vdth" any other person or 
 persons the Lord Chancellor may appoint.^ 
 
 3. And when any stock is standing in the name of any 
 deceased person, whose personal representative is a lunatic 
 or person of unsound mind, or when any chose in action 
 shall be vested in any lunatic or person of unsound mind 
 as the personal representative of a deceased person, the 
 
 1 Sect. 3. ^ Sect. 4. » Sect. 5. 
 
202 TRUSTEE ACT, 1850. 
 
 Lord Chancellor is empowered to make an order vesting 
 the right to transfer such stock, or to receive the dividends 
 or income thereof, or to sue for and recover such phose in 
 action or any interest in respect thereof, in any person or 
 persons he may appoint.^ 
 
 4. Any money belonging to a person of unsound mind, 
 payable in discharge of any land's, stock, or chose in action, 
 may be paid into Court, the receipt of the cashier of the 
 bank being an effectual discharge to the person paying in 
 the same. The Court, on petition in a summary way, may 
 order any money so paid in to be invested, and may 
 order payment or distribution of the same, or payment 
 of the dividends thereof, as to the Court shall seem 
 reasonable.'* 
 
 5. The Lord Chancellor of Great Britain, acting in 
 lunacy, has no concurrent jurisdiction over lands in 
 Ireland? 
 
 6. The power of appointing new trustees was not con- 
 ferred on the Lord Chancellor in his jurisdiction in lunacy 
 by the Trustee Act, 1850. This practice, which was 
 found inconvenient, was, however, remedied by the Trustee 
 Extension Act,* whereby the Lord Chancellor, acting in 
 lunacy, is empowered to make an order appointing a new 
 trustee or trustees in like manner as the Court of Chancery 
 may do in like cases without. its being necessary that 
 the order should be made in Chancery as well as in 
 lunacy. 
 
 7. By the Trustee Extension Act,' also, the Lords 
 Justices, whose Court of Appeal was created by an Act of 
 Parliament passed subsequent to the Trustee Act, 1850, 
 and upon whom jurisdiction in lunacy has been conferred, 
 
 > Sect. 6. ■> 15 & 16 Viot. o. 55, sect. 10. 
 
 2 Sect. 48. 1 Sect. 11. 
 
 3 iee Dayies, 3 M. & G. 278. 
 
LUNATIC TRUSTEES AND MORTGAGEES. 203 
 
 are empowered to exercise the same powers as are by the 
 Trustee Act, 1850, conferred upon the Lord Chancellor in 
 his jurisdiction in lunacy. ' 
 
 8. It seems that the above provisions would not apply 
 where the alleged lunatic has not been so found by inqui- 
 sition, and the fact of the lunacy is contested.** 
 
 9. Whenever the trustee or mortgagee is of unsound 
 mind, though not found a lunatic by inquisition, the 
 application under these Acts must be made to the Lord 
 Chancellor or Lords Justices.^ 
 
 10. When the actual legal estate is not outstanding in 
 the lunatic, the Court cannot make a vesting order.* 
 
 11. Where A. B. conveyed real estate, in consideration 
 of 350/., to C. D. upon trust in case of payment of principal 
 and interest within six months, to reconvey, and in case of 
 default upon trust for C. D., his heirs, &c., to sell,, and 
 after retaining principal and interest, to pay the surplus to 
 A. B., his executors, administrators, and assigns, for his 
 own use and benefit, and C. D. died intestate as to this 
 property, and no heir-at-law being discovered, it was held 
 that his legal personal representatives were entitled to a 
 
 -vesting order as to the legal estate outstanding, to enable 
 them to make a title to a purchaser ; the deed not being a 
 mere security, but there being a trust beyond the actual 
 security for money.® 
 
 12. It would appear that the Lords Justices intrusted 
 by warrant under the sign manilal to make orders in 
 lunacy have jurisdiction to make a vesting order where 
 the heir of the surviving trustee is of unsound mind, 
 
 ■ Me Waugh's Trust, 2 De G. M. & G. 2 W. E. 671, V. 0. K. 
 
 279. ^ Se Porter's WiU, 3 W. E. 683 ; 
 
 2 Be Walker, Cr. & Ph. 147, decided s. c. 25 Law T. 262; and s. o. mhnmn. 
 upon the 5th section of the 1 W. 4, c. Re Franklin, 3 Eq. Rep. 719, L. C. 
 60, and Be Camphell, 18 Law T. 202, = Re Underwood, 3 K. & J. 745 ; s. ^. 
 L. L. J. 5 W. R. 866. 
 
 3 iZeThe Good Intent Benefit Society, 
 
204 
 
 TRUSTEE ACT, 1850. 
 
 but for greater certainty' the Lord Chancellor made the 
 order.* 
 
 13. Several persons were joint tenants in tail in 
 possession of an undivided share in lands. One of them 
 was a lunatic. A suit was instituted for partition, in 
 which the lunatic, by the committee of her estate, was a 
 defendant, and appeared. The chief clerk by his certificate 
 allotted the lands in severalty, and one of the Vice-Chan- 
 cellors at the hearing, upon further consideration, decreed 
 a partition, and made an order in the suit, and also under 
 the Trustee Act, for the purpose of effectuating the decree, 
 by which he declared the lunatic a trustee of certain 
 hereditaments. Application by petition was then made to 
 the Lords Justices, to enable the order of the Vice-Chan- 
 eellor to be carried into effect ; and their Lordships, on the 
 committee stating his opinion that the partition would be 
 for the benefit of the lunatic, made an order intituled in the 
 suit, in the lunacy, in the matter of the Trustee Act, and 
 of the Lunacy Regulation Act,^ directing the decree to be 
 carried into effect, and that the committee should execute 
 a conveyance of the land vested in the lunatic.^ 
 
 Section III. 
 Infant Trustees and Mortgagees. 
 
 \. Infant seised or possessed of any 
 lands as trustee or mortgagee. 
 
 2. Entitled to am/y contingent right. 
 
 3. Solely or jointly entitled to any 
 stock wpon any trust. 
 
 i. Money belonging to infant may be 
 
 paid into Coiurt. 
 5. Person appointed trustee in place of 
 
 imfamt devisee. 
 
 6. Where question to be decided. 
 
 7. As to imfarvt tenant in tail. 
 
 8. Where infant heir declared trustee 
 for purchaser. 
 
 9. Where equity of redemption devised 
 to an infant, no order made. 
 
 10. Appointment of guardian, and vest- 
 ing right to receive dividends in 
 him. 
 
 » Se Waugh's Trast, 2 De G. M. & 
 G. 279. 
 
 2 16 & 17 Vict. c. 70. 
 
 3 Se Bloomar, 2 De G. & J. 88 ; s. c. 
 
INFANT TBTJSTEES AND MORTGAGEES. 
 
 205 
 
 11. No day to show cafcse now given to 
 an infant. 
 
 12. Consideraticn of convey aiusesresenied. 
 
 13. Legal estate vested in devisees of 
 mortgagor subject to legacy. 
 
 14. Infant held to he trustee of stock 
 under the drawmstances. 
 
 15. Where lunatic an infant. 
 
 16. As to infant sole trustee out of juris- 
 diction. 
 
 17. Where no eatress declaration of 
 trust, infant held to he trustee. 
 
 18. As to infcmt heir of vendor. 
 
 1. Where any infant is seised or possessed of any lands 
 upon any trust, or by way of mortgage, the Court may 
 make an order vesting such lands in such person or 
 persons in such manner and for such estate as the Court 
 shall direct.' 
 
 2. And where any infant is entitled to any contingent 
 right in any lands upon any trust, or by way of mortgage, 
 the Court may make an order wholly releasing such lands 
 from such contingent right, or disposing of the same to 
 such person or persons as the Court shall direct.^ 
 
 3. When any infant is solely entitled to any stock upon 
 any trust, the Court is empowered to make an order 
 vesting m any person or persons the right to transfer such 
 stock, or to receive the dividends or income thereof ; and 
 when any infant is entitled, jointly with any other person 
 or persons, to any stock upon any trust, the Court may 
 make an order vesting the right to transfer such stock, or 
 to receive the dividends or income thereof, either in the 
 person or persons jointly entitled with the infant, or in 
 him or them, together with any other person or persons 
 the Court may appoint.^ 
 
 4. Any money belonging to an infant payable in dis- 
 charge of any lands, stock, or chose in action, may be 
 paid into Court, the receipt of the cashier of the bank 
 being an effectual discharge to the person paying in the 
 
 27 Law J. (Ch.) 173 ; 30 Law T. 238 ; 4 
 Jur. (N. S..) 546 ; 6 W. R. 178. 
 1 13 & 14 Vict. c. 60, sect. 7. 
 
 2 Sect. 8. 
 
 ' Sect. 3, Tnistee Extension Act. 
 
206 TRUSTEE ACT, 1850. 
 
 same. The Court, on petition in a summary way, may 
 order any money so paid in to be invested, and may 
 order payment or distribution of the same, or pay- 
 ment of the dividends thereof, as to the Court shall 
 seem reasonable.^ 
 
 5. Where a testator had devised lands to two trustees 
 upon trusts for sale, and one of them was an infant^ 
 the Court appointed a person to be trustee in the 
 place of such infant, and ordered the whole estate to 
 vest in such new trustee, and the original adult trustee 
 jointly.'' 
 
 6. Where any question has to be decided as against the 
 infant heir, the Court will not make a vesting order under 
 these Acts.' 
 
 7. The Act extends to an infant tenant in tail, and the 
 conveyance must be made by the proper assurance which 
 the law now requires.* 
 
 8. When an infant heir is declared by the decree of the 
 Court to be a trustee for a purchaser, the Court does not 
 require a petition to be prefSented, but will direct a con- 
 veyance to the purchaser by the same decree.^ 
 
 9. Where a mortgage was made in fee and the mort- 
 gagor died, having devised the estate to an infant, and a 
 claim of foreclosure was filed by the mortgagee against the 
 infant, and an order for sale was made, a petition for a 
 vesting order was dismissed as unnecessary. It was 
 observed by the Court that the mortgagor had the legal 
 estate vested in him, and that aU equitable estates and 
 interests were bound by the order for sale, and that 
 nothing further therefore was required. The order, it 
 was also remarked, would be prejudicial as a precedent, 
 
 1 13 & 14 Vict. c. 60, sect. 48. J. (Ch.) 153. 
 
 2 Tiipp, 221, n. X. ■< Eadcliffe v. Eccles, 1 Keen, 130. 
 
 3 Se Biii$, 9 Hare, 289 ; s. c. 22 Law « Miller v. Knight, Ibid. 129. 
 
INFANT TRUSTEES AND MOETGAGEES. 207 
 
 since, there being no necessity for the order, it might, if 
 granted, raise a doubt on titles in similar cases in which 
 no such order would have been obtained.* 
 
 10. Where stock was standing in the names of three 
 trustees and an infant, and two of the trustees were dead 
 and the third was out of the jurisdiction, the Court 
 appointed a guardian, and allowed maintenance and vested 
 the right to receive the dividends in the guardian during 
 the infant's minority.'* 
 
 11. Instead of giving the infant a day to show cause 
 against the decree in a partition suit, the Court tvill 
 declare that after the partition shall have been made, the 
 infant wiQ be a trustee, within the meaning of the Act, of 
 such parts of the property as shall be allotted in severalty 
 to the other parties.^ 
 
 12. In one case, however, the consideration of the con- 
 veyances by the infant plaintiff was reserved.* 
 
 13. An order was made vesting the legal estate, which 
 was outstanding, in the infant heir of an intestate mort- 
 gagee in the devisees of the mortgagor, subject to a legacy 
 charged thereon by his will.^ 
 
 14. The sole trustee of money for A. and B. invested it 
 in stock in the joint names of himself and B., an infant. 
 After the deaths of the trustee and A., the infant was held 
 to be a trustee within the Trustee Act, and a vesting order 
 was made.® 
 
 15. Where a trustee is an infant as well as lunatic, the 
 Court has jurisdiction under these Acts to make an order 
 
 • Se Williams, 5 De G. & S. 515 ; Wrigley, Reg. Lib. B. 1854, f. 467, 
 
 s. c. 21 Law J. (Ch.) 437. See also cited, Ince, 107. 
 
 Goddard v. Macaulay, 6 Ir. Eq. Eep. " Seton, 337, 341. 
 
 221. ' Re EUerthorpe, 18 Jur. 669, V. 
 
 2 Re Morgan, cited, Seton, 420. C. K. 
 
 3 Bowra v. Wright, 4 De G. & S. « Sanders v. Homer, 25 Beav. 467 ; 
 265 ; s. e. 15 Jur. 981 ; Stanley v. s. c. 6 W. E. 476. 
 
208 
 
 TRUSTEE ACT, 1850. 
 
 for conveying his estate, and recourse need not be made to 
 the jurisdiction in lunacy.' 
 
 16. The Acf* does not apply to an infant sole trustee of 
 stock who is within the jurisdiction, and it cannot be 
 extended by implication to the case of an infant sole 
 trustee of stock who is out of the jurisdiction.^ 
 
 17. Where lands purchased with the money of a railway 
 company had been conveyed to two persons as tenants in 
 common, without any express declaration of trust, the 
 Court, it being clearly proved that the lands were only 
 held in trust, treated the infant heir of one of the tenants 
 in common who died, as a trustee for the company within 
 the Act.* 
 
 18. The infant heir of an intestate who has contracted 
 to sell real estate is not a constructive trustee for the 
 purchaser within the meaning of the Act, unless he has 
 been so declared in a suit.® 
 
 Section IV, 
 Trmtees Generally. 
 
 1. As to trusts solely seised of lands. 
 
 2. Jointly seised. 
 
 8. Trustee solely entitled to conimgent 
 right. 
 
 4. Jointly entitled. 
 
 5. Uncertainty as to swrvivorship. 
 
 6. Whether livimg or dead. 
 
 7. Intestate wiflwut heir or devisee. 
 
 8. Preceding enactment does not apply 
 to leaseholds. 
 
 10. As to trustee of lands refusing. 
 
 11. Where jointly or solely entitled to 
 stock or chose in action. 
 
 12. As to arrears of dividends. 
 
 13. As to sole trustee of stock or chose im, 
 action refusing. 
 
 14. One of several trustees refusing. 
 
 15. Stoak stamding in, name of deceased 
 person. 
 
 • Me Arrowsmith's Trusts, 6 W. E. 
 642 ; s. 0. 4 Jur. (S. S.) 1123 ; 31 Law 
 T. 243, L. L. J, 
 
 = 13 & 14 Vict. c. 60, sect. 22. 
 
 5 Cramer 1). Cramer, 16 Jur. 831, V. 
 C. P. 
 
 * Be Brancker, V. C. W. Jan. 14th, 
 1859, cited, Morgan's Ch. P. 79. 
 
 6 He Carpenter, Kay, 418 ; Re Dick- 
 inson, 17 Law T. 231, V. C. K. B. ; ite 
 Whiting's Estate, 32 Law T. 11, V. C. 
 W. 
 
TRUSTEES GENERALLY. 
 
 209 
 
 16. !Prustee of stock or chose in action re- 
 
 17. Personal representative of deceased 
 person refusing. 
 
 18. Where sale directed for payment of 
 
 19. 
 20. 
 21. 
 
 22. 
 
 23. 
 
 24. 
 
 25. 
 
 26. 
 
 27. 
 
 28. 
 
 29. 
 30. 
 
 31. 
 
 32. 
 
 33. 
 34. 
 
 35. 
 36. 
 
 37. 
 38. 
 
 39. 
 40. 
 
 41. 
 
 42. 
 
 Or for any other purpose. 
 
 Who should apply for order. 
 
 Where decree for specific perform- 
 ance, &a. 
 
 Person may be appointed to convey, 
 
 <fcc., ifrrwre convenient. 
 
 Directions may be given as to stock 
 
 and choses in action. 
 
 Order under Act may be made im 
 
 any cause or matter. 
 
 As to trustees of charities. 
 
 Where trustees disclaimed and heir 
 
 could not be found. 
 
 Where one of two trustees out of 
 jurisdiction. 
 
 Vesting order may be made where 
 purpose not for payment of debts. 
 
 Interest of co-heir of mortgagee. 
 
 Person appointed to execute in place 
 
 of doneelof power. 
 
 Vesting order may be made to dower 
 
 uses. 
 
 Where land of copyhold tenure, course 
 
 to bepv/rsued. 
 
 As to extinct corporation. 
 
 Where uncertainty as to remaining 
 trustee being living or dead. 
 Meaning of words " sole trustee." 
 
 Where real estate the subject of 
 contract, constructive trust must be 
 declared by decree. 
 But in other eases Cou/rt may act 
 on petition. 
 
 Where constructive trust involves aaiy 
 special difficulty, suit will be di- 
 rected. 
 
 Order inay be made in cause. 
 Order made im a foreclosure suit, as 
 to mortgagee being trustee. 
 Vesting order should only be made 
 where eon/veyance inconvenient. 
 Who is a person absolutely entitled 
 to stock. 
 
 43. 
 
 44. 
 
 45. 
 
 46. 
 47. 
 48. 
 49. 
 50. 
 
 51. 
 
 52. 
 
 63. 
 
 54. 
 
 55. 
 56. 
 
 57. 
 
 58. 
 
 59. 
 60. 
 61. 
 62. 
 63. 
 64. 
 65. 
 66. 
 67. 
 
 Or to dividends. 
 
 Infants not constructive trustees 
 under the circumstances. 
 Vendor a trustee after tender of con- 
 veyance. 
 
 Person appointed to convey to trus- 
 tees vmder scftem^. 
 
 Petition for vesting order by pur- 
 chaser. 
 
 Mortgagor of leasehold, for ail except 
 last day, not a trustee. 
 Estate directed to vest in executors 
 under the circumstances. 
 Where two executors, one must 
 disclaim before vesting order 
 made. 
 
 Trustee appointed to convey in place 
 of infcmt under the circwmstances. 
 Person directed to convey without 
 consent of annuitant. 
 Proper course to pursue where ten- 
 ant in tail trustee. 
 Trustee must be permanently out of 
 jurisdiction. 
 
 Husband of executrix mthim Act. 
 Court will not vest clwse in action in 
 cestui que trust only.- 
 And so as to shares in a bank. 
 Debtor held to be constructive trustee 
 
 Court will vest right to receive future 
 dividends. 
 
 Act does not extend to foreign pro- 
 bate. 
 
 No jurisdiction where no personal 
 representative. 
 
 Bui Act applies though executor has 
 not proved. 
 
 Land sold in lots, plaintiffs solici- 
 tor directed to convey. 
 Vesting order made of lands in 
 Oa/nada. 
 
 Infant tenant in tail not a trustee 
 under tJte circwmstances. 
 Covenant to sv/rrender copyholds, 
 person appointed to convey. 
 Course pursued on partition to save 
 expense. 
 Case of illegitimate testator. 
 
210 TRUSTEE ACT, 1850. 
 
 We shall now direct attention to the provisions of these 
 Acts, which have reference to the cases of lands, con- 
 tingent rights, and stock, vested in trustees generally, who 
 are neither lunatic, nor of unbound mind, nor infants. 
 
 1. When any person solely seised or possessed of any 
 lands upon any trust is out of the jurisdiction of the Court, 
 or cannot be found, the Court is empowered to make an 
 order vesting such lands in such person or persons in such 
 manner and for such estate as the Court shall direct.* 
 
 2. And when any person or persons is or are seised or 
 possessed of any lands jointly with a person out of the 
 jurisdiction of the Court, or who cannot be found, the 
 Court may make an order vesting the lands in the person 
 or persons so jointly seised or possessed, or in such last- 
 mentioned person or persons, together with any other 
 person or persons, in such manner and for such estate as 
 the Court shall direct.^ 
 
 3. When any person solely entitled to a contingent 
 right in any lands upon any trust is out of the jurisdiction 
 of the Court, or cannot be found, the Court may make an 
 order wholly releasing such lands from such contingent 
 right, or disposing of the same to such person or persons 
 as the Court shall direct.^ 
 
 4. And when any person jointly entitled with any other 
 person or persons to a contingent right in any lands upon 
 any trust, is out of the jurisdiction of the Court, or cannot 
 be found, the Court is empowered to make an order dis- 
 posing of the contingent right of the person so out of the 
 jurisdiction, or who cannot be found, to the person or 
 persons so jointly entitled as aforesaid, or to such last- 
 mentioned person or persons, together with any other 
 person or persons.* 
 
 1 13 & 14 Vict. c. 60, sect. 9. ' Sect. 11. 
 
 2 Sect. 10. ■• Sect. 12. 
 
TRUSTEES GENERALLY. 211 
 
 5. Where there are two or more persons jointly seised 
 or possessed of any lands upon any trust, and it is uncertain 
 which of such trustees is the survivor, the Court is em- 
 powered to make an order vesting such lands in such 
 person or persons in such manner and for such estate as 
 the Court shall direct.' 
 
 6. And where any one or more person or persons shall 
 have been seised or possessed of any lands upon any trust, 
 and it is not known as to the trustee last known to have been 
 seised or possessed, whether he be living or dead, the Court 
 is empowered to make an order vesting such lands in such 
 person or persons in such manner and for such estate as 
 the Court may consider expedient.* 
 
 7. And when any person seised of any lands upon any 
 trust shall have died intestate as to such lands without 
 an heir, or shall have died and it shall not be known 
 who is his heir or devisee, the Court may make an order 
 vesting such lands in such person or persons in such 
 manner and for such estate as the Court shall direct.' 
 
 8. The preceding enactment is not applicable to lease- 
 holds.* Where new trustees, therefore, had been appointed 
 under a power, but the trust estates, which consisted in 
 part of leaseholds, remained vested in the representatives 
 of a former trustee, who had died abroad, the Court, on a 
 petition for a vesting order, made an order reappointing 
 the trustees who had been already appointed under the 
 power, and ordered that the trust estates should vest in 
 such trustees.® 
 
 9. And when any lands are subject to a contingent 
 right in an unborn person or class of unborn persons who, 
 
 1 Sect. 13. I>ec., 1852; M. S., Seton, 418. 
 
 2 Sect 14. * Under tie 34th sec. Be Mundel's 
 
 3 Sect! 15.' Tnist, 2 Law T. (N. S.) 653 ; s. c. 8 
 * Re Harvey, M. E., 30th July & 7th W. E. 683 ; 6 Jur. 880, M. E. 
 
 p 2 
 
212 TRUSTEE ACT, 1850. 
 
 upon coming into existence, would in respect thereof 
 become seised or possessed of such lands upon any trust, 
 the Court is empowered to make an order which shall 
 wholly release and discharge such lands from such con- 
 tingent right in such unborn person or class of unborn 
 persons, or to make an order which shall vest in any 
 person or persons the estate or estates M'hich such unborn 
 person or class of unborn persons would, upon coming into 
 existence, be seised or possessed of in such lands.' 
 
 10. In every case where any person is jointly or sol«Iy 
 seised or possessed of any lands, or entitled to a contingent 
 right therein upon any trust, and a demand shall have 
 been made upon the aforesaid trustee, by a person entitled 
 to require a conveyance or assignment of the lands, or an 
 agent duly authorised by him requiring such trustee to 
 convey or assign the same, or to release the contingent 
 right, the Court may, if it shall be satisfied that the trustee 
 has wilfully refused or neglected to convey or assign the 
 lands for the period of twenty-eight days after the demand 
 in that behalf, to make an order vesting the same lands in 
 such person in such manner and for such estate as the 
 Court shall direct, or releasing such contingent right in 
 such manner as the Court shall direct.'* 
 
 11. When any person or persons is or are jointly 
 entitled with any person out of the jurisdiction of the 
 Court, or who cannot be found, or concerning whom it is 
 uncertain whether he be living or dead, to any stock or 
 chose in action upon any trust, the Court may make an 
 order vesting the right to transfer such stock, or to receive 
 the dividends or income thereof, or to sue for or recover 
 such chose in action, or any interest in respect thereof, 
 either in such person or persons so jointly entitled as afore- 
 
 ' Sect. 16. 2 Sect. 2, Trastee Extension Act. 
 
TRUSTBES GENERALLY. 213 
 
 said, or in such last-mentioned person or persons, together 
 with any person or persons the Court may appoint ; and 
 when any sole trustee of any stock or chose in action is 
 out of the jurisdiction of the Court, or cannot be found, or 
 it is uncertain whether he be living or dead, the Court 
 may make an order vesting the right to transfer such 
 stock, or to receive the dividends or income thereof, or to 
 sue for and recover such chose in action, or any interest 
 in respect thereof, in. any person or persons the Court may 
 appoint.^ 
 
 12. The preceding enactment applies to arrears as well 
 as future payments.^ 
 
 13. Where any sole trustee of any stock or chose in 
 action neglects or refuses to transfer such stock, or to 
 receive the dividends or income thereof, or to sue for or 
 recover such chose in action, or any interest in respect 
 thereof, according to the direction of the person absolutely 
 entitled thereto for the space of twenty-eight days next 
 after a request in writing for that purpose shall have been 
 made to him by the person absolutely entitled thereto, the 
 Court may make an order vesting the sole right to transfer 
 such stock, or to receive the dividends or income thereof, 
 or to sue for or recover such chose in action, or any 
 interest in respect thereof, in such person or persons as 
 the Court may appoint.^ 
 
 14. Where any one of the trustees of any stock or chose 
 in action shall neglect or refuse to transfer such stock, or 
 to receive the dividends or income thereof, or to sue for or 
 recover such chose in action, according to the direction of 
 the person absolutely entitled thereto, for the space of 
 twenty-eight days next after a request in writing for that 
 purpose shall have been made to him or her by such 
 
 1 Sect. 22. 2 Seton, 419. = Sect. 23, 
 
214 TRUSTEE ACT, 1850. 
 
 person, the Court may make an order vesting the right to 
 transfer such stock, or to receive the dividends or income 
 thereof, or to sue for and recover such chose in action, in 
 the other trustee or trustees of the said stock or chose in 
 action or in any person or persons whom the Court may 
 appoint, jointly with such other trustee or trustees.^ 
 
 15. When any stock is standing in the sole name of a 
 deceased person, and his or her personal representative is 
 out of the jurisdiction of the Court or cannot be found, or 
 it is uncertain whether such personal representative be 
 living or dead, or such personal representative shall neglect 
 or refuse to transfer such stock, or to receive the dividends 
 or income thereof, according to the direction of the person 
 absolutely entitled thereto, for the space of twenty-eight 
 days next after a request in writing for that purpose shall 
 have been made to him by the person entitled as aforesaid, 
 the Court may make an order vesting the right to transfer 
 such stock, or to receive the dividends or income thereof, 
 in any person or persons the Court may appoint.'* 
 
 16. Where any person neglects or refuses to transfer 
 any stock, or to receive the dividends or income thereof, or 
 to sue for or recover any chose in action, or any interest in 
 respect thereof, for the space of twenty-eight days next 
 after an order of the Court for that purpose shall have 
 been served upon him, the Court is empowered to make 
 an order vesting all the right of such person to transfer 
 such stock, or to receive the dividends or income thereof, 
 or to sue for and recover such chose in action, or any 
 interest in respect thereof, in such person or persons as the 
 Court may appoint.^ 
 
 17. And when any stock is standing in the sole name of 
 a deceased person, and his personal representative refuses 
 
 ' Sect. 24. 3 Sect, 4, Trustee Extension Act. 
 
 2 Sect. 2S. 
 
TRUSTEES GENERALLY. 215 
 
 or neglects to transfer such stock, or to receive the dividends 
 or income thereof, for the space of twenty-eight days next 
 after an order of the Court for that purpose shall have 
 been served upon him, the Court may make an order 
 vesting the right to transfer such stock, or to receive the 
 dividends or income thereof, in any person or persons 
 whom the Court may appoint.^ 
 
 18. When a decree has been made by any Court of 
 Equity directing the sale of any lands for the payment of 
 the debts of a deceased person, every person seised or 
 possessed of such lands, or entitled to a contingent right 
 therein as heir or under the wUl of such deceased debtor, 
 is deemed to be so seised or possessed or entitled, as the 
 case may be^ upon a trust within the meaning of the Act, 
 and the Court may make an order wholly discharging the 
 contingent right, under the will of such deceased debtor, 
 of any unborn person.'^ 
 
 19. And when any decree or order has been made by 
 any Court of Equity directing the sale of any lands for any 
 purpose whatever, any person seised or possessed of such 
 land, or entitled to a contingent right therein, being a 
 party to the suit or proceeding in which such decree or 
 order shall have been made, and bound thereby, or being 
 otherwise bound by such decree or order, shall be deemed 
 to be so seised, or possessed, or entitled, as the case may be, 
 upon a trust within the meaning of the Act, and in every 
 such case the Court, if it shall think it expedient for the 
 purpose of carrying such sale into effect, may, at chambers,^ 
 make an order vesting such lands, or any part thereof, for 
 such estate as the Court shall think fit, either in any pur- 
 chaser, or in such other person as the Court shall direct.* 
 
 ' Sect. 6, Trustee Extension Act. ■• Trustee Extension Act, sect. 1. It 
 
 2 Trustee Act, 1850, sect. 29. may be here remarked that the Statutes 
 
 3 35th Cons. Ord. r. 1, art. i. 11 Geo. 4 & 1 Wm. 4, c. 47, ss. 11 & 12, 
 
216 TRUSTEE ACT, 1850. 
 
 20. It is apprebended that the application for an order 
 under the last preceding provision should be made by the 
 party to the suit having the conduct of the sale.^ 
 
 21. And where any decree shall be made by any Court 
 of Equity for the specific performance of a contract con- 
 cerning any lands, or for the partition or exchange of any 
 lands, or generally, when any decree shall be made for the 
 conveyance or assignment of any lands, either in cases 
 arising out of the doctrine of election, or otherwise, the 
 Court is empowered to declare that any of the parties to 
 the suit wherein such decree is made are trustees of such 
 lands, or any part thereof, within the meaning of the Act, 
 or to declare concerning the interests of unboru persons 
 who might claim under any party to the said suit, or 
 under the will or voluntary settlement of any person 
 deceased who was during his lifetime a party to the 
 contract or transaction concerning which such decree is 
 made, that such interests of unborn persons are the 
 interests of persons who upon coming into existence would 
 be trustees within the meaning of the Act, and thereupon 
 the Lord Chancellor sitting in lunacy, or the Court of 
 Chancery, as the case may be, may make such order or 
 orders as to the estates, rights, and interests of such 
 persons, born or unborn, as the Court or the Lord Chan- 
 cellor may under the provisions of the Act make concerning 
 the estates, rights, and interests of trustees, born or unborn.'^ 
 
 and 2 & 3 Vict, c 60, whicli still re- Williams, Ibid. 557 ; Wallcer d. Aston, 14 
 
 maiB unrepealed, confer on the Court Sim. 87 ; Hill v. Maurice, 1 De G. & S. 
 
 similar powers to those contained in 214 ; Branch v. Browne, 2 De G. & S. 
 
 the two last preceding enactments, but 299 ; Beale v. Tennent, 1 Drew. 65 ; 
 
 by reason of the more ample provisions Wood v. Beetlestone, 1 K. & J. 213. 
 
 of the Trustee Acts, the powers given ^ Tripp, Ch. Pr. 223, n. c. 
 
 by the before-mentioned Statutes are ' Trustee Act, 1850, sect. 30. The 
 
 not now resorted to. The following 27th sec. of the stat. 11 Geo. 4 & 1 Wm. 
 
 are the decisions on these Statutes : — 4, c. 65, also contains an enactment 
 
 Penny D. Pretor, 9 Sim. 135 ; Scheie- applicable to most of the above cases, 
 field V. Heaiield, 8 Sim. 470 ; Holme v. 
 
TRUSTEES GENERALLY. 217 
 
 22. In every case where the Lord Chancellor acting in 
 lunacy, or the Court of Chancery, shall, under the provisions 
 of these Acts be enabled to make an order having the effect 
 of a conveyance or assignment of any lands, or having the 
 effect of a release or disposition of the contingent right of 
 any person or persons unborn, the Lord Chancellor, or the 
 Court of Chancery, should it be deemed more convenient, 
 may make an order appointing a person to convey or 
 assign such lands, or release or dispose of such contingent 
 right; or, instead of 'making an order vesting in any 
 person or persons the right to transfer any stock, to make 
 an order directing the secretary, deputy secretary, or 
 accountant-general for the time being of the Governor 
 and Company of the Bank of England, or any officer 
 of any other company or society, at once to transfer or 
 join in transferring any stock to the person or persons 
 to be named in the order.^ A conveyance under this 
 provision should contain a recital showing that it is 
 made in obedience to the order of the Court, and should 
 be executed by the person appointed to convey in his 
 own name.'' 
 
 23. The Lord Chancellor acting in lunacy, or the Court 
 of Chancery, may make declarations and give directions 
 concerning the manner in which the right to any stock or 
 chose in action vested under the provisions of these Acts 
 shall be exercised.* 
 
 24. Whenever, in any cause or matter, either by the 
 evidence adduced therein or by the admission of the parties, 
 the facts necessary for an order under these Acts shall 
 appear to the Court to be sufficiently proved, the Court 
 may, either upon the hearing of the cause, or of any 
 
 1 Trustee Act, 1850, sect. 20. s. c. 8 Law J. (Ch. N. S.) 56. 
 
 2 Lewin on "Trusts, 889, n. See, 3 Sect. 31. 
 however, Ex pa,rl£ Foley, 8 Sim. 395 ; 
 
218 TRUSTEE ACT, 1850. 
 
 petition or motion in the cause or matter, make such order 
 under the Acts.* 
 
 25. The Lord Chancellor acting in hinacy, or the Court 
 of Chancery, may exercise the powers conferred by the 
 Acts for the purpose of vesting any lands, stock, or chose 
 in action in the trustee or trustees of any charity or society 
 over which the Court of Chancery would have jurisdiction 
 upon suit duly instituted, in whatever mode such trustee 
 or trustees shall have been appointed.* 
 
 26. Where a testator devised his estates to trustees 
 upon trust for payment of debts, and the trustees dis- 
 claimed and the heir-at-law could not be found, it was 
 held that the case was within the Act,* and that the Court 
 had power * to order the solicitor of the petitioner, one of 
 the plaintiffs in the suit for administration, to convey the 
 real estate to the respective purchasers.^ 
 
 27. Where there are two or more trustees, and one of 
 them is out of the jurisdiction, the Court has power to 
 make an order vesting in the new trustees such estate as 
 was vested in the continuing and absent trustees.® 
 
 28. The Court has power to make an order vesting the 
 estate and contingent interests of infant and unborn 
 persons in a purchaser, though the purpose of the sale be 
 not only for the payment of debts.' 
 
 29. A gift of realty and of money on security does not 
 pass the legal estate, though a gift of the security might, 
 and the Court therefore appointed a person to convey the 
 interest of one of the co-heirs of the mortgagee, who was 
 an infant.^ 
 
 • Sect. 43. ' Smith v. Smith, 3 Drew. 72 ; s. c. 
 2 Sect. 46, 24 Law J. (Ch.) 229 ; 18 Jur. 1047 ; 
 ' 9th sec. overruling ife Watts' Settlement, 9 Hare 
 
 * Under the 20th sec. 106 ; He Flyer's Trust, Ibid. 220. 
 
 s Wilks V. Groom, 6 De G. M. & G. ' Wake v. Wake, 17 Jui-. 545 ; s. c. 1 
 
 205 ; s. c. 2 Jur. (S. S.) 1077 ; 4 W. W. R. 2S3 ; 21 Law T. 57, V. C. S. 
 R. 828. 8 j{g Cantl6y, 17 Jur. 124, V. C. K. 
 
TRUSTEES GENERALLY. 219 
 
 30. Where the donee of a power to jointure was required 
 in a suit instituted for that purpose to execute a deed for 
 the purpose of creating the jointure, but refused so to do, 
 it was declared on a petition being presented that he was 
 a trustee for the plaintiff to the extent of her annuity of 
 1000/. and the arrears thereof, of aU the rights and 
 interests, estates and property which were acquired by or 
 vested in him under the settlement, and a person was 
 appointed to execute the deed for the donee.* 
 
 31. The Court will vest hereditaments in the applicant 
 to uses in bar of dower ,'^ but will not add a declaration to 
 the limitations that if the applicant should die leaving a 
 widow, she should not be entitled to dower.^ 
 
 32. Where any portion of the land referred to in any 
 vesting order is of copyhold tenure, the lord's and steward's 
 fines and fees should be paid by the petitioner, and a 
 consent in writing signed by the steward should be 
 obtained, and his signature should be verified by affidavit, 
 which will be sufficient without requiring him to appear 
 by counsel, but the consent in writing should be annexed 
 to and filed with the affidavit verifying the signature, and 
 not made an exhibit thereto.* 
 
 33. The governors of a school were incorporated by 
 charter ; but new members of the corporation not having 
 been appointed to supply the vacancies, the body had for 
 many years ceased to exist. On a petition being presented 
 under Sir Samuel Romilly's Act for the settlement of a 
 
 » Ex parte the Countess of Moming- * Per M. R. Tripp, 213, n. d. 
 
 ton, 4 De G. M. & G. 537. Cooper v. Jones, 2 Jur. (IS. S.) 69 
 
 2 Davey «. Miller, 1 Sm. & G. App. s. c. 25 Law J. (Ch.) 240, V. C. S. 
 19 ; s. c. 22 Law J. (Ch.) 1054 ; 17 Jur. Ayles v. Cox, 17 Beav. 584 ; overruling 
 908 ; overruling Be Howard, 5 De G. Eowley v. Adams, 14 Beav. 130 ; sed 
 & S. 435 ; s. c. 21 Law J. (Ch.) 437 ; 3 mde contra, Re Flitcroft, 1 Jur. (N. S.) 
 W. R. 605. 418, V- 0. W. See also, Re Howard, 
 
 3 Exparie Greive, 5 De G. & S. 436, uU supra. 
 note, v. C. K. 
 
220 TRUSTEE ACT, 1850. 
 
 scheme, the appointment of trustees, and an order to 
 transfer the recently accrued funds and vest the property of 
 the charity in the new trustees, it was suggested whether 
 the case of an extinct corporation was one which could be 
 treated as the case of a trustee who could not be found. 
 It was ultimately arranged that the order to vest the 
 charity estate in the trustees should ~-be taken with the 
 consent of the Crown.^ 
 
 34. The term " sole trustee " has a clear and definite 
 meaning ; it means a person originally a sole trustee, or 
 one who has become sole trustee by surviving. Where, 
 therefore, it was uncertain whether a remaining trustee was 
 living or dead, it was considered that the case was not 
 within the Act.^ 
 
 35. Though a strange application of the interpretation 
 clause, the words "sole trustee" mean all the trustees 
 when there are more than one.^ 
 
 86. Where real estate is the subject of a contract, the 
 constructive trust must first have been declared by a decree 
 of the Court, and the reason of this is that there may 
 always be a question whether the contract can be enforced 
 by a suit for specific performance, and it would be 
 extremely inconvenient to declare the vendor to be a 
 trustee upon a petition, where that point cannot be 
 decided.* 
 
 37. In other cases, however, the Court can act upon a 
 petition with reference to a constructive trust without any 
 previous determination of title in a suit. The facts, how- 
 ever, constituting the constructive trust must be proved to 
 the satisfaction of the Court.* 
 
 ' £e Gratamar School at Yarm, 10 De G. & S. Ill ; s. c. 16 Jur. 33. 
 Hare, App. 1, 5. * Per "Wood Vice-chancellor, Kay, 
 
 2 Se Randall's "Will, 1 Drew. 401 ; 419, 420. 
 
 s. c. 1 "W. R. 174. ' £x parte Frith, 5 De G. & S. 278. 
 
 3 He Hartnall, Ex parte Hodges, 5 
 
TRUSTEES GENERALLY. 221 
 
 38. But where any special difficulty exists with reference 
 to a constructive trust, or when the facts are under dispute, 
 the Court will not allow the parties to proceed by petition, 
 but will direct a bill to be filed. ^ 
 
 39. An order may be made in a cause without a 
 petition in such cause having been previously presented 
 for that purpose.'' 
 
 40. On moving to make a decree of foreclosure in a 
 suit by an equitable mortgagee absolute, counsel asked the 
 Court to declare that the mortgagor, who was proved to 
 be out of the jurisdiction, was a trustee for the mortgagee. 
 The Court held that it could not add so special a declara- 
 tion to an order of an ordinary kind, and that any such 
 order, if made, must be made on a separate application.^ 
 
 41. As a general rule, a conveyance ought to be made, 
 and the vesting order should only be resorted to in the 
 case of its being inconvenient to obtain a conveyance, and 
 expense is not to be regarded as coming under the term 
 inconvenience. The statements in and the prayer of a 
 petition seeking for a vesting order ought to be framed as 
 carefidly as the recitals and the operative part of a deed of 
 conveyance ; but petitions are not unfrequently drawn by 
 persons who have not competent skill or time to frame 
 them as they ought to be prepared for this purpose. 
 Though there exists no doubt as to the power of the Court 
 to make a vesting order, notwithstanding there may be a 
 person capable of executing a conveyance, yet for the 
 security of titles there ought to be conveyances wherever 
 the same is practicable.* 
 
 42. One of several trustees of a sum of stock - is not a 
 
 1 Be Collinson, 3 De G. M. & 6. 409 ; s. o. 16 Jur. 1154. 
 
 s. c. 21 Law T. 81, 234. * Langhom v. Langhom, 21 Law J. 
 
 2 Wood V. Beetlestone, 1 K. & J. (Ch.) 860, V. C. P. ; JJe Manning's 
 213. Tnists, Kay, App. 28. 
 
 3 Smith V. Boucher, 1 Sm. & G. 72 ; 
 
233 TRUSTEE ACT, 1850. 
 
 person absolutely entitled within the meaning of the 
 Act ^ ; nor is a cestui que trust who has only a life interest 
 in the dividends, at least where the application is to 
 transfer the stock.'' 
 
 43. Whether a person having a life interest in the 
 dividends may be considered absolutely entitled for the 
 purpose of an appUcation to receive the dividends only, is 
 open to doubt.^ 
 
 44. It was held * that upon a sale under a decree for 
 sale for the purpose of paying costs of certain real estate 
 to which infants were beneficially entitled in case they 
 survived their mother and attained twenty-one, that the 
 infants were not constructive trustees, and that a vesting 
 order in favour of the purchaser could not be made.^ 
 
 45. After tender to the vendor of a conveyance duly 
 settled by the Judge, and his refusal to convey or receive 
 the purchase money, he was declared a trustee within the 
 Act, and the purchaser was allowed to pay his purchase* 
 money into court, and thereupon his soHcitor was to 
 execute the conveyance for the vendor.® 
 
 46. In the case cited below,'' a person was appointed to 
 convey an outstanding legal estate to the new trustees for 
 a charity under a scheme approved by the Court, 
 
 47. After a decree for the sale of an intestate's copyhold 
 estate in lots, but before the sale, the infant heir of the 
 intestate was admitted ; it was held that a petition for a 
 vesting order was properly presented by the purchaser, 
 whose money was in court, and that the costs of the order 
 
 ' 23rd and 24th sections. s. c. 16 Jut. 1010. 
 
 = Mackenzie v. Mackenzie, 5 De G. " Sect. 30 and sect. 2 of Extension 
 
 &S. 338 ; s. o. 21 Law J. (Ch.)38.5; 16 Act ; Warrender v. Foster, 1854, V. C. 
 
 Jur. 723. S., cited, Setou, 419. 
 
 ^ Ibid. 7 Re Basingstoke School, L. L. J. 
 
 ■• Under the 29th section. 1850, cited, Seton, 416. 
 
 5 Weston V. Filer, 6 De G. & S. 608 ; 
 
TRTJSTEES GENERALLY. 223 
 
 were to be borne by the vendors, and to be paid out of the 
 purchase money of the particular lot, and not out of the 
 fund in court generally.* 
 
 48. A lessee who mortgages his term with the reserva- 
 tion of a day, and covenants to stand possessed of the 
 reversion in trust for the mortgagee and his assigns, is not 
 a trustee within the Act.^ 
 
 49. Where A., without devising lands to his executors, 
 directed them to sell the lands and apply the money, and 
 after the date of his will contracted to sell the lands to B., 
 the Court made an order vesting in the executors the 
 estate outstanding in his heir.^ 
 
 50. It would appear that when two executors are 
 appointed and only one proves, the Court wiU not make 
 a vesting order in favour of the one who proves unless the 
 other disclaims.* 
 
 61. On a bill filed by purchasers from a father and son 
 having a joint power of appointment under a settlement 
 against the infant heir in tail of the son, who had died 
 before the completioti of the purchase, the Court made an 
 order discharging the estate from the contingent rights of 
 the unborn claimants under the settlement, and appointing 
 a person to convey in the place of the infant.^ 
 
 52. Where lands were devised with a direction that the 
 same, after payment of debts and legacies, should be con- 
 veyed to the son of the testator subject to an annuity, the 
 Court made an order directing the trustee to convey to 
 the son without the consent of the annuitant.^ 
 
 53. Where a person being tenant in tail is also a 
 trustee, and an application under these Acts is necessary, 
 
 ' Ayles V. Cox, 17 Beav. 584. ° Hargreaves v. Wright, 1 W. E. 
 
 2 Jte Propert or Probert, 22 Law J. 408, V. C. W. 
 
 (Ch.) 948 ; s. c. 1 W. B. 2g7, L. L. J. * ife Winteringham's Trusts, 3 W. R. 
 
 3 lie Badcock, 2 W. E. 386, V. C. K. 578, V. C. W. 
 * Ibid. 
 
224 TRUSTEE ACT, 1850. 
 
 the convenient course appears to be to obtain an order 
 appointing a person to convey. This will admit of the 
 protector (if there be one) of the settlement and all neces- 
 sary parties joining in the conveyance, which can then be 
 pei^ected in the manner prescribed by the Fines and 
 Recoveries Abolition Act, 3 & 4 W. 4, c. 74.* 
 
 54. It would seem that the trustee must be perma- 
 nently out of the jurisdiction of the Court, and not for a 
 time only. Therefore, where one of three trustees of stock 
 was absent beyond sea, commanding a merchant vessel 
 on an East India voyage, it was held that he was not out 
 of the jurisdiction of the Court.'' 
 
 55. The husband of an executrix who is out of the 
 jurisdiction is a trustee within the Act.' 
 
 56. The Court has no power* to make an order vesting 
 clioses in action or the right to transfer stock in the cestui 
 que trust only.® 
 
 57. It would appear also that the same rule applies to 
 the case of an order directing the transfer of shares in a 
 bank.^ 
 
 58. A debtor resident in India pledged shares held by 
 him in a joint-stock banking company in England with a 
 creditor in England with an authority by letter to sell, 
 which was communicated to and recognised by the bank- 
 ing company. The creditor, in exercise of the authority, 
 sold the shares to a purchaser. Upon the petition of the 
 purchaser, it was held that the shares were " stock," and 
 that the debtor in India, being constructively a trustee. 
 
 ' J?e Jay, 1 Hayes' Conv. 473 ; Inoe, ^ 22nd sec. Ex parte Bradshaw, 2 
 
 97; PoweU v. Matthews, V. C. W., De G. M. & G. 900; s. c. 22 Law J. 
 
 Eeg. Lib. B. 1854, f. 1423. The report (Ch.) 180. 
 
 of this case in 1 Jur. (N. S.) 973, is ■• Under the 22nd sec. 
 
 inaccurate. ' Se Brass' Trusts, 4 W. R. 764, V. 
 
 2 Hutchinson v. Stephens, 5 Sim. C. K. 
 
 498. « Ibid. 
 
TRUSTEES GENERALLY. 225 
 
 was a trustee for the purchaser within the meaning of the 
 Act, and the Court made an order directing a specified 
 person to transfer the shares to the petitioner.^ 
 
 59. The Court will vest in trustees the right to receive 
 future dividends. '^ 
 
 60. It would seem that the Act^ does not extend to the 
 case of the absence of the personal representatives of a 
 deceased person resident in a foreign country whose will 
 has been made abroad and has not been proved in this 
 country, or in case of intestacy where letters of adminis- 
 tration have been obtained from a foreign court. The Act 
 only provides for the absence of legal personal representa- 
 tives whom the courts of this country recognise as such. 
 In such a case, probate or letters of administration should 
 be obtained from the Court of Probate here, in order to 
 bring the case within the operation of the Act.* 
 
 61. It would appear that the Court has no jurisdiction^ 
 to make an order with reference to stock in any case 
 where there is no personal representative.^ An executor, 
 however, who refuses to take out probate is a personal 
 representative within the meaning of the Act.^ 
 
 62. Where, however, the executor of a surviving trustee 
 had not proved the will, and had neglected to transfer 
 stock on the requisition of new trustees appointed out of 
 court, it was held that the Court had power to make an 
 order vesting the right to transfer the stock in the new 
 
 1 Re. Aiigelo, 5 De G. & S. 278 ; s. e. 3 25tli sec, 
 
 16 Jur. 831 ; 18 Law T. 316. ■* Lee v. the Bank of England, 8 
 
 2 Be Peyton's Settlement, 25 Beav. Ves. 44, ^jcr SirWm. Grant, M.E. This 
 317 ; s. c. 27 Law J. (Ch.) 476; 4 Jur. case arose under the then existing 
 (N". S.) 370 ; 6 W. R. 429 ; on App. Statute with respect to stock, 36 Geo. 
 2 De G. & J. 290; s. c. 27 Law J. (Ch.) 3 o. 90, hut still it is an authority 
 476 ; 4 Jur. (K S.) 469 ; 6 W. E. 453 ; under the present Act. 
 
 31 Law T. 127 ; ovenniling on this ' xSnAsx the 25th sec. 
 
 point, Be Hartnall, Ex -parte Hodges, 6 ijgLunn's Charity, 15 Sim. 464. 
 
 5 De G. & S. Ill; s. c. 16 Jur. 33, ? Mx p(urteWm\x,x, 5 Russ. 284. 
 where a different reiport. 
 
226 TRUSTEE ACT, 1850. 
 
 trustees. The Court, however, directed the circumstances 
 bringing the case within the Act to be inserted in the 
 order.* 
 
 63. Real estates devised to married women and infants 
 having been sold, under a decree in a creditor's suit, in 
 several lots, the Court appointed the plaintiff's solicitor to 
 convey their shares to the several purchasers.'^ 
 
 64. Where the trustees of a will of real estate in Canada 
 were dead, and the heir-at-law of the survivor was out of the 
 jurisdiction, the Court^ made an order vesting the legal estate 
 of the lands in Canada in a party beneficially entitled.* 
 
 65. Where a testator had in his lifetime agreed to give an 
 option to his lessee to purchase the fee, and the lessee did 
 not declare for the option until after the testator's decease, 
 an infant tenant in tail of the legal estate under the 
 testator's will is not a trustee for the lessee so desirous 
 of purchasing within the meaning of the Act.^ 
 
 66. Where A. covenanted to surrender copyholds to 
 the use of B., and in the meantime and until such 
 surrender should be made, that A. would stand seised of 
 the copyholds "upon trust for and to surrender the 
 same unto B.," and A. went out of the jurisdiction 
 without making any surrender, an order was made for 
 the appointment of a person to surrender the copyholds 
 to B.« 
 
 67. Upon a partition, the shares of the parties being 
 very minute and complicated, the Court, to save expense, 
 and instead of directing a conveyance of the several shares, 
 declared each of the parties a trustee as to the shares 
 allotted to the others of them, and vested the whole trust 
 
 1 Re Ellis' Settlement, 24 Beav. 426. " Ri 'Weediiig's Estate, 4 Jur. (N. S.) 
 
 ' Hancox )-. Spittle, 3 Sm. & G. 478. 707 : s. c. 32 Law T. 11, V. C. W. 
 
 ■' Under the 54tli sec. e Re Collmgwood's Trusts, 6 W. R. 
 
 •• ife Schofield, 24 Law T. 322, V. 536, Y. C. W 
 C. K. 
 
MORTGAGEES GENERALLY. 
 
 227 
 
 estate in a single new trustee, with directions to convey 
 to the several parties their allotted shares.' 
 
 68. Where an illegitimate testator who dies without 
 issue devises his estate to a trustee who predeceases hira, it 
 would seem that a vesting order cannot be made as against 
 the Crown, so as to vest the estate in a new trustee. ** 
 
 Section V. 
 Mortgagees Generally. 
 
 \. Provisimis of the Act as to lands 
 vested m mortgagees. 
 
 2. Meaming of term " reconveyance." 
 
 3, Court vrill vest hereditaments in ex- 
 ecutors of deceased mortgagee. 
 
 i. Illegitimate mortgagee, legal estate 
 vested in purchaser. 
 
 5. Some of cestuis que trust rrw/y repre- 
 sent the rest. 
 
 6. Vesting order of mortgaged pre- 
 mises vnll ie made to uses to bar 
 dower. 
 
 7. Meaning of ■ defmU/Ums "merely 
 u, security for money " or " mort- 
 gage." 
 
 8. Mortgaged estate vjill not be vested in 
 administrator of mortgagee. 
 
 We shall in the present section consider the branch of 
 the statute which has relation to mortgagees generally 
 who are neither lunatics, nor of unsound mind, nor infants. 
 
 1 . When any person to whom any lands have been con- 
 veyed by way of mortgage shall have died without having 
 entered into the possession or into the receipt of the rents 
 and profits thereof, and the money due in respect of such 
 mortgage shall have been paid to a person entitled to 
 receive the same, or such last-mentioned person shall 
 consent to an order for the reconveyance of such lands, 
 then in any of the following cases the Court is empowered 
 to make an order vesting such lands in such person or 
 
 1 Shepherd v. ChurchUl, 25 Beav. ^ Bartlett v. Bartlett, V. C. of Lan- 
 
 21. caster, 4th Feb. 1858, cited, Inco, 91. 
 
 Q 2 
 
328 TRUSTEE ACT, 1850. 
 
 persons in such manner and for such estate as the Court 
 shall direct ; that is to say : 
 
 When an heir or devisee of such mortgagee shall be out 
 of the jurisdiction of the Court, or cannot be found. 
 
 When an heir or devisee of such mortgagee shall, upon 
 a demand by a person entitled to require a conveyance 
 of such lands, or a duly authorised agent of such 
 last-mentioned person, have stated in writing that he 
 will not convey the same, or shall not convey the 
 same for the space of twenty-eight days next after a 
 proper deed for conveying such lands shall have been 
 tendered to him by a person entitled as aforesaid, 
 or a duly authorised agent of such last-mentioned 
 person. 
 
 When it shall be uncertain which of several devisees of 
 such mortgagee was the survivor. 
 
 When it shall be uncertain as to the survivor of several 
 devisees of such mortgagee, or as to the heir of such 
 mortgagee, whether he be living or dead. 
 
 When such mortgagee shall have died intestate as to 
 such lands, and without an heir, or shall have died 
 and it shall not be known who is his heir or 
 devisee.' 
 
 2. A conveyance from the heir of the mortgagee to the 
 executor or administrator of the mortgagee is comprised 
 within the term " reconveyance." The legislature did not 
 mean by this term a case of simple reconveyance in the 
 literal sense of the word.'' 
 
 3. The Court may^ make an order vesting in the 
 
 1 Sect. 19. ruling Re Meyrick's Estate, 9 Hare 
 
 '' lie Boden's Estate, 9 Hare 820 ; s. u. 116. 
 21 Law J. (Ch.) 316 ; 16 Jur. 279 ; ' Under the 9th sec. 
 on App. 1 De G. M. & G. 57 ; over- 
 
MORTGAGEES GENERALLY. 229 
 
 executors of a deceased mortgagee in fee who has died 
 intestate as to trust estates the legal estate outstanding in 
 the heir-at-law out of the jurisdiction of the Court, and 
 that whether the mortgagee has or has not before his 
 death been in the receipt of the rents and profits of the 
 mortgaged property.' 
 
 4. Where a mortgagee in fee who was illegitimate and 
 died without issue, after directing payment of debts, devised 
 her real estate to a ^trustee upon certain trusts which were 
 considered inconsistent with an intention to pass the 
 mortgage estate, the Court made an order vesting the 
 legal estate in the mortgaged premises in a purchaser, 
 the money having been paid off.'' 
 
 5. Upon a petition for the reconveyance of mortgaged 
 premises, the equity of redemption of which was in 
 trustees, upon the question whether some of several cestuis 
 que trust sufficiently represented the parties beneficially 
 interested, it was held that the Court had power to 
 adjudicate upon such a petition.* 
 
 6. A mortgagee in fee of real estate died intestate as to 
 the mortgaged premises, which descended on his death to 
 his heir, the Court, upon petition by his executors, one of 
 whom was a married woman, made an order vesting the 
 legal estate in the petitioners to such uses as they should 
 appoint, and in default to the use of -the petitioners in fee 
 subject to the equity of redemption, in order to enable 
 them to reconvey to the mortgagor without the necessity 
 of having the deed acknowledged by the married woman, 
 under the Fines and Recoveries Act.* 
 
 1 He Skitter's Mortgage Trust, 4 W. 51, and irrespeotiTe of the Trustee Act, 
 E. 791, V. C. "W. ; iJc Lea's Trust, 6 1850 ; Be Sharpley's Trust, 1 "W. R. 
 W. E. 482, V. C. W. 271, V. C. K. 
 
 2 Re Minchin's Estate, 2 W. R. 179, * He Powell, 4 K. & J. 338 ; s. c. 6 
 V. C. W. "W. R. 136. 
 
 3 Under the 15 & 16 Vict., c. 86, s. 
 
230 TRUSTEE ACT, 1850. 
 
 7. In consideration of money lent, real estate was con- 
 veyed to the lender his heirs and assigns, upon trust in 
 case the principal money and interest should be repaid by 
 a given day for the borrower his heirs and assigns, but in 
 case default should be made then upon trusts for sale, and 
 the trusts of the purchase money were declared to be for 
 payment of the principal money, interest, and costs, and 
 subject thereto for the borrower, " his executors, adminis-_ 
 trators, and assigns." Default having been made, it was 
 held that the trust of the surplus, being for the borrower, 
 " his executors, administrators, and assigns," and not for 
 him, " his heirs and assigns," the deed operated to convert 
 the property as between his real and personal repre- 
 sentatives. It was therefore more than " merely a security 
 for money," more, that is, than a " mortgage," as defined 
 by the second section of the Act ; it was a deed 6f " trust " 
 within the meaning of the fifteenth section of the Act, and 
 the lender having died intestate, and it being impossible to 
 find his heir, the Court had power to make a vesting 
 order under that section.' 
 
 8. It would appear that upon the legal estate in mort- 
 gaged property having descended to the heir of the 
 mortgagee, the Court will not, where there is no sale or 
 transfer proposed, vest the estate in the administrator of 
 the mortgagee, although such administrator is beneficially 
 interested in the money secured.'* 
 
 1 TJe Underwood, 3 K. & J. 745 ; s. ^ Re Hewitt, 27 Law J. (Ch.) 302 ; 
 c- 30. Law T. 90 ; e W. E. 866. Full Court of Appeal 
 
APPOINTMENT OF NEW TRUSTEES. 
 
 231 
 
 Section VI. 
 
 Appointment of New Trustees. 
 
 9. 
 10. 
 
 11. 
 
 12. 
 13. 
 14. 
 
 15. 
 
 Court inay appoint new trustees. 
 On appointment of new trustees 
 Court may make vesting order: 
 Court may appoint trustee m place 
 of convicted felon. 
 
 Appointment of new trustee, how far 
 to operate as a discharge. 
 Old trustees and cesttis que trust 
 mtist appear. 
 
 New trustees m/ust testify flieir con- 
 sent to act. 
 
 Court vnll appoint hiistees as well 
 as make vesting order. 
 Power to appoint new trustees should 
 only te resorted to in cases of diffi- 
 culty. 
 
 Two new trustees will he appointed 
 in place of one old trustee. 
 But one trustee only will not be ap- 
 poivied in place of more than one 
 originally. 
 
 Truest fvmd will not he placed in 
 power of sole trustee. 
 Trustees represent their cestuis que 
 trust. 
 
 t>isclaiming trustees are "existing 
 trustees." 
 
 Where one of several trustees out of 
 ju/risdietion, and others to conMnue, 
 vesting order Tnade. 
 Where a party has a power to ap- 
 point, but refuses, great caution will 
 
 16. Court will not remove a trustee vnl- 
 ling to act. 
 
 17. As to form of vesting order. 
 
 18. Ccywrt will appoint new trustees of a 
 deed, the validity of which is dis- 
 
 19. 
 
 20. 
 
 21. 
 
 Trustee appointed in place of infant 
 
 having beneficial interest. 
 
 Court will not appoint new trustee 
 
 in place of trustee temporarily out 
 
 of jurisdiction. 
 
 Trustee going out of jv/risdiction, 
 
 application, to Court proper under 
 the circumstances. 
 
 22. Where donees im India appointed two 
 trustees iniiead of three, Court ap- 
 pointed remaining trustee. 
 
 23. Where trustee desires to he dis- 
 charged. 
 
 24. As to appointment in place of re- 
 tiring trustee. 
 
 26. Two trustees appointed im, addition 
 to two existing trustees. 
 
 26. "Persons absolutely entitled" to 
 stock under the circumstances. 
 
 27. Trustee domiciled in New York Iield 
 " incapable of acting." 
 
 28. Foreigners will not he appointed 
 trustees of a trust fund. 
 
 29. Trustee appointed in place of infant. 
 
 30. One sole trustee appointed in place 
 of lunatic trustee. 
 
 31. Cestui que trust will he appointed 
 trustee under special circumstances. 
 
 32. M. B. will not appoint near relative 
 
 33. JBut this rule not followed by the 
 other judges. 
 
 34. Property should he mentioned in 
 vesting order generally, and not 
 parcel by parcel. 
 
 35. Trustee may disclaim by deed or by 
 coumsel at the bar. 
 
 36. Vesting order of leaseholds made in 
 absence of owner of reversion. 
 
 37. Petition of tenant for life must be 
 served on remaindermcm. 
 
 38. Bankrupt trustee ordered to he 
 removed, 
 
 39. Where no English representative of 
 trustee of stock. 
 
 40. Leaseholds vested in old and new 
 trustees as joint tenants. 
 
 41. New trustee appointed where diffi- 
 culty in obtaining limited ad/mi/nis- 
 t/ration. 
 
 42. As to new trustee of copyholds. 
 
232 TRUSTEE ACT, 1850. 
 
 43. Order made on one petition where 
 
 4i. As to j%msdietio7i of Gmurt of Lcm- 
 caster. 
 
 45. Where no existing trustee. 
 
 46. Appointment made though power in 
 viill. 
 
 47. Where lamd situate im, Ireland. 
 
 48. Where no legal personal representa- 
 ti/ee. 
 
 49. Trustees appomted under petition m 
 hmacy and chamcery. 
 
 50. No order will be made for re- 
 transfer of stock. 
 
 51. Whereportion only of stock belongs to 
 trust. 
 
 52. Where one of the old trustees refuses 
 to transfer. 
 
 53. As to bankrupt trustees. 
 
 54. As to intituling of bamjcrvpt peti- 
 tion. 
 
 55. Amnwitwnts should be petitioners. 
 
 56. Mortgagor not necessary party. 
 
 57. 58, 59. As to ei/rcmnstmices v/nder 
 which trustee will be appointed in 
 place of bankrupt. 
 
 60. Powers conferred by the Lunacy 
 Regulation Act, 1853. 
 
 1. Whenever it is expedient to appoint a new trustee 
 or new trustees, and it is found inexpedient, difficult, or 
 impracticable so to do without the assistance of the Court 
 of Chancery, the Court is empowered to make an order 
 appointing a new trustee or new trustees, either in sub- 
 stitution for or in addition to any existing trustee or 
 trustees,' and whether there be any existing trustee or not 
 at the time of making such order '^j and the person or 
 persons who, upon the making of such order, shall be 
 trustee or trustees, shall have the same rights and powers 
 as if he or they had been appointed by decree in a suit 
 duly instituted for such purpose.^ 
 
 2. Upon making any order for appointing a new trustee 
 or new trustees, the Court is empowered, either by the 
 same or by any subsequent order, to direct that any lands 
 subject to the trust, shall vest in the person or persons 
 who, upon the appointment, shall be the trustee or trustees 
 for such estate, as the Court shall direct * ; or to vest the 
 right to call for a transfer of any stock subject to the trust, 
 or to receive the dividends or income thereof, or to sue for 
 or recover any chose in action subject to the trust, or any 
 
 1 Trastee Act, 1850, sect. 32. ' Trustee Act, 1850, sect. 33. 
 
 ' Trustee Extension Act, sect. 9. ■* Sect. 34. 
 
APPOINTMENT OF NEW TRUSTEES. 233 
 
 interest in respect thereof, in the person or persons who, 
 upon the appointment, shall be the trustee or trustees.^ 
 
 3. And when any person is jointly or solely seised or 
 possessed of any lands, or entitled to any stock upon any 
 trust, and such person has been or shall be convicted of 
 felony, the Court is empowered, upon proof of such con- 
 viction, to appoint any person to be a trustee in the place 
 of such convict, and to make an order for vesting such 
 lands, or the right to transfer such stock, and to receive 
 the dividends or income thereof, in such person to be so 
 appointed trustee.** 
 
 4. Any such appointment by the Court of new trustees, 
 and any such conveyance, assignment, or transfer, shall 
 operate no further or otherwise as a discharge to any 
 former or continuing trustee than an appointment of new 
 trustees under any power for that purpose contained in 
 any instrument would have done.^ 
 
 5. The old trustees and all t^ie cestuis que trust must 
 appear either as petitioners or respondents and infants by 
 their next friend or guardian.* 
 
 6. A certificate or memorandum in writing, signed by 
 the new trustees, testifying their willingness or consent to 
 accept the trusts or become trustees, with an affidavit 
 verifying their signatures, is indispensable.® There must 
 also be an affidavit of the fitness of the proposed trustees 
 by some independent and disinterested person well 
 acquainted with the parties, but not engaged as solicitor 
 in the cause or matter.^ The consent of the proposed 
 trustees cannot be evidenced by an affidavit of a third 
 
 1 Sect. 35. 800> M. R. ; jBe Fellows' Settlement, 
 
 2 Trustee Extension Act, sect. 8. 2 Jur. (N. S.) 62, V. C. W. ; Seton, 
 
 3 Trustee Act, 18.50, sect. 36. 414. Sed vide infra, 235, p. 12. 
 * Be Sloper, 18 Beav. 696 ; Re 5 Tripp, Ch. P. 222, n. a. 
 
 Draper's Settlement, 2 W. E. 440, V. " Ibid. 96, n. f. ; Grundy v. Bucke- 
 
 C. S. ; Re Battersty'a Trust, 16 Jur. ridge, 22 Law J. (Ch.) 1007 ; s. 
 
234 TRUSTEE ACT, 1850. 
 
 party. It may be shown, however, by counsel at the bar'; 
 but the usual practice now is for the new trustees to testify 
 their consent to act by means of a memorandum, as above 
 mentioned. 
 
 7. Where there is a power of appointing new trustees, 
 but a vesting order is nevertheless necessary, the Court, in 
 order to save expense, will appoint the new trustees, as' 
 well as make the vesting order.'^ 
 
 8. Though the Act>^ empowers the Court in certain 
 cases to make an order for the appointment of new 
 trustees, and for vesting lands in such new trustees, yet 
 such powers should only be exercised in those cases which, 
 from their peculiar circumstances, require the interposition 
 of the Court. The appointment of new trustees, however, 
 must necessarily precede the vesting order ; and therefore, 
 virhere the object of appointing a new trustee was to get 
 the estate out of the lunatic trustee, this circumstance was 
 considered such a case of difficulty as to warrant the Court 
 in appointing a new trustee, and making the requisite 
 vesting order.* 
 
 9. Where there is only one trustee appointed of a deed 
 or will, the Court will authorise the appointment of two 
 trustees in his place,® the Court not being limited to the 
 number of trustees originally nominated.® 
 
 10. On the other hand, the Court wiU not appoint one 
 new trustee to supply the place of more than one originally 
 constituted.^ 
 
 11. The Court wiU never place a trust fund belong- 
 
 G. 17, Jur. 731, V. 0. "W. ; Ex parte, Law T. 267, L. L. J. 
 
 Tunstall, 4 De G. &. S. 421 ; s. o. 16, ^ 32nd, 33rd, and 34th sections. 
 
 Jur. 645, 981. ■• Re Davies, 3 Mac. & G. 278. 
 
 1 JJe Parke's Trust, 21 Law T. 218, * &: jjarfe Tunstall, ubi supra. 
 V. C. S. s Plenty v. "West, 16 Beav. 356. 
 
 2 He Cooper's Settlement, 25 Law ' JJe Ellison's Trust, 2 Jur. (N. S.) 
 J. (Ch.) 685 ; s. c. 4 W. K. 729 ; 27 62, V. C. W. 
 
APPOINTMENT OF NEW TRUSTEES. 235 
 
 ing to persons not sui juris in the power of a sole 
 trustee.' 
 
 12. Where the shares of children under a marriage 
 settlement have become settled, it is not necessary to set 
 out the trusts of the several sub-settlements, or to give any 
 particulars as to the grandchildren, and the trustees will 
 sufficiently represent their cestuis que trust. ^ 
 
 13. Trustees who have disclaimed are existing trustees 
 within the meaning, of the Act.^ As, however, the estate 
 of disclaiming trustees vests in the settlor or heir at law of 
 the testator, special care should be taken as to the terms 
 of the vesting order. 
 
 14. The Court will * now make an order vesting lands 
 in a new trustee jointly with continuing trustees, notwith- 
 standing the doubts formerly entertained whether such a 
 course would sever the joint tenancy.® 
 
 15. The Coui-t will use great precautions before appoint- 
 ing new trustees of any deed or will where a party who 
 has the power to appoint new trustees, refuses to exercise 
 the same.^ 
 
 16. The Court under this Act will not remove a trustee 
 who is wiUing to remain, though he may have disclosed his 
 intention of exercising his powers corruptly, nor when 
 there is a trustee de facto acting as such.^ A charge of 
 vexatious conduct as a ground for removing a trustee must 
 be made by bill and not by petition.^ 
 
 1 ifeDickiason'3 Trusts, 1 Jiir. (N.S.) ruling Re Watts's Settlement, 9 Hare, 
 724 V. C. W. 1"^ ; ^ Flyer's Trast, Ibid. 220. 
 
 2 iJe Smyth, 2 De G. & S. 781. " -^e Hodson's or Hodgson's Settle- 
 
 3 Be, Tyler's Trust, 5 De G. & S. 56 ; ment, 9 Hare, 118 ; s. c. 20 Law J. 
 Trustee Extension Act, s. 9. (Ch-) 551 ; 16 Jur. 652. 
 
 * Under the 10th sec. ' I^id. Ex parte, Hadley, 5 De 6. & 
 
 6 Smith V. Smith, 3 Drew. 72 ; s. c. S. 67. 
 
 24 Law J. (Ch.) 229 ; 18 Jur. i047, and » Re Bridgman, 8 W. E. 598 ; s. c. 
 
 Re the Marquis of Bute's Will, John. 2 Law T. (N. S.) 560 ; 29 Law J. (Ch.) 
 
 15; s. c. 5 Jur. (N. S.) 487; over- 844, V. C. K. 
 
236 TRUSTEE ACT, 1850. 
 
 17. By the several provisions relating to " lands," the 
 Lord Chancellor or Court may order that the same be 
 vested in such manner and for such estate as the Lord 
 Chancellor or the Court shall direct. The nature of the 
 estate vested has in some instances been expressed in the 
 order; but it being sometimes a matter of difficulty to 
 ascertain the exact nature of the estate to be vested, the 
 form usually adopted is to vest the lands, &c., for the 
 estate and interest of the trustee under disability, or 
 the person or persons vfho, before the order, were the 
 trustee or trustees (if any), as the vesting order is to have 
 the same effect as if the trustee under disabihty, or the 
 person or persons who, before the order, were trustee or 
 trustees (if any), had duly executed a conveyance and 
 assignment. In case of separate trusts, or if any exchange, 
 or sale, or reinvestment in laud has taken place since the 
 creation of the trust, care must be taken to express the 
 order so that the exchanged or purchased estates may be 
 included.^ 
 
 18. Though the Court will not on a petition under this 
 Act express any opinion as to the validity of a deed, it has 
 nevertheless jurisdiction, and is bound to appoint • new 
 trustees to protect the property for the persons rightfully 
 entitled to it; but in doing so, the proceeding will not 
 affect the rights or liabilities of any parties under the 
 deed.^ 
 
 19. The Court will appoint a new trustee in the room 
 of an infant having a beneficial interest appointed by the 
 testator, together with two other persons.^ 
 
 20. The Court will not order the removal of a trustee 
 merely on the ground of his having gone out of the juris- 
 
 1 Seton, 415. 18i; 32 Law T. 289; 7 "W. R. 224. 
 
 = Se Matthews, 26 Beav. 463 ; s. o. ^ Re Gartside's Estate, 1 W. R. 196, 
 
 28 Law J. (Cli.)295 ; s. c. 6 Jur. (K. S.) V. C. W. 
 
APPOINTMENT OF NEW TRUSTEES. 237 
 
 diction, because he may be only absent for a limited 
 time.^ 
 
 21. A trustee going out of the jurisdiction is- not 
 thereby incapable, unwilling, or unable to act within the 
 terms of the power to appoint new trustees, and an appli- 
 cation to the Court therefore in such a case is proper. 
 But if a breach of trust has been committed, the Court, 
 though it sanctions the appointment of a new trustee, will 
 make no order as to the trust property.'^ 
 
 22. Where the donees of a power resident in India, 
 supposing that only two trustees had disclaimed instead 
 of three, as was the case, appointed only two, the Court 
 appointed a trustee in the place of the third trustee.^ 
 
 23. A new trustee wiU be appointed by the Court 
 where the power to appoint new trustees only contains the 
 words " shall die, or become incapable, or be unwilling to 
 act," and where a trustee who has acted desires to be 
 discharged from the trusts.* 
 
 24. In like manner a new trustee was appointed by the 
 Court where the power to appoint new trustees only con- 
 tained the words " die, or decline, or become incapable to 
 act," and where a trustee who had acted was anxious to 
 retire.® 
 
 25. Where the trust property had been very much 
 increased, two trustees were appointed in addition to two 
 existing trustees, in a case where only two trustees were 
 originally appointed.^ 
 
 26. The surviving trustee of a sum of stock neglected 
 
 1 ife Mais, 21 Law J. (Ch.) 875 ; s. R. 448, V. C. S. 
 
 c. 16 Jut. 608, V. C. K. ^ He Armstrong's Settlement, Itiid. 
 
 2 He Harrison's Trusts, 22 Law J. M. R. 
 
 {Ch ) 69 M. R. " ^ Boycott's Settlement Trusts, 
 
 3 Se Humphry's Estate, 1 Jur. (K Ibid. 15 ; s. c. 28 Law T. 120, V. C. 
 S.) 921, V. C. W. W. 
 
 * Re Woodgate's Settlement, 6 W. 
 
238 TRUSTEE ACT, 1850. 
 
 for twenty-eight days after a request in writing had been 
 made to him by persons who had been duly appointed new 
 trustees to transfer the stock to them. The Court held 
 that they were persons absolutely entitled to the stock 
 within the meaning of the Act, and ordered the stock to 
 be transferred to them.^ 
 
 27. In a deed of settlement of property in the City of 
 London, it was declared that if either of the trustees 
 should die, or decline, or become incapable to act, it 
 should be lawful to appoint a trustee in his room. One 
 trustee having for several years been domiciled in New 
 York as a bookseller, it was held he was incapable of 
 acting within the meaning of the deed.*^ 
 
 28. By a deed-poll declaring the trusts of certain sums 
 of stock, power was reserved to the trustees to invest the 
 trust moneys in the French funds. The trustees, although 
 applied to by the tenant for life to make such investment, 
 refused to do so, and paid the trust fund into court under 
 the Trustee Relief Act. Upon a petition presented by the 
 tenant for life, praying for the appointment of three 
 foreigners resident in Paris as trustees, in the room of 
 the old ones, and the transfer of the trust funds to them 
 accordingly, the Court refused to make the order.^ 
 
 29. Where a power of sale is given by will to two 
 trustees, one of whom is an infant, the Court will appoint 
 a new trustee in the place of the infant.* 
 
 30. One sole trustee was appointed in the place of a 
 lunatic trustee where the trust was shortly to be wound up, 
 and there had been but one trustee originally.^ 
 
 31. Where the trusts are onerous, and other persons 
 
 ' Ex parte Bussell, 1 Sim. (N. S.) ^ i?e Guibert, 16 Jur. 852, M. E. 
 
 404 ; s. c. 20 Law J. (Ch.) 196. " Re Porter's Trusts, 25 Law J. (Cli.) 
 
 2 Meimard o. Welford, 1 Sm. & G. 482 ; s. o. 2 Jur. (N. S.) 349, V. C. W. 
 
 426 ; s. c. 22 Law J. (Ch.) 1063. » Re Reyiiault, 10 Jur. 233, L. C. 
 
APPOINTMENT OF NEW TRUSTEES. 239 
 
 cannot be found to undertake them, or where there are 
 special circumstances, the Court will appoint one of the 
 cestuis que trust to be trustee.' 
 
 32. The Master of the Rolls will not appoint a near 
 relative a trustee, unless it is absolutely impossible to 
 obtain some one unconnected with the family to undertake 
 that office.^ According to his Honour's observation and 
 experience, the worst breaches of trust are committed by 
 relatives, who are unable to resist the importunities of 
 their cestuis que trust when they are nearly related to 
 them. 
 
 33. This rule has not, however, been adopted by the 
 other judges.' 
 
 34. When a vesting order is obtained on the appoint- 
 ment of new trustees, the property should be described 
 generally, and not parcel by parcel.* It cannot be expected 
 that either the Court or the new trustees should determine 
 the correctness of any specific description. 
 
 35. A trustee who refuses to accept or act in the trusts 
 may either execute a deed of disclaimer, or disclaim by 
 counsel at the bar, whichever course may be considered 
 the most convenient.^ 
 
 36. The surviving trustee of leaseholds died intestate, 
 and no administration had been taken out. The Court 
 appointed a new trustee, there being no clause against 
 assignment, and made a vesting order in the absence of 
 the landlord, the owner of the fee.^ 
 
 37. A petition by a tenant for life for a vesting order 
 to vest property in a new trustee appointed in the place 
 
 1 Ex parte Glutton, 17 Jur. 988, V. ' Foster v. Dawber, 8 W. R. 646, 
 C. W. ; Ex pa/rte Conybeare's Settle- V. C. K. ; overrulmg on this point, Re 
 ment, 1 W. E. 458, L. L. J. Ellison's Tmst, 2 Jur. (N. S.) 62, V. 
 
 2 Wilding V. Bolder, 21 Beav. 222. c. W. 
 
 3 Morgan, 103. 6 Be Matthew's Settlement, 2 W. R. 
 < iteOrd'sTrast,3W.R.386,V.C.W. gg ; g. c. 22 Law T. 211, V. C. W, 
 
240 TRUSTEE ACT, 1850. 
 
 of a trustee out of the JTU-isdiction, must be served on the 
 remainderman. It must be proved by affidavit inter alia 
 that the power has been properly exercised, and that the 
 proposed trustee is a fit and proper person.^ 
 
 38. A bankrupt trustee was ordered to be removed and 
 to convey the trust property to a new trustee ; but it was 
 held that there was no necessity for the assignees to join 
 in the conveyance. The costs were directed to be paid by 
 the petitioner, who was held entitled to be reimbursed out 
 of the trust fund.*^ 
 
 39. A surviving trustee of a settlement of stock having 
 died, his widow took out administration with the will 
 annexed in Ireland. There was no representative in 
 England. A petition was presented under the former Act 
 for the appointment of new trustees and for a vesting 
 order, but the order was refused.^ 
 
 -40. An order was made vesting leaseholds in continuing 
 and new trustees as joint tenants.* 
 
 41. Where the last surviving trustee of a term of years 
 died in 1799, and it appeared that there would be great 
 difficulty and expense in obtaining limited administration, 
 the Court appointed a new trustee.^ 
 
 42. In the case cited below,^ an order was made 
 appointing a new trustee of a copyhold estate, and direct- 
 ing a person to complete the assurance of the estate to 
 such new trustee. 
 
 43. The Court made an order upon one petition for the 
 appointment of new trustees in the place of retiring trus- 
 tees and a lunatic trustee, and that the trust estate should 
 
 " ife Maynard, 16 Jur. 1084, V. C. S. ^ Re Ksher's 'Will, 1 W. R. 505, V. 
 
 2 Ex pwrU ■ Painter, 2 Deac. & Ch. C. W. 
 
 584. ■' Davis v. Chanter, 27 Law J. (Cli.) 
 
 3 ife Frost's Settlement, 15 Jur. 644, 677 ; s. c. 4 Jur. (N. S.) 272; 6 W. E. 
 V. C. K. B. But see now Trustee 416, V. C. K. 
 
 Extension Act, sect. 9. ^ Re Heys' Will, 9 Hare, 221. 
 
APPOINTMENT OP NEW TRtSTEES. 241 
 
 vest in the new trustees, but directed that the order should 
 be intituled both in lunacy and in Chancery, and be so 
 entered in the Registrar's book.' 
 
 44. The Court of the County Palatine of Lancaster has 
 not any jurisdiction to appoint a new trustee in the place 
 of a trustee of unsound mind not so found by inquisition. 
 Such jurisdiction is given by the Trustee Acts to the Lord 
 Chancellor, or other persons intrusted with the care of 
 lunatics, and not to the Court of Chancery.'^ 
 
 45. The Court had no jurisdiction under the former 
 Act to appoint a new trustee where there was no sub- 
 sisting trustee ^ ; but now the Court has this power.* 
 
 46. An order was made under these Acts appointing 
 a new trustee, and vesting the trust premises in him jointly 
 with the continuing trustees in a case where one of three 
 trustees was lunatic, and though the will contained a power 
 to appoint new trustees.' 
 
 47. Where land held in trust is situated in Ireland, and 
 the cestui que trust is living in England, and the surviving 
 trustee is resident in Ireland, the Court has jurisdiction^ to 
 appoint new trustees and to make a vesting order.'' 
 
 48. Where a fund stands in the name of a testator who 
 has no legal personal representative, the Court will'appoint 
 a trustee of such fund, and vest in him the right to transfer 
 the same.^ 
 
 49. Under a petition in lunacy and Chancery new trus- 
 tees were appointed in the place of a person of unsound 
 mind, not so found by inquisition, and of a deceased 
 trustee and a trustee resident abroad.^ 
 
 1 Re Davidson, 20 Law J. (Ch.) 644, ' Se Davies, 3 M. & G. 278. 
 L. C. = Under the 54th sect. 
 
 2 Be Ormerod, 3 De G. & J. 249 ; ''Me Hewitt's Estate, 6 W. E. 537, 
 s. c. 28 Law J. (Ch.) 56 ; 4 Jur. (N. S.) V. C. K. 
 
 1289 ; 7 W. R. 71. ' Be Herbert's Will, 8 W. E. 272, 
 
 3 Be Hazeldine, 16 Jur. 853, V. C. T. V. C. W. 
 
 * Trustee Extension Act, sect. 9. ' Be Stewart, Ibid. 297, LL. J. 
 
 K 
 
242 TRUSTEE ACT, 1850. 
 
 50. The Court will not make any order as to the re- 
 transfer of stock which has been transferred out of the 
 names of the trustees.^ 
 
 51. In a case where new trustees of some stock forming 
 part of a larger integral sum, had been appointed under 
 this Act, in the room of a person of unsound mind, though 
 not so found by inquisition, in whose name the stock had 
 stood, and where a portion only of the stock belonged to 
 the trust, and there was an arrear of dividends, an order 
 was made enabling the new trustees to receive the divi- 
 dends on the' whole sum, and to retain such part as was 
 due in respect of the trust fund.*^ 
 
 52. Where an order has been made on petition directing 
 trustees appointed by the Court to transfer stock, standing 
 in their names to new trustees, and one of such old trustees 
 refuses for twenty-eight days to obey the order, the Court 
 will on motion vest the right to transfer the stock in the 
 new trustees.^ 
 
 53. With reference to bankrupt trustees, if any bank- 
 rupt is as trustee seised, possessed of, or entitled to, either 
 alone or jointly, any real or personal estate, or any interest 
 secured upon or arising out of the same ; or has standing 
 in his name as trustee, either alone or jointly, any govern- 
 ment funds, stock, or annuities, or any of the stock of any 
 public company either in England, Scotland, or Ireland; 
 the Lord Chancellor is empowered,* on the petition of the 
 person entitled in possession to the receipt x)f the rents, 
 issues, and profits, dividends, interest, or produce thereof, 
 on due notice given to aU the persons (if any) interested 
 therein, to order the assignees and all persons whose act 
 
 ' Ibid. 1 See Bankrupt Law Consolidation 
 
 ' 2 iJe Stewart, 8 W. R. 425, LL. J. Act, 1849, 12 & 13 Vict. c. 106, o. 130; 
 
 3 iJe Holbrook's Will, Ibid. 3 ; s. c. Ex parte Walker, 19 Law J. (Bank.).3, 
 
 1 Law T. (N. S.) 18 ; 5 Jiir. (N. S.) V. C. K. J3. 
 1333; 29 Law J. (Ch.) 200, M. R. 
 
APPOINTMENT OF NEW TRUSTEES. 243 
 
 or consent thereto is necessary to convey, assign, or 
 transfer such estate, interest, stock, funds, or annuities to 
 such person as the Lord Chancellor shall think fit, upon 
 the same trusts as the same estate, interest, stock, funds, 
 or annuities were subject to before the bankruptcy, or 
 such of them as shall be then subsisting and capable of 
 taking effect, and also to receive and pay over the rents, 
 issues, and profits, dividends, interest, or produce thereof, 
 as the Lord Chancellor shaU direct. 
 
 54. A petition under the above provision should not be 
 intituled in bankruptcy and addressed to the Lords Jus- 
 tices, but the application should be made to the Court of 
 Chancery, and the petition addressed to the Lord Chan- 
 cellor in the usual way.' 
 
 55. Under the above enactment, annuitants are persons 
 entitled in possession to the trust funds, and ought there- 
 fore to be petitioners.'* 
 
 56. A petition was presented under the above enact- 
 ment for the appointment of a trustee of a wiU in the place 
 of a bankrupt. Part of the testator's assets had been 
 advanced by the trustees upon mortgage, with a power of 
 sale and a declaration of trust as to the surplus (after 
 paying the mortgage debt and interest) for the benefit 
 of the mortgagor. A question having been raised as to 
 whether the mortgagor was a necessary party to the 
 petition under the terms of the Act, it was held that the 
 order might be made without the mortgagor being before 
 the Court.^ 
 
 57. Where a trustee, a bankrupt, had not surrendered 
 and was proclaimed, the Court declined to appoint a new 
 
 » Exparte Cartwiight, 3 De G. & S. "^ Re Lonsdale's Trast, 14 Jur. 1101, 
 
 648 ; Be Heath, 9 Hare, 616 ; =. c. 22 V. C. K. B. 
 
 Law J. (Ch.) 110. See infra, 254, ^ Sx parte Marshall, 3 De G. & S. 
 
 p, 32. 570. 
 
 E 2 
 
244 TRUSTEE ACT, 1850. 
 
 trustee in his place, under a power in whicli were the 
 words " refuse or become incapable to act." ^ 
 
 58. The mere fact also of a trustee having become 
 bankrupt, and nothing more, is not a sufficient ground 
 to remove him from the trust, unless his continuance in 
 the office be otherwise prejudicial, and vexatious conduct 
 is perfectly irrelevant with reference to an application for 
 such removal.^ 
 
 59. A testator by his will devised real estate to A. B. 
 upon certain trusts. A suit was instituted against A. B. 
 for the administration of the estate of his testator, and to 
 establish and perform the trusts. A. B. became bankrupt, 
 and absconded. The Court, upon a petition intituled in 
 the cause and in the matter of the Bankrupt Law Con- 
 solidation Act, and in the matter of the Trustee Act, 1850, 
 appointed a new trustee in the place of A. B., and ordered 
 the assignees to convey to such new trustees the real estate 
 of the testator.^ 
 
 60. Under the Lunacy Regulation Act, 1853, the com- 
 mittee of a lunatic may exercise all the powers vested in 
 him with reference to the appointment of new trustees ; 
 and the Lords Justices sitting in lunacy have similar 
 powers of making vesting orders on any such appointments 
 to those conferred by the Trustee Acts.* 
 
 1 Turner D. Maule, 15 Jur. 761, V. C. ^ Breed v. Caffall, 24 Law T. 308, 
 K. B. V. C. W. 
 
 2 Jfe Bridgman, 8 "W. R. 598 ; s. c " 16 & 17 Vict. c. 70, ss. 137, 138 ; 
 2 Law T. (S. S.) 660 ; 6 Jur. (N. S.) Re Bowmer, 3 De G. & J. 658 ; s. o. 
 1066 ; 29 Law J. (Ch.) 844, V. C. K. 7 "W. R. 313 ; 5 Jur. (N. S.) 348. 
 
PETITION AND PROCEEDINGS THEREON. 
 
 245 
 
 Section VII. 
 The Petition and the Proceedings thereupon. 
 
 1. On whose application order may be 
 made. 
 
 2. Application for order to be made by 
 
 Z. Inquiry may be made at Cham- 
 bers. 
 
 4. affect to be given to order. 
 
 5. affect of vesting legal fight to sue for 
 chose in action. 
 
 6. Declarations and directions mjiy be 
 made and given concerning stock or 
 cliose in action. 
 
 7. Effect of order as to copyholds. 
 
 8. Order to operate as a complete in- 
 demnity. 
 
 9. As to allegations of petition. 
 
 10. Court may direct reconveyance. 
 
 11. Order to be sla/mped. 
 
 12. Court may postpone making order. 
 
 13. As to intituling petition. 
 
 14. Preliminary statement of facts in 
 order convenient. 
 
 15. Language of partimlar 
 should he adhered to. 
 
 16. As to refusal to transfer by 
 at the bar. 
 
 17. As to frame of order in case of 
 stock. 
 
 18. No objection to directing officer of 
 bank to transfer. 
 
 19. Addresses of trustees in order, when 
 not required. 
 
 20. As to order being conclusive evidence. 
 
 21. Persons beneficially interested should 
 if practicable join in petition. 
 
 22. As to petitions relating to estates of 
 Iwnatie trustees and mortgagees. 
 
 23. As to title of petitioners depending on 
 certain foots to be determined. 
 
 24. Affidavits made in a cause may be 
 used. 
 
 25. Where petition amended old affidct- 
 vits may be used. 
 
 26. Practice of Court as to amen 
 
 27. As to service of petition on mort- 
 gagor. 
 
 28. Under sale by Court, pwrchaser 
 
 29. As to dispensing with service of 
 
 30. Reversioner ought to be served. 
 
 31. No jy/risdiction under the Act to 
 order payment into court. 
 
 32. Sow petition as to bankrupt should 
 be intituled. 
 
 33. Assignees of bankrupt should be 
 
 34. As to the Court of the County Pala- 
 tine of Lancaster. 
 
 1. An order made under any of the provisions of these 
 Acts for the appointment of a new trustee or trustees, or 
 concerning any lands, stock, or chose in action subject to a 
 trust, may be made upon the application of any person 
 beneficially interested in such lands, stock, or chose in 
 action, whether under disability or not, or upon the appli- 
 cation of any person duly appointed as a trustee thereof, 
 and an order under any of the provisions of these Acts 
 
246 TRUSTEE ACT, 1850. 
 
 concerning any lands, stock, or chose in action subject to a 
 mortgage, may be made on the application of any person 
 beneficially interested in the equity of redemption, whether 
 under disability or not, or of any person interested in the 
 moneys secured by such mortgage.^ 
 
 2. Any person or persons so entitled to apply for an 
 order from the Court, or from the Lord Chancellor acting 
 in lunacy, may present a petition to the Court or the Lord 
 Chancellor for such order as he may deem himself entitled 
 to, and may give evidence, by affidavit or otherw^ise, in 
 support of such petition, before the Court or the Lord 
 Chancellor, and may serve such person or persons with 
 notice of such petition as he may deem entitled to service 
 thereof.'^ 
 
 3. Upon the hearing of any such petition the Court or 
 the Lord Chancellor, should it be deemed necessary, may 
 direct an inquiry at Chambers into any facts which require 
 such an investigation, or may direct such petition to stand 
 over to enable the petitioner or petitioners to adduce 
 evidence, or further evidence, or to enable notice or any 
 further notice of such petition to be served upon any 
 person or persons ; ^ or the Court or the Lord Chancellor 
 may dismiss such petition, with or without costs.* 
 
 4. Where any order shall have been made under any of 
 the provisions of these Acts, vesting the right to any stock, 
 or vesting the right to transfer any stock, or vesting the 
 right to call for the transfer of any stock, in any person or 
 persons appointed by the Lord Chancellor acting in lunacy 
 or the Court, such legal right shall vest accordingly, and 
 thereupon the person or persons so appointed, are 
 empowered to execute all deeds and powers of attorney 
 and to perform aU acts relating to the transfer of such 
 
 ' Trustee Act, 1850, sect. 37. 3 Sect. 41. 
 
 ^ Sect. 40. < Sect. 42. 
 
PETITION AND PROCEEDINGS THEREON. 347 
 
 stock into his or their own name or names, or otherwise, 
 or relating to the receipt of the dividends thereof, to the 
 extent and in conformity with the terms of such order.^ 
 
 5. Where any order shall have been made under the 
 provisions of these Acts, either by the Lord Chancellor 
 acting in lunacy or by the Court, vesting the legal right to 
 sue for any chose in action or any interest in respect 
 thereof in any person or persons, such legal right shall vest 
 accordingly, and thereupon it shall be lawful for the person 
 or persons so appointed, to carry on, commence, and pro- 
 secute, in his or their own name or names, any action, suit, 
 or other proceeding, at law or in equity, for the recovery 
 of such chose in action, in the same manner in all respects 
 as the person, in whose place an appointment shall have 
 been made eould have sued for or recovered such chose in 
 action.'* 
 
 6. The Lord Chancellor acting in lunacy or the Court 
 may make declarations and give directions concerning the 
 manner in which the right to any stock or chose in action 
 vested under the provisions of these Acts shall be 
 exerdised.^ 
 
 7. Whenever under any of the provisions of these Acts, 
 an order shall be made either by the Lord Chancellor 
 acting in lunacy or the Court, vesting any copyhold or 
 customary lands in any person or persons, and such order 
 shall be made with the consent of the lord or lady of the 
 manor whereof such lands are holden, then the lands shall, 
 without any surrender or admittance in respect thereof, vest 
 accordingly, and whenever, under any of the provisions of 
 these Acts, an order shall be made either by the Lord 
 Chancellor acting in lunacy or the Court, appointing any 
 person or persons to convey or assign any copyhold or 
 
 • Sect. 26 & s. 6, Trustee Extension ^ Tmstee Act, 1850, sect. 27. 
 Act. ^ Sect. 31. 
 
248 TRUSTEE ACT, 1850. 
 
 customary lands, it shall be lawful for such person or 
 persons to do all acts and execute all instruments for the 
 purpose of completing the assurance of such lands.' 
 
 8. Every order made under these Acts, by the Lord 
 Chancellor acting in lunacy or by the Court, and duly 
 passed and entered, shall be a complete indemnity to the 
 Bank of England and all companies and associations what- 
 soever, and all persons, for any act done pursuant thereto, 
 and it shall not be necessary for the Bank of England or 
 such company or association or person to inquire con- 
 cerning the propriety of such order, or whether the Lord 
 Chancellor or the Court had jurisdiction to make the same.'* 
 
 9. Whenever any order shall be made under these Acts, 
 either by the Lord Chancellor acting in lunacy or by the 
 Court, for the purpose of conveying or assigning any lands, 
 or for the purpose of releasing or disposing of any con- 
 tingent right, and such order shall be founded on an 
 allegation of the personal incapacity of a trustee or mort- 
 gagee, or on an allegation that a trustee or the heir or 
 devisee of a mortgagee is out of the jm:isdiction of the 
 Court, or cannot be found, or that it is uncertain which of 
 several trustees, or which of several devisees of a mort- 
 gagee, was the survivor, or whether the last trustee or the 
 heir or last surviving devisee of a mortgagee be living or 
 dead, or on an allegation that any trustee or mortgagee 
 has died intestate without an heir, or has died and it is not 
 known who is his heir or devisee, then in any such case 
 the fact that the Lord Chancellor acting in lunacy or the 
 Court has made an order upon such an allegation, shall be 
 conclusive evidence of the matter so alleged in any court of 
 law or equity upon any question as to the legal vaUdity 
 of the order.^ 
 
 ' Sect. 28. ' Trustee Act, 1850, sect. ii. 
 
 - Sect. 7, Trustee Extension Act. 
 
PETITION AND PROCEEDINGS THEREON. 249 
 
 10. The Court, however, is empowered to direct a 
 reconveyance or reassignment of any lands conveyed or 
 assigned by any order under these Acts, or a redisposition 
 of any contingent right conveyed or disposed of by such 
 order,' and to direct any of the parties to any suit 
 concerning such lands or contingent right to pay 
 any costs occasioned by the order under these Acts, 
 when the same shall appear to have been improperly 
 obtained.' 
 
 11. Every order under these Acts which shall have the 
 effect of a conveyance or assignment of any lands, or a 
 transfer of any such stock as can only be transferred by 
 stamped deed, shall be chargeable with the like amount of 
 stamp-daty as it would have been chargeable with if it had 
 been a deed executed by the person or persons seised or 
 possessed of such lands or entitled to such stock, and every 
 such order shall be duly stamped for denoting the payment 
 of the same duty.'* 
 
 13. Upon any petition under these Acts being presented 
 to the Lord Chancellor or the Court, the Lord Chancellor 
 or the Court may postpone making any order upon such 
 petition until the right of the petitioner or petitioners shall 
 have been declared in a suit duly instituted for that 
 purpose.' 
 
 13. It is not necessary to intitule a petition in the 
 matter of the Trustee Extension Act, though the case is 
 only provided for by that statute, as by such Act * the 
 Extension Act is to be construed as part of the Trustee 
 Act, 1850. Where, however, the application is made 
 under the Extension Act, it would be advisable to add that 
 statute to the title of the petition. 
 
 14. A preliminary statement of the facts in the order 
 
 ' Proviso, s. 44. ^ Trustee Act, 1850, sect. 53. 
 
 2 Trustee Extension Act, sect. 13. '' Sect. 12. 
 
250 TRUSTEE ACT, 1850. 
 
 whicli bring the case within the Act, is very convenient, 
 though not essential. It may be in the following, or some 
 such form : — It appearing to the Court that A. B. was a 
 trustee within the meaning of the Act, and died without an 
 heir.^ In orders, however, to be acted upon by the Bank 
 of England, such a statement as above-meiotioned is indis- 
 pensable, the Bank having been advised that they were 
 entitled to require such an insertion, in which view the 
 Court has concurred.'^ 
 
 15. The languiage of the several sections with respect to 
 discharging cojatingent rights, varies. It is desirable in 
 the order to adhere to the language of the particular 
 section on which it is founded.^ It has been suggested 
 also in the Registrar's office, that in framing the prayers 
 of the petition it would tend to secure the order being 
 drawji up in conformity with the section of the Act 
 within which the case falls, if the particular section 
 were referred to.* With respect to such a practice, 
 however, it may be observed that, in addition to the 
 damage to titles arising from an inaccurate application 
 of a particular section, such a course renders necessary 
 a reference to the Act to ascertain the meaning and 
 operation of the order. 
 
 16. In the case cited,® the Master of the Rolls held 
 that the refusal of the executors of the surviving' trustee, 
 by their counsel at the bar, to transfer, was sufficient 
 to enable the Court to make the order.® 
 
 17. With reference to stock, the safe course in each case 
 is to adhere to the language of the particulaa: section under 
 which the order is made, whether it empowers the Court 
 
 ' Hughes V. "Wells, 2 W. B. 675, ^ geton, 415. 
 
 V. C. W. 1 Tripp, Ch. P. 94. 
 
 ^ Seton, 414 ; iJe Mainwaring, 26 « ^ Barnes, Seton, 415, 416. 
 
 Beav. 172 ; s. c. 28 Law J. (Cli.) 97 ; « Under sect. 32. 
 5 Jua-. (N. S.) 52 ; 32 Law T. 154. 
 
PETITION AND PROCEEDINGS THEREON. 251 
 
 to vest " the right to transfer stock," or " the right to 
 the stock," or " the right to call for a transfer of the 
 stock." The order should also direct how the right is to 
 be exercised.' 
 
 IS. There is no objection to directing the officer of the 
 Bank of England to make the transfer,*^ and such in many 
 instances will be found to be the most convenient form of 
 order, and the expense of a power of attorney would thus 
 be saved ; but in such case there is no occasion to name 
 any other person to join with the Bank officer in making 
 the transfer.^ 
 
 19. Where stock is standing in the names of two or 
 more persons, it is not necessary that their descriptions 
 should appear on the order.* 
 
 20. The value of the order is hmited to its being con- 
 clusive evidence of the matters alleged only upon any 
 question as to the legal validity of the order.' 
 
 21. All the persons beneficially interested should, if 
 their concurrence can be procured, join in the petition. 
 If there are any infants, they should be petitioners, by their 
 next friend. The Court, however, does not require strict 
 proof of the title or interests of the parties (such as certifi- 
 cates of baptism, &c.), but is generally satisfied with an 
 affidavit of a competent person, verifying the facts stated in 
 the petition.® 
 
 23. Petitions relating to the estates of lunatic trustees 
 and mortgagees should be presented to the Lord Chan- 
 cellor or Lords Justices, as being, entrusted with the care 
 of the persons and estates of lunatics, and should be 
 intituled in the matter of the particular lunacy and of 
 
 1 geton, 416. ° Collinson v. CoUinson, 3 De G. M; 
 
 1 Under sect. 20. & G.' 409. 
 
 5 Seton, 4X6. ° Tripp, Oh. P. 95, 96, n. f. ; iSe 
 
 ' Tripp, Ch. Pr. 208, n, j. Richards' Tmst, 5 De G. & S. 63'6. 
 
252 TRUSTEE ACT, 1850. 
 
 the Trustee Act, 1850.* The committee of the lunatic 
 must be served with the petition.^ 
 
 23. Under the previous Act,' it was held that that 
 statute only applied to a cestui que trust, who was named 
 in the instrument upon which his title depended, or to a 
 person who claimed directly under a cestui que trust so 
 named, as real or personal representative, or as assignee. 
 Therefore, where the title of the petitioners depended upon 
 the fact that the debts and legacies of the testator were 
 paid and satisfied, and that the niece of the testatrix was 
 dead without issue ; it was held that the Act did not 
 apply, as it could not be the intention of the legislature to 
 give authority to determine facts of this important nature 
 upon an ex parte proceeding.* The present statute does 
 not appear to confer any more extensive power in this 
 respect. 
 
 24. Affidavits made and filed in a cause may be used as 
 evidence on a petition under these Acts.^ 
 
 25. Where a petition under these Acts has been 
 amended and a fresh title added, the affidavits which have 
 been sworn may be made evidence on the new petition, by 
 a short affidavit, referring to them as exhibits.® 
 
 26. The Master of the Rolls and Vice-Chancellor Wood 
 will allow petitions under these Acts to be amended by 
 adding co-petitioners, without re-answering, but it would 
 seem that in other branches of the Court such a course 
 would not be allowed.^ 
 
 27. Where a mortgage of freehold property was made, 
 
 1 Tripp, eh. P. 95, 96, n. f. ; , JJe & K. 624. 
 
 Eicliards' Trust, 5 De G. & S. 636. » iJc Pickanoe's Trust, 10 Hare, App. 
 
 * Re Saumarez, 25 Law J. (Ch.) 2, 35. 
 
 675 ; s. c. 4 W. E. 658, LL. J. « M tlie Varteg Irou Works Wes- 
 
 ' 1 W. 4, 0. 60. leyan Chapel, Ibid.,, App. 2, 37. 
 
 <ite Merry, 1 M. & K. 677. See, ' iJe Cartwright's Trust, 8 W. R. 492 ; 
 
 howeiPer, Re, De Clifford Estates, 2 M. s. c, 2 Law T. fN. S.) 626, V. C. W. 
 
PETITION AND PROCEEDINGS THEREON. 253 
 
 by way- of conveyance to a trustee and his heirs, in trust 
 for the mortgagor and his heirs until default, and then 
 upon trusts for sale, and the trustee died, leaving an infant 
 heir, it was held that the petition of the mortgagee praying 
 that the infant heir might be declared a trustee for the 
 mortgagee, and might be directed to convey the estate 
 to a new trustee for sale, should be served on the mort- 
 gagor.i 
 
 28. It would appear that where a sale has been made 
 under a decree' of the Court, the purchaser, and not the 
 plaintiff, is the proper party to present the petition. 
 Several purchasers may concur in the same petition, which 
 will not be open to objection on the ground of multi- 
 fariousness.'* 
 
 29. Copyhold hereditaments were surrendered by way 
 of mortgage upon trusts for sale, for securing 200/. and 
 interest. The administrator de bonis non of the mortgagee 
 sold the property for 100/. The heir-at-law of the only 
 child and heiress-at-law of the mortgagee was an infant, 
 and the customary heir of the mortgagor was dead, 
 intestate, and there was no personal representative of the 
 mortgagor, and it appeared that the proof of the title of 
 the present customary heir of the mortgagor would be 
 attended with considerable expense. Under these circum- 
 stances the Court on a petition by the administrator de 
 bonis non of the mortgagee considered that an order might 
 be made vesting the copyhold premises in the purchaser, 
 without service of any notice on either the customary heir 
 or the personal representative of the mortgagor.^ 
 
 30. Where lands were demised to certain trustees for 
 the term of 1000 years, on divers trusts, on a petition for 
 
 1 ife Green, 2 Coll. 91, under 1 Wm. ' ^^ parte Wise, 5 De G. & S. 
 c. 60. "«• 
 
 2 Rowley v. Adams, 14 Beav. 130. 
 
354 TRUSTEE ACT, 1850. 
 
 the appointment of new trustees, it was held that the 
 reversioner ought to be served with the petition.^ 
 
 31. The Court has no jurisdiction under these Acts to 
 make any order for the payment of money into court," 
 except as to money belonging to any infant or person of 
 unsound mind.^ 
 
 32. Where a petition is presented for the appointment 
 of a new trustee in the place of a bankrupt, thfe same 
 should be intituled in Chancery as well as in Bankruptcy, 
 and the order will be made under the concurrent jurisdie- 
 tion conferred by the Trustee Act and the Bankruptcy 
 Consolidation Act, 1849.* 
 
 83. On the petition of cestuis que trust to have a new 
 trustee appointed in the room of a bankrupt trustee, his 
 assignees should be served with the petition.* 
 
 34. By the Act further to improve the administration of 
 justice in the Court of Chancery of the County Palatine of 
 Lancaster, all the powers and authorities of the Trustee 
 Acts are extended to lands and personal property in the' 
 County Palatine.® 
 
 Section VIII. 
 
 Costs of Proceedings under these Ads. 
 
 1. Costs mwy he ordered to M paid. 
 
 2. Wliere Imnatic stated in deed to he 
 trustee, costs must he paid hy •mort- 
 gagor. 
 
 3. But generally costs must come out 
 of lunatic's estate. 
 
 i. Costs of reconveyance pa/id out of 
 lunatic's estate where henefkiaUy 
 entitled. ' 
 
 5. Where mortgage paid off to mort- 
 gagee's executor, and petition pre- 
 sented by mortgagor. 
 
 1 He Fairant's Trust, 20 Law J. (Ch.) v. Maule, 15 Jur. 761, V. C. K. B. 
 532, V. C. K. B. 5 Expa/rte Garden, 12 Jur. 391, In, 
 
 2 Be Parb/s Settlement, 29 Law J. Bank. 
 
 72, V. C. K. 6 17 & 18 Vict. c. 82, a. 11. Sed 
 
 8 Under sect. 48. vide supra, 241, p. 44. 
 * i2e Butterfield, Seton, 403 ; Tumor 
 
COSTS 01? PROCEEDINGS. 
 
 255 
 
 6. Costs payaMe out of mortgage debt 
 under the eireumstances. 
 
 7. Where no anrnnittee, hit only a, 
 receiver. 
 
 8. Costs of order out of lunatics 
 estate under the eireumstances. 
 
 9. Costs of reconveyance from devisees 
 of mortgagee must be paid by mort- 
 gagor. 
 
 10. AdditionaZ costs arising from mix- 
 ing up of property payable by mort- 
 gagee's estate. 
 
 11. Costs of corporation not payable 
 under the circumstances. 
 
 12. No order made as to costs under the 
 circumstances. - 
 
 13. Costs rtnade a charge on the inherit- 
 ance. 
 
 14. Respondent cannot be made to pay 
 costs of improper proceedings. 
 
 15. Costs of infant trustee will be al- 
 lowed. 
 
 16. Costs 'incidental to or consequent 
 on the inquiry " ordered to be struck 
 out. 
 
 17. Costs where bill filed ordered to be 
 paid by the plaintiff. 
 
 18. Party refusing to disclaim made to 
 pay the costs. 
 
 19. Seausant trustee should not be served. 
 
 20. Bankrupt who is served entitled to 
 his costs. 
 
 21. On appointment of new trustees, w7io 
 are to pay the costs. 
 
 22. As to costs of proceedings to procure 
 surrender. 
 
 23. Infami heir entitled to costs of vesting 
 order, but not of suit under the dr- 
 cUTnstances. 
 
 1. The Lord Chancellor or the Court may order the 
 costs and expenses of and relating to the petitions, orders, 
 directions, conveyances, assignments, and transfers, to be 
 made in pursuance of these Acts, or any of them, to be 
 paid and raised out of or from the lands or personal estate, 
 or the rents or produce thereof, in respect of which~ the 
 same respectively shall be made, in such manner as the 
 Lord Chancellor or Court shall think proper.^ 
 
 2. Where it clearly appeared, by a declaration to that 
 effect in the mortgage deed, that the lunatic was a trustee, 
 it was held that the costs which had been occasioned by 
 the lunacy ought not to fall upon the lunatic's estate, nor 
 upon the party beneficially entitled to the money, but that 
 they must be borne by the mortgagor.^ 
 
 3. As a general rule, however, the costs occasioned by 
 the lunacy of the mortgagee must be paid out of his estate, 
 
 » Trastee Act, 1850, sect. 61. 
 
 2 Re Lewe.s, 1 M. & G. 23. 
 
256 TRUSTEE ACT, 1850. 
 
 and that whether he has been found a lunatic by inquisition 
 or not.' 
 
 4. Thus the costs of obtaining a reconveyance of the 
 mortgaged hereditaments from the committee of a lunatic 
 beneficially interested in the mortgage money will be 
 directed to be paid out of the lunatic's estate, whether the 
 petition is presented by the committee of the estate, or by 
 the mortgagor, after the committee has declined to present 
 such petition.'^ 
 
 5. Where, however, a mortgage in fee has been paid off 
 to the mortgagee's executor, and a petition is presented by 
 the mortgagor for a reconveyance from the mortgagee's 
 heir, who is a lunatic, or for a vesting order, the mortgagor 
 must pay the costs of the proceeding.^ 
 
 6. Where, through the lunacy of a mortgagee, not found 
 lunatic by inquisition, a petition is rendered necessary in 
 order to enable the mortgagor to pay off the mortgage 
 debt, the costs must be paid out of such mortgage debt.* 
 
 7. It would appear that where there is no committee of 
 a lunatic mortgagee's estate, but only a receiver, under the 
 8 & 9 Vict. c. 100, the costs of the appearance of the heir- 
 at-law and next of kin wiU be allowed.' 
 
 8. Upon the petition of the committee of a lunatic 
 mortgagee, an order was made vesting the estate in the 
 mortgagor, and the costs of the order were directed to be 
 paid out of the lunatic's estate, with the exception of the 
 stamp, which was to be paid by the mortgagor.^ 
 
 ^ Be Townsend, 2 Ph. 348; He ^aj^iarfe Marshall, 4 De G. & J. 317. 
 To-wnsend, 1 M. & G. 686 ; Hawkins < Se Biddle, 23 Law J. (Ch.) 23, 
 V. Peny, 25 Law J. (Oh.) 656 ; a. u. , LL. J. ; Hawkins v. Perry, ubi supra; 
 
 i W. R. 686, LL. J. Bxpwrie Richards, IJ. & W. 264. 
 
 2 Me WTieeler, 1 De G. M. & G. 434. 5 He Biddle, uU supra. 
 
 3 Ex parte Clay, In re Towers, Lord * Be Thomas, 22 Law J. (Oh.) 858, 
 Lyndhurst, 7th Aug., 1830, cited Shel- L. C. 
 
 ford on Lunacy, 510, ed. 2 ; Re Stuart, 
 
COSTS OF PROCEEDINGS. 257 
 
 9. Where a mortgagee devised the mortgaged estate to 
 three trustees, and on payment of the mortgage money a 
 petition was rendered necessary, as one of the trustees 
 could not be found, the representative of the mortgagor 
 contended that the costs of obtaining the reconveyance 
 should be paid by the representatives of the mortgagee. 
 The Court, however, held that a mortgagee has a right to 
 do the best he can to protect his estate in case of his 
 death, and that he is not bound to incur the perU of 
 allowing his estate' to descend to his heir-at-law, who 
 may possibly be a person not to be trusted, and that 
 a mortgagee must be allowed for the protection of his 
 own estate to place the mortgage, as well as his other 
 property, in the hands of trustees; and that it could 
 not upon any principle be said that if he devises his 
 estate he must be deprived of the benefit of the general 
 rule, which entitles a mortgagee, on having his debt 
 paid off, to be paid also his costs. It was held, therefore, 
 that the representatives of the mortgagee must have 
 their costs of the proceedings before they executed the 
 reconveyance.^ 
 
 10. If, however, the title to mortgaged hereditaments is 
 mixed «p by the mortgagee with the title to other property, 
 and it becomes necessary to extricate the one from the 
 other, it may be right that in such a case the additional 
 costs should be borne by the general estate of the mort- 
 gagee.2 
 
 11. Where a corporation set up a claim to nominate 
 new trustees, and the petition was on such account served 
 on them, but the claim proved unfounded, it was held that 
 since they had, by the right asserted previously to the 
 presentation of the petition, rendered the service of it upon 
 
 > King V. Smith, 6 Hare, 473. = Ibid. 
 
258 TRUSTEE ACT, 1850. 
 
 them necessary, the petitioners could not be called on to 
 pay the costs of the corporation.' 
 
 12. Where trustees had been appointed by deed, and a 
 petition was afterwards presented for the appointment of 
 trustees by the Court, on account of doubts being enter- 
 tained as to the validity of the appointment by deed, and 
 the Court was of opinion that such appointment was valid, 
 the petition was declared to be unnecessary, and was 
 accordingly dismissed, but no order was made as to costs.^ 
 
 13. An order was made vesting the estate in a new 
 trustee, and that by consent he might pay the costs of the 
 proceedings, and that such costs, with interest at four per 
 cent., might be a charge on the inheritance.^ 
 
 14. The Court has no jurisdiction under these Acts to 
 order a respondent to pay the costs of any vexatious resist- 
 ance or any improper proceedings whicb may have made 
 an application to the Court necessary.* 
 
 15. The necessary costs of an infant trustee will be 
 allowed.® Where therefore the infant heir of a mortgagee 
 in fee is a trustee of the mortgaged estate for the executors 
 of the mortgagee, and such executors present a petition 
 praying that the infant may be ordered to convey the 
 estate to the mortgagor on payment of the principal and 
 interest due on the mortgage and costs, the costs of sucb a 
 proceeding must be borne by the mortgagor.^ 
 
 16. Where the petition contained the words costs "inci- 
 dental to and consequent on the inquiry," these words 
 were ordered to be struck out of the order, on the ground 
 that they gave rise to uncertainty, and ought not to be 
 prayed for, since the petitioner was not entitled to any 
 
 1 Ee Shrewsbury School, 1 M. & G. * Re Primrose, 23 Beav. 590 ; s. c. 
 85. 26 Law J-. (Ch.) 666 ; 3 Jur. (N. S.) 
 
 2 Fx pwrU Hadley, 5 De G. & S. 67. 899 ; 29 Law T. 103 ; 5 W. E, 508. 
 
 3 Ex parte Davies, 16 Jur. 882, V. » Ex. parte Cant, 10 Ves. 554. 
 
 C. P. ^ Ex parte Ommaney, 10 Sim. 298. 
 
COSTS OP PEOCEEDINGS. 259 
 
 costs included by such words, except so far as they came 
 under the common order. ^ 
 
 17. A plaintiff having filed a bill for the appointment 
 of new trustees in a case in which it might be done by 
 petition, was ordered to pay all the costs.** 
 
 18. If a person having a derivative interest under a 
 trustee refuses to execute a formal disclaimer of the trust 
 property, upon an application for the appointment of a new 
 trustee he will be made to pay the costs of the proceeding. 
 But the Court has no jurisdiction under these Acts to give 
 the costs to a cestui que trust compelled in consequence of 
 the assignees of a bankrupt trustee refusing to sign a dis- 
 claimer to apply to the Court to procure a transfer of the 
 trust funds. ^ 
 
 19. The recusant trustee ought not to be served with 
 the petition ; and if he is so served, he wiU be entitled to 
 his costs.* 
 
 20. Where a cestui que trust applies for the removal of 
 a bankrupt trustee, and serves the bankrupt with the 
 petition, the bankrupt is entitled to the costs of his 
 appearance ; ^ and a bankrupt trustee who retires, and has 
 been served with the petition, will be entitled to his costs 
 out of the trust estate.® 
 
 21. When an appUcation by a tenant for life for the 
 appointment of new trustees is clearly for his own sole 
 benefit, he will have to pay the costs of it ; but where the 
 appointment of new trustees is for the benefit of all parties, 
 the costs as between solicitor and client will be directed to 
 come out of the corpus.'' 
 
 • Be Fellows' Settlement, 2 Jur. {JS. Re Baxter's Will, 2 Sm. & G. App. 5. 
 
 S.) 62, Y. C. W. * -Ke Whitley, 1 Deao. 478. 
 
 2 Thomas v. Walker, 18 Beav. 521. ^ Bx parte Cartwright, 3 De G. & S. 
 
 3 Be Primrose, 23 Beav. 590 ; s. c. 648 ; s. c. 19 Law J. (Bank) 3. 
 
 26 Law J. (Oh.) 666 ; 3 Jur. (N. S.) ^ Be Parby's Settlement, 29 Law T. 
 899 ; 29 Law T. 103 ; 5 W. E. 508. 72, V. C. K. 
 
 4 Ex parte Armstrong, 16 Sim. 296 ; 
 
 s 2 
 
260 TRUSTEE ACT, 1850. 
 
 23. A vendor agreed to surrender, or procure some 
 person to surrender, some copyhold property, and the 
 costs of the surrender were to be paid by the purchaser. _ 
 It being found necessary to procure a surrender under 
 the Trustee Act, it was held that the costs of the pro- 
 ceeding ought to be paid by the vendor.* 
 
 33. Where an equitable mortgagee filed his bill against 
 the infant heir of the mortgagor, upon whom a vesting 
 order had been made, for a sale of the property, and the 
 proceeds were found insuflBcient to satisfy the mortgage 
 debt and costs, it was held that the infant heir was not 
 entitled to his costs of the suit, but he was allowed the 
 costs of the vesting order.^ 
 
 ' Bradley v. Muiiton, 16 Beav;. ^ Wade v. Ward, 29 Law J. (Ch.)^ 
 294. 42, v. C. K. 
 
CHAPTER XII. 
 
 THE INFANT SETTLEMENT ACT. 
 (18 & 19 VICT. c. 43.) 
 
 1. Object and scope of (he Act. 
 
 2. Nature of settlement infant may 
 , make on marriage. 
 
 3. Mffect of death under age as to ap- 
 pointmint or disentailing assurance. 
 
 4. Application for sanction of Court to 
 he by petition. 
 
 6. To what Infants Ad to apply. 
 
 6. Provisions of Act extended to Ire- 
 land. 
 
 7. Evidence necessary to support appli- 
 cation. 
 
 8. Proposals to be submitted to Judge. 
 
 9. Ordinary course on petition u/nder 
 this Act. 
 
 10. Nature of inquiry to be made by the 
 Court. 
 
 'Where settlement not drawn, by con- 
 veyancing cov/nsel. 
 Natwre of affidavits required. 
 As to settlement by infa/nt ward of 
 Court of reversionary interest.. 
 Doubt as to necessity of second peti- 
 tion under circmnstamces last meii- 
 tioned. 
 
 Court cannot approve settlement 
 made loithout its concurrence. 
 Name a/nd arms clause in- 
 serted. 
 
 15. 
 
 16 
 
 1. On account of the great inconvenience and disad- 
 vantages arising in consequence of young persons who 
 marry during minority being incapable of making binding 
 settlements of their property, it was considered expedient 
 by the legislature to pass an Act to enable infants, with 
 the approbation of the Court of Chancery, to make (binding 
 settlements of their real and personal estate on marriage. 
 
 2. Every infant, upon or in contemplation of his or her 
 marriage, may, with the sanction of the Court of Chancery, 
 make a valid and binding settlement or contract for a 
 settlement of all or any part of his or her property, or 
 property over which he or she has any power of appoint- 
 
iJ62 INFANT SETTLEMENT ACT, 
 
 ment, whether real or personal, and whether, in possession, 
 reversion, remainder, or expectancy, and every conveyance, 
 appointment, and assignment of such real or personal 
 estate, or contract to make a conveyance, appointment, or 
 assignment thereof, executed by such infant, with the 
 approbation of the Court, for the purpose of giving effect 
 to such settlement, shall be as valid and effectual as if the 
 person executing the same were of the full age of twenty- 
 one years.^ This enactment, however, does not extend to 
 powers of which it is expressly declared that they shall not 
 be exercised by an infant.'' 
 
 3. In case any appointment under a power of appoint- 
 ment, or any disentailing assurance, has been executed by 
 any infant tenant in tail, under the provisions of the above 
 Act, and such infant afterwards dies under age, such 
 appointment or disentailing assurance becomes absolutely 
 void.^ 
 
 4. The sanction of the Court to any such settlement or 
 contract for a settlement may be given upon petition pre- 
 sented by the infant, or his or her guardian, in a summary 
 way, without the institution of a suit, and if there be no 
 guardian the Court may require a guardian to be appointed 
 or not, as it shall think fit, and the Court also may, if it 
 shaU think fit, require that any persons interested or 
 appearing to be interested in the property shall be served 
 with notice of such petition.* 
 
 5. Nothing in the Act contained applies to any male 
 infant under the age of twenty years, or to any female 
 infant "under the age of seventeen years.^ 
 
 6. By a recent statute,® the provisions of this Act are 
 expressly extended to the Court of Chancery in Ireland. 
 
 1 18 & 19 Viot. c. 43, s. 1, * Sect. 3. 
 
 2 Ibid. 5 Seat. 4. 
 
 3 Sect. 2. « 23 & 24 Viot. t. 83. 
 
INFANT SETTLEMENT ACT. 263 
 
 7. Upon application to obtain the sanction of the Court 
 to infants making settlements on marriage, under this Act, 
 evidence must be produced to show : — 
 
 1 . The age of the infant. 
 
 2. Whether the infant has any parents or guardians. 
 
 3. With whom or under whose care the infant is living, 
 and if the infant has no parents or guardians, what 
 near relations the infant has. 
 
 4. The rank and position in life of the infant and 
 
 parents. 
 
 5. What the infant's property and fortune consist of. 
 
 6. The age, rank, and position in life of the person to 
 
 whom the infant is about to be married. 
 
 7. What property, fortune, and income such person has. 
 
 8. The fitness of the proposed trustees, and their 
 
 consent to act.* 
 
 8. The proposals for the settlement of the property of 
 the infant and of the person to whom such infant is pro- 
 posed to be married, are to be submitted to the Judge.'* 
 
 9. As in most cases of marriage the parties are desirous 
 of obtaining the Judge's sanction to the settlement as 
 quickly as possible, it is desirable that they should come 
 prepared in the first instance with the evidence required 
 by the foregoing rule. The ordinary course upon a 
 petition under this Act, is for the Court, after hearing any 
 observations the counsel has to make, to adjourn the 
 petition into Chambers. This proceeding does not make 
 the infant a ward of the Court, and the Court is not, there- 
 fore, called upon to sanction the marriage, but only the 
 settlement, and the evidence required by the preceding 
 rule is therefore only such as is necessary to enable the 
 
 • 20th of tlie Eegulations for Conduct ' Ibid, 
 of Business at Chambers. 
 
264 INFANT SETTLEMENT ACT. 
 
 Judge to form an opinion as to the propriety of the settle- 
 ment. Upon the adjournment into Chambers, the Judge? 
 considers and settles the proposals for the settlement, and 
 a direction is then given for a settlement in conformity 
 therewith to be settled by one of the conveyancing counsel 
 to the Court, and when this has been approved by the 
 Judge, an order is made at Chambers upon the adjourned 
 petition, approving the settlement and sanctioning the 
 execution of the deed by the infant.^ 
 
 10. Though it was not intended to impose on the Court 
 any other duty than that of looking to the propriety of the 
 settlement, yet what in each particular case may be a 
 proper settlement must sometimes lead to an inquiry into 
 all the circumstances connected with the marriage. The 
 Court, however, will not inquire whether the proposed 
 marriage is a fit and proper marriage, having regard to the 
 character and fortune of the proposed husband.'^ 
 
 11. Where the draft settlement has not been drawn by 
 one of the conveyancing counsel, the same will be directed 
 to be taken into Chambers for the perusal of the chief 
 clerk, and if satisfactory, for the approval of the Judge.* 
 
 12. Affidavits that the step-father was a proper person 
 to be the guardian of the infant, that the marriage was a 
 fit and proper marriage, and that the infant's brother, who 
 was an adult, approved of the marriage, were in the case 
 cited required, but similar evidence not decided to be in 
 all cases necessary.* 
 
 13. On the proposed marriage of an infant ward of 
 Court, entitled to a reversionary intereist which it is pro- 
 
 1 Regulations, pp. 43, 44, note by (Ch.) 64 ; s. c. 2 Jur. (N. S.) 1241; 28 
 Mr. Bloxam to rule 20. Law T. 226, Full Couit of Appeal. 
 
 2 Ba Dalton, 3 Sm. & G. 331 ; on ^ Re WilKams, 8 W. E. 678 ; s. o. 
 App. 6 De G. M. & G. 201 ; s. c. 25 Law 6 Jur. (N. S.) 1064 ; 3 Law T. (N. S.) 
 J. (Ch.) 751 ; 2 Jur. (N. S.) 1077 ; 4 W. 76, M. E. 
 
 E. 793. See also Ke Strong, 26 Law J. * Be Strong, uU supra. 
 
INFANT SETTLEMENT ACT. 265 
 
 posed to settle on her, it has been held that the proper 
 mode for her and her guardian to obtain the sanction of 
 the Court to a proposed settlement, is by presenting a 
 petition for a reference to Chambers to approve of the 
 settlement, and then to present a second petition, intituled 
 in the matter of the above Act and in the suit, to sanction 
 her execution of the settlement when so approved of.' 
 
 14. A learned writer has thrown out a doubt as to the 
 necessity of a second petition under the above circum- 
 stances,^ and it would seem that such doubt is well 
 founded. 
 
 15. The Court has no Jurisdiction under this Act to 
 approve a settlement of an infant's property originally 
 made without its concurrence.^ 
 
 16. The Court refused to sanction the insertion of a 
 clause, providing that no person professing the Roman 
 Catholic religion should take any interest under the settle- 
 ment. The Court, however, permitted the insertion of a 
 clause, making it compulsory on successive owners or their 
 husbands to assume the name and arms of the testator 
 from whom the settlor derived her estates.* 
 
 1 He. Yates, 7 W. E. 711, V. C. S. Morgan, 283. 
 
 2 Peaohey on Settlements, 791, note. ■* -Be Williams, 8 W. E. 678 ; s. o. 
 
 3 Per V. C. Stuart, in M Fuller's 6 Jur. (N. S.) 1064 ; 3 Law T. fN. S.) 
 Settlement, Feb. 10th, 1860, cited, 76, M. B. 
 
CHAPTER XIII. 
 
 LEASES AND SALES OF SETTLED ESTATES. 
 (19 & 20 VICT. c. 120, and 21 & 22 VICT., p. 77.) 
 
 SECTION I. 
 Intkodtjctoet Statement. 
 
 SECTION II. 
 
 poweks to authouise leases of 
 Settled Estates. 
 
 SECTION III. 
 
 Powers to attthorise Sales of 
 Settled Estates. 
 
 SECTION IV. 
 Course op Procedure. 
 
 Section I. 
 Introductory Statement. 
 
 1. OhjectofActs. 
 
 2. Do not extend to Scoflomd. 
 
 3. Extend to all settlements without re- 
 ference to date. 
 
 i. Definition of term "settlement" as 
 
 used in Act. 
 5. Limitations held under the circwm- 
 
 stances not to a/movmt to "settlement." 
 
 1. The object of the above Acts is to enable the Court 
 of Chancery to authorise leases and sales of settled estates 
 in those cases where formerly resort to Parliament was 
 necessary in order to obtain the requisite powers. Estate 
 bills will in future, therefore, be very rarely required, as 
 the Court of Chancery now possesses, as it were, in this 
 respect the delegated powers of the legislature. 
 
 2. The Acts do not extend to Scotland.^ 
 
 > 19 & 20 Vict. c. 120, s. 45. 
 
INTRODUCTORY STATEMENT. 267 
 
 3. The provisions of the Acts extend to all settle- 
 ments, whether made before or after they came into 
 operation.* 
 
 4. The word " settlement," as used in the Acts, signifies 
 any Act of Parliament, deed, agreement, copy of Court roll, 
 will, or other instrument, under or by virtue of which any 
 hereditaments of any tenure, or any estates or interests in 
 any such hereditaments, stand limited to or in trust for 
 any persons by way of succession, including any such 
 instruments affecting the estates of any one or more of 
 such persons exclusively ; and the term " settled estates," 
 as used in the Acts, signifies all hereditaments of any 
 tenure, and aU estates or interests in any such heredita- 
 ments which are the subject of a settlement, and aU estates 
 or interests in remainder or reversion, and not disposed of 
 by the settlement, and reverting to a settlor or descending 
 to the heir of a testator ; and for the purposes of the Acts, 
 a tenant in tail, after possibility of issue extinct, is to be 
 deemed to be a tenant for life.*^ 
 
 5. Where there is a limitation in a will to trustees upon 
 trust for such children of A. as shall attain twenty-one ; 
 and if but one who shall attain twenty-one, the whole to 
 such one, with trusts for maintenance and a gift over, 
 that is not a case of limitation by way of succession under 
 these Acts.^ 
 
 1 Ibid. s. 44. B. 711, V. C. K. ; on App. 28 Law J. 
 
 2 Principal Act, s. 1, Amendment (Cai.) 840; 5 Jur. (N. S.) 1378; s. c. 
 Act, s. 1. 2 Law T. (N. S.) 70, L. L. J. 
 
 3 Re Bardin's or Burdin's Will, 7"W. 
 
268 
 
 SETTLED ESTATES ACTS. 
 
 Section II. 
 Powers to authorise leases of Settled Estates. 
 
 1. Cov/l't 'may authorise leases of settled 
 
 2. Lease must contain conditions adapt- 
 ed to Special eirea/mstances, 
 
 3. Leases may he aufhorised of whole or 
 pa/rt, and from time to time. 
 
 4. As to powers of lord to gramt lieences. 
 5., Leases granted rruiuy ie surrendered. 
 
 6. Preliminary contracts authorised. 
 
 7. Particular leases may he approved 
 of or powers vested in trustees. 
 
 8. Court requires circumstances of 
 estate, &c., to he shewn. 
 
 9. Cov/rt directs what person shall . exe- 
 cute as lessor. 
 
 10. Powers may he vested ■&». existing 
 trustees or in any other persons. 
 
 11. Lease of copyhold property not to be 
 granted without consent of lord. 
 
 12. Meaning of expression "persons en- 
 
 13. Leases granted by trmtees must he 
 settled at Ohmmkers, a/nd so it would 
 a/ppea/r as to leases generally, 
 
 14. Where legatees numerous, service 
 dispensed with. 
 
 15. Model lease allowed as a precedent. 
 
 16. Reference to conmeyancing ' eou/nsel 
 d^ispensed with. 
 
 17. Dotlhtful whether leases or sales cam, 
 ^e directed in cause without peti- 
 tion. 
 
 18. Power to lease for 60Q years given to 
 trustees of Dissenting Chapel. 
 
 19. Course of proceeding on order heing 
 made to gramt huildi'ipg leases. 
 
 20. No provision in Act as to fines. 
 
 1. The Court is empowered, if it shall deem it proper 
 and consistent, with a due regard for the interests of aU 
 parties entitled under the settlement, and subject to the 
 provisions and restrictions in the Acts contained, to 
 authorise leases of any settled estates, or of any rights or 
 privileges over or affecting any settled estates, for any pur- 
 pose whatsoever, whether involving waste or not, provided 
 the following conditions be observed. First, every such 
 lease must be made to take effect in possession at or 
 within one year next after the making thereof, and must 
 be for a term of years not exceeding, for an agricultural 
 or occupation lease, twenty-one years ; for a mining lease, 
 or a lease of water, water-miUs, way leases, water leases, or 
 other rights or easements, forty years ; and for a building 
 lease, ninety-nine years, and for a repairing lease, sixty 
 years : or where the Court is satisfied that it is the usual 
 
POWERS TO AUTHORISE LEASES. 269 
 
 custom of the district, and beneficial to tlie inheritance to 
 grant any such leases as aforesaid (except agricultural 
 leases) for longer terms, then for such term as the Court 
 shall direct. Secondly, on every such lease there must be 
 reserved the best rent, or reservation in the nature of rent, 
 either uniform or not, that can be reasonably obtained, to 
 be made payable half-yearly or oftener without taking any 
 fine, or other benefit in the nature of a fine. Thirdly, 
 where the lease is of any earth, coal, stone, or mineral, a 
 certain portion of the whole rent, or payment reserved, 
 must be from time to time set aside and invested, as 
 presently mentioned; namely, when and so long as the 
 person for the time being entitled to the receipt of such 
 rent is a person who, by reason of his estate, or by virtue 
 of any declaration in the settlement, is entitled to work 
 such earth, coal, stone, or mineral for his own benefit, 
 one-fourth part of such rent, and otherwise three-fourth 
 parts thereof ; and in every such lease sufficient provision 
 must be made to ensure such application of the aforesaid 
 portion of the rent by the appointment of trustees or 
 otherwise, as the Court shall deem expedient. Fourthly, 
 no such lease shall authorise the felling of any trees, except 
 so far as shall be necessary for the purpose of clearing the 
 ground for any buildings, excavations, or other works 
 authorised by the lease. Fifthly, every such lease must be 
 by deed, and the lessee must execute a counterpart thereof, 
 and every such lease must contain a condition for re-entry 
 on non-payment of the rent for a period not less than 
 twenty-eight days after it becomes due.' 
 
 2. Subject and in addition to the conditions before 
 mentioned, every such lease must contain such covenants, 
 conditions, and stipvdations as the Court shall deena ex- 
 
 Prinoipal Act, s. 2 ; Amendment Act, ss. 2 &, i. 
 
270 SETTLED estates' ACTS. 
 
 pedient, with reference to the special circumstances of the 
 demise.^ 
 
 3. The power to authorise leases conferred by the Acts 
 extends to authorise leases, either of the whole or any 
 parts of the settled estates, and may be exercised from 
 time to time.'' 
 
 4. All the powers to authorise and to grant leases above 
 mentioned include powers to the lords of settled estates, to 
 give licences to their copyhold or customary tenants, to 
 grant leases of lands held by thgm of such manors, to the 
 same extent, and for the same purposes, as leases may be 
 authorised or granted of freehold hereditaments under any 
 of the aforesaid powers.^ 
 
 5. Any leases granted under the provisions of these Acts 
 may be surrendered, either for the purpose of obtaining a 
 renewal of the same or not ; and the power to authorise 
 leaises conferred by the Acts extends to authorise new 
 leases of the whole or any part of the hereditaments 
 comprised in any surrendered lease.* 
 
 6. The power to authorise leases conferred by the Acts 
 extends to authorise preliminary contrelcts to grant any 
 such leases ; and any of the terms of such contracts may 
 be varied in the leases.* 
 
 7. The power to authorise leases conferred by the Acts 
 may be exercised by the Court, either by approving of 
 particular leases, or by ordering that powers of leasing, in 
 conformity with the provisions of the Acts, shall be vested 
 in trustees in manner to be presently mentioned.® 
 
 8. When application is made to the Court, either to 
 approve of a particular lease or to vest any powers of 
 
 1 Principal Act, s. 3. Act, s. 5. 
 
 2 Ibid. s. 4. 5 Principal Act, s. 6. 
 
 3 Amendment Act, s. 3. " Ibid. s. 7. 
 ■* Principal Act, s. 5 ; Amendment 
 
POWERS TO ArTHORISE LEASES. 271 
 
 leasing in trustees, the Court requires the applicant to 
 produce such evidence as it shall deem sufficient to enable 
 it to ascertain the nature, value, and circumstances of the 
 estate, and the terms and conditions on which leases 
 thereof ought to be authorised.^ 
 
 9. When a particular lease, or contract for a lease, has 
 been approved by the Coiu-t, the Court directs what person 
 or persons shall execute the same as lessor ; and the lease 
 or contract executed by such person or persons shall take 
 effect in all respects, as if he or they was or were, at the 
 time of the execution thereof, absolutely entitled to the 
 whole estate or interest which is bound by the settlement, 
 and had immediately afterwards settled the same according 
 to the settlement, and so as to operate (if necessary)' by 
 way of revocation and appointment of the use or otherwise, 
 as the Court shall direct.^ 
 
 10. Where the Court shall deem it expedient that any 
 general powers of leasing any settled estates conformably 
 to the Acts should be vested in trustees, it may, by order 
 made in that behalf, vest any such powers accordingly, 
 either in the existing trustees of the settlement, or in any 
 other persons ; and such powers, when exercised by such 
 trustees, shall take effect in all respects as if the power so 
 vested in them had been originally contained in the settle- 
 ment, and so as to operate (if necessary) by way of revoca- 
 tion and new appointment of the use or otherwise, as the 
 Court shall direct ; and in every such case, the Court, if it 
 shall think fit, may impose any conditions as to consents 
 or otherwise on the exercise of such powers; and the 
 Court may also authorise the insertion of provisions for 
 the appointment of new trustees from time to time, for the 
 purpose of exercising such powers of leasing.^ 
 
 1 Principal Act, s. 8. " IWd. s. 10. 
 
 2 Ibid. s. 9. 
 
273 SETTLED estates' ACTS. 
 
 11. Nothing in the Acts is to authorise the granting; of 
 a lease of any copyhold or customary hereditaments not 
 warranted by the custom of the manor, without the con- 
 sent of the lord, nor otherwise to prejudice or affect the 
 rights of any lord of a manor.^ 
 
 13. The expression "persons entitled"*^ means parties 
 beneficially entitled, and such persons must conciir in or 
 consent to any petition under these Acts. Trustees can 
 only consent for unborn children; but trustees with a 
 power of sale may join in a sale which will bind all persons 
 claiming under their trust.^ 
 
 13. In the case of leases granted by trustees the same 
 must be settled at chambers, but not necessarily by the 
 conveyancing counsel. The Court will be guided by the 
 circumstances of each particular case, as to whether or 
 not such leases should be settled by the conveyancing 
 counsel.* In other cases also it is desirable that the leases 
 should be settled at chambers, though such course would 
 not appear to be absolutely necessary.^ 
 
 14. Where there were a number of persons who were 
 legatees, and as such had charges upon the estates in 
 question, and it was almost impossible, from their number, 
 to serve them with notice of the petition, the Court made 
 the order sought without serving the legatees; but directed 
 the following words to be inserted in the order, " subject 
 to, and so as not to affect, the rights, estate, and interest 
 of any persons whose consent or concurrence could not be 
 obtained." ^ 
 
 15. Where trustees had obtained the leave of the Court 
 to grant building leases^ and a model lease had been pre- 
 
 1 Ibid. s. 43. 534 ; 5 W. R. 643 ; 29 Law T. 176, 
 
 2 Ibid. s. 2. V. C. S. 
 ' Grey v. Jenkins, 26 Beav. 351. « Ibid. 
 
 * Be Procter's Settled Estates, 26 ^ j^ Legge's S.ettM Estates, 6 W. E. 
 Law J. (Ch.) 464; s. o. 3 Jur. (N. S.) 20, V. C. K. . , 
 
POWERS TO AUTHORISE LEASES. 273 
 
 pared and carried into the Judge's Chambers, the Court 
 allowed this lease, when settled, to be taken as a precedent 
 for all the other leases, without applying at Chambers in 
 each particular case.* 
 
 16. The Court made an order vesting in trustees of a 
 settlement certain powers to grant leases, and to do other 
 things, without, in the first instance, directing a reference 
 to the conveyancing counsel, or ordering an inquiry as to 
 the propriety of the powers.*^ 
 
 17. It would appear doubtful whether the Court can 
 direct leases and sales under these Acts in a cause without 
 a petition.' 
 
 18. On proof that it was customary to grant building 
 leases for 999 years of land in the neighbourhood of St. 
 Helen's, the Court authorised the indorsement of a power 
 to grant such a lease for 600 years on a deed declaring the 
 trusts of a dissenting chapel.* 
 
 19. It has been suggested that when an order to grant 
 building leases under these Acts has been made, it would 
 be desirable to pl-oceed as follows, (that is to say,) that the 
 parties should obtain an affidavit of their surveyor, stating 
 the terms upon which it was proposed to grant the leases, 
 such as the minimum rent per foot, the class or style of 
 houses to be erected, and the period to be allowed for 
 building the same; and also stating the intended covenants 
 and conditions proposed to be inserted in such leases, and 
 particularly the stipulations as to repairing and insuring. 
 The above affidavit should then be carried into the Judge's 
 Chambers, and a certificate by the chief clerk embodying 
 the several particulars obtained, which, being signed by 
 
 > iJe Hemingway, 33 Law T. 103 ; s. V. C. S. 
 
 0. 7 W. E. 279 v. C. V. ' Harvey v. Clark, 25 Beav. 7. 
 
 2 Be Jones' Settled Estates, 5 Jiir. (IS. * -Be Cross's Charity, M. R. , Dec. 3rd, 
 
 S.) 138, 664 ; s. c. 7 W. R. 171, 523, 1859, cited, Morgan, 287. 
 
 T 
 
274 SETTLED estates' ACTS, 
 
 tlie Judge, would contain in a judicial shape the terms of 
 the proposed leases, and thus any further application to 
 the Court would be rendered unnecessary, unless a very 
 different class of lease was required.^ 
 
 20. It is to be observed that neither of the Acts 
 contains any provisions for limiting, or enabling lords of 
 manors in settlement to hmit, fines uncertain, during 
 the existence of leases of copyhold lands granted under 
 these Acts.'^ 
 
 Section III. 
 Powers to authorise Sales of Settled Estates. 
 
 1. Sale of aiMj pa/rt of settled estates 
 may le cmthorised. 
 
 2. Powers to excha/nge omitted from 
 Act. 
 
 3. Where sale for huildmg pwrposes 
 part of consideration may he rent. 
 
 4. On sale, earth, die., ma/y be eaicepted. 
 6. Part of settled estates mMy le la/id 
 
 out for sireets, &c. 
 6. No provision for granting sites for 
 chwrches or schools. 
 
 1. Gowrt ma/y direct who a/re to execute 
 
 8. Consent of trustees with power to 
 give discharges sufficient. 
 
 9. Con/veyance must be settled by judge. 
 
 10. Purchaser may at any time before 
 completion object to jurisdiction. 
 
 11. Partiaula/r settlement need not be 
 
 12. Sale for purpose of laying out roads 
 vnll be refused. 
 
 1. The Court is empowered, if it shall deem it proper 
 and consistent with a due regard to the interests of aU 
 parties entitled under the settlement, and subject to the 
 provisions and restrictions in the Acts contained, from time 
 to time, to authorise a sale of the whole or any parts of 
 any settled estates, or of any timber (not being ornamental 
 timber) growing on any settled estates ; and every such 
 sale shall be conducted and confirmed in the same manner 
 as by the rules and practice of the Court for the time 
 
 1 Morgan's Cli. P. 290. ' Peachey on Settlements, 944, note. 
 
POWERS TO AUTHORISE SALES. 275 
 
 being is or shall be required on the sale of lands sold 
 under a decree of the Court.^ 
 
 2. It will be observed that the preceding enactment 
 does not include powers to exchange. It has been 
 surmised that these were omitted because exchanges 
 can now be easily effected through the medium of the 
 Inclosure Commissioners, and it was not thought expe- 
 dient to provide a second method of effecting the same 
 object.'^ 
 
 3. When any land is sold for building pm-poses, the 
 Court may, if it shall see fit, allow the whole or any part 
 of the consideration to be a rent issuing out of such land, 
 which may be secured and settled in such manner as the 
 Court shall approve.^ 
 
 4. On any sale of lands, any earth, coal, stone, or 
 mineral may be excepted, and any rights or privileges may 
 be reserved ; and the purchaser may be required to enter 
 into any covenants or submit to any restrictions which the 
 Court may deem advisable.* 
 
 5. The Court is empowered, if it shall deem it proper 
 and consistent with a due regard for the interests of aU 
 persons entitled under the settlement, and subject to the 
 provisions and restrictions in the Acts contained, from 
 time to time to direct that any part of any settled estates 
 be laid out for streets, roads, paths, squares, gardens, or 
 other open spaces, sewers, drains, or water-courses, either 
 to be dedicated to the public or not, and the Court may 
 direct that the parts so laid out shall remain vested in the 
 trustees of the settlement, or be conveyed to and vested in 
 any other trustees upon such trusts, for securing the con- 
 tinued appropriation thereof to the purposes aforesaid, in 
 all respects and with such provisions for the appointment 
 
 ' Principal Act, sect. 11. ^ principal Act, sect. 12. 
 
 ' Briokdale on the Act, 37. ■" Sect. 13. 
 
 T 2 
 
276 SETTI.ED estates' ACTS. 
 
 of new trustees when required, as by the Court shall be 
 deemed advisable.^ 
 
 6. It will be observed that the dedications to the public 
 hereby authorised are only to be such as will be " proper 
 and consistent with a due regard for^ the interests of all 
 parties entitled under the settlement." No acts of libe- 
 rality towards the public, therefore, can be sanctioned, the 
 only permission being the laying out of roads, &c., so as to 
 increase the value of the adjacent property. The reason 
 why no provision was made for granting sites for churches 
 or schools was, it has been suggested, that the existing 
 Church-building Acts contain enactments to enable owners 
 of limited estates to devote land to that purpose ; and it 
 was not thought advisable to have on the Statute Book 
 two independent methods of effecting one object.* 
 
 7. On every sale or dedication to be effected as before 
 mentioned, the Court may direct what person or persons 
 shall execute the deed of conveyance ; and the deed exe- 
 cuted by such person or persons shall take effect as if the 
 settlement had contained a power enabling such person or 
 persons to effect such sale or dedication, and so as to 
 operate (if necessary) by way of revocation and appoint- 
 ment of the use or otherwise, as the Court shall direct.^ 
 
 8. Portions were secured on lands, and while so secured 
 settled upon various trusts. The lands were then, by an 
 order on a petition under the above Acts, directed to be 
 sold. Upon a petition for a supplemental order, it was 
 held that it was not necessary to have the consent of all 
 the cestuis que trust, but that the consent of the trustees 
 who had power to receive and give discharges for money 
 was sufficient.* 
 
 1 Sect. 14. 4 Eyre -o. Saunders, i Jur. (N. S.) 
 
 2 Brickdale on the Act, 37, 38. 830, V. C. W. 
 5 Principal Act, sect. 15. 
 
POWERS TO AUTHORISE SALES. 277 
 
 9. Where land is sold pursuant to an order of the 
 Court under these Acts, the conveyance must be settled 
 by the Judge, whether the parties differ or not. But 
 where land is to be sold in lots, and one conveyance has 
 been settled by the conveyancing counsel of the Court, it 
 may be adopted by the chief clerk for all the rest in 
 which no special circumstances exist to render such a 
 course inconvenient.* 
 
 10. It is competent to a purchaser under these Acts to 
 object at any time before completion that the order was 
 in excess of the jurisdiction of the Court, though the con- 
 veyance, when completed, will give an indefeasible title, 
 notwithstanding any such excess of jurisdiction.^ 
 
 11. It is not necessary that the proceedings under these 
 Acts should specify the particular settlement to which the 
 property is at the time subject, provided the property be 
 sufl&ciently identified and be actually under settlement ; 
 and the Court has jurisdiction to order a sale notwith- 
 standing the existence of powers under which the proposed 
 sale may be effected.' 
 
 12. The Court will refuse to sanction the sale of one 
 part of a settled estate for the purpose of employing the 
 produce of the sale in laying out roads on another part 
 of the same estate. The Court, however, will give every 
 direction to facilitate the making of the roads short of 
 selling any part of the property for the purpose, as for 
 example by allowing leases to be granted in consideration 
 of the lessees undertaking to make them.* 
 
 » Re Eyre's Settled Estates, 4 K. & ^ Ibid. 
 
 J. 268 ; s. c. 31 Law T. 79. * Re Chambers' Settled Estate, 3 
 
 2 Re Thompson's Settled Estates ; Law T. (N. S.) 49 ; s. c. 6 Jur. (N. S.) 
 
 Green v. Thompson, John. 418 ; s. c. 1005 ; 29 Law J. (Ch.) 924, M. R. 
 5 Jur. (N. S.) 1343. 
 
278 
 
 SETTLED ESTATES ACTS. 
 
 Section IV. 
 Course of Procedure. 
 
 i. 
 
 6. 
 
 6. 
 
 7. 
 
 8. 
 
 9. 
 
 10. 
 11. 
 
 12. 
 
 13. 
 14. 
 
 15. 
 16. 
 
 17. 
 18. 
 
 19. 
 20. 
 
 Application to le modi Try petition. 
 With the (xmaarrence of what 
 parties. 
 
 Effect may be given to petition, sub- 
 ject to rights of persons whose con- 
 sent camnot be obtained. 
 On whom notice of application must 
 be served. 
 
 Notice of application to be inserted 
 in newspapers, cmd amy pa/rty may 
 be heard in opposition. 
 Court will direct what persons are 
 to be served. 
 
 Service on person of vmsoii/nd mind 
 .dispensed with umderr the drcmim,- 
 stcmces. 
 
 Application not to be g'i-anted where 
 resort has been had to Pa/rlimnent. 
 Court may direct notice of exercise of 
 powers to be placed on settlement. 
 Notice indorsed on probate. 
 Sow pvjrchase or other money to be 
 
 Money may be so applied by trustees, 
 or upon order on petition, as Cowrt 
 mmj direct. 
 
 UnUl so applied money inay be in- 
 vested. 
 
 Court may exercise powers from, time 
 to time, but not if prohibited by 
 
 Oircvmstcmce that settlemsntcontains 
 similar powers rmt importamt. 
 No lease or sale to be authorised 
 which settlor himself might not have 
 
 Lease or sale to be unimpeachable. 
 Costs may be made a charge on here- 
 diiamenis, amd raised by sale or 
 mortgage. 
 
 By whom, incase of disability, ap- 
 plications, (Sec, may be made. 
 But special direction of Court re- 
 quired. 
 
 21. As to appointment of guardian of 
 infant petitioner. 
 
 22. Concurrence offaOier not sufficient. 
 
 23. Married woman making application 
 or giving consent to be examined. 
 
 24. Mow examination to be made. 
 
 25. Where out of jurisdiction. 
 
 26. Married women may maJce or coTisent 
 to amy application though infants. 
 
 27. No obligation created by Acts to 
 make or consent to amy a/pplicoMon. 
 
 28. A person deemed entitled to posses- 
 sion through estate inawmbered. 
 
 29. No sale or lease beyond 21 years 
 permitted where entail cannot be 
 barred. 
 
 30. What petition amd notice must set 
 forth. 
 
 31. How petition amd other proceedings 
 should be intituled. 
 
 32. 88. Application to be made as to 
 what newspapers notices should be 
 inserted in. 
 
 34. ITsual direction as to advertiserMnts. 
 
 35. Sow motions iimder Act may be 
 made. 
 
 86. Sow copy of petition to be obtained. 
 
 37. As to delivery ofsoume. 
 
 38. When petition to be set down for 
 hearing. 
 
 39. Secretary of Lord Chcmcellor must 
 certify as to advertisements. 
 
 40. Application to set down petition be- 
 fore timejksed will be refused. 
 
 41. Cowrt must be satisjied that there has 
 been no previous application to Pa/r- 
 liament. 
 
 42. On application for sale, what par- 
 ticulars the Cowrt requires. 
 
 43. Special directions may be obtained at 
 chambers. 
 
 44. Order to direct on what docwments 
 notice to be placed. 
 
 46. What fees to be paid. 
 
COURSE OF PE.OCEDUEE. 279 
 
 46. Mode of obtaining appointment of 
 guardian of infamt. 
 
 47. Mvidence to he adduced on appli- 
 cation for appointment of guar- 
 dia/n. 
 
 48. Guardian necessary even if fat?i£r 
 
 49. Modeofoiiaimng direction of Ooii/rt 
 
 to make or consent to application on 
 tehalf ofimfant or IvMatic. 
 
 50. When consent of married woman 
 must ie oitai7ied. 
 
 51. Where woman marries after pre- 
 sentation of petition. 
 
 52. If consent of married worrum not ob- 
 tained, petition will be dismissed. 
 
 1. Ant person entitled to the possession or to the 
 receipt of the rents ^d profits of any settled estates for a 
 term of years determinable on his death, or for an estate 
 for life, or any greater estate, may apply to the Court, by 
 petition in a summary way, to exercise the powers conferred 
 by these Acts.* 
 
 2. Subject to the exception to be mentioned in the next 
 paragraph, every application to the Court must be made 
 with the concurrence or consent of the following parties, 
 namely : Where there is a tenant in tail under the settle- 
 ment in existence, and of full age, then the parties to 
 concur and consent must be such tenant in tail, or if there 
 is more than one such tenant in tail, then the first of such 
 tenants in tail and all persons in existence having any 
 beneficial estate or interest imder or by virtue of the settle- 
 ment prior to the estate of such tenant in tail, and all 
 trustees having any estate or interest on behalf of any 
 unborn child prior to the estate of such tenant in tail. 
 And in every other case the parties to concur or consent 
 must be all the persons in existence having any beneficial 
 estate or interest under or by virtue of the settlement, and 
 also all trustees having any estate or interest on behalf of 
 any unborn child.'* 
 
 3. But unless there is a person entitled to an estate of 
 inheritance whose consent of concurrence has been refused 
 
 ' 19 & 20 Viot c. 120, s. 16. ' Sect. 17. 
 
280 SETTLED estates' ACTS. 
 
 or cannot be obtained, the Court is empowered, if it thinks 
 fit, to give efiect to any petition subject to and so as not to 
 affect the rights, estate, or interest of any person whose 
 consent or concurrence has been refused or cannot be 
 obtained, or whose rights, estate, or interest ought in the 
 opinion of the Court to be excepted.^ 
 
 4. Notice of any application to the Court under the 
 Acts must be served on all trustees who are seised or 
 possessed of any estate in trust for any person whose con- 
 sent or concurrence to or in the application is required, and 
 on any other parties who in the opinion of the Court ought 
 to be so served, unless the Court thinks fit to dispense with 
 such notice.'^ 
 
 5. Notice of any application to the Court under the 
 Acts must be inserted in such newspapers as the Court 
 shall direct, and any person or body corporate, whether 
 interested in the estate or not, may apply to the Court by 
 motion for leave to be heard in opposition to or in support 
 of any application which may be made to the Court under 
 these Acts, and the Court is authorised to permit such 
 person or corporation to appear and be heard in opposition 
 to or in support of any such application, on such terms as 
 to costs or otherwise and in such manner as it shall 
 think fit.^ 
 
 6. On the petition coming on for hearing, the Court will 
 direct what persons (if any) are to be served with the 
 notice, and after such service the petition will be brought 
 on for hearing again.* 
 
 7. The service of notice of an intended application under 
 these Acts on a person of unsound mind, not so found by 
 
 1 Sect. 18. Cleveland's Harte Estates, Ex parte 
 
 -' Sect. 19. MUbanlc, May 7th, 1858, cited, Mor- 
 
 ' Sect. 20. gan, 294. 
 
 * Per v. C. Kindersley, Be Duke of 
 
COURSE OF PROCEDURE. 281 
 
 inquisition, who had only a remote contingent interest in the 
 property, was dispensed with, there being others in the 
 same interest who concurred.^ 
 
 8. The Court is not at hberty to grant any application 
 under these Acts, in any case where the applicant or any 
 party entitled has previously applied to either House of 
 Parliament for a private Act to effect the same or a similar 
 object, and such application has been rejected on its merits 
 or reported against by the Judges to whom the bill may 
 have been referred.^ ^ 
 
 9. The Court shall direct that some sufficient notice of 
 any exercise of any of the powers conferred on it by these 
 Acts shall be placed on the settlement or on any copies 
 thereof, or otherwise recorded, in any way it may think pro- 
 per, in all cases where it shall appear to the Court to be prac- 
 ticable and expedient for preventing fraud or mistake.^ 
 
 10. Where the settlement is created by a wUl, the 
 Court will order the notice to be indorsed on the probate 
 of the same will.* 
 
 11. All money to be received on any sale effected mider 
 the authority of the Acts, or to be set aside out of the 
 rent or payments reserved on any lease of earth, coal, 
 stone, or minerals, may, if the Court shall think fit, be paid 
 to any trustees of whom it shall approve, or otherwise the 
 same shall be paid into the Bank to the account of the 
 Accountant- General of the Court, ex parte the applicant in 
 the matter of the Acts, and in either case such money shall 
 be applied, as the Court shall from time to time direct, to 
 some one or more of the following purposes, namely : the 
 purchase or redemption of the land-tax, or the discharge or 
 
 1 Ue, n-anklin's Settled Estate, 7 ^ Sect. 22. 
 
 W. R. 45, v. C. S. " Pearse v. Pearse, V. C. K., June 
 
 2 Sect. 21 ; Re. WUson's Estate Bill, 26th, 1857, cited, Peaohey on Settle- 
 1 Law T. (N, S.) 25, V. 0. W. ments, 936, note. 
 
282 SETTLED estates' ACTS. 
 
 redemption of any incumbrance affecting the hereditaments 
 in respect of which such money was paid, or affecting any 
 other hereditaments subject to the same uses or trusts ; or 
 the purchase of other hereditaments to be settled in the 
 same manner as the hereditaments in respect of which the 
 money was paid ; or, the payment to any person becoming 
 absohitely entitled.^ 
 
 12. The appUcation of the money in manner above- 
 mentioned may, if the Court shall so direct, be made by 
 the trustees (if any) without any application to the Court, 
 or otherwise upon an order of the Court, upon the petition 
 of the person who would be entitled to the possession or 
 the receipt of the rents and profits of the land if the money 
 had been invested in the purchase of land.'* 
 
 13. Until the money can be applied as before men- 
 tioned, the same may be from time to time invested in 
 Exchequer bills, or in Three per centum Consolidated Bank 
 Annuities, as the Court shall think fit, and the interest and 
 dividends of such Exchequer bills or Bank annuities shall 
 be paid to the person who would have been entitled to the 
 rents and profits of the land if the money had been invested 
 in the purchase of land.' 
 
 14. The Court may exercise any of the powers conferred 
 Qn it by the Acts, whether the Court shall have already 
 exercised any of the powers conferred by the Acts in 
 respect of the same property or not, but no such powers 
 shall be exercised if an express declaration or manifest 
 intention that they shall not be exercised is contained in 
 or may be inferred from the settlement, or from extrinsic 
 circumstances or evidence.* 
 
 15. The circumstance, however, of the settlement con- 
 taining powers to effect similar purposes is not to preclude 
 
 ' Sect. 23. 3 Sect. 25. 
 
 = Sect. 24. 4 Sect. 26. 
 
COURSE OF PROCEDURE. 283 
 
 the Court from exercising any of the powers conferred by 
 the Acts, if it shall consider that the powers contained in 
 the settlement ought to be extended.* 
 
 16. The Court is not empowered to authorise any lease, 
 sale, or other act beyond the extent to which in the opinion 
 of the Court the same might have been authorised in and 
 by the settlement by' the settlor or settlors.'' 
 
 17. After the completion of any lease, or sale, or other 
 act under the authority of the Court, and purporting to be 
 in pursuance of the Acts, the same shall not be invalidated 
 on the ground that the Court'was not thereby empowered 
 to authorise the same, except that no such lease, sale, or 
 other act shall have any effect against any person whose 
 concurrence in or consent to the application ought to have 
 been obtained, and was not so obtained.^ 
 
 18. The Court is empowered, if it shall think fit, to 
 order that all or any costs or expenses of all or any parties 
 of and incident to any appKcation under the Acts shall be 
 a charge on the hereditaments which are the subject of 
 the application, or on any other hereditaments included in 
 the same settlement and subject to the same limitations, 
 and the Court may also direct such costs and expenses to 
 be raised by sale or mortgage of a sufficient part of such 
 hereditaments, or out of the rents or profits thereof, such 
 costs and expenses to be taxed as the Court shall direct.* 
 
 19. AH powers given by the Acts, and all applications 
 to the Court under the Acts, and consents to such applica- 
 tions, may be exercised, made, or given by guardians on 
 behalf of infants, and by committees on behalf of lunatics, 
 and by assignees of bankrupts or insolvents.^ 
 
 20. In the cases, however, of infant or lunatic tenants 
 
 1 Ibid., proviso. * Sect. 29. 
 
 2 Sect. 27. ' Sect. 36. 
 
 3 Sect. 28. 
 
284 SETTLED estates' ACTS. 
 
 in tail, no application to the Court or consent to any 
 application may be made or given by any guardian or 
 committee without the special direction -of the Court.^ 
 
 21. Although, according to the Regulations of the 8 th 
 August, 1857, as to business in chambers, an application 
 for a guardian must be made before the presentation of the 
 petition, it is discretionary in the Court to sanction such 
 order, though made subsequently to the petition. The 
 Regulations for business in chambers are generally dis- 
 cretionary, and not obligatory.'' According to the recent 
 practice, therefore, the appointment of a guardian to an 
 infant petitioner should be made after the petition is 
 presented. , 
 
 32. When there is an infant petitioner, the concurrence 
 of the father is not sufficient, though he has no adverse 
 interest, but a guardian must be appointed in the regular 
 manner on a summons at chambers.^ 
 
 23. Where it becomes necessary that a married woman 
 should apply to the Court, or consent to an application 
 under these Acts, she must first be examined apart from 
 her husband, touching her knowledge of the nature and 
 effect of the application, and it should be ascertained that 
 she freely desires to make or consent to the particular 
 application, and such examination must be made whether 
 the hereditaments which are the subject of the application 
 are settled in trust for the separate use of the married 
 woman independently of her husband or not, and no clause 
 or provision in any settlement restraining anticipation is to 
 prevent the Court from exercising, if it shall think fit, any 
 of the powers given by the Acts, and no such exercise shall 
 
 1 Sect. 36, proviso. staffe's Settled Estates, 8 W. E. 491, V. 
 
 2 Se Hargreave's Settled Estates, 28 C. K. 
 
 Law J. (Ch.) 197 ; s. c. 7 W. E. 156 ; ^ Se Caddick's Settled Estates, 7 
 
 5 Jur. (N. S.) 60, V. 0. S. ; Se Long- W. E, 334, V. C. S. 
 
COTJUSE OF PUOCEDURE. 285 
 
 occasion any forfeiture, anything in the settlement contained 
 to the contrary notwithstanding.* 
 
 24. The examination of such married woman must be 
 made either by the Court or some solicitor duly appointed 
 by the Court for that purpose, such solicitor not being the 
 solicitor of the husband or concerned in the proceedings, 
 and actually taking out a certificate de anno in annum. 
 The solicitor so appointed must certify under his hand 
 that he has examined the married woman apart from her 
 husband, and is satisfied that she is aware of the nature 
 and effect of the intended application, and that she freely 
 desires to make or consent to the same.^ 
 
 25. Where, however, such married woman is resident 
 out of the jurisdiction of the Court, her examination may 
 be made by any person appointed for that purpose by the 
 Court, whether he is or is not a solicitor of the Court, and 
 the appointment of any such person not being a solicitor 
 shall afford conclusive evidence that the married woman 
 was, at the time of such examination, resident out of the 
 jurisdiction of the Court.^ 
 
 26. Subject to such examination as above mentioned, 
 married women may make a consent to any applications, 
 whether they be of full age or infants.* 
 
 27. Nothing in the Acts shall be construed to create any 
 obligation, at law or in equity, on any person to make or 
 consent to any application to the Court, or to exercise any 
 power.^ 
 
 28. For the purposes of the Acts a person shall be 
 deemed to be entitled to the possession or to the receipt of 
 the rents and profits of estates, although his estate may be 
 
 1 Sect. 37. Law T. 208 ; 5 W. R. 613, 614. 
 
 ' Sect. 38 ; Re Noyes' Settled Estates, ' Amendment Act, sect. 6. 
 
 6 W. R. 7, V. C. K. ; ife Brealy's * Principal Act, sect. 39. 
 Settled Estates, and J2e Hadwen's * Sect. 40. 
 Settled Estates, 24 Beav. 221 ; s. c. 29 
 
286 SETTLED estates' ACTS. 
 
 charged or incumbered either by himself or by the settlor, 
 or otherwise howsoever to any extent, but the estates or 
 interests of the parties entitled to any such charge or 
 incumbrance shall not be affected by the acts of the person 
 entitled to the possession or to the receipt of the rents 
 and profits as above mentioned, unless they shall concur 
 therein.^ 
 
 29. Nothing in the Acts shall authorise any sale or lease 
 beyond the term of twenty-one years of any settled estates in 
 which, under the Act of 34 & 35 Hen. 8, c. 20, "to embar 
 feigned recovery of lands wherein the King is in reversion," 
 or under any other Act of Parliament, the tenants in taU are 
 restrained from barring or defeating their estates tail, or 
 where the reversion is vested in the Crown.*^ 
 
 30. Every petition under these Acts, and every public 
 and private notice thereby required, must set forth the 
 name, address, and description of the petitioner, and also a 
 place in London, Westminster, or the borough of South- 
 
 -wark, or within two mUes from the Record and Writ 
 Clerks' OflSce, where he may be served with any order of 
 the Court, or of the Judge in chambers, or notice relating 
 to the subject of the petition.^ 
 
 31. All petitions and notices, and also all aflfidavits and 
 other proceedings under these Acts, must be intituled, in 
 the matter of the Act, or Acts, as the case may be, and 
 in the matter of the property in question, mentioning the 
 county and parish or place in which it is situate, and 
 describing it by general terms, and every such petition 
 should be marked with the words, " Master of the Rolls," 
 or with the title of the Vice-Chancellor before whom it is 
 intended to be heard.* 
 
 32. After any such petition has been presented, applica- 
 
 ' Sect. 41. 3 .41st Cons. Ord. r. 14. 
 
 ^ Sect. 42. * Ibid. r. 15. 
 
COURSE QF PROCEDURE. 287 
 
 tion may be made eso parte and in chambers to the Judge 
 before whom it is intended to be heard, for directions in 
 what newspapers the notices required by the Act are to be 
 inserted.^ 
 
 33. For the purpose of procuring these directions, a 
 summons is to be taken out after the petition has been 
 answered, intituled in the same manner as the petition. 
 The petition is to be produced on the return of the 
 summons, and the Judge's directions will be written on 
 the petition, and sighed by his chief clerk.** 
 
 34. The direction usually given is that the notice is to 
 be inserted once in the "Gazette," and three times in 
 three successive weeks in a newspaper of the county in 
 which the property is situate. This practice is analogous 
 to that which is required by the Standing Orders of the 
 House of Lords when an Act is applied for including 
 powers to take land compulsorily. The Standing Orders, 
 however, did not require any notice by advertisement of a 
 private Estate Bill.^ 
 
 35. Motions under the Act* may be made ex parte 
 within seven clear days after the publication of the adver- 
 tisement which may be last inserted in the newspaper, but 
 not later, except by special leave of the Court, and every 
 order made on any such motion must be served on the 
 petitioner within four days after the making thereof.^ 
 
 36. If the person obtaining such order shall require a 
 copy of the petition, he must- at the time of serving the 
 order make a written application to the petitioner for such 
 copy, with an undertaking to pay all proper charges for 
 the same.® 
 
 37. Within two clear days after such appUcation a copy 
 
 ' Ibid. r. 16. Bloxam to rule 23. 
 
 2 23rd of the Eegiiktions for Conduct * Sect 20. 
 
 of Business at Chambers. ' 41st Cons. Ord. r. 17. 
 
 ' Regulations, p. 45, note by Mr. * Ibid. r. 18. 
 
288 SETTLED estates' ACTS. 
 
 of the petition must be ready to be delivered on demand, 
 and on payment for the same after the rate of fourpence 
 per folio.* 
 
 38. No petition under these Acts can be set down for 
 hearing until after the expiration of twenty-one days from 
 the publication of the last of the advertisements.* 
 
 39. And before such petition can come on to be heard, 
 the secretary of the Lord Chancellor must certify that the 
 advertisements ordered have been inserted, and that the 
 twenty-one days since the last advertisement have expired.* 
 
 40. This period of twenty-one days was fixed after much 
 deliberation by the then Lord Chancellor, as the minimum 
 whicl; could be allowed for the public to come in and 
 assert their claims (if any) to the property proposed to be 
 sold, consequently an application to set down a petition 
 Tinder these Acts before the expiration of such period of 
 twenty-one days will be refused.* 
 
 41. Upon every application under these Acts, the Court' 
 must be satisfied by suflScient evidence that no such 
 previous application to Parliament as is mentioned in the 
 principal Act,® has been made, and rejected, or reported 
 against.®' 
 
 42. On every application under the Acts for authority to 
 sell, the Court must be satisfied by sufficient evidence who 
 are the parties interested in the estate whose consent is 
 required, and what are the circumstances which render the 
 proposed sale proper and expedient.' 
 
 48. Where, under the provisions of the principal Act,^ it 
 shall be necessary to obtain the special directions of the 
 
 ' 41st Cons. Ord. r. 19. (N. S.) 809, L. C. 
 
 ' Ibid. T. 20. ' 21st sect. 
 
 ' Re Blake's Settlement, 6 Jur. (N. ^ 41st Cons. Ord. r. 21. 
 
 S.) 724 ; s. c. 8 W. E. 539 ; 2 Law T. 7 Ibid. r. 22. 
 
 (N. S.) 421, V. C. S. 8 36th sect. 
 
 * Se MaUin's Settled Estate, 6 Jur. 
 
COURSE OF PROCEDURE. 289 
 
 Court for any application to the Court, or any consent to 
 such application, such special directions may be obtained 
 ex parte by summons at the chambers of the Judge to 
 whose Court the application may be intended to be made 
 or may have been made.^ 
 
 44. Every order of the Court made-in pursuance of the 
 powers conferred on 'it by the Acts shall specify on what 
 document or documents (if any) the notice referred to by 
 the principal Acf shall be placed or endorsed, and the 
 Judge may, if he thJhks fit, require that such document or 
 documents so endorsed shall be produced in court for his 
 inspection, and in case of any such order relating to lands 
 in a register county or district, the Court may order a 
 duplicate or a memorial of the same to be registered.^ 
 
 45. The fees and allowances to all officers and solicitors 
 of the Court in respect of the matters under the Act shall 
 be such fees and allowances as by the practice and orders* 
 of the Court they are entitled to take and charge for 
 business of a similar nature.^ 
 
 46. For the purpose of procuring the appointment of a 
 guardian to infants under these Acts, a summons should 
 be taken out in the names of the infants by a next friend, 
 in the form used for originating proceedings in Chambers, 
 intituled in the same manner as the petition or intended 
 
 petition, and seeking that or some other proper person 
 
 or persons may be appointed guardian or guardians of the 
 infants, for the purpose of making an application oa their 
 behalf {or consenting on behalf of the infants to an applica- 
 tion) to the Court under the provisions of the above Acts." 
 
 47. Upon the application to appoint such guardian, the 
 following evidence must be adduced : — 
 
 1 41st Cons. Ord., r. 23. = 4l3t Cons. Ord., r. 25. 
 
 ' 22nd sect. ° 21st of the Regulations for Conduct 
 
 3 4l3t Cons. Ord., i. 24. of Business at Chambers. 
 
 * 38&39. 
 
290 SETTLED estates' ACTS. 
 
 1. The age of the infant. 
 
 2. Whether he has any parent, testamentary guardian, 
 
 or guardian appointed by the Court of Chancery. 
 
 3. Where and under whose care the infant is residing, 
 
 and at whose expense he is maintained. 
 
 4. In what way the proposed guardian is connected 
 
 with the infant, and why proposed, and how 
 qualified to be appointed. 
 
 5. That the proposed guardian has no interest in the 
 
 intended application, or if he has, the nature of his 
 interest, and that it is not adverse to the interest of 
 the infant. 
 
 6. The consent of the guardian to act. 
 
 7. The nature of the intended application to the Court.^ 
 
 48. It is necessary, as has been already observed, to 
 appoint a guardian to an infant for the purposes of these 
 Acts, although the infant may have a father living, but of 
 course if he has a father not interested in the matter, the 
 father would be appointed ; but it commonly happens that 
 the father is tenant for life, or has an interest more or less 
 at variance with that of his infant child.'* 
 
 49. Por the purpose of procuring the direction of the 
 Judge for leave to make a consent to an application on 
 behalf of an infant or lunatic, under these Acts, after the 
 petition is presented a summons should be taken out by 
 the guardian of the infant or committee of the lunatic, that 
 he may be at liberty on behalf of the infant or lunatic to 
 make the application (or consent to the application) to the 
 Court proposed to be made by the petition presented to 
 the Lord Chancellor (or Master of the Rolls) on the — day 
 
 of . Upon this application the guardian or committee 
 
 should make an affidavit that he believes it to be proper 
 
 ' Ibid. ness at Chambers, p. 44, note by Mr. 
 
 ' Regulations for Conduct of Busi- Bloxam to rule 2] . 
 
COURSE OF PROCEDURE. 291 
 
 and for the benefit of the infant or lunatic that the applica- 
 tion proposed to be made should be so made (or consented 
 to) on behalf of the infant or lunatic, and such other 
 evidence (if any) should be adduced as the circumstances 
 of the case may require to show the propriety of the 
 application so far as the infant or lunatic is concerned, and 
 the petition should be produced.^ 
 
 50. The examination of a married woman who is a 
 petitioner under these Acts should not take place until the 
 petition has been presented and answered and carried into 
 the chambers of the Judge by whom it is to be heard, but 
 ought to take place before any judicial step has been taken 
 by him upon it. The issuing -of advertisements before 
 the examination wiU not invalidate the proceedings, but as 
 a general rule it is desirable that the examination should 
 take place immediately after the petition has been carried 
 into chambers.'^ 
 
 51. Where a woman marries after the petition has been 
 presented, but before any proceedings have been taken 
 under it, she must nevertheless be examined.^ 
 
 52. If at any time before the hearing of the petition the 
 consent of a married woman thereto is refused, the same 
 will be dismissed.* 
 
 • 22nd of Regulations for Conduct of Estates, 24 Beav. 221 ; and on this 
 
 Business at Chamberi. This rule is point, S^ Brealy's Settled Estates, and 
 
 framed in accordance with the decision Se Hadwen's Settled Estates, 24 Beav. 
 
 in ife Foster's or Forster's Settled 221 ; s. c. 29 Law T. 208 ; 5 W. R. 613, 
 
 Estates, 24 Beav. 222, on App. 1 De 614 ; andiJe Reedley's Settled Estates, 
 
 G. & J. 386 ; s. c. 26 Law J. (Ch.) 836; 5 W. R. 649, T. C. K.] 
 
 3 Jur. (N. S.) 833 ; 5 "W. R. 726 ; 29 ^ -Be Cundee's Estates, Nov. 11th, 
 
 Law T. 256. See note ty Mr. Bloiam, 1859, cited, Morgan, 301. 
 
 Regulations, p. 44. * -B« Hooper's Settled Estates, 5 W. 
 
 2 Be Foster's Settled Estates, uW R- 670, V. C. W. 
 supra, overruling Re Manson's Settled 
 
 IT 2 
 
CHAPTER XIV. 
 
 THE JURISDICTIOJS' OF THE COURT UITOER MISCELLANEOUS 
 STATUTES. 
 
 SECTION I. 
 The Statute pob bnfoeoing the 
 PRODUCTION OP Tenants pok Life 
 AND CbSTUIS que TIE (6 ANNE, 
 c. 18). 
 
 SECTION II. 
 The Jubisdiotion of the Cotjut 
 
 UNDER THE LbGAOT DuTY AcT (36 
 
 GEO. 3, c. 52, s. 32). 
 
 SECTION III. 
 The Jurisdiction of the Court as 
 TO Unclaimed Stock and Divi- 
 dends UNDER Statutes 66 GEO. 3, 
 c. 60 and 8 & 9 VICT. c. 62. 
 
 SECTION IV. 
 ThI! Jurisdiction exercised by the 
 Court as Pkotectob under the 
 Fines and Recoveries Act {Ski 
 WM. i, c. 74). 
 
 SECTION V. 
 Loans on Real Skoueities in Ire- 
 land (4 & 5 WM. 4, c. 29, s. 2).» 
 
 SECTION VI. 
 On Petitions to obtain the opinion, 
 
 ADVIOB, OR direction OF THE JUDGK 
 
 (under 22 & 23 VICT. c. 35, b. 30.) 
 
 Section I. 
 
 I^e Statute for enforcing the production of Tenants for 
 Life and Gestuis que vie (6 Anne, c. 18). 
 
 1. Remamderman or reversioner may 
 regwke prodMoUon of tenant for life 
 or cestui que vie. 
 
 2. Appliamt rrvmt make affldamt of his 
 title. 
 
 3. CenseqwenMS of reficsal. 
 
 4. Where tenami for life or cestui que 
 vie ubroad. 
 
 5. Alive but canmot le proditeed. 
 
 6. Master of the Soils no jwrisd'iction. 
 
 7. Place, (fee, of prochuMon must he 
 inserted m order. 
 
 8. Husbamd of tenant for life wderred 
 to produce Tier. 
 
 9. Form of order and proceedings 
 thereon. 
 
 10. After return of cormnissiorwrs no 
 fu/rther order necessary. 
 
 11. Actme concealment not neccssa/ry. 
 
 12. As to costs under the Act. 
 
 ' It may perhaps occur to the learned found in this subdivision of our Work 
 reader that a place should have heen for the Drainage of Settled Estates Acts, 
 
PRODUCTION OF TENANTS FOR LIFE. 293 
 
 1. Under this statute a person who claims an estate in 
 remainder, reversion, or expectancy, after the death of any 
 infant, married woman, or other person, may once a year 
 move the Lord Chancellor to order the guardian, trustee. 
 husband, or other person concealing, or suspected to con- 
 ceal, the death of any such infant, married woman, or 
 other person, at such time and place as the Court shall 
 direct, on personal or other due service of the order in that 
 behalf, to produce and show to such person or persons 
 (not exceeding two) 'as shall in such order be named by 
 the party or parties prosecuting the same order, such 
 minor, married woman, or other person.^ 
 
 2. The applicant under this Act must make an afl&davit 
 of his title, and that he has cause to believe that the 
 minor, married woman, or other ^person is dead, and that 
 his or her death is concealed by the guardian, trustee, 
 husband, or other person.'* 
 
 3. If any guardian, trustee, husband, or other person, 
 shall refuse or neglect to produce or show the infant, 
 married woman, or other person on whose life any estate 
 depends, according to the direction of the order in that 
 behalf, then the Court is authorised and required to order 
 such guardian, trustee, husband, or other person to pro- 
 duce the minor, married woman, or other person, in the 
 Court of Chancery, or otherwise before commissioners to 
 be appointed by the Court, at such time and place as the 
 Court shall direct, two of which commissioners shall be 
 nominated by the party or parties prosecuting the order at 
 his, her, or their costs and charges. But if such guardian, 
 trustee, husband, or other person shall refuse or neglect to 
 
 8 &9 Viet. 0. 56, & 9 & 10 Vict. c. otserve the learned Consolidators, al- 
 
 101. The fact, however, is that these most a dead letter, 
 
 statutes have proved a failure, and the ' 6 Anne, o. 18, sect. 1. 
 
 Orders of 4th March, 1846, made under ' Ibid, 
 the first-mentioned Act, have been. 
 
294 PRODUCTION OF TENANTS FOE LIFE. 
 
 produce the infant, married woman, or other person in the 
 Court of Chancery, or before such commissioners, whereof 
 return shall be made by the same commissioners, and such 
 return filed in the Petty Bag Office, then the minor, 
 married woman, or other person so concealed shall be 
 taken to be dead; and any person claiming any right, 
 title, or interest in remainder or reversion, or otherwise, 
 after the death of such infant, married woman, or other 
 person so concealed, may enter upon the lands, tenements, 
 and hereditaments, as if such infant, married woman, or 
 other person so concealed were actually dead.* 
 
 4. In case any such infant, married woman, or other 
 person be beyond seas, then one or both of the com- 
 inissioners may be sent over to view the same minor, 
 married woman, or other person, and the like course is to 
 be pursued thereupon as if he or she were in England.^ 
 
 5. On any appUcation to the Court under this Act, it 
 is competent for the guardian, trustee^ husband, or other 
 person to prove to tlie Court by affidavit that the infant, 
 married Woman, or other person is alive but cannot be 
 produced.* 
 
 6. The Master of the Rolls has no jurisdiction under 
 this statute.* 
 
 7. The place at which, the time when, and the persons 
 before whom the tenant for life or cestui que vie is to be 
 produced must be inserted in the order.® 
 
 8. In a case where there was a tenant for 99 years, if 
 she should so long live, remainder to trustees to preserve 
 contingent remainders, remainder to the heirs of her body, 
 remainder over to the same trustees upon trust for other 
 persons, upon the application of those persons and of the 
 
 ' ^^^^- * Meyriok v. Lawes, 5 W. E. 746, 
 
 » Sect. 2. M. E. 
 
 " Sect. 4. 5 jjr-5 payfe Whalley, 4 Euss. 661. 
 
PRODUCTION OF TENANTS FOR LIFE. 295 
 
 trustees, the husband of the tenant for hfe was ordered to 
 produce her.' 
 
 9. An order was made under this Act upon a lessee 
 pur autre vie to produce the cestui que vie at the church- 
 door of the parish, which the lessee having disobeyed, 
 another order was made upon him to produce the cestui 
 que vie at the bar of the Court, which being also dis- 
 obeyed, counsel, by whom the orders had been obtained, 
 said that the Registrar doubted whether the Act did not 
 require that some return to the last order should be made 
 into the Petty Bag Office before an order entitling the 
 reversioner to enter on the demised premises could be 
 drawn up. The Vice-Chancellor of England (ShadweU), 
 however, said — " I apprehend that all that is necessary is 
 that the Registrar should insert a minute in the book of 
 the proceedings of this Court, that on this day, at the 
 sitting of the Court at 10 o'clock in the morning, no 
 person represented to be the cestui que vie was produced, 
 or appeared." ^ 
 
 10. Where a cestui que vie is to be produced to com- 
 missioners, and their return is filed, no further order is 
 necessary.^ 
 
 11. Real estate stood limited to J. D. for life, remainder 
 to A. D. in fee; J. D. assigned his hfe estate. Some time 
 afterwards, it became doubtful whether J. D. was living or 
 not, and there was evidence that when last seen he was 
 apparently hopelessly ill. The Court, on the application 
 of A. D., made an order under this statute requiring the 
 assignees of the life estate to produce J. D., though it 
 appeared that there had been no active concealment.* 
 
 1 Ex-pmie Grant, 6 Ves. 612. Eq. Kep. 52. 
 
 2 JJe lingen, 12 Sim. 104. See also ' Seton, 275. 
 
 JJe Clossey, 2 Sm. & G. 46 ; s. >;. 2 W. " ^ Dennis, 8 W. E, 649, V. C. S. 
 B. 183; 18 Jur. 222 ; 22 Law T. 253; 2 
 
296 LEGACY DUTY ACT. 
 
 12. The Court has no power under this Act to order 
 a remainderman expectant upon the determination of an 
 estate j)ur autre vie to pay to the tenant pur autre vie the 
 costs of production under the first order, the Act being 
 silent as to such costs.^ The Act, however, appears to 
 give the costs of production before the Court or Com- 
 missioners." 
 
 Section II. 
 
 The Jurisdiction of the Court under the Legacy Duty Act 
 (36 Geo. 3. c. 52, s. 32). 
 
 1. Under what cixcwmstamees legacy 
 may be paid into court. 
 
 2. Where money improperly paid imto 
 Bank. 
 
 3. Where more or less them the duty has 
 been paid. 
 
 4. Mode of applicalion foT payment out 
 of money. 
 
 5. Executors cannot invest legacy laith- 
 out wiithority of CouH. 
 
 6. No order necessary for payment in 
 of cash. 
 
 7. When legacy in cash, legacy duty 
 
 mitstf/rstbepwid. 
 
 8. Legatee must bear costs of obtaining 
 legacy oid of court. 
 
 9. Dividends of legacy will be applied 
 for infants •maintenance. 
 
 10. As to payment on petition by tencmt 
 for life. 
 
 11. In what cases applications should be 
 made to Chambers. 
 
 12. Simce Trustee Belief Act statute no 
 longer of so much practical import- 
 ance. 
 
 1. Wheee by reason of the infancy or absence beyond 
 the seas of any person entitled to any legacy, or to the 
 residue of any personal estate, chargeable with duty by 
 virtue of the Act, the executors or administrators cannot 
 pay such legacy, although there may be effects for that 
 purpose, or cannot pay such residue, although they may 
 have the same in their hands, such legacy or residue may, 
 after deducting the duty chargeable thereon, be paid into 
 the Bank of England, with the privity of the Accountant- 
 
 ' Se Isaac, i My. & Cr. 11. » Seton, 275. 
 
LEGACY DUTY ACT. 297 
 
 General of the Court, to be placed to the account of the 
 person or persons for whose benefit the same shall be so 
 paid, for payment of which money the Accountant- General 
 shall give his certificate, as usual in such cases, on pro- 
 duction of the certificate of the commissioners of stamps 
 that the duty thereon has been duly paid. Such payment 
 into the Bank will be a sufiicient discharge for the money 
 paid in, provided the duty be also paid thereon ; and 
 such money, when so paid in, is to be laid out by the 
 Accountant-General without any formal request for that 
 pm-pose in the purchase of SI. per centum consolidated 
 annuities, which, with the dividends thereon, are to be 
 transferred and paid to the person or persons entitled 
 thereto, or otherwise applied for his, her, or their benefit, 
 on application to the Court by petition or motion in a 
 summary way.^ 
 
 2. If, however, it should afterwards appear that such 
 money has been improperly paid into the Bank, the Court 
 may, upon petition in a summary way, dispose thereof, and 
 of the annuities purchased therewith, and the dividends 
 received thereon, in such manner as justice may require." 
 
 3. Provisions are also made to meet the case of an 
 excess of duty, as also where less than the proper amount 
 of duty has been paid to the commissioners.^ 
 
 4. The party entitled to the money should apply by 
 petition for payment of the same, and he must establish 
 his title to the fund by afiidavit or other proof. The 
 petition and afiidavit are intituled in the matter of the 
 Act and of the legacy.* An application under this Act 
 may also be made by motion,® but the usual practice is to 
 proceed by petition. 
 
 » 36 Geo. 3, c. 52, s. 32. ■■ Smith's Ch. Pr. 667. 
 
 " Ibid. ° ^ pa^ie Bennett, 15 Jur. 213, 
 
 3 Ibid. V. C. K. B. 
 
298 LEGACY DUTY ACT. 
 
 5. Where the executors invested the amount of a legacy 
 to which an infant was entitled, less the duty thereon, in 
 Three per Cent. Consols, and tendered the sum produced 
 by sale of the stock, with the interest upon it, to the 
 infant upon her coming of age, upon bill filed by the 
 legatee, it was held that the executors ought to have paid 
 the legacy into court under the above Act, as they would 
 thereby have made themselves free from all responsibility, 
 and a decree was accordingly made for payment of the 
 legacy, with four per cent, interest and costs of the 
 suit.* 
 
 6. Under the above Act no order from the Court is 
 requisite for the payment into court of a legacy in cash ; 
 but if the legacy is in stock, the Accountant-General will 
 not receive it without an order, which may be obtained on 
 petition.' The executor will be allowed to retain his costs 
 out of the interest, and pay in the balance.' 
 
 7. If the legacy is in cash, the legacy duty must first 
 be paid at the Legacy Duty Office, and a certificate thereof 
 obtained, which is taken to the Accountant-General's office, 
 when a direction is prepared for payment of the money 
 into the Bank in the name of the Accountant-General, and 
 the money is then paid in as previously directed, after 
 which it will be invested by the Accountant- General.* 
 
 8. Where a legacy is paid into court under the Act, 
 the legatee must bear the costs of obtaining an order for 
 payment out to him of the amount.® 
 
 9. The Court will, on petition or motion, order the 
 dividends arising from stock representing a legacy paid in 
 under this Act, to be applied for an infant's maintenance.® 
 
 1 EimeU v. Simpson, 18 Law J. (Oh.) ^ 2 Dan. Oh. Pr. 1767, ed. 2. 
 55, V. C. of England ; Ayokbourn's * Aycktoum's Ch. Pr. 365. 
 
 Ch. Pr. 364, 365. ' Whopham v. Wingfield, i Ves. 
 
 2 Be WatHngton's Trusts, 1 W. R. 630. 
 
 194, V. C. S. « Seton, 352 and reference. 
 
UNCLAIMED STOCK AND DIVIDENDS. 
 
 299 
 
 10. On a petition by tenant for life for payment of the 
 dividends of stock, the amount of a legacy paid in under 
 this Act, her costs were ordered to be paid out of the 
 income, and those of the trustee out of the corpus.^ 
 
 11. In all cases where the sum paid into the Bank or 
 the stock transferred into the name of the Accountant- 
 General in respect of any legacy, does not exceed 300/. 
 cash or 300/. stock, as the case may be, applications with 
 respect to the same should be made at chambers.'^ 
 
 12. Since the passing of the Trustee Relief Act, this 
 statute has ceased to be of so much practical importance, 
 as, under the former Act, legacies may now be paid into 
 coiut. However, the Legacy Duty Act may still be 
 resorted to should its provisions be considered more simple 
 or convenient. 
 
 Section III. 
 
 The Jurisdiction of the Court as to Unclaimed Stock and 
 
 Dividends under Statutes 56 Geo. 3, c. 60, and 
 
 8 & 9 Vict. c. 62. 
 
 1. Where dimidends not, clmmed for ten 
 
 years, slock to he tramsferred to com- 
 missioners. 
 
 2. Where claim disputed by bank, peti- 
 tion may be presented. 
 
 3. Where stock erroneously transferred, 
 i. Order may be rescinded, altered, or 
 
 varied. 
 
 5. As to service and costs. 
 
 6. Inquiry may be directed. 
 
 7. PrimS. facie equitable title sufficient. 
 
 8. Where conflicting claims, directions 
 vyill be given as to trial of rights. 
 
 9. Party net entitled fo accwmula- 
 tions. 
 
 1. Where the dividends payable in respect of any stock 
 or annuities have not been demanded for the period of ten 
 years, such stock or annuities are to be transferred to the 
 
 ' Jfe Hadland's Settlement, 23 Beav. 
 266 ; s. c. 4 W. R. 690 ; Se Hamers- 
 
 ley's Settlement, 23 Beav. 267. 
 » 35th Cons. Ord., r. 1, art. 2.' 
 
300 UNCLAIMED STOCK AND DIVIDENDS. 
 
 account of ths commissioners for the reduction of the 
 national debt in the manner directed ; ' and the dividends 
 accrued, and to accrue due on such stock or annuities, are 
 to be invested by the commissioners, and placed to a 
 separate account called " The Account of Unclaimed 
 Dividends." ^ 
 
 2. Such stock may be retransferred, and the dividends 
 thereof paid to any person making' out title to the same ; 
 but in case the Bank of England shall not be satisfied of 
 the justice or legality of any claim, then the claimant may 
 by petition in a summary way state and verify his claim to 
 such stock to the Court of Chancery, a,nd a copy of every 
 such petition must be served upon the Attorney- General, 
 and also upon the commissioners ; and thereupon the 
 Court is authorised and empowered to make such order 
 as to the transfer of the stock or annuities, and payment of 
 the dividends thereon, or otherwise relating thereto, and to 
 the costs of such application as to the Court shall appear just.^ 
 
 3. Where any stock has been erroneously transferred to 
 any claimant, and a new claimant shall not be able to 
 obtain a retransfer of the same, he may present a petition 
 to the Court of Chancery, who may thereupon direct the 
 commissioners to transfer to him an equivalent amount of 
 stock, and to pay such sum of money for dividends ^s may 
 appear to be just.* 
 
 4. Any person before the actual retransfer under these 
 Acts of stock or annuities, or before payment of dividends 
 to any claimant, may apply to the Court by petition to 
 rescind, alter, or vary any order made for such retransfer 
 or payment.* 
 
 6. The Attorney- General and the commissioners must 
 
 ' 56 Geo. 3, c. 60, ss. 1 & 2. 3 66 Geo. 3, c. 60, s. 5. 
 
 2 Ibid., s. 4 ; 8 & 9 Vict. c. 62, < Ibid., s. 7. 
 sect. 1. ' 8 & 9 Vict. c. 62, s. 3. 
 
JURISDICTION OF COURT AS PROTECTOR. 
 
 301 
 
 be served with copies of the petition, and the petitioner 
 must pay their costs as between party and party. The 
 extra costs are thrown upon the accumulations.* 
 
 6. Where some period has elapsed, the Court will make 
 an inquiry as to the person entitled to the stock.'^ 
 
 7. A sum of stock was ordered to be retransferred to 
 the petitioner under these Acts upon his showing a clear 
 title to the legal interest, but a prima fade title only to 
 the beneficial interest in the same stock.^ 
 
 8. If there are conflicting claims to the fund, the Court 
 will give directions for the trial of the rights of the parties 
 between themselves either by suit or otherwise.* 
 
 9. The party obtaining the fund is not entitled to any 
 accumulations which may have arisen from the investment 
 of dividends by the commissioners.* 
 
 Section IV. 
 
 The Jurisdiction of the Court as Protector under the Fines 
 and Becoveries Act (3 & 4 Wm. 4, c. 74). 
 
 1. Where 'person IwiwMc, &c.. Lord 
 Chamcellor protector. 
 
 2. In other cases of incapacity Court of 
 
 3, 4. Where no protector. 
 
 5. Mode of ohtainmg consent. 
 
 6. Where some other person joint pro- 
 tector. 
 
 7. Consent signified by order. 
 
 8. Where Iv/natiefowndsuchinlrelcmd. 
 
 9. Petition by tenant in tail son of ten- 
 cmtfor life cormuded of forgery. 
 
 10. Evsbamd of married woman con- 
 victed of felony. 
 
 11. Where tenant for life of fund in 
 Court a lunatic. 
 
 12. Leases of Iwnatic's estate not au- 
 thorised. 
 
 13. The duty of the Coii/rt as protector. 
 
 14. Where IwnaMc tenant in tail in pos- 
 session. 
 
 15. Where Iv/natic has the intervening 
 estate tail. 
 
 379; 
 
 c. 8 
 
 1 Be Holland, 1 Ph. 
 Jut. 253. 
 
 2 Mx parte Ram. 3 My. & Cr. 25 ; Re 
 Bishton, 6 V. K. 289 ; d. o. 27 Law 
 J. (Ch.) 168 ; 31 Law T. 64, L. C. ; ife 
 Molony, 9 W. R. 68, V. C. W. 
 
 ' £x parte Bouts, 28 Law J. (Ch.) 
 648 ; s. 0. 5 Jui. (N. S.) 961 ; 34 Law 
 T. 27, V. C. S. 
 
 * Ex pwrte LaveU, 2 J. & W. 397 ; 
 Hunt V. Peacock, 6 Hare, 361. 
 
 * Re Holland, uU supra. 
 
302 JURISDICTION OF COURT AS PROTECTOR. 
 
 1. Where any person protector of a settlement is 
 lunatic, idiot, or of unsound mind, and whether found 
 such by inquisition or not, then the Lord Chancellor is 
 the protector of the settlement, in lieu of the person so 
 being lunatic, idiot, or of unsound mind.' 
 
 2. And where any person protector of a settlement has 
 been convicted of treason or felony, or, not being the owner 
 of any prior estate under a settlement, is an infant, or it 
 be uncertain whether he be living or dead, then the Court 
 of Chancery is the protector of such settlement.'' 
 
 3. Where also any settlor entailing lands has in the 
 settlement declared that the person, who, as owner of a 
 prior estate, would be entitled to be protector of the 
 settlement, shall not be such protector, and shall not 
 appoint any person to be protector in his stead, then the 
 Court of Chancery is, as to the lands in which such prior 
 estate shall be subsisting, the protector of the settlement 
 during the continuance of such estate.^ 
 
 4. And in any other case where there may be subsisting 
 under a settlement an estate prior to an estate tail under 
 the same settlement, and such prior estate is sufficient to 
 qualify the owner thereof to be protector of the settlement, 
 but there happens at any time to be no protector of the 
 settlement as to the lands in which the prior estate is sub- 
 sisting, the Court is, while there shall be no such protector 
 and the prior estate shall be subsisting, the protector of 
 the settlement as to such lands.* 
 
 5. On the motion or petition in a summary way by a 
 tenant in tail under a settlement, the Lord Chaiicellor or 
 Court of Chancery, while protector of such settlement, has 
 full power to consent to a disposition under the Act by the 
 tenant in tail, and the disposition to be made by such 
 
 ' 3 & 4 Wm. i, u. 74, s. 33. a Ibid. 
 
 2 Ibid. 1 Ibid. 
 
JURISDICTION OP COUET AS PROTECTOR. 303 
 
 tenant in tail upon the motion or petition in that behalf, 
 must be approved of by the Lord Chancellor or Court, 
 and such orders may be made in the matter as shall be 
 thought necessary.^ 
 
 6. Where the Lord Chancellor or Court is the protector 
 jointly with any other person, then the consent of such 
 other person in manner required by the Act must be 
 given .^ 
 
 7. Where the Lord Chancellor or Court is the protector 
 of a settlement, no document or instrument as evidence of 
 consent as protector to the disposition of a tenant in tail 
 under such settlement shall be requisite beyond the order 
 in obedience to which the disposition shall have been made.^ 
 
 8. The Lord Chancellor has jurisdiction as protector 
 under this Act with regard to lands in England, where 
 the lunatic has been found such by inquisition in Ireland, 
 and is resident there.* 
 
 9. A tenant for life having been convicted of forgery 
 and transported, his eldest son, the tenant in tail, pre- 
 sented a petition prajdng that the Court, as protector of 
 the settlement, would consent to bar the entail or to the 
 raising of the sum of 3005/. 45. in the petition mentioned, 
 being 1800/. for the purchase of the hfe estate, which had 
 become vested in one Heaton; 1045/. 4s. to supply farm- 
 ing stock to the premises, the subject of the petition, and 
 160/. to furnish the house. A certificate of the conviction 
 and an affidavit of identity were furnished. The Court 
 having directed the petition to stand over for evidence, 
 that the sum of 1800/. proposed to be paid for the life 
 estate was a fair price, and as to the expenses of stocking 
 the farm, and an affidavit of a surveyor having been pro- 
 cured as to these points, made an order to the following 
 
 1 Sect. 48. ' Sect. 49. 
 
 ' Ibid. * He Graydon, 1 M. & G. 655. 
 
304 JURISDICTION OF COURT AS PROTECTOR. 
 
 effect. — Enter the affidavits as read. Declare that the 
 tenant for life, having been convicted of felony, as in the 
 petition mentioned, this Court -hath, for the purposes of 
 the said Act of Parliament, become the protector of the 
 settlement made by the indentures of lease and release of 
 the 21st and 22nd days of November, 1817, and by the 
 recovery in pursuance of the agreement contained in the 
 said indenture of release ; and declare that this Court, as 
 such protector, consents to bar the estate of the petitioner 
 as tenant in taU in remainder expectant on the determi- 
 nation of the life estate of the said William Gravenor 
 (the convict) of and in the several lands, tenements, and 
 hereditaments mentioned and comprised in the said settle- 
 ment, so far as is or may be necessary to enable the 
 petitioner to raise the sum of 3005^. As. upon mortgage 
 thereon (subject nevertheless to all prior incumbrances 
 affecting the said premises), together with the costsj 
 charges, and expenses of this application, and incident 
 thereto and consequent thereon, and also of the said 
 mortgage.^ 
 
 10. On the husband of a married woman, tenant for 
 life under a settlement, being convicted of felony, the 
 Court becomes protector of the settlement.'^ 
 
 11. Where the tenant for life of a fund in Court subject 
 to be laid out in land was a lunatic, and his son, the quasi 
 tenant in tail, being desirous- of having the money appHed 
 in the purchase of a captain's commission; petitioned the 
 Lord Chancellor to consent as protector, an order to 
 that effect was made by the Court ; but the petitioner's 
 allowance out of his father's estate was directed to be 
 reduced to the extent of the dividends on the stock 
 ordered to be sold.^ 
 
 ' Re Gravenor, 1 De 6. & S. 700. 12 Law J. (Ch.) 426. 
 
 " Me Wainewriglit, 1 Ph. 258 ; s. o. ^ (jrant v. Yea, 3 M. & K. 245. 
 
JURISDICTION OF COURT AS PROTECTOR. 305 
 
 12. The Court has no jurisdiction to authorise the com- 
 mittee of the estate of the lunatic tenant in tail in pos- 
 session \o grant leases of the lunatic's estate for a term of 
 twenty-one years, so as to bind the remaindermen.^ 
 
 13. As protector of the settlement, the only duty of the 
 Court is to see what, with reference to the interests of the 
 family, it would be proper for the tenant for life to do ; 
 and the aim must be rather to protect the objects of the 
 settlement than to give any benefit to one member of the 
 family to the exclusion of the others. Where, therefore, 
 the consent of the Lord Chancellor was asked to a dis- 
 position which would take away the estate from the 
 family by giving it to the husband of a daughter, 
 the Lord Chancellor was of opinion that such a course 
 would be anything but protecting the settlement, — it 
 would be destroying the settlement, — and refused the 
 application.'* 
 
 14. The Lord Chancellor is protector of the settlement 
 in the place of a lunatic, when the lunatic is tenant in tail 
 in possession.^ 
 
 15. Where a lunatic has a particular estate, in respect 
 of which the Lord Chancellor is protector of the settlement, 
 and has also the remainder pr reversion in fee, subject 
 only to an intervening estate tail, his Lordship, it would 
 appear, wiU not concur in any deed for barring the estate 
 tail.* 
 
 J Se Starke, 3 M. & K. 247. 26 Law T. 189, Full Court of Appeal, 
 
 3 Be Newman, 2 My. & Cr. 112 ; Me overruling, Be Blewitt, 3 M. & K. 250 j 
 
 Graydon, 1 M. & G. 655. and, on this point. Be Isaac Wood, 3 My, 
 
 3 Be Blewitt, 4 W. R. 195 ; s. c. 25 & Cr. 266. 
 
 Law J. (Oh.) 393 ; 2 Jur. (N. S.) 217 ; ^ -B« Isaac Wood, mM mpra. 
 
306 LOANS ON SECURITIES IN IRELAND. 
 
 Section V. 
 
 Loans on Meal Securities in Ireland (4 & 5 Wm. 4, 
 I. 29, s. 2). 
 
 1. Object and valiie of Act. | 2. Where minor, tic, interested. 
 
 3. Effect of order of Oowrt. 
 
 1. In order to encourage the investment of money on 
 landed property in Ireland, an Act ^ was passed authorising 
 trustees, unless where expressly restricted to the contrary^ 
 to lend money on real 'securities in that country. The 
 value, however, of this statute has been much taken away 
 by the practice which it has introduced of adding to the 
 ordinary investment clause the words " but not in Ireland." 
 
 2. All loans of money on real securities in Ireland under 
 this Act, in which any minor, or unborn child, or person 
 of unsound mind, is or may be interested, mnst be made 
 by the direction and under the authority of the Court of 
 Chancery in England, such direction or authority being 
 obtained in any cause or*^ upon petition in a summary 
 way. 
 
 3. The order of the Court, where necessary to be 
 obtained under" this Act, only releases the trustees from 
 the responsibility of investing on land in Ireland, and not 
 for any defect of title or deficiency in value. However, it 
 would seem that the Court will not, and ought not, to 
 make an order without being satisfied as to the title and 
 value, and also that any formalities required by the power 
 to invest have been complied with.* 
 
 ' 4 & 6 Wm. 4, 0. 29. 251, V. 0. of England. 
 
 2 Expa/i-te French, 7 Sim. 610. ■• Norris v. Wright, 14 Beav. 291. 
 
 = Sect. -2. See Re Mostyn, 1 Law T. 
 
PETITIONS TO OBTAIN JUDICIAL OPINION. 
 
 307 
 
 Section VI. 
 
 On Petitions to obtain the Opinion, Advice, or Direction 
 of the Judge under 22 & 23 Vict. c. 35, s. 30. 
 
 1. TrusUe, executor, or admvaisirator 
 may apply to Oov/rt by petition or 
 summons for opinion or advice. 
 
 2. Petition or statement must be signed 
 hy coiwnsel. 
 
 3. Application mvst he served on per- 
 sons interested. 
 
 4. Opinion or advice to operlUe as an 
 
 5. But not in cases of fraud. 
 
 6. Costs in, discretum. of Judge. 
 
 7. Sow petitions, &c., vmder the Act 
 must be intituled, (te. 
 
 8. Cou/rse to be pursued on sealing of 
 summons. 
 
 9. As to service of petition or sum- 
 mmts. 
 
 10. Opinion, dec, must be passed and 
 entered. 
 
 11. As to fees and allowoMces. 
 
 12. Petition should contain all neces- 
 sary statements. 
 
 13. affect of decision of Court. 
 
 14. Cowt bomtd to give its opimimi. 
 
 15. Cou/rse to be pursued as topa/rties to 
 be served. 
 
 16. Petition need not be served on all 
 persons interested. 
 
 17. Court will not deal in Cha/mbers 
 with difficult questions. . 
 
 18. One trustee rtMy apply without con- 
 currence of co-trustee. 
 
 19. Cowt mil not samctrum mjmey to be 
 laid, out in improvements. 
 
 1. Ant trustee, executor, or administrator may, without 
 the institution of a suit, apply by petition to any Judge of 
 the Court of Chancery, or by summons upon a written 
 statement to any such Judge at chambers, for the opinion, 
 advice, or direction of such Judge on any question respect- 
 ing the management or administration of the trust pro- 
 perty, or the assets of any testator or intestate,' and that 
 whether the trust were created either previously or sub- 
 sequently to the passing of the Act.'' 
 
 2. The petition or statement must be signed by counsel, 
 and the Judge by whom it is to be answered may require 
 the petitioner or applicant to attend him by counsel either 
 at chambers or in court, where he deems it necessary to 
 have the assistance of counsel.^ 
 
 1 52 & 23 Vict. c. 35, sect. 30. Will, 8 W. R. 388. 
 
 2 iJcSimson'sTrustSj'lJohn. &Heia. ^ Act to further amend the Law of 
 89 ; s. c. svi). nom. Me Timpson's Property, 23 & 24 Yict. o. 38, sect. 9. 
 
 x2 
 
308 PETITIONS TO OBTAIN JUDICIAL OPINION. 
 
 3. Any application under this Act must be served upon, 
 or the hearing thereof be attended by, all persons inte- 
 rested in the same, or such of them as the Judge shall 
 think expedient.* 
 
 4. The trustee, executor, or administrator acting upon 
 the opinion, advice, or direction given by the Judge, is to 
 be deemed, so far as regards his own responsibility, to 
 have discharged his duty as such trustee, executor,, or 
 administrator in the subject matter of the application.'* 
 
 5. This Act, however, is not to extend to indemnify any 
 trustee, executor, or administrator in respect of any act 
 done in accordance with such opinion, advice, or direction 
 as above mentioned, if such trustee, executor, or adminis- 
 trator, has been guilty of any fraud, or wilful concealment, 
 or misrepresentation, in obtaining such opinion, advice, or 
 direction.^ 
 
 6. The costs of any of these applications are in the 
 discretion of the Judge to whom the same are made.* 
 
 7. All petitions, summonses, statements, affidavits, and 
 other written proceedings under this Act, must be intituled 
 in the matter of the Act ; and in the matter of the par- 
 ticular trust, •will, or administration ; and every such 
 petition and statement must be marked in the same 
 manner as directed with respect to any other petition or 
 statement not in a cause ; ^ and every such petition or 
 statement must state the facts concisely, and be divided 
 into paragraphs numbered consecutively ; and every such 
 summons must, except as to its title, be in the form of the 
 General Summons.^ 
 
 • 22 & 23 Viot. c. 35, sect. 30. the income, and in Re Simson's Trusts, 
 ' Ibid. m5i supra, the costs were directed to he 
 ' Ibid. paid out of the estate ; and so also in Jfe 
 - Ibid. Inife Spiller, 6 Jur. (N. S.) Pitts, 29 Law J. (Ch.) 168, M. R. 
 386 ; s. c. 2 Law T. (N. S.) 71, L. L. = 6. Cons. Ord., r. 6. 
 J.;andi!!s , 8 W. E. 333, L. L. J. the « Cons. Ord., Sch. K. No. 1 ; See Gene- 
 costs were directed to be paid out of ral Orders, 20th March, 1860, No. 1. 
 
PETITIONS TO OBTAIN JUDICIAL OPINION. 309 
 
 8. At the time when any such summons is sealed, the 
 statement upon which the same is grounded must be left 
 at the chambers of the Judge, and, on the conclusion of 
 the proceeding, transmitted to the Registrar by the Chief 
 Clerk, with the minutes of the opinion, advice, or direction 
 given by the Judge; and the Registrar shall cause such 
 statement to be transmitted to the report office to be there 
 Sled} 
 
 9. Every such petition or summons must be served 
 seven clear days before the hearing thereof, unless the 
 person served should consent to a shorter time.'' 
 
 10. The opinion, advice, or direction of the Judge shall 
 be passed and entered, and remain as of record in the 
 same manner as any other order made by the Court or 
 Judge, and the same shall be termed a " judicial opinion," 
 or " judicial advice," or " judicial direction," as the case 
 may be.^ 
 
 11. The fees of Court, and the fees and allowances to 
 solicitors on proceedings under this Act, shall be the same 
 as are now payable under the Consolidated General Orders,* 
 and by the practice of the Court for business of a similar 
 nature.* 
 
 12. The petition should contain in itself all the neces- 
 sary statements to enable the Court to give its opinion ; 
 and the Court will not allow affidavits to be filed for the 
 purpose of suppljdng information,® nor direct an inquiry in 
 chambers.'' 
 
 13. The decision of the Court will only give an in- 
 demnity to the trustees upon the facts stated in the 
 
 1 General Orders, 20th March, 1860, ' He Muggeridge's Trusts, John. 625; 
 No. 2. s. c. 29 Law J. (Ch.) 288 ; 8 W. R. 234; 
 
 2 IMd. No. 3. 6 Jut. (N. S.) 192 ; 1 Law T. (N. S.) 
 ' Ibid. No. 4. 436. 
 
 * 38 & 39. ^ Se Mockett's Will, John. 628 ; s. c. 
 
 5 General Orders, 20th March, 1860, 29 Law J. (Ch.) 294 ; 8 W. K. 235 ; 6 
 
 No 5. Jur. (N. S.) 142 ; 1 Law T. (N. S.) 436. 
 
310 PETITIONS TO OBTAIN JUDICIAL OPINION. 
 
 petition, and such decision is subject to no appeal, and 
 will not prevent a bill being filed. ^ 
 
 14. The Court is bound to give its opinion under this 
 Act if required ; but, at the same time, it is much better 
 when a point of importance and difficulty arises, that the 
 Court should hold its hand, and that a bill should be 
 filed.'' 
 
 15. No petition can be brought on under this Act 
 merely for the purpose of determining the question who 
 are the parties to be served. The petitioners must serve 
 such persons as they think fit, and state in the foot-note 
 who they have so served.^ 
 
 16. It is not necessary or proper, however, that such a 
 petition should be served upon all persons who may be 
 interested in the trust.* 
 
 17. Where an application under this Act was made in 
 chambers by trustees for the direction of the Court as to 
 certain repairs of a permanent nature proposed, to be made 
 on the property mentioned in the will, his Honour the 
 Vice-ChanceUor Stuart, directed that the matter should be 
 brought before him in Court upon petition, it not being,; 
 in his Honour's opinion, intended that the Court should 
 deal with questions of this kind without the assistance of 
 counsel.^ 
 
 18. It would seem that one trustee can apply under this 
 Act without the concurrence of his co-trustee.^ 
 
 19. The Court will not give an opinion under this Act 
 upon matters of detail which cannot be properly dealt with 
 without the superintendence of the Court and the assist- 
 ance of affidavits. Therefore, where trustees of a settle- 
 
 1 Re Mookett's Will, uH supra: * Re Muggeridge's Trusts, vM sv^a. 
 
 ' Ibid. 6 jie Dennis, 5 Jur. QS. S.) 1388 ; 
 
 3 Re Green's Trast, 6 Jur. (N. S.) ». c. 1 Law T. (N. S.)158, V. C. S. 
 
 530 ; s. c. 8 W. R. 403 ; 29 Law J. (Ch.) « Re Muggeridge's Trusts, vM supra. 
 716 ; 2 Law T. (N. S.) 275, V. 0. K. 
 
PETITIONS TO OBTAIN JUDICIAL OPINION. 311 
 
 ment having a power of purchasing lands on the request of 
 tenants for life desired the opinion of the Court as to the 
 propriety of applying 1200/. on such request in repairs 
 and permanent improvements, no answer was given on the 
 petition ; but it was intimated that on a bill filed there 
 would be no objection on principle to the course proposed 
 to be taken, and accordingly the order was made in a suit 
 subsequently instituted for the purpose.^ 
 
 1 Be Barrington's Settlement, IJohn. T. (N. S.) 17 ; 6 Jur. (N. S.) 1073 ; 29 
 & Hem. 142 ; s. c. 8 W. R. 577 ; 3 Law Law J. (Ch.) 807. 
 
APPENDIX OF PRECEDENTS. 
 
 No. h 
 
 General Form of Petition. 
 In Chanceet. 
 
 Lord Chancellor. 
 
 Vice-Chancellor Wood. 
 
 In the matter of, &c. 
 To the Eight Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of, &c., 
 
 Sheweth as follows : — 
 
 1. {Statements). 
 
 15. Your petitioner may be served with any order of the 
 Court, or notice relating to the subject of this petition at the 
 Office of, &c. 
 
 Your petitioner therefore humbly prays your Lordship, &c., 
 
 or that your Lordship will be pleased to make such 
 other order in the premises as to your Lordship shall 
 seem meet. 
 And your petitioner will ever pray, &c. 
 
 Note. — This petition is intended to be served on, &c.' 
 
 1 Where the dividends upon stock the fact of such period having elapsed 
 
 standing to the credit of any matter without any dealing therewith, must 
 
 have not been dealt with for upwards be expressly stated on the face of the pe- 
 
 of fifteen years, and a petition is pre- tition. — (Lord Cihancellor's Directions, 
 
 sented respecting the same dividends, Hilary Term, 1860.) 
 
314 APPENDIX OP PRECEDENTS. 
 
 No. 2. 
 
 General Form of Affidavit. 
 In Chanceey. 
 
 In the matter of, &c. 
 "We, John Styles, of, &c., and William Nokes, of, &e., seve- 
 rally make oath and say as follows : — 
 
 1. And first I, John Styles, for myself say, &c. 
 3. And I, WiUiam Nokes, for myself say, &c. 
 3. We, both these deponents, say, &c. 
 
 10. The statements contained in paragraph 1 of this our 
 affidavit are made on the personal knowledge of me, this 
 deponent John Styles, and my means of knowledge was, &c. 
 and the statements contained in paragraph 2, are made on the 
 like personal knowledge of me, this deponent William Nokes, 
 and my means of knowledge was, &c. 
 
 and the statements contained in paragraphs 3, 4, 5, and 6, are 
 made on our own personal knowledge, and our means of know- 
 ledge was, &c. 
 
 and the statements contained in paragraphs 7, 8, and 9, are 
 made from information we have received from Messrs. A. B. 
 and C. D., our solicitors. 
 
 Sworn, &c. 
 
 No. 3. 
 
 Affidavit by an Attesting Witness as to execution of a Deed 
 produced on the hea/ririg of a Petition as an Exhibit. 
 
 In Chancebt. 
 
 In the matter of, &c. 
 I, A. B. of, &c., make oath and say as follows : — 
 
 1. I was present and did see G. L., of, &c., sign and seal, 
 and as his act and deed deliver, a certain deed of release 
 
 bearing date the day of , and now produced and 
 
 shown to me this deponent and marked with the letter A. 
 
 a. The name " G. L." set and subscribed to the said deed of 
 release as the party executing the same, is of the proper hand- 
 writing of the said G. L., and the name A. B. set and sub- 
 
APPENDIX OP PRECEDENTS. 315 
 
 scribed to the said deed of release as one of the witnesses 
 attesting the execution of the said deed of release by the said 
 G. L. is of the proper handwriting of me this deponent ; and 
 the name " L. L." set and subscribed to the said deed of release 
 as the oliier of such attesting witnesses is of the proper hand- 
 writing of the said L. L. 
 
 Sworn, &c. 
 
 » No. 4. 
 
 Affidavit where no Attesting Witness, or where, from absence or 
 death of Attesting Witness, Deed is otherwise proved.' 
 
 In Chanceey. 
 
 In the matter of, &c. 
 I, R. W. of, &c., make Oath and say as follows : — 
 
 1. I know and am well acquainted with the handwriting of 
 John Montague, of, &c., having frequently seen him write. 
 
 2. I have looked upon the deed of release which is now 
 produced and shown to me this deponent, and marked with the 
 letter A, and I say that the name " John Montague," set and 
 subscribed to the said deed of release as one of the parties 
 executing the same, is of the proper handwriting of the said 
 John Montague. 
 
 Sworn, &c. 
 
 No. 5. 
 
 Affidavit where Attesting Witness is dead, hy person who can 
 speak to his identity and handwriting. 
 
 In Chancebt. 
 
 In the matter of, &c. 
 I, John Tadpole, of, &c., make oath and say as follows : — 
 
 ' It is not now necessary to prove by there had heen no attesting witness 
 
 the attesting witness any instrument to thereto. — (Common taw Procedure Act, 
 
 the validity of which attestation is not 1854, 17 & 18 Vict. c. 125, sect. 26. 
 
 vequmte, but such instmroent maybe Sed vide swpra, p. 33.) 
 proved by admission or otherwise, as if 
 
316 APPENDIX OF PEECEDENTS. 
 
 1. I knew and was well acquainted with William Sutton, late 
 of, &c., and was also well acquainted with his handwriting, 
 having frequently seen him write. 
 
 2. The said William Sutton is the same person as is named 
 in the certificate of his death which is now produced and shown 
 to me this deponent, and marked with the letter A. 
 
 3. I have looked upon the indenture of settlement which is 
 now produced and shown to me this deponent, and marked 
 with th« letter B, and I say that the name " William Sutton," 
 set and subscribed to the said indenture of settlement as the 
 witness attesting the execution of the same by the parties 
 thereto, is of the proper handwriting of the said William Sutton. 
 
 Sworn, &c. 
 
 No. 6. 
 
 Affidavit of identity of person named- m Certificate of death. 
 
 In Chancery. 
 
 In the matter of, &c. 
 I, Samuel Dorking, of, &c., make oath and say as follows : — 
 1. I knew and was weU acquainted with Edward Eeigate, late 
 
 of, &c., deceased, who died on the day of . 
 
 3. The said Edward Eeigate is the same person as is named 
 in the Certificate' which is now produced and shown to me, and 
 marked with the letter A. 
 
 Sworn, &c. 
 
 No. 7. 
 Petition imder Sir Samuel Bomilly's Act (53 Geo. III. c. 101). 
 In Chanceet. 
 
 Lord Chancellor. 
 
 Vice-ChanceUor Stuart. 
 
 In the matter of the W Charity. 
 
 And in the matter of an Act of the 53nd year of the 
 
 ' It is not necessary tliat the depo- mined the Certificate with the Eegis- 
 uent should swear that he has exa- ter. 
 
APPENDIX OP PRECEDENTS. 317 
 
 reign of His late Majesty King George the Third, 
 intituled " An Act to provide a summary remedy 
 in cases of abuses of trusts created for charitable 
 purposes." 
 
 To the Eight Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble Petition of A. B. and C. D., gentlemen, two 
 
 of the inhabitants of the town of W , in the county 
 
 of 
 
 Sheweth as follows : — 
 
 1. In 1628, Thomas devised a hpuse in W 
 
 with the buildings thereto belonging, to the corporation of 
 
 that town to the use of the poor of the parish of W 
 
 for ever. 
 
 2. The said house and premises are copyhold of the manor 
 
 of W , and some years ago a piece of land in in 
 
 W containing two acres and two roods, was allotted under 
 
 an Inclosure Act in respect of the said house. 
 
 3. At the present time the said charity estate consists of a 
 public-house, with the yard, stables, outbuildings, and two 
 tenements adjoining and also of the said allotment in . 
 
 4. Of late years the rent of the said estate has progressively 
 diminished, notwithstanding the same estate has been let from 
 time to time by auction, and the lessees of the principal part 
 thereof have given notice of their intention to quit the same at 
 Michaelmas now next. 
 
 5. The said public -house and the two tenements adjoining 
 are very old and dilapidated, and require the outlay of a very 
 large sum of money to put them in a state of good and sub- 
 stantial repair, and they abut upon the principal entrance into 
 
 W from L , the river N being on the opposite 
 
 side of the road; and the road where the said charity premises 
 abut on it is of the width of 16 feet only, and bounded on the 
 side next the said river by a wharf, which is perpendicular for 
 several feet in depth, and is kept in repair at the expense of 
 
 the corporation of W and of the said charity estate in 
 
 equal proportions. 
 
 6. By reason of certain alterations having been made a few 
 
318 APPENDIX OF PRECEDENTS. 
 
 years since in the outfall of the river N — — , the channel of it 
 has been greatly scoured out and deepened, by reason whereof 
 the wharf has become insecure, and has a tendency to slip into 
 the channel of the river ; and such deepening of the channel is 
 still in progress, and will in aU probability proceed for some 
 time to come before the channel of the river has attained its 
 greatest depth. 
 
 7. By reason of the circumstances aforesaid the reparation of 
 the said wharf has been of late years a source of great expense 
 to the said charity estate, and in February last a great portion 
 of the wharf gave way, and the road over it became impassable, 
 and the same has been repaired merely in a temporary manner, 
 but nevertheless at a large expense to the said charity estate ; 
 and to repair and rebuild the wharf and road so as to secure 
 the same and the charity premises from danger owing to the 
 increased depth of the river would require a large outlay of 
 money, and be attended with a very heavy expense to the said 
 charity estate. 
 
 8. The said devise^ premises are copyhold, fine arbitrary; 
 
 and Thos. , the surviving tenant thereof is of the advanced 
 
 age of 80 y^ars, and the admittance of a new set of tenants 
 would be attended with a very heavy expense. 
 
 9. The corporation of W are desirous of purchasing the 
 
 premises in ■ for the purpose of widening and improving 
 
 the river N and the navigation thereof, and of effect- 
 ing a permanent improvement to the town of W , and 
 
 of widening and improvij^g the road from W to L , 
 
 and they have applied tp, the trustees of the said charity 
 to set a price upon the same, with a . view to the purchase 
 thereof, . 
 
 10. Under the aforesaid circumstances it would be highly 
 beneficial to the said charity to dispose of the premises in 
 
 , and to treat, with the said corporation for the sale thereof 
 
 at a valuation by two indifferent persons or their umpire, and 
 to lay out the purcha,Be -money in the purchase of other lands 
 to be conveyed upon the trusts of the charity estate ; but the 
 said trustees, although they are willing to act in the premises 
 under the sanction of this Honourable Court, decline to take 
 
APPENDIX OF PRECEDENTS. 319 
 
 upon themselves to treat with the said corporation without 
 such authority. 
 
 11. The Charity Commissioners for England and Wales 
 have authorised this petition to be presented, as signified hy an 
 order or certificate signed by their secretary, and bearing date 
 the day of . 
 
 12. Your petitioners may be served, &c. 
 
 Your Petitioners therefore humbly pray your Lordship 
 that such directions may be given as under the above 
 circumstances may be deemed necessary and proper 
 for the management of the said charity estate and 
 premises so as to prevent the same from falling into 
 decay, and the income of the charity thereby becoming 
 diminished, and that the propriety of the proposed 
 purchase, or of some other mode of disposing of the 
 said premises in which -may be most advan- 
 tageous to the charity may be considered by this 
 Honourable Court, and that a scheme for the manage- 
 ment of the said charity may be settled and approved 
 of at chambers by his Honour the Vice-Chancellor' 
 Stuart, and that the costs, charges, and expenses of 
 your petitioners in reference to the matters aforesaid 
 previous to and in and about the presentation of this 
 'petition, and to be consequent thereon, may be 
 provided for in such manner as this Honourable 
 Court may think fit, or that your Lordship will be 
 pleased to make such other order in the premises as 
 to your Lordship shall seem meet. 
 
 And j'our petitioners will ever pray, &c. 
 
 A B. ^ 
 
 _,' ' I {Petitioners.) 
 
 Signed by the abovei-named A. B. and C. D., 
 
 the petitioners, in the presence of me, 
 
 E. F., solicitor' to the said petitioners 
 
 in the matter of this petition. 
 
 Note. — This petition is intended to be served on Her 
 
 Majesty's Attorney-General. 
 
320 APPENDIX OF PRECEDENTS. 
 
 No. 8. 
 
 Petition hy Guardian under 1 Wm. 4, c. 65, s. 33, to be allowed 
 to receive dividends and apply same for Infant's main- 
 tenance.^ 
 
 In Chanceet. 
 
 Lord Chancellor. 
 Vice -Chancellor Wood. 
 
 In the matter of Martha Pollen, an Infant. 
 And in the matter of an Act of the 1 Wm. 4th, c. 65, 
 intituled " An Act for consolidating and amend- 
 ing the laws relating to property belonging to 
 infants, femes covert, idiots, lunatics, and persons 
 of unsound mind." 
 To the Eight Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of John Pollen, of, &c. 
 Sheweth as follows : — 
 
 1. Charlotte Jones, late of, &c., widow, deceased, by her last 
 wiU and testament, dated, &c., and duly executed and attested, 
 gave and bequeathed all the residue of her personal estate to 
 Jeremiah Atkinson and Alfred Morton, their executors and 
 administrators, upon trust to convert the same into money, and 
 after paying the debts and legacies of the said testatrix to pay 
 and divide the whole of the said residuary personal estate unto 
 and between the said testatrix's nephew and niece, Arthur 
 
 ' It is protable' that, resort to the to the same purpose, or any other per- 
 
 Court for this purpose will now seldom son bound by law to provide for such 
 
 be necessary, sinod by the 26th sect, maintenance or education or not. A 
 
 of the Trustees' and Mortgagees' Act, learned writer in the Jurist, however, 
 
 23rd and 24th Vict. c. 145, it is enacted observes that tliis clause is so fraught 
 
 that where any propertyis held by trus- with doubts and difficulties that its 
 
 tees in trust for an infant, such trustees exclusion from all wiUs and settlements 
 
 may, at their sole discretion, pay to the should be most carefully insured, and 
 
 guardians of the infant, or otherwise that though the Courts wUl probably 
 
 ^Pply for his or her maintenance or hold an executor to bfe a trustee, yet no 
 
 education the whole or any part of the counsel would advise him to act on his 
 
 income to which the infant may be en- own responsibility before the question 
 
 titled in respect of such property, whe- has been judicially determined. See 
 
 ther there be any other fund applicable 6 Jur, (K. S.) part 2, 432. 
 
APPENDIX OF PKECEDENTS. 321 
 
 Pollen and the above-named Martha Pollen. And the said 
 testatrix appointed the said Jeremiah Atkinson and Alfred 
 Morton executors of her said will. 
 
 2. The said testatrix died on the day of , without 
 
 having in anywise altered or revoked her said wUl, and the same 
 was proved in the principal registry of Her Majesty's Court of 
 Probate on the day of , by the said Jeremiah Atkin- 
 son and Alfred Morton, the executors thereof. 
 
 3. The said Jeremiah Atkinson died on the day of 
 
 leaving the said Alfred Morton his co-trustee him surviving. 
 
 4. The said Alfred ' Morton collected and converted into 
 money the personal estate of the said testatrix, and after paying 
 her debts and legacies, paid one equal moiety of the residue of 
 such personal estate to the said Arthur Pollen, and invested the 
 remaining moiety of such personal estate in the purchase of 
 lOOOZ. 10s. 4d. Si. per cent, consolidated bank annuities, in the 
 joint names of himself and the above-named infant Martha 
 Pollen. 
 
 5. The said Alfred Morton, the said surviving trustee, died 
 on the day of . 
 
 6. William Pollen, late of, &c.,'the deceased father of the 
 said infant Martha PoUen, by his last will and testament, dated 
 
 the day of , and duly executed and attested, duly 
 
 constituted your petitioner, who is the uncle of the said infant, 
 
 her guardian during her minority ; and on the day of 
 
 the said will was proved by your petitioner the sole executor 
 thereof, in the principal registry of Her Majesty's Court of 
 Probate. 
 
 7. The said Martha PoUen wiU not attain the age of 81 years 
 
 until the day of , and, as she has no other property, 
 
 it is desirable that in the meantime the dividends of the said 
 sum of lOOOL 10s. id. 31. per cent, consolidated bank annuities 
 should be applied by your petitioner for her maintenance and 
 benefit. 
 
 8. Your petitioner may be served, &c. 
 
 Your petitioner therefore humbly prays your Lordship 
 that your petitioner may be at liberty to receive the 
 dividends already due and to accrue due on the said 
 
332 APPENDIX OF PRECEDENTS. 
 
 sum of lOOOZ. 10s. 4kA. 3Z. per cent, consolidated bank 
 annuities, for the purpose of, and to be applied for 
 'the maintenance or otherwise for the benefit of the 
 
 said infant, Martha Pollen, until the day of 
 
 , when she wUl attain 31, or until the further 
 
 order of this Honourable Court, and that the governor 
 and company of the Bank of England may be ordered 
 and directed to pay such dividends accordingly, or 
 that your Lordship wiE be pleased to make such 
 further or other order in the premises as to your 
 Lordship shall seem meet. 
 And your petitioner will ever pray, &c. 
 Note. — This petition is intended to be served, &c. 
 
 No. 9. 
 
 Petition hy a Mother under the Infant Custody Act to obtain 
 the custody of her Children and access to the others. 
 
 In Chanceet. 
 
 Lord Chancellor. 
 
 Vice-Chancellor Wood. 
 
 In the matter of Mary Chester,. Edward Chester, and 
 Catherine Chester, infants under the age of 21 
 years. 
 And in the matter of an Act made and passed in the 
 Snd and 3rd years of the reign of her present 
 Majesty, intituled " An Act to amend the Law 
 relating to the custody of Infants." 
 To the Eight Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of Adelaide Chester, the wife of 
 John Chester, of, &c.. Esquire, by James Wilkinsoi^ 
 of, &c., gentleman, her next friend, 
 
 Sheweth as follows : — 
 
 1. Your petitioner and her husband, the above-named John 
 Chester, have been married ten years and upwards, and there 
 
APPENDIX OF PRECEDENTS. 323 
 
 has been issue of such marriage three children and no more, 
 (that is to say) the above-named Mary Chester, Edward Chester, 
 and Catherine Chester, of the respective ages of four, seven, 
 and nine years. 
 
 2. For many years past differences had arisen between your 
 petitioner and her said husband, and your petitioner was 
 subjected to much unhappiness in consequence of the general 
 unkindness and neglect of her husband. 
 
 3. On the day of your petitioner left her husband, 
 
 and went to reside at the house of her brother, the above-named 
 James Wilkinson, where she is now living, and shortly after the 
 said date the said John Chester was bound over to keep the 
 peace towards your petitioner. 
 
 4. There is not any probability of the differences between 
 your petitioner and her husband being amicably settled, and 
 under these circumstances your petitioner is desirous of 
 obtaining the custody of her youngest chUd the said Mary 
 Chester, now aged four years as aforesaid, and of being allowed 
 such access to the said other children as this Court may think 
 proper to sanction, 
 
 5. Your petitioner may be served, &c. 
 
 Your petitioner therefore humbly prajs your Lordship 
 that the said John Chester may be ordered to deliver 
 the said Mary Chester to your petitioner, to remain 
 in the custody of your petitioner until she shall attain 
 the age of seven years, subject to such regulations as 
 this Court shall deem convenient and just ; and that 
 the said John Chester may also be ordered to permit 
 your petitioner to have access to the said Edward 
 Chester and Catherine Chester at such times and 
 subject to such regulations as this Court shall deem 
 convenient and just ; and that the said John Chester 
 may be ordered to pay the costs of and incident to 
 this application and consequent thereon and relating 
 thereto, or that your Lordship will be pleased, &c. 
 And your petitioner will ever pray, &c. 
 Note. —This petition is intended to be served on the above- 
 named John Chester. 
 
 T 2 
 
324 APPENDIX OF PRECEDENTS. 
 
 No. 10. 
 
 Order made on the preceding Petition. 
 
 This Court doth order that the said John Chester do, by six 
 o'clock in the afternoon of this day, deliver the . said infant, 
 Mary Chester, to the said James Wilkinson {brother and next 
 friend of petitioner), the said James Wilkinson hereby under- 
 taking to deliver the said infant to the said petitioner, Adelaide 
 
 Chester, at the house of Mrs. , the mother of the said 
 
 John Chester. And it is ordered that, the said infant do 
 remain in the custody of the said Adelaide Chester until the 
 said infant shall attain the age of seven years, or during such 
 shorter time as this Court shall direct. And it is ordered 
 that the said infant be not removed from Camberwell without 
 the leave of this Court, except for occasional visits to the sea 
 coast of England, or into the country, for the sake of health 
 or change of air, but not to a greater distance than 130 miles 
 from London ; and on any such removal, it is ordered that a 
 notice be sent by the post to the said John Chester of the 
 place to which the said infant shall be so removed, but the said 
 infant, Mary Chester, is not, under any circumstances, to be 
 removed out of the jurisdiction of this Court. And it is 
 ordered that the said John Chester, or some member of his 
 family deputed by him, do have access to the said infant once 
 in every six "weeks, such interviews not to exceed two hours 
 each, and to take place between the hours of ten o'clock in the 
 forenoon and four o'clock in the afternoon, and also to take 
 
 place at the house of Mr. Chester's mother, Mrs. , if she 
 
 will consent thereto ; and the said infant is to be sent there 
 under the care of some responsible person to be appointed by 
 the petitioner, who is to bring the said infant back to the 
 
 petitioner; but in case the said Mrs. , the mother of the 
 
 said John Chester, shall not consent to such interviews taking, 
 place at her house, then the said John Chester is to have 
 access to the said infant at the house where his wife, the 
 petitioner, may then be residing, and then in the presence of 
 some responsible person to be appointed as aforesaid. And it 
 is ordered, that the petitioner do have access to the elder 
 children, Edward Chester and Catherine Chester, once in 
 
APPENDIX OF PRECEDENTS. 325 
 
 every six weeks, such interriews not to exceed two hours each, 
 and to take place between the hours of t^n o'clock in the fore- 
 noon and four o'clock in the afternoon; and if the said 
 children are resident at, or within one mile of Eeigate, such 
 interviews are to take place at some respectable house in or 
 within two miles of Eeigate, to be appointed from time to time 
 by or on behalf of the petitioner, and if resident elsewhere 
 (except at or within one mile of Camberwell) then such 
 interviews are to take place at some respectable house within 
 two miles of their residence, to be appointed by or on behalf of 
 the petitioner ; but if re^dent at or within one mile of Camber- 
 well, then the said two children are to be brought to the 
 residence of their mother, at or near one mile of Camberwell, 
 under the care of some respectable person to be appointed by 
 the said John Chester, and such person is to take them back to 
 their said father, the said John Chester, who is not to be present 
 at any of the interviews aforesaid, or to molest or annoy the peti- 
 tioner on any of those occasions ; and in case of illness of the 
 infant, Mary Chester, it is ordered that immediate notice by the 
 post be given to the said John Chester, the father, and in case he 
 shall be dissatisfied with the medical attendance, or the degree 
 of access allowed to him on the occasion of such illness, he is to 
 be at Hberty to apply to this Court. And this Court dothreserve 
 the question whether this Court, under the Statute of 2nd and 3rd 
 Vict. c. 54, can give any costs of this application, and if it can, 
 whether it ought to give any costs, and any of the parties are to 
 be at liberty to apply to this Court, as there shall be occasion. 
 
 No. 11. 
 Petition wnder the Solicitors' Act ' to Tax Bills of Costs. 
 In Chanceet. 
 
 Master of the EoUs. 
 
 In the matter of G. L. N. gentleman, one of the solici- 
 tors of this Court. 
 
 1 A petition under the recent Act estate witli payment of the costs of 
 23 & 24 Vict. c. 127, sect. 29, for an the lunacy inqniiy must he presented 
 order to charge a deceased lunatic's within six years from the death of the 
 
336 APPENDIX OF PBECEDENTS. 
 
 And in the matter of an Act made and passed in the 
 6th and 7th years of the reign of her present 
 Majesty, intituled, " An Act for consoKdating and 
 amending several of the Laws relating to Attornie^ 
 and Solicitors practising in England and Wales." 
 To the Bight Honourable the Master of the Eolls. 
 The humble Petition of J. A. E. of &c., 
 Sheweth as follows : — 
 
 1 to 6. (Preliminary statements.) 
 
 7. The vouchers for the sum of lOl. 15s. 8d., for costs on the 
 debit side of the said account current, are a bill of costs of the 
 said G. L. N. against the said S. E., the person by virtue of the 
 said indenture of the 3nd day of September, 1848, entitled to 
 the aforesaid sum of 1500Z. and interest, and a receipt for the 
 same sum of IQl. 15s. 8d., signed by the said, G. L. N. as having 
 been paid by the said S. E. to him on the 29th day of Novem- 
 ber, 1848. 
 
 8. The vouchers for the said item of 337J. 14s. 7d., on the 
 debit side of the said account current, consist of a bUl of costs 
 for that amount of the said G. L. N. against the said J. E. and C. 
 B. N., as such trustees as hereinbefore mentioned, and of a 
 receipt for the said sum of 337?. 14s. 7d., dated the said 37th 
 day of December, 1848, and si^ed by the said G. L. N. 
 
 9. The said two several bills, together with the further bill 
 of the said G. L. N. for the sum of 211. 13s. 4d., severally con- 
 tain extravagant and improper charges, and your petitioner, as 
 the party liable to pay, and who has in manner herein men- 
 tioned paid the said three several biUs, is desirous of having the 
 same taxed, and the amount, which upon such taxation may be 
 struck off the said bills, paid to the said J. H. B., the Attorney 
 of your petitioner, by the said indenture of the 17th day of 
 November, 1848, appointed. 
 
 10. No part of the said bill of lOZ. 15s. 8d. was properly 
 charged agaiust or payable by the said trustees, and the said 
 G. L. N. having in the month of November, 1848, demanded 
 payment of the said bUl of the solicitor of your petitioner, and 
 
 lvmatic,or, at the latest, -within six years the costs. Me Cuijimiiig,6 Jur. (K S.) 
 from the order made, for the taxation of 1129 ; s. c. 3 Law T. <N. S.) 391, L. L. J. 
 
APPENDIX OP PRECEDENTS. 327 
 
 refused to deKver over certain deeds to wtich the said bill 
 refers, unless the amount thereof were paid, your petitioner's 
 said solicitor disputed the liability of your petitioner to dis- 
 charge such bill, and positively refused to pay the same, or 
 any part thereof, and such demand was afterwards abandoned 
 by the said Gr. L. N., and the deeds delivered up to your 
 petitioner's said solicitor. 
 
 11. The said bill contains a charge of 4?. 4s. Od., for the 
 journey of the managing clerk of the said G. L. N. to and from 
 London, alleged to have been taken on the SOth and 31st of 
 November, 1848, for 'the purpose of delivering over the said 
 deeds in the said bill mentioned to your petitioner's said 
 solicitor, and of 3 guineas for two days' expenses of the said 
 clerk, in addition to 3 guineas for travelling expenses, whereas 
 the proper charge for a managing clerk is 3 guineas per day, 
 including all expenses other than travelling, expenses, and such 
 journey is therefore overcharged by the said G. L. N. by a sum 
 of 3 guineas ; and such journey was, moreover, altogether unne- 
 cessary for the purpose of delivering over the said deeds, 
 and was not taken on that account, but for the purpose of 
 making inquiries and affidavits in support of an application to 
 this Honourable Court for leave to arrest your petitioner, the 
 order obtained for which was afterwards set aside with costs. 
 
 13. The payment in manner aforesaid of the said three 
 several bills was obtained from your petitioner by pressure ; 
 and the said J. H. B. could not have obtained payment of the 
 aforesaid balance due to your petitioner as aforesaid, unless 
 such deductions for and on account of the said three several 
 bills had been made in manner aforesaid, and the payment at 
 the time aforesaid of such balance was important to the 
 interests of your petitioner, and the said G. L. N. under the cir- 
 cumstances, and in manner herein appearing, obtained 
 payment of his said bills from the said trustees without 
 taxation thereof, and greatly to the prejudice of your petitioner. 
 
 13. A bill of costs of the said G.L. N. against your petitioner 
 for the sum of 2661. is now under taxation by Master . 
 
 14. Your petitioner may be served, &c. 
 
 Your petitioner therefore humbly prays your Honour that 
 
338 APPENDIX OF PRECEDENTS. 
 
 it may be referred to Mr. , the taxing-master,; 
 
 to whom the said bill against your petitioner stands 
 referred for taxation, to tax the said bills of costs of 
 the said G. L. N. for the said several amounts of 
 101. 15s. 6d., 337?. 14s. 7d., and 21i. 13s. id., together 
 with the costs of such reference, and that for the 
 purposes aforesaid, and in and with regard thereto, 
 all usual and proper directions may be given. And 
 that the said G. L, N. may be directed to pay within 
 14 days after such taxation to the said J. H. B., as 
 such assignee in trust and attorney of your petitioner, 
 the amount by which the said bills of costs shall upon 
 taxation be reduced, together with the costs of, and 
 incidental to, such taxation, and this application, if 
 proper, to be paid by him, or that your Honour 
 will be pleased to make such other order in the 
 premises as to your Honour shall seem meet. 
 And your petitioner will ever pray, &c. 
 Note, — This petition is intended to be served, &c. 
 
 No. 13. 
 
 Petition under the Lands' Cla/uses Act for investment of purchase- 
 money in Stock andpayment of dividends to Tenant for Life. 
 
 In Chancery. 
 
 Lord Chancellor, 
 Vice-Chancellor Stuart. 
 
 In the matter of the Bristol and Birmingham Midland 
 Eailways Act, 1846. And in the matter of the 
 Lands' Clauses Consolidation Act, 1845. 
 
 To the Eight Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of W. A. R., of &c. 
 
 Sheweth as follows : — 
 
 1. to 5. (Preliminary statements). 
 
 6. The said Midland Railway Company, on th& day of 
 
 , caused the said sum of S800Z. to be paid into .the Bank 
 
APPENDIX OF PRECEDENTS. 329 
 
 of England to an account intituled, " To the account of Eailway 
 and other accounts opened during Chancery vacation, W. A. 
 E,, in the matter of the Bristol and Birmingham Midland 
 Eailway," as appears hy the receipt or certificate of the cashier 
 of the Bank of England, the last-mentioned date ; and the said 
 sum of 3800i. so paid into the Bank has been since transferred 
 into the name of the accountant-general of this honourable 
 Court, to the credit of " Ex parte the Midland Eailway Com- 
 pany, in the matter of the Bristol and Birmingham Eailways 
 Act, 1846." 
 
 7. Your petitioner, uSider and by virtue of the said wiU, 
 would have been in the possession or the receipt of the rents 
 and profits of so much of the said hereditaments and premises 
 as hath been taken or required by the said company for the 
 purposes of the said Act if the same had not been so taken or 
 required, and your petitioner is also the person who in case the 
 said sum of 3800Z. were laid out in the purchase of lands and 
 hereditaments to be conveyed, limited, or settled, to, for, and 
 upon such uses, intents and purposes as the hereditaments and 
 premises so taken and required by the s.aid company as afore- 
 said, stood limited to, for, or upon, at the time when the same 
 were required and taken by the said company as aforesaid, 
 would during his lifetime have been entitled to the rents, and 
 profits of such hereditaments and premises so to be purchased 
 and settled. 
 
 8. Your petitioner is desirous that the said sum of 3800Z. 
 shall be invested by the said Accountant- General in his name in 
 the purchase of 31. per cent, consolidated bank annuities, and 
 that in the meantime, and until such annuities shall be ordered 
 by this Honourable Court to be sold for the purposes iu the 
 above-mentioned Acts in that behalf mentioned, the dividends 
 or interest and annual produce thereof shall from time to time 
 during the lifetime of your petitioner be paid to him. 
 
 9. Your petitioner may be served, &c. 
 
 Your petitioner therefore humbly prays your Lordship 
 that the Accountant- General of this Honourable Court 
 may be directed to invest the said sum of 3800Z. now 
 standing in his name to the credit of " Ex parte the 
 
330 APPENDIX OF PRECEDENTS. 
 
 Midland Eailway Company, in the matter of the 
 Bristol and Birmingham Midland Railways Act, 
 1846," in the purchase in his name of Si. per cent, 
 consolidated bank annuities, to be placed to the credit 
 of " W. A. R,, Ex parte the Midland Railway Com- 
 pany." And in the meantime and until such annuities 
 shall be ordered by this Honourable Court to be sold 
 for the purposes in the above-mentioned Acts in that 
 behalf mentioned, from time to time to pay to your 
 petitioner during his natural life the dividends, interest, 
 and annual produce accruing or becoming due for or in 
 respect of the said annuities. And that it may be 
 referred to the taxing master in rotation of this 
 Honourable Coujt to tax your petitioner and all other 
 necessary parties to this petition, their costs of 
 and incidental to this petition, and the order to be 
 made thereon, and that the amount of such costs, 
 charges, and expenses when so taxed may be directed 
 to be paid by the said Midland Railway Company, 
 or that your Lordship will be pleased to make such 
 further or other order in the premises as to your 
 Lordship shall seem meet. 
 And your petitioner will ever pray, &c. 
 Note. — This petition is intended to be served, &c. 
 
 No 13. 
 
 Petition under the Lands' Clauses Act to obtain transfer 
 out of Court of a sum of Stock. 
 
 In Chanceey. 
 
 Lord Chancellor. 
 
 Vice-Chancellor Wood. 
 
 In the matter of H. R.'s. Estate. 
 And in the matter of the &c. {Special Act). And in 
 the matter of the Lands' Clauses Consolidation 
 Act, 1845. 
 To the Right Honourable the Lord High Chancellor of Great 
 Britain. 
 
APPENDIX OF PRECEDENTS. 331 
 
 The htanble petition of H. E. E., of &c., and J. M. E., 
 
 of &c. 
 
 Sheweth as follows : — 
 
 1 to 16 (state Special Act briefly ; Will of H. E., by which 
 a sum of 12,000Z. was directed to be invested in the purchase of 
 land, and settled for the benefit of testator's daughters for their 
 lives, then to petitioner H. E. E. for life, with remainder to his 
 first and other sons in tail ; death of testator and probate ; 
 death of one of the executors ; investment of part of 13,000?. 
 by two remaining executors in land; execution by them of 
 deed poll ; death of daughters ; taking of name and arms by 
 petitioner H. E. E., as directed by Will ; that petitioner J. M. 
 E. is the first and eldest son of petitioner H. E. E. ; death of 
 another executor; purchase by Company and paymentinto Court 
 of 900?. purchase money ; order for investment ; investment in 
 989?. 5s. 3d. bank annuities accordingly; attaining age of 
 petitioner J. M. E. ; disentailing deed of said stock, dated 
 29th December, 1851, and reassignment of same; that only 
 limitation at date of deed prior to interest in tail of petitioner 
 J. M. E. was life estate of petitioner H. E. E.) 
 
 17. Subject to the life interest therein of your petitioner 
 H. E. E., the said sum of 982?. 5s. Sd., 31. per cent, consoli- 
 dated bank annuities, has, by virtue of the said disentailing 
 deed, become the absolute property of your petitioner J. M. E., 
 and upon the execution of the said disentailing deed, it was 
 arranged and agreed between your petitioners that the said sum 
 of 982?. 5s. 3d. bank annuities should become the absolute 
 property of your petitioner J. M. E., and both of your peti- 
 tioners are desirous that the said sum of 982?. 5s. 3c?. bank 
 annuities shall be transferred into the name of your petitioner 
 J. M. E., for his own absolute use and benefit. 
 
 18. Upon, or shortiy after, the execution of the said inden- 
 ture of the 29th day of December, 1851, the said J. S. B. {the 
 remaining executor) placed in the control of your petitioners so 
 much of the said sum of 12,000?. as had not been invested in 
 land as aforesaid, and thereupon your petitioners executed to 
 the said J. S. B. a release of all claims and demands in respect 
 of the said trust, and the said J. S. B, has ceased to have an 
 
832 APPENDIX OP PRECEDENTS. 
 
 interest in the said sum of 982Z. bs. 3d. bank annuities, or any 
 part thereof, or in any other of the said trust funds. 
 
 19. The lands and hereditaments comprised in the said dis- 
 entailing deed have been resettled by your petitioners, but the 
 said sum of 982Z. 5s. 8d. bank annuities is not comprised in, 
 or in any manner affected by, such resettlement ; and your 
 petitioners (the one as tenant for life in possession, and the 
 other as absolutely entitled in remainder expectant upon 
 such life interest) are absolutely entitled to the said sum of 
 ■982Z. 5s. 3d. bank annuities ; and your petitioners have a good 
 title thereto, and are not aware of any right in any other per- 
 son, or of any claim made by any other person, to the said sum 
 of 982Z. 5s. 3d. bank annuities, or to any part thereof." 
 
 20. Your petitioners may be served, &c. 
 
 Your petitioners, therefore, humbly pray your Lordship 
 that the Accountant- General of this Honourable Court 
 may be directed to transfer into the name of your 
 petitioner J. M. E. the said sum of 982Z. 5s. 3d., 31. 
 per cent, consolidated bank annuities, so standing in 
 the name of the said Accountant-General in trust, 
 &c. ; and that it may be referred to the proper taxing- 
 master of this Honourable Court to tax the costs of 
 your petitioners of and relating to this application, 
 and the order to be made thereon ; and that the 
 amount of the same, when so taxed, may be ordered 
 to be paid by the said Company to Mr. A. J., your 
 petitioners' solicitor, or that your Lordship will make 
 such further or other order in the premises as to your 
 Lordship shall seem meet. 
 
 And your petitioners will ever pray, &c. 
 Note. — This petition is intended to be served, &c. - 
 
 ^ If, as is tlie usual course, the peti- tinot affidavit to the effect that he is 
 tioner makes an affidavit echoing the not aware of any right, &c., mil not he 
 statements of the petition, then a dis- requisite. 
 
appendix; of precedents. 333^ 
 
 No. 14. 
 
 Petition under the Lands' Clauses Act for investment of pur- 
 chase-money in other lands. 
 In Chancery. 
 
 Lord Chancellor. 
 
 Vice- Chancellor "Wood. 
 
 In the matter of the estate of John Broughton, 
 ♦ deceased. 
 
 And in the matter of an Act, &c. {Special^ Act). 
 And in the matter of the Lands' Clauses Con- 
 solidation Act, 1845. 
 To the Eight Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of William Stapleton, of &c. 
 Sheweth as follows : — 
 
 1. John Broughton, of &c., deceased, being, at the time of 
 the date and execution of his last will and testament, and 
 thenceforth, imtil his decease, seized in fee simple of the lands 
 and hereditaments hereinafter mentioned, did, by his said last 
 will and testament, dated, &c., and duly executed and attested 
 for the devise of real estate, devise all his manors, messuages, 
 lands, tenements, and hereditaments, whatsoever and whereso- 
 ever situate, to the use of his nephew your petitioner, for his 
 life, without impeachment of waste ; and after the decease of 
 his said nephew your petitioner, to the use of the first and 
 all and every other the son and sons of the body of the said 
 testator's nephew, your petitioner, lawfully to be begotten 
 severally, successively, and in remainder, in tail male, with 
 divers remainders over, as in the now stating will expressed. 
 
 3. The said testator died on the day of , without 
 
 having altered or revoked his said will, and the same was, on 
 
 the day of , proved in the Prerogative Court of 
 
 Canterbury. 
 
 3. Your petitioner is now in possession or receipt of the 
 rents and profits, for his life, of the manors, messuages, lands, 
 and hereditaments comprised in and devised by the said will 
 as aforesaid. 
 
 4. Your petitioner has issue Samuel Broughton, his first or 
 
334 APPENDIX OF PRKdEDENTS. 
 
 eldest son, who is still an infant, and other children, and the 
 said Samuel Brought'on is the first tenant in tail in remainder, 
 entitled under the limitations of the said will, expectant upon 
 such aforesaid life estate of your petitioner. 
 
 5. The Railway Company (incorporated hy the first 
 
 ahove-mentioned Act, and with which is incorporated the 
 Lands' Clauses Consolidation Act, 1845), contracted with your 
 petitioner for the purchase of several pieces or parcels of land 
 
 in the parish of -, in the county of , heing part of the 
 
 lands so devised as aforesaid by the said will of the said John 
 Broughton, for the price of 1. 
 
 6. In pursuance of the above-mentioned Acts, or one of 
 them, the said Eailway Company paid the said purchase- 
 money, or sum of 1., into the Bank of England, in the 
 
 name and with the privity of the Accountant- General of this 
 Honourable Court, and the same was placed to the account there 
 of the said Accountant-General, and to the credit of Esm parte 
 the EaUway Company, and by deed dated the 
 
 of , your petitioner did, in consideration of the said pur- 
 chase-money of 1., convey unto the said Railway 
 
 Company the said several pieces or parcels of land so pui'- 
 chased by them of your petitioner as aforesaid. 
 
 7. By an order of this Honourable Court, made in the above- 
 mentioned matter by His Honour the Vice-Chancellor Wood, 
 
 on the day of , on the petition of your petitioner, it 
 
 was ordered that the sum of 1., standing in the Bank to the 
 
 credit of Ex parte the Railway Company, should be laid 
 
 out in the purchase of bank SI. per centum annuities in the 
 name and with the privity of the said Accountant-General, in 
 
 trust to the account of Ex parte the Eailway Company, 
 
 the devisees under the will of John Broughton; and it was 
 ordered that the dividends to accrue due on the said bank 
 annuities so to be purchased, should be from time to time, as 
 the same should become due, paid to your petitioner during 
 his life, or until the further order of this Court. 
 
 8. The money so by the said order directed to be laid out 
 
 was laid out according thereto in the purchase of 1, bank 
 
 3l. per cent, annuities. 
 
APPENDIX OF PRECEDENTS. 335 
 
 9. There is now standing in the name of the Accountant- 
 General of this Honourable Court to the credit of Ex parte the 
 
 Railway Company, the devisees under the will of John 
 
 Broughton, the sum of 1, bank 31. per cent, annuities. 
 
 10. On the day of your petitioner, subject to the 
 
 approval of this Honourable Court, entered into an agreement 
 with Sir Anthony Masters, . Baronet, whereby it was agreed 
 that the said Sir Anthony Masters should sell, and grant, and 
 convey to your petitioner, or as he might direct, and your 
 
 petitioner should purchase, at the price of 1, sterling, the 
 
 several pieces or parcels of land and hereditaments particularly 
 described in the schedule thereunder written subject to the 
 several stipulations in the said agreement contained. 
 
 11. Your petitioner believes that it would be for the benefit 
 of the said infant, Samuel Broughton, and any other person 
 who may become interested under the said wUl, that the pur- 
 chase so made by your petitioner as aforesaid should be com- 
 pleted. 
 
 12. Your petitioner is a person who, in case the said sum of 
 31. per cent, consolidated bank annuities were laid out in the 
 purchase of lands and hereditaments to be conveyed, limited, and 
 settled to, for, and upon such uses, intents, and purposes as the 
 hereditaments so taken and required by the said company, and in 
 respect whereof the same sum was so paid as aforesaid, stood 
 settled or limited to, for, or upon at the time when the same 
 were required and taken by the said company as aforesaid, 
 would, during the life of your petitioner, be entitled to the rents 
 and profits of such hereditaments and premises so to be pur- 
 chased and settled. 
 
 13. Your petitioner may be served, &c. 
 
 Your petitioner, therefore, humbly prays your Lordship 
 
 that the said agreement bearing date the day of 
 
 for purchase of the said pieces or parcels of land 
 
 and hereditaments from the said Sir Anthony Masters 
 may be carried into effect, and that so much of the 
 
 said sum of 1, bank 31. per cent, annuities now 
 
 standing in the name of the Accountant- General of 
 this Honourable Court to the credit of Ex parte the 
 
336 
 
 APPENDIX OF PRECEDENTS. 
 
 Eailway Company, the devisees under the will 
 
 of John Broughton, as will be sufficient to raise the 
 
 amount of the said purchase-money of 1., may be 
 
 directed to be sold, and that the proceeds of such sale 
 may be applied in discharge of the said purchase- 
 money, and that the costs of and relating to the said 
 purchase, and this application and the order to be made 
 hereon, and all reasonable costs and charges incident 
 thereto, may be directed to be paid by the said 
 
 Eailway Company, or that your Lordship will 
 
 be pleased to make such other order in the premises 
 as to your Lordship shall seem meet. 
 And your petitioner will ever pray, &c. 
 Note. — This petition is intended to be served, &c. 
 
 No. 15. 
 Affidavit by a Surveyor in swpjport of preceding Petition. 
 In Chanceey. 
 
 Lord Chancellor. 
 
 Vice- Chancellor Wood. 
 
 In the matter of the Estate of John Broughton, 
 
 deceased. 
 And in the matter of an Act, &c. (Special Act). And 
 in the matter of the Lands' Clauses Consolida- 
 tion Act, 1845. 
 I, John Snipe, of &c., make oath and say as follows — 
 
 1. I am a surveyor and valuer of land by profession, and have 
 been so for the term of 20 years and upwards. 
 
 2. I know and am well acquainted with the lands mentioned 
 and specified in the contract or agreement (produced and shown 
 to me at the time of swearing this my affidavit, and marked with 
 the letter A), and the plan thereunto annexed, and containing 
 by admeasurement -^ — acres or thereabouts. 
 
 3. I consider that the sum of 1., the consideration money 
 
 for the purchase of the said land, is a fair and reasonable price 
 for the same. 
 
 4. The said land joins or abuts on other land devised by the 
 
APPENDIX or PRECEDENTS. 337 
 
 will of John Broughton, Esquire, the value whereof would be 
 increased by the said land specified in the said contract or 
 agreement marked A, being purchased to be held therewith. 
 Sworn, &c. 
 
 No. 16. 
 Order made in the matter of the preceding Petition. 
 In Chancery. 
 
 Lord Chancellor. 
 
 Vice-Chancellor Wood. 
 
 In the matter of the estate of John Broughton, deceased. 
 
 And in the matter of an Act, &c. {Special Act). 
 
 And in the matter of the Lands' Clauses Consolida- 
 tion Act, 1845. 
 Upon the petition, &c.,-his Lordship doth order that the 
 
 agreement bearing date the day of , in the petition 
 
 mentioned for purchase of the pieces or parcels of land and 
 hereditaments particularly described in the schedule to the said 
 agreement, from Sir Anthony Masters, Baronet, be carried into 
 effect, in case a good title can be shown to the same heredita- 
 ments. And it is ordered that an inquiry be made whether a 
 good title can be made to the said lands, hereditaments, and 
 premises ; and in case a good title can be made, it is ordered 
 that a proper conveyance of such lands, hereditaments, and 
 premises be settled. And it is ordered that, upon the due 
 execution of such conveyance by such parties thereto as shall for 
 that purpose be named in the certificate of approval (such exe- 
 cution to be verified by affidavit), so much of the 1. — s. — d. 
 
 bank 31. per cent, annuities standing in the name of 
 the Accountant- General of this Court in trust, in the matter 
 intituled, "Ex parte The Midland Eailway Company, the 
 account intituled, The Devisees under the Will of John 
 Broughton," as wiU raise the purchase -money, or sum of 
 
 1_ .—s. — d.,be sold with the privity of the said Accoimtant- 
 
 General ; and one of the cashiers of the Bank is to have notice 
 to attend and receive the money to arise by the said sale, who, 
 
338 APPENDIX OF PRECEDENT. 
 
 upon the Receipt thereof, is to pay the same into the Bank, with 
 the privity of the said Accountant-General, to he there placed 
 to the credit of the said matter, the like account. And it is 
 ordered, that out of the money to arise by the said sale, the 
 
 said purchase-money of 1, he paid to such person or persons 
 
 as in the certificate of approval of the said conveyance shall be 
 .named, as entitled to receive the same. And it is, pursuant to 
 the 80th Section of the Lands' Clauses Consolidation Act, 
 1845, ordered that, upon the due execution of such conveyance, 
 the Midland Eailway Company do pay unto the said peti- 
 tioner his costs, including therein all reasonable charges and 
 expenses incidental thereto of the said purchase, and of this 
 order, and of aU proceedings relating thereto. 
 
 No. 17. 
 
 Affidavit to be filed by Trustee jprevidusly to paying Trust Fund 
 into Court, under the Trustee Relief Act. 
 
 In Chanceey. 
 
 In the matter of the Trusts of the Settlement made 
 on the marriage of Mary Barton. 
 
 And in the matter of an Act of the 10th and 11th Vict, 
 c. 96, intituled " An Act for better securing 
 Trust Funds, and for the Belief of Trustees." ' 
 
 I, Walter Madden, of, &e., make oath and say as follows : — 
 1. The place where I am to be served with any petition, or 
 with notice of any proceeding or order of this Honourable 
 Court, relating to the trust sum hereinafter mentioned, is at 
 
 the offices of Messrs. , my Solicitors. 
 
 ' 3. I propose to pay into this Honourable Court, to the 
 
 credit of the first above-mentioned matter, the sum of 1. 
 
 sterling, being the residue of the sum of — — I. sterling hereinafter 
 mentioned, after deducting therefrom the costs, charges, and 
 expenses which -have been incurred by me, in respect of my 
 
 1 When necessary, the aiBdavit should also he intituled in the matter of the 
 Trastee Relief Amendment Act. 
 
APPENDIX OF PRECEDENTS. 339 
 
 trusteeship of the said trust sum, or which will be incurred by 
 me in paying the same into Court. 
 S to 12. {General facts of the case.) 
 
 13. In consequence of such conflicting claims as aforesaid, 
 I have been unable to ascertain who are the proper parties to 
 receive the said trust sum, and I am therefore desirous of pay- 
 ing the same into this Honourable Court. 
 
 14. To the best of my knowledge and belief, the said 
 
 and are the only persons interested in or entitled to the 
 
 said sum. 
 
 15. Save as hereinbefore appears, the several facts men- 
 tioned in this my affidavit are stated on my own knowledge, 
 and I have acquired such knowledge as such executor as 
 aforesaid. 
 
 16. I submit to answer aU such inquiries relating to the 
 
 application of the said sum of 1, so proposed to be paid by 
 
 me into Court as aforesaid, as this Honourable Court may 
 think proper to make or direct. 
 
 Sworn, &c. 
 
 No. 18. 
 
 Notice to parties beneficially interested of payment into Court of 
 
 Trust Fund. 
 In Chanceet. 
 
 In the matter of the Trusts of the Settlement made 
 
 on the marriage of Mary Barton. 
 And in the matter of an Act of the 10th & Hth Vict. c. 
 96, intituled " An Act for better securing Trust 
 Funds, and for the Eelief of Trustees." 
 
 Take notice, that on the day of Walter Madden, of, 
 
 &c.,paid to the Accountant-General of the High Court of Chan- 
 cery, to the credit of the first above-mentioned matter, the sum 
 
 of 1, sterling, being the residue of a sum of 1, sterling, 
 
 held under the trusts of the above-mentioned settlement, after 
 deducting therefrom the costs, charges, and'expenses of paying 
 the said sum into Court. And we further give notice, that the 
 
 z 2 
 
340 APPENDIX OP PRECEDENTS. 
 
 said "Walter Madden has named our offices as the place where 
 he may he served with notice of any petition, or other proceed- 
 ing in this matter. 
 
 Dated the day of 
 
 & (Names), 
 
 (Address), 
 
 Solicitors for the above-named Walter Madden. 
 To, &.C. 
 
 No. 19. 
 
 Petition for transfer out of Cov/rt of Trust 8wm paid in under the 
 
 Trustee Belief Act. 
 In Chanceet. 
 
 Lord Chancellor. 
 
 Vice-Chancellor Wood. 
 
 In the matter of the Trusts of the Settlement made 
 
 on the marriage of Mary Barton. 
 And in the matter of an Act of the 10th & 11th Vict. 
 c. 96, intituled "An Act for better securing 
 Trust Funds, and for the Relief of Trustees." 
 To the Eight Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of Charles Samson, of &c. 
 Sheweth as follows : — 
 
 1 to 7. {General facts of the case.) 
 
 8. On the day of ^ the said Walter Madden filed 
 
 an affidavit which had been made' by him in the above-men- 
 tioned matter, stating to the purport or effect hereinbefore 
 stated, and also stating that he proposed to pay into Court to 
 
 the credit of the first above-mentioned matter the sum of 1., 
 
 which he therein also stated to be the residue of a sum of 1., 
 
 (made up of the sum of 1., and of a sum of 1, which had 
 
 accrued due for interest thereon), after deducting therefrom the 
 costs, charges, and expenses which had been incurred by him in 
 respect of his trusteeship of the said'trust sum, or which would 
 
APPENDIX OF PRECEDENTS. 341 
 
 be incurred by him in paying the same into Court, and also stating, 
 &c. [further general facts] ; and that in consequence of such con- 
 flicting claims as aforesaid, he, the said Walter Madden, had 
 been unable to ascertain who were the proper parties to receive 
 the said sum, and he was, therefore, desirous of paying the 
 same into this Honourable Court ; and further stating, that to 
 
 the best of his knowledge and belief, the said and 
 
 were the only persons interested in or entitled to the said trust 
 sum. 
 
 9. The said Walter Madden accordingly paid the said sum 
 
 of 1, into this Honourable Court to the credit of the first 
 
 above-mentioned matter, and the same has since been invested 
 by the Accountant- General of this Honoui-able Court in the 
 
 purchase of 1. 3l. per cent, consolidated bank annuities. 
 
 And the said sum of bank annuities is now standing in 
 the name of the said Accountant- General to the account 
 aforesaid. 
 
 10. {Further facts shewing the title of the petitioner.) 
 
 11. The place where your petitioner may be served with 
 any petition, or notice of any proceeding, or order of the Court 
 relating to the trust fund, is the office of Mr. his solicitor. 
 
 Your petitioner therefore humbly prays your Lordship 
 that the costs of your petitioner, and of such other 
 person or persons as your Lordship may think fit of 
 and consequent upon this petition, may be taxed as 
 between solicitor and client ; and that the same (the 
 amount to be verified by affidavit) may be raised 
 
 and paid out of the said sum of 1. 3i. per 
 
 cent, consolidated bank annuities, standing in the 
 name of the said Accountant-General to the above- 
 mentioned account; and that the residue of the 
 said sum of bank 31. per cent, annuities may be 
 transferred to your petitioner, or that your Lord- 
 ship will make such further or other order in the 
 premises as your Lordship may think proper. 
 And your petitioner will ever pray, &c. 
 Note. — This petition is intended to be served, &c. 
 
842 APPENDIX OF PRECEDENTS. 
 
 No. 20. 
 Order made on Petition under the Trustee Relief Act. 
 In Chancery, 
 
 Lord Chancellor. 
 
 Vice-Chancellor Wood, 
 
 In the matter of the trusts of the settlement made on 
 
 the marriage of Mary Barton. . 
 And in the matter of an Act of the 10th and 11th Yic- 
 toria, c. 96, intituled " An Act for better securing 
 Trust Funds, and for the Eelief of Trustees." 
 Upon the petition, &c., his Lordship doth order that it 
 be referred to the taxing-master in rotation of this Honour- 
 able Court to tax the petitioner and Walter Madden the 
 executor of the surviving trustee of the said settlement their 
 costs of this petition and consequent thereon as between 
 solicitor and client, and he is to certify the total amount 
 
 thereof. And it is ordered that so much of the sum of 1. 
 
 bank 3Z. per cent, annuities standing in the name of the said 
 Accountant-General in trust in the matter of the trusts of the 
 settlement made on the marriage of Mary Barton, as will raise 
 the said costs, be sold with the privity of the said Accountant- 
 General, and one of the cashiers of the'Baiik is to have notice 
 to attend and receive the money to arise by the said sale, who 
 upon the receipt thereof is to pay the same into the Bank with 
 the privity of the said Accountant-General, to be there placed 
 to the credit of this matter, the like trust. 'And out of the 
 money to arise by such sale it is ordered that the said costs be 
 paid as follows (that is to say), the costs of the petitioner to 
 
 Mr. ■ , his solicitor, and the costs of Walter Madden 
 
 to Mr. , his solicitor. And it is ordered that the residue 
 
 of the said bank annuities, the amount thereof to be certified 
 by affidavit, be transferred to the petitioner Charles Samson. 
 
APPENDIX OF PRECEDENTS. 343 
 
 No. 21. 
 Affidavit under the Trustee Belief Act {another form). 
 In Chancery. 
 
 In the matter of S — — 's Trust. 
 
 And in the matter of an Act of the 10th & 11th 
 years of the reign of her present Majesty, inti- 
 tuled " An Act for hetter securing Trust Funds, 
 and for the Eelief of Trustees." 
 I, J. D., of, &c., make oath and say as follows : — 
 
 1. By indenture of settlement, &c. 
 
 2. The said sum, &c. 
 
 3. There was issue, &c. 
 
 4. The said P. G. S. claims, &c. 
 
 5. The said P. G. S., H. S., and E. P. L., and the said 
 E. L. as the surviving trustee of the said indenture of settle- 
 ment, are the only parties interested in or entitled to the said 
 fund to the best of my knowledge and belief. 
 
 6. Under the circumstances aforesaid I propose to transfer 
 the said sum of lOOOZ. Si. per cent, consolidated bank annuities 
 into the name of the Accountant General of the High Court of 
 Chancery, under the provisions of the above-mentioned Act, to 
 an account to be intituled " The Trust Estate of P. G. S," and 
 I submit to answer all such inquiries relating to the application 
 of the said stock when transferred by me as aforesaid as the 
 Court of Chancery may think proper to make or direct. 
 
 7. W. D., of, &c., is my solicitor in this matter, and the 
 office of the said W. D. at, &c., is the place where I am to be 
 served with any petition or any notice of any proceeding or 
 order of the Court relating to the trust fund hereinbefore 
 mentioned. 
 
 8. AH the several facts and circramstances herein by me 
 deposed to and not stated only to be known by me on informa- 
 tion and belief are within my own knowledge derived from my 
 personal participation therein, and such facts and circumstances 
 as are deposed from information and belief are so deposed to 
 by means of information imparted to me by the said W. H., or 
 by such other persons as are. herein mentioned. 
 
 Sworn, &c. 
 
344 APPENDIX or PRECEDENTS. 
 
 No. 33, . 
 
 Special Case. 
 In Chancery. 
 
 Lord Chancellor. 
 
 Vice- Chancellor Wood. 
 
 Between William Eose, John Spring, ' 
 and Cecilia his wife, Martha 
 Horton, spinster, Thomas \ Plaintiffs. 
 Noon, and Nancy his wife, 
 and John Morton, 
 and 
 Charles Thornton, Joseph 
 Catley, Charles Bingley, 
 James Loughton, Edward 
 Loughton, an infant, by Henry 
 Tims, his special guardian, > Defendants. 
 Honora Cromorton, widow, 
 Edmund Worthy, Timothy 
 Carstairs, and Emily Finch, 
 spinster. 
 
 Special case for the opinion of the Court of Chancery imder 
 the provisions of the Act of Parliament intituled " An Act to 
 diminish the delay and expense of proceedings in the High 
 Court of Chancery in England." 
 
 1. to 4. By an indenture, &c. {Statements of case.) 
 5. The said defendant, James Loughton, who is the second son 
 of the said James Loughton, deceased, attained the age of 31 
 years on the day of , and on the day of inter- 
 married with Constance Loughton, and has had issue two sons 
 of whom the above-named defendant Edward Loughton is the 
 eldest, and the said Edward Loughton is the person entitled to 
 the first estate of inheritance in the said settled estates ; and by 
 an order made by his Honour the VicerChancellor Wood, on the 
 application of the said Edward Loughton, the said defendant 
 Henry Tims has been appointed to be the special guardian of the 
 said Edward Loughton, for the purpose of concurring in this case 
 in the name and on the behalf of the said Edward Loughtqn. 
 {Further statements.) 
 
APPENDIX OF PRECJEDENTS. 345 
 
 The Questions for the opinion of the Court are : — 
 
 Whether, under the circumstances above stated the sum 
 
 of 10,000i. or any other and what sum has become 
 
 raisable under the trusts of the term of 1000 years, 
 
 limited in use by the hereinbefore stated indenture 
 
 of settlement of the day of , as or for the 
 
 portions of the younger children of the said James 
 Loughton, deceased, and if so as from what time the 
 same and every part thereof respectively became 
 raisable, and ought to carry interest. And whether 
 the said defehdant James Loughton is entitled to any 
 share of the said sum of iO,OOOi. or any other sum 
 raisable under the said trusts. 
 
 A. B., 
 Counsel for the plaintiffs, and for the 
 defendant, James Loughton. 
 C. D., 
 Counsel for the defendants, the trustees, 
 Charles Thornton and Joseph Catley. 
 E. F., 
 Counselforthe defendant, Charles Bingley. 
 
 G. H., 
 Counsel for the infant defendant, Edward 
 Loughton, and for the defendants, 
 Honora Cromorton, Edmund Worthy, 
 Timothy Carstairs, and Emily Finch, 
 
 No. 33. • 
 Petition for the appointment of a new Trustee and for Vesting 
 
 Order of Trust Estate. 
 In Chancebt. 
 
 Lord Chancellor. 
 Vice-ChanceUor Stuart. 
 
 In the matter of the devised estates of Wilham 
 
 Eochester, deceased. 
 And in the matter of the Trustee Act, 1850.' 
 
 ■ Where the facts so require, the petition should also be intituled in the 
 matter of the Trustee Extension Act. 
 
346 APPENDIX OP PRECEDBN'i'S. 
 
 To the Eight Honourable the Lord High Chancellor of Great 
 Britain^ 
 
 The humhle petition of John Pelgrave, of, &c. 
 
 Sheweth as follows : — 
 
 1. 'WiLlianii Rochester, late of, &c., deceased, by his last wUl 
 and testament, dated, &c., and duly executed and attested, gave 
 and devised all his manors, lands, and hereditaments and other 
 his real estate whatsoever or wheresoever, unto and to the use 
 of Arthur Willington, of, &c., and Edward Ironside, of, &c., 
 their heirs and assigns for ever, upon the trasts in the now 
 stating will declared for the purpose of raising a fund for pay- 
 ment of the debts and legacies of the said testator, and subject 
 thereto upon trust for the said testator's cousin, your petitioner, 
 during his life and after his decease, then upon the further 
 trusts in the same will expressed, but such will contains no 
 power to appoint new trustees. 
 
 a. The said testator died on the : day of without 
 
 haying in anywise altered or revoked his said will. 
 
 3. The said Arthur Willington, on the day of left 
 
 this country for the island of Gibraltar, with the view to per- 
 manent residence there, and he is at present out of the juris- 
 diction of this Court. 
 
 4. Under the circumstances aforesaid your petitioner is 
 desirous that a new trustee should be appointed of the herein- 
 before stated will in the place or stead of the said Arthur 
 Willington who is so out. of the jurisdiction of this Court as 
 aforesaid, and your petitioner proposes that George Smith of 
 &c., should be appointed such new trustee as aforesaid. 
 
 5. Your petitioner believes that the said George Smith is a 
 fit and proper person to be appointed a trustee of the herein- 
 before stated will in the place or stead of the said Arthur 
 Willington, who is out of the jurisdiction of this Court as 
 aforesaid, and he is willing to act as such trustee. 
 
 6. Your petitioner may b© served, &e. 
 
 Your petitioner therefore humbly prays your Lordship 
 that the said George Smith may be appointed a 
 trustee of th* hereinbefore stated will in the stead or 
 place of the said Arthur Willington who is out of the 
 
APPENDIX OF PRECEDENTS. 347 
 
 jurisdiction of this Honourable Court. And that the 
 lands and hereditaments comprised in or devised by 
 the said will may vest in the said George Smith and 
 Edward Ironside, their heirs and assigns, upon the 
 trusts and for the intents and purposes in and by the 
 same will declared of and concerning the same or 
 such of them as are now subsisting or capable of 
 taking effect, or that your Lordship will be pleased to 
 make such other order in the premises as to your 
 Lordship shall seem meet. 
 And your petitioner will ever pray, &o. 
 NoTEi— This petition is intended to be served, &c. 
 
 No. 2d. 
 
 Affidavit as to fitness of person proposed as Trustee. 
 
 In Chancery. 
 
 In the matter of the devised estates of WiUiam 
 
 Eochester, deceased. 
 And in the matter of the Trustee Act, 1850. , 
 We, Henry Chester of, &c., and Mortimer Weston of, &c., 
 make oath and say as follows : 
 
 1. We know and are weU acquainted with George Smith of, &c. 
 
 2. The said George Smith is, in our judgment and to our 
 belief, a fit and proper person to be appointed a trustee of the 
 will of the above named William Eochester. 
 
 Sworn, &c. 
 
 No. 25. 
 
 Consent of new Trustee to Act, if appointed, and of continuing 
 Trustee to act in conju/nction with kirn. 
 
 In Chancery. 
 
 In the matter of the devised estates of WiUiam Eoches- 
 ter, deceased. 
 And in the matter of the Trustee Act, 1850. 
 I, George Smith of, &c., do hereby testify and declare that 
 
348 APPENDIX OF PRECEDENTS. 
 
 I am willing to become and act as trustee of the wiU of the 
 above-named William Rochester, in the place and stead of 
 Arthur Willington, Esquire (who is out of the jurisdiction of 
 the High Court of Chancery), in conjunction with Edward 
 Ironside of, &c., the continuing trustee of the said will, if I am 
 appointed such trustee by the said Court, on the petition of 
 John Pelgrave of, &c., which has been presented to the same 
 Court in the above matter for that purpose ; and I, Edward 
 Ironside, the continuing trustee of the said will, do hereby 
 testify and declare that I am willing to act in the said trust in 
 conjunction with the said -George Smith, if he shall be ap- 
 pointed trustee as aforesaid in the place and stead of the said 
 Arthur Willington. Dated this day of . 
 
 George Smith. 
 Edward Ironside. 
 
 No. 36. 
 Affidavit verifying signatwtes to consent of Trustees. 
 In Chanceey. 
 
 In the matter of the devised estates of WiUiam 
 
 Rochester, deceased. 
 And in the matter of the Trustee Act, 1850. 
 I, Andrew Barrow, of, &c., make oath and say as follows : — 
 
 1. I know and am well acquainted with the handwriting of 
 George Smith of, &c., and Edward Ironside of, &c. 
 
 2. The name George Smith set and subscribed at the foot of 
 the paper writing hereunto annexed, marked with the letter A, 
 is of the proper handwriting of the said George Smith ; and the 
 name Edward Ironside, also set and subscribed at the foot of 
 the said paper writing, is of the proper handwriting of the 
 said Edward Ironside. 
 
 Sworn, &c. 
 
APPENDIX OF PRECEDENTS. 349 
 
 No. 27. 
 Order made in the matter of the Petition for the appointment of 
 
 new Trustee. 
 In Chanceey. 
 
 Lord Chancellor. 
 Vice-Chancellor Stuart. 
 
 In the matter of the devised estates of William 
 
 Bochester, deceased. 
 And in the matter of the Trustee Act, 1850. 
 Upon the petition, &c., this Court doth order that the said 
 George Smith, in the petition named, be appointed a trustee of 
 the will in the said petition stated in the stead or place of the 
 said Arthur WiHington, who is out of the jurisdiction of this 
 Court. And it is ordered that the lands and hereditaments 
 comprised in or devised by the said will do vest in the said 
 George Smith and Edward Ironside, their heirs and assigns, 
 upon the trusts and for the intents and purposes in and by 
 the said will declared of and concerning the same or such of 
 them as are now subsisting or capable of taking effect. 
 
 No. 28. 
 Petition for the appointment of new Trustees jointly with con- 
 tinuing Trustee, and for Vesting Order or Conveyance, do. 
 In Chanceey. 
 
 Lord Chancellor. 
 
 Vice-Chancellor Stuart. 
 In the matter of the trust estate of X. Y., deceased. 
 And in the matter of the Trustee Act, 1850. 
 To the Eight Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of John Cross of, &c. [surviving 
 trustee.] 
 Sheweth as follows : — 
 (Statement.) 
 Your Petitioner, therefore, humbly prays your Lordship 
 that the said A. B. and C. D. may be appointed 
 trustees of the will of the said X. Y., the testator in 
 
350 APPENDIX OF PRECEDENTS. 
 
 the place of the said E. F. and G. H. [deceased 
 trustees] ; and that an order may be made testing' the 
 trust estates, securities, and premises now held upon 
 the trusts of the said will and the right to sue for 
 and recover any debts, shares, or choses in action, 
 forming part of the said trust premises, and the right 
 to transfer the said sum of — — I. 31. per cent, con- 
 solidated bank annuities, now standing in the names 
 of the said E. F. and G. H. [deceased trustees] and 
 
 your petitioner, and the sum of 1, like annuities 
 
 now standing in the name of your petitioner, in your 
 petitioner and the said A. B. and C. D. [new trustees], 
 upon and subject to the trusts by the said wiU expressed 
 concerning the same respectively, or such of the same as 
 are now subsisting or capable of taking effect, or that 
 your petitioner may be ordered to convey, assign, and 
 • transfer the trust estates,i premises, and securities 
 vested in him by the said wiU, and the said several 
 sums of bank annuities lastly hereinbefore mentioned,- 
 so as to vest the same in himself and the said A. B. 
 and 'C. D. [new trustees], jointiy upon the trusts by 
 the said will expressed concerning the same, or such 
 of them, &c. ; and that your petitioner maybe ordered 
 to deliver over to himself and the said A. B. and 
 C. D. [new trustees] all deeds and writings in his 
 custody, or power relating to the said trust estate, 
 and to apply the said sum of -I. cash in part pay- 
 ment of the costs, charges, and expenses hereinafter 
 mentioned, and that your petitioner and the said 
 A. B. and C. p. [new trustees] may be directed to seU 
 
 so much of he said 1. 3Z.per cent, consolidated bards; 
 
 annuities, when trfinsferred into their names as afore- 
 said, as will be sufficient to raise two several sums of 
 601. each, and the balance, after the application of the 
 said sum of 1, cash, of the costs, charges, and ex- 
 penses of your petitioner, and all other proper parties 
 of and connected •with this application, anti the 
 carrying out of the order to be made hereon, and 
 
APPENDIX OF PRECEDENTS. 351 
 
 otherwise, vesting the said trust premises as herein- 
 before prayed, including therein any costs, charges, 
 and expenses properly incurred by your petitioner in 
 relation, to the trust premises, and thereout to pay the 
 sum of 501. to each of them the said A, B. and C. D. 
 ln,ew trustees], as suph new trustees as aforesaid, in 
 pursuance of the directions contained in the said will, 
 and also to retain and pay the said costs, .charges, and 
 expenses, the same to be taxed by the proper taxing- 
 master ; or that your Lordship wiU be pleased to make 
 such other o«der in the premises as to your Lordship 
 may seem meet. 
 And yoiu* petitioner will ever pray, &c, 
 Note. — This petition is intended to be served, &c. 
 
 No. 29. 
 
 Petition for the Appointment of New Trustees and for an Order 
 vesting in them the Trust Estate, including Mortgage and 
 Bond Debts, and the. right, to transfer Stock. 
 In Chanceet. 
 
 Master of the Rolls. 
 
 In the matter of the Trusts of the WiHof S. N., 
 
 deceased. ' 
 
 And in the matter of the Trustee Act, 1850. 
 To the Eight Honourable the Master of the EoUs. 
 
 The humble Petition of J. D., of, &c. {tenant for life). 
 
 Sheweth as follows : — 
 
 1 to 7. {General facts of case.) 
 ; 8. The said E.,N. and X. Y. have not acted as trustees of 
 the wUl of the said S. N., and they are unwiUiag to accept or 
 act in the trusts thereof, and your petitioner is desirous that 
 some proper persons should be appointed trustees of the 
 property held upon the trusts of the said will of the said S. N. 
 in tiieir place; but the said will of the said S. N: contains no 
 power or authority for the appointment of new trustees, and no 
 valid appointment of trustees can therefore be made, except 
 under the direction of this Court. 
 
352 APPENDIX OF PRECEDENTS. 
 
 9. Under the circumstances aforesaid it has become 
 expedient that trustees of the property held upon the trusts of 
 the will of the said S. N. should be appointed by this Court 
 in the place or stead of the said E. N. and X. Y. 
 
 10. A. B. of, &c., and C. D. of, &c., are fit and proper 
 persons to be appointed trustees of the said property in the 
 place or stead of the said E. N. and X. Y., and the said A. B. 
 and C. D. are willing to accept such appointment and 
 undertake the said trust, should they be appointed by this 
 Honourable Court. 
 
 11. Your Petitioner may be served, &c. 
 
 Your petitioner therefore humbly prays your Lordship 
 that the said A. B. and C. D. may be appointed by 
 this Court trustees of the trust estate, securities, and 
 premises held upon the trusts of the said will of the 
 said S. N., in the place or stead of the said E. N. and 
 X. Y. And that an order may be made vesting the 
 said trust estate, securities, and premises now held 
 upon the trusts of the said wiU, and the right to sue 
 for and recover the said mortgage and bond debts, and 
 the right to transfer the said sum of 500Z. 31. per 
 cent, consolidated bank annuities, in the said A. B. 
 and C. D., upon and subject to the trusts by the said 
 will expressed concerning the same, or such of them 
 as are now subsisting and capable of taking effect. 
 And that the costs of your petitioner and of all other 
 parties of and incidental to this application and of the 
 order to be made hereon, may be taxed by the proper 
 taxing-master as between solicitor and client, and 
 that the same when taxed may be raised and paid by 
 the trustees of the said trust property out of the 
 corpus thereof. And that, for the purposes aforesaid, 
 all proper and necessary directions may be given ; or 
 that your Lordship will be pleased to make such other 
 order in the premises as to your Lordship shall seem 
 meet. 
 
 And your petitioner will ever pray, &c. 
 Note. — This petition is intended to be served, &c. 
 
APPENDIX OF PRECEDENTS. 353 
 
 No. 30. 
 
 Petition for the Appointment of New Trustees, and for an Order 
 vesting in them the Real and Personal Estate of the 
 Testator. 
 
 In Csanceet. 
 
 Lord Chancellor. 
 
 Vice-ChanceUor Wood. 
 
 In the matter of the trusts of the will of Walter 
 
 Foljambe, deceased. 
 And in the matter of the Trustee Act, 1850. 
 
 To the Eight Honourable the Lord High Chancellor of 
 Great Britain. 
 
 The humble petition of Samuel Lingard, of, &c. {tenant 
 for life), 
 Sheweth as follows : — 
 
 1 to 5. {Statements of will, <&c., and the general facts of the 
 case.) 
 
 6. It is expedient and your petitioner is desirous that new 
 trustees of the said trust estate should be appointed in the 
 place of the said William Jones, deceased, and of the said 
 J. Smith, who is so desirous of being discharged as aforesaid, 
 but the said will contains no power for the appointment of new 
 trustees, and no valid appointment of trustees can therefore 
 be made except under the direction of this Honourable Court. 
 
 7. Anthony Stourton, of, &c., and Henry Brown, of, &c., are 
 fit and proper persons in every respect to be appointed trustees 
 of the real and personal estate held upon the trusts of the said 
 will of the said testator, and they are willing to accept of such 
 appointment and undertake the said trusts. 
 
 8. Your petitioner may be served, &c. 
 
 Your petitioner, therefore, humbly prays your Lordship 
 that the said Anthony Stourton and Henry Brown 
 may be appointed by this Honourable Court to be 
 trustees of the real and personal estate subject to the 
 trusts of the said wiU of the said testator, Walter 
 Foljambe, and in the place and stead of the said 
 William Jones, deceased, and of the said J. Smith, 
 
354 APPENDIX OF PRECEDENTS. 
 
 SO desirous of being discharged as aforesaid ; and that 
 it may be ordered that the real and peirsonal estate, 
 now subject to the trusts of the said will, and the 
 right to sue for and recover the said mortgage debts, 
 may vest in the said new trustees, when appointed, 
 to be held by them upon and subject to the trusts by 
 the said will expressed concerning the same ; and that 
 the costs of your petitioner, and of all other parties of 
 and incidental to this petition, and the order to be 
 made hereon, may be taxed by the proper taxing- 
 master of this Honourable Court, and that the same, 
 when taxed, may be raised and paid by the trustees 
 of the said estate and effects out of the corpus of the 
 said trust property. And that for the purposes aforesaid, 
 all proper and necessary directions may be given, or 
 that your Lordship will be pleased to make such 
 other order in the premises as to your Lordship shall 
 seem meet. 
 And your petitioners will ever pray, &c. 
 Note. — This petition- is intended to be served, &c. 
 
 No. 31. 
 
 Petition for a Party, to convey in the name of an Infant, wider 
 
 the Trustee Act, 1850. 
 In Chancery. 
 
 Lord Chancellor. 
 
 Vice -Chancellor Stuart. 
 
 In the matter of the Blackacre estate. 
 And in the matter of the Trustee Act, 1850. 
 To the Bight Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of Arthur Warner, of, &c. {pur- 
 chaser), 
 Sheweth as follows : — 
 
 1 to 9. {General facts of case.) 
 
 10. Under the circumstances aforesaid, your petitioner is 
 advised that the said infant is a trustee of his estate and 
 
APPENDIX OF PRECEDENTS. 355 
 
 interest in the lands and hereditaments comprised in the said 
 contract, within the intent and meaning of the Trustee Act, 
 1850 ; and that it is requisite that some proper person should be 
 appointed by this Honourable Court to conyey, by the direction 
 of your petitioner, in the place of the said infant, his estate and 
 interest in the said lands and hereditaments to your petitioner 
 as such purchaser as aforesaid, or as your petitioner shall 
 direct. 
 
 11. Jeremy Taylor, of, &c., is a fit person to convey the said 
 lands and hereditaments in the place of the said infant. 
 
 12. Your petitions may be served, &c. 
 
 Your petitioner, therefore, humbly prays your Lordship 
 that it may be declared by this Honourable Court 
 that the said infant James Porter is a trustee of his 
 estate and interest in the lands and hereditaments 
 comprised in the said contract within the intent 
 and meaning of the Trustee Act, 1850 ; and that 
 Jeremy Taylor, of, &c., may be ordered to convey, by 
 the direction of your petitioner, in the place of the 
 said infant, the said hereditaments and premises com- 
 prised in the said contract for all the estate and 
 interest of the said infant therein unto your peti- 
 tioner, his heirs, and assigns, or as your petitioner 
 may direct, or that your Lordship will be pleased to 
 make such other order in the premises as to your 
 Lordship shall seem meet. 
 And your petitioner wiU ever pray, &c. 
 Note. — This petition is intended to be served, &c. 
 
 No. 32. 
 Petition by Mortgagor for Vesting Order of Lands where 
 Mortgagee has died intestate and without an Heir. 
 In Chancery. 
 
 Lord Chancellor. 
 
 Vice-Chancellor Wood. 
 
 In the matter of WiUiam Tomkins, a deceased mort- 
 gagee. 
 
 A A 2 
 
356 APPENDIX OF PRECEDENTS. 
 
 And in the matter of the Trustee Act, 1850. 
 
 To the Eight Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of Arthur Eodbum, of, &c., 
 Sheweth as follows : — 
 
 1. Your petitioner being seised in fee simple of an estate 
 called Whiteacre, situate in the parish of Homerton, in the 
 
 county of Hertford, did, by indenture dated the day of 
 
 • , and made between your petitioner of the one part, and 
 
 the above-named WiUiam Tomkins of the other part, grant and 
 convey unto the said WiUiam Tomkins aU that estate called 
 Whiteacre, situate in the parish of Homerton, in the county of 
 Hertford, and the appurtenances ; to hold the same unto the 
 said William Tomkins, his heirs and assigns for ever, subject 
 nevertheless to a proviso for redemption and reconveyance of 
 the said estate, on payment by your petitioner, his heirs, exe- 
 cutors, administrators, or assigns unto the said William Tom- 
 kins, his executors, administrators, or assigns, of the sum of 
 
 lOOOi. on the day of then next, with interest at the 
 
 rate of 61. per cent, per annum. 
 
 3. The said William Tomkins died on the day of , 
 
 intestate and without issue, and without having entered into 
 the possession or into the receipt of the rents and profits of 
 the said mortgaged premises. 
 
 3. The said William Tomkins was illegitimate, and therefore 
 died without an heir. 
 
 4. On the day of , letters of administration of the 
 
 goods, chattels, credits, and effects of the said William Tomkins 
 were granted to Mary Tomkins, his widow, by and out of the 
 principal registry of Her Majesty's Court of Probate. 
 
 5. Your petitioner has paid to the said Mary Tomkins, as such 
 administratrix as aforesaid, the sum of 1056Z. 13s. 6d., being 
 the amount of principal money and interest due and owing in 
 respect of the hereinbefore stated indenture of mortgage, and 
 a receipt for such amount, signed by the said Mary Tomkins, 
 has been indorsed on the same indenture. 
 
 6. Your petitioner is desirous that the legal estate in the 
 said mortgaged hereditaments, so outstanding as aforesaid, may 
 
APPENDIX OF PRECEDENTS. 357 
 
 be vested in your petitioner under the provisions in that behalf 
 contained in the above-mentioned Act. 
 7. Your petitioner may be served, &c. 
 
 Your petitioner, therefore, humbly prays your Lordship, 
 that the lands and hereditaments comprised in the 
 hereinbefore stated indenture of mortgage, dated the 
 
 day of , may vest in your petitioner, his 
 
 heirs and assigns, or that your Lordship will be 
 pleased to make such other order in the premises as 
 to your Lordship shall seem meet. 
 And your petitioiler will ever pray, &c. 
 Note. — This petition is intended to be served, &c. 
 
 No. 33. 
 Petition under the Infant Settlement Act, 
 In Chancery. 
 
 Lord Chancellor. 
 
 Vice-Chancellor Kindersley. 
 
 In the matter of James Cumber, an infant. 
 And in the matter of an Act of the 18th and 19th 
 years of the reign of her present Majesty, intituled 
 " An Act to enable infants, with the approbation 
 of the Court of Chancery, to make binding settle- 
 ments of their real and personal estate on mar- 
 riage." 
 To the Eight Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The himible petition of James Cumber, an infant, by 
 Edward Cumber, of, &c., his father and next friend, 
 
 Sheweth as follows : — 
 
 1. By indenture, dated the day of , and made, &c., 
 
 (and being the settlement made previously to the marriage of the 
 said Edward Cumber and Sarah his wife, the father and mother 
 of your petitioner), the sum of 10,000?. Zl. per cent, consoli- 
 dated bank annuities, which had that day been transferred into 
 the names of the said A. B. and CD. [trustees], or other the 
 
358 APPENDIX OF PRECEDENTS. 
 
 stocks, funds, or securities in or upon which the same might 
 be invested, became settled upon the trusts in the now reciting 
 indenture expressed, for the sole and separate use of the said 
 Sarah Cumber during her life, and after her decease then upon 
 trust for the said John Cumber during his Hfe, and after the 
 decease of the survivor of the said John Cumber and Sarah 
 his wifej then upon trust for the child, grandchild, or other 
 issue, or all, or any one or more of the children, grand- 
 children, or other issue of the said marriage, according to the 
 joint appointment of the said John Cumber and Sarah his wife> 
 and after the decease of either of them, then according to the 
 appointment by deed or will of the survivor, and in default of 
 and subject to every or any such appointment, then it was 
 declared that the said trustees should stand possessed of the 
 said sum of 10,000Z. 31. per cent, consolidated bank annuities, or 
 other the stocks,funds, and securities in and upon which the same 
 might be invested upon trust for the child, if only one, or all 
 the children, if more than one, of the marriage of the said John 
 Cumber and Sarah his wife, who respectively being a son or 
 sons should attain the age of 21 years, or die under that age, 
 leaving surviving issue, or being a daughter or daughters, should 
 attain that age or be previously married. 
 
 2. The marriage between the said John Cumber and Sarah 
 his wife was duly solemnised soon after the execution of the 
 said indenture of settlement, and there has been issue of such 
 marriage one child only, namely, your petitioner, who is of 
 the age of 20 years. 
 
 3. A marriage has, with the sanction and approbation of the 
 said John Cumber, your petitioner's said father, been lately 
 agreed upon, and is intended to be very shortly had and solem- 
 nised between your petitioner and Florence Buckingham, the 
 second daughter of Alfred Buckingham, of, &c., esquire. 
 
 4. Upon the treaty for the said intended marriage it was 
 arranged and agreed that the said sum of 10,000Z. 81. per cent, 
 consolidated bank annuities should, previously to the solem- 
 nisation of the said intended marriage, be assigned and settled 
 and become subject to the trusts of an indenture of settlement, 
 the terms and provisions whereof have been fully considered 
 
APPENDIX OF PRECEDENTS. 359 
 
 and discussed, and, subject to the approbation of this Court, 
 agreed on by the intended parties to such indenture. 
 
 6. The draft of an indenture of settlement, embodying such 
 terms and provisions, has been drawn, and perused, and approved 
 of by Counsel on behalf of your petitioner, and your petitioner 
 is desirous that the same should be finally settled and approved 
 by and under the direction of the Court, and that your peti- 
 tioner should, under the provisions of tilie above-mentioned Act, 
 with the sanction and approbation of the Court, previously to 
 his said intended marriage, make and execute a valid and bind- 
 ing settlement of his saad property. 
 6. Your petitioner may be served, &c. 
 
 Your petitioner, therefore, humbly prays your Lordship, 
 that it may be referred to the Chambers of his 
 Honour the Vice- Chancellor Kindersley to approve 
 of what is a proper settlement to be made by your 
 petitioner of his property previously to his said 
 intended marriage with the sai4 Florence Bucking- 
 ham, and that your petitioner may be at liberty and 
 be directed to execute such settlement, after the same 
 shall have been duly approved and settled by or under 
 the direction of this Honourable Court, or that your 
 Lordship vrill be pleased to make such other order in 
 the premises as to your Lordship shall seem meet. 
 And your petitioner will ever pray, &c. 
 Note.— This petition is intended to be served, &c. 
 
 No. 34. 
 
 Petition under Settled Estates' Act for fower to lease certain 
 Hereditaments for 21 years. 
 
 In Chancbey. 
 
 Lord Chancellor. 
 
 Vice- Chancellor Stuart. 
 
 In the matter of an Act made and passed in the 19th 
 and 30th years of the reign of her present 
 
360 APPENDIX OF PRECEDENTS. 
 
 Majesty, intituled "An Act to facilitate leases 
 and sales of settled estates." 
 t' And in the matter of, &c., held upon the trusts of the 
 
 will of Edmund Samson, deceased. 
 To the Right Honourahle the Lord High Chancellor of Great 
 Britain. 
 
 The humhle petition of Lionel Broughton, of, &c., 
 {tenant for life), 
 Sheweth as follows : — 
 
 1 to 6. {Introductory statements.) 
 
 7. Inasmuch as the will of the said Edmund Samson contains 
 no power for granting leases of the property thereby devised, 
 a lease of the said hereditaments devised to the said A. B. and 
 C. D. {trustees) as such trustees as aforesaid for the term and 
 in manner aforesaid can only be effectually made by this 
 Honourable Court. 
 
 8. No application to Parliament has ever been made to effect 
 the object of this application or any similar object. 
 
 9. Your petitioner may be served with any order of the 
 Court, or notice relating to the subject of this petition at the 
 office of, &c. 
 
 Your petitioner, therefore, humbly prays your Lordship that 
 the said A. B. and C. D. {trustees) as such trustees 
 as aforesaid may be ordered to execute a lease to the 
 said G. H. of the said messuages and premises, 
 situate, &c., for a term of 21 years, at the rent of 
 
 1, per annum, and that such lease may be settled 
 
 in the chambers of the Judge to whose court this 
 matter is attached, or that your Lordship will be 
 pleased to make such other order in the premises as 
 to your Lordship shall seem meet. 
 
 And your petitioner will ever pray, &c. 
 Note. — This petition is intended to be served, &c. 
 
APPENDIX OF PEECEDENTS. 361 
 
 No. 35. 
 
 Petition under Settled Estates' Acts for power to grant Building 
 
 Lease. 
 
 In Chanceet. 
 
 Lord Chancellor. 
 
 Vice-Chancellor Kindersley. 
 
 In tlie matter of an Act made and passed in the 
 19th and 20th years of the reign of her present 
 Majesty, intituled " An Act to facilitate leases 
 and sales of settled estates." 
 And in the matter of an Act made and passed in the 
 21st and 23nd, &c., intituled " An Act to amend 
 and extend the Settled Estates Act of 1856." 
 And in the matter of a freehold estate csQled White- 
 acre, situate, &c., devised hy the will of WiQiam 
 Brown, late of, &c., deceased. 
 To the Eight Honourahle the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of John Eobinson, of, &c., {teiiant 
 for life), 
 
 Sheweth as follows : — 
 
 1 to 7. (Statements — of will of testator — of agreement to 
 grant lease — that the will contained no power authorising 
 leases to be granted for a period exceeding 99 years — that rent 
 reserved by said agreement fair, and terms and conditions 
 thereof fit and proper — custom of district to grant building 
 leases for 150 years — that lessees had erected two hotlses, and 
 expended lOOOZ. — that it was beneficial to inheritance that lease 
 should be granted in conformity with terms of agreement.) 
 
 8. No application to Parliament, &c., (as in last form). 
 
 9. Your petitioner appoints the office of, &c., as the place 
 where he may be served with, &c. 
 
 Your petitioner, therefore, humbly prays your Lordship 
 that this Honourable Court will be pleased to authorise 
 a lease of the said estate called Whiteacre, consisting 
 of the quantities and particulars hereinbefore men- 
 
362 APPENDIX OP PEECEDENTS. 
 
 tioned, for the term of 150 years, commencing, &c.,to 
 be granted to the said A. B. and C. D., their executors, 
 administrators, and assigns, at and under the yearly 
 rent of, &c., {according to agreement), and under and 
 subject to the provisoes, covenants, and conditions 
 hereinbefore mentioned, and that your petitioner as 
 the tenant in possession of the said estate may be 
 directed to execute the said lease as the lessor thereof. 
 And that for the above purposes, and in reference to 
 the settling of such lease, all proper directions may be 
 given, or that your Lordship will be pleased to 
 make such other order in the premises as to your 
 Lordship may seem meet. 
 And your petitioner will ever pray, &c. 
 Note. — This petition is intended to be served, &c. 
 
 No. 36. 
 
 Petition of Infants under Settled Estates' Acts for authority 
 (particular and general) to lease Stone, de. 
 
 In Chanceey. 
 
 Lord Chancellor. 
 
 Vice- Chancellor Wood. 
 
 In the matter of an Act made and passed in the 19th 
 and 20th years of the reign of her present Majesty, 
 intituled " An Act to facilitate leases and sales 
 of settled estates." 
 
 And in the matter of an Act made and passed in the 
 21st and 22nd years of the reign of her present 
 Majesty, intituled " An Act to amend and extend 
 the Settled Estates Act of 1856." 
 
 And in the matter of a copyhold estate situate and 
 
 . being at , in the county of , comprised 
 
 in the settlement dated, &c., made on the marriage 
 of James Congreve and Mary Styles, both since 
 deceased. 
 
APPENDIX OF PRECEDENTS. 363 
 
 To the Right Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of Edward Congreve and Adelaide 
 Congreve, both of, &c., infants under the age of 21 
 years, by Edward Wingfield, of, &c., their special 
 guardian appointed for the purposes of this petition, 
 Sheweth as follows : — 
 
 1 to 10. {Statements of general facts and of conditional 
 agreement to lease certain stone to John Smith.) 
 
 11. It has been ascertained, as the fact is, that there is, 
 other than and besides the stone and earth the subject of the 
 said conditional agreement, building stone, brick, earth, and 
 other minerals under various parts of the said copyhold 
 premises, and it is very desirable, and for the benefit of aU 
 parties interested, that a general power of leasing under the 
 provisions of the above-mentioned Acts should be conferred 
 upon the said WiUiam Brown and Samuel Robinson, {the 
 trustees of the settlement). 
 
 12. The said settlement does not contain any power autho- 
 rising leases of any earth, coal, stone, or mineral. 
 
 13. No application to Parliament has been made to effect the 
 object of this application or any similar object. 
 
 14. Your petitioners appoint the office of, &c., as the place 
 where they may be served with any order or notice relating to 
 the subject of this petition. 
 
 Your petitioners, therefore, humbly pray your Lordship 
 that this Honourable Court will be pleased to 
 - authorise a lease of the stone in the lands coloured, 
 &c., on the plan in the said agreement of, &c., men- 
 tioned, to be granted to the said John Smith, for the 
 term of years, and at and under the rents and subject 
 to the provisoes and conditions mentioned or referred 
 to in the said agreement, and with liberty as aforesaid 
 to the lessee to use surplus earth as provided by the 
 said agreement. And that the said William Brown 
 and Samuel Robinson, as such trustees as aforesaid, 
 may be directed to execute the said lease as the 
 lessors of the said premises, and that a general 
 
364 APPENDIX OP PRECEDENTS. 
 
 power of leasing any stone, earth, or other mineral 
 conformahly to the above-mentioned Acts, or after 
 either of your petitioners shall have attained the age 
 of twenty-one years, then of the share of the other of 
 your petitioners in such stone, earth, or other mineral 
 may be vested in the said William Brown and Samuel 
 Robinson as such trustees as aforesaid. And that for 
 the above purposes, and in reference to the settling of 
 the said lease so to be authorised as aforesaid, and of 
 any other leases to be granted by the said WiUiam 
 Brown and Samuel Eobinson, of any stone, earth, or 
 other mineral in or upon the said estate, or any part 
 thereof, aU proper directions may be given, or that 
 your Lordship will be pleased to make such other 
 order in the premises as to your Lordship shall seem 
 meet. 
 And your petitioners will ever pray, &c. 
 Note. — This petition is intended to be served, &c. 
 
 No. 37. 
 Petition under the Settled Estates' Act for Sale of Lands. 
 In Chancery. 
 
 Lord Chancellor. 
 
 Vice-Chancellor Kindersley. 
 
 In the matter of an Act of the 19th and 30th Vict. 
 c. 130, intituled, " An Act to facilitate leases and 
 sales of settled estates." 
 And in the matter of certain estates devised by the 
 will of Watson Ingle, esquire, deceased. 
 To the Eight Honourable the Lord High Chancellor of Oreat 
 Britain. 
 
 The humble petition of William Goring, of, &c., 
 Sheweth as follows : — 
 
 1. Watson Ingle, late of, &c., deceased, being at the time of 
 the date and execution of his hereinafter recited last wiU and 
 testament, and thenceforth until his decease, seised in fee 
 simple of an estate called Blackacre, situate in the parish of 
 
APPENDIX OF PRECEDENTS. 365 
 
 Sunningdean, in the county of Kent, and of divers detached 
 pieces or parcels of land in the county of Essex, did, hy his 
 
 said last will and testament, dated the day of , and duly 
 
 executed and attested, give and devise unto his nephew, your 
 petitioner, all that his (the testator's) said estate, called Black- 
 acre, situate in the parish of Sunningdean, in the county of 
 Kent, and also all other his real estate whatsoever or where- 
 soever, to hold the same unto your petitioner during his 
 natural life, with remainder to the first and other sons of your 
 petitioner in tail male with remainder to the right heirs of the 
 said testator for ever. « 
 
 .2. The said testator died on the day of , leaving your 
 
 petitioner his heir-at-law, and without having in anywise altered 
 
 or revoked his said will, and the same was, on the day of 
 
 , proved in the principal registry of Her Majesty's Court 
 
 of Probate. 
 
 3. The said testator's real estate consists of the said estate 
 called Blackacre, situate in the parish of Sunningdean, in the 
 county of Kent, and of divers detached pieces or parcels of 
 
 land, situate in the several parishes of and , in 
 
 the county of Essex. - 
 
 4. Your petitioner is now in possession or in receipt of 
 the rents and profits of the said estate called Blackacre, 
 and of the said several detached pieces or parcels of land 
 as tenant for life under the hereinbefore stated will. 
 
 5. Your petitioner has male issue Arthur Goring, his first 
 or eldest son, who is an infant, and several other sons. 
 
 6. The said pieces or parcels of land in the parishes of 
 
 , , and , in the county of Essex, are very inconveniently 
 
 situated with reference to the said estate called Blackacre, and 
 your petitioner has been advised that if the said pieces or 
 parcels of land were put up for sale by public auction the 
 same would be purchased at more than their full value by the 
 adjoining proprietors, but inasmuch as the hereinbefore stated 
 will contains no power of sale the said hereditaments cannot 
 be sold without the intervention of this Honourable Court. 
 
 7. Your petitioner believes that it would be for the benefit 
 of the person or persons who may become entitled in re- 
 
366 APPENDIX OF PRECEDENTS. 
 
 mainder under the limitation contained in the hereinbefore 
 stated will that the said pieces or parcels of land, so situate 
 as aforesaid, should be sold, and that the monies to arise from 
 such sale should be paid iato this Honourable Court, and 
 invested in the purchase of 3J. per cent, consolidated bank 
 annuities until a favourable opportunity shall arise for the 
 reinvestment of the same in the piirchase of land adjoining or 
 near to the said estate called Blackacre, or convenient to be 
 held therewith. 
 
 8. No application has been made to Parliament to effect the 
 object of this application or any similar object. 
 
 9, Your petitioner may be served, &c. 
 
 Your petitioner, therefore, humbly prays your Lordship that 
 the said several pieces or parcels of land situate in 
 
 the parishes of and , in the county of Essex, 
 
 may forthwith be sold by and under the direction of 
 this Honourable Court, and that the clear monies to 
 arise from such sale, after deducting the necessary 
 expenses, may be paid into the Bank of England to 
 the account of the Accountant- General of this Honour- 
 able Court, to the credit of your petitioner in the 
 matter of the above-mentioned Act. And that it may 
 be referred to the taxing-master in rotation of this 
 Honourable Court, to tax the costs of your petitioner, 
 and all other necessary parties, of and incidental to 
 this petition, and the order to be made thereon, and 
 that such costs when so taxed may be directed to be 
 paid put of the said monies in Court, and that the 
 residue thereof may be invested in 3Z. per cent, con- 
 solidated bank annuities, and the dividends of the 
 same paid to your petitioner during his life, or until 
 the further order of this Honourable Court. And 
 that for the several purposes aforesaid aU proper 
 directions may be given, or that your Lordship will 
 be pleased to make such other order in the premises 
 as to your Lordship may seem meet. 
 And your petitioner will ever pray, &c. 
 Note. — This petition is intended to be served, &c. 
 
APPENDIX OF PRECEDENTS. 367 
 
 No. 38. 
 Notice of Motion wider 6 Anne, c. 18, for Production of 
 Cestuis que vie. 
 In Chancket. 
 
 In the matter of William Stokes, a tenant pitr autre vie. 
 And in the matter of an estate called Blackacre, 
 situate in the county of Sussex, comprised in a 
 certain indenture of lease, dated the 30th day of 
 November, 1821. 
 And in the fiiatter of an Act of the 6th year of the 
 reign of her late Majesty Queen Anne, intituled 
 "An Act for the more effectual discovery of 
 the death of persons pretended to be alive, to 
 the prejudice of those who claim estates after 
 their deaths." 
 
 Take notice that on the day of next, or so soon 
 
 after as counsel can be heard, this Honourable Court will be 
 
 moved before Vice-Chancellor Wood, by Mr. , as counsel 
 
 for John Cousens, of, &c. (who claims to be entitled in reversion 
 to the above-mentioned estate called Blackacre), that the above- 
 named William Stokes be ordered on the day of 
 
 next, provided the order of this Court for that purpose be 
 served upon him ten clear days previously, to produce and 
 show, at the door of the parish church of St. Peter, Liverpool, 
 between the hours of eleven in thex forenoon and one in the 
 
 afternoon, to James , of Liverpool, esquire, and WiUiam 
 
 , of the same place, gentleman, EHzabeth Ireland, widow, 
 
 Jane Ann Galway, spinster, and Elizabeth Galway, spinster, 
 the persons named in the above-mentioned lease of the 30th 
 day of November, 1831, or one or more of them. 
 
 Yours, &c. 
 To, &c. 
 
368 APPENDIX OF PRECEDENTS. 
 
 No. 39. 
 Affidavit in support of preceding Motion. 
 In Chanceet. 
 
 In the matter of WiUiam Stokes, a tenant pur 
 
 autre vie. 
 And in the matter of an estate called Blackacre, com- 
 prised in a certain indenture of lease dated the 
 30th day of November, 1821. 
 And in the matter of an Act of the 6th year of the 
 reign of her late Majesty, Queen Anne, intituled 
 " An Act for the more effectual discovery of the 
 death of persons pretended to he ahve, to the 
 prejudice of those who claim estates after their 
 deaths." 
 I, John Cousens, of, &c., make oath and say as follows : — 
 
 1. Edward Cousens, late of, &c., esquire, my deceased uncle, 
 being seised in fee simple of a certain estate, called Blackacre, 
 situate in the county of Sussex, did, by indenture dated the 
 30th day of November, 1831, and made between him the said 
 Edward Cousens of the one part, and William Stokes, of, &c., 
 farmer, of the other part, grant and demise unto the said 
 William Stokes, all that estate called Blackacre, situate and 
 being in the parish of Cromorton, in the county of Sussex, and 
 the appurtenances, to hold the same unto the said William 
 Stokes, his heirs and assigns, during the lives of Elizabeth 
 Ireland, widow, Jane Ann Galway, spinster, and Elizabeth 
 Galway, spinster, and the life of the longest lives of them, 
 subject to the payment of the rent, and to the observance and 
 performance of the covenants and conditions in and by the said 
 indenture reserved or contained. 
 
 2. The said Edward Cousens, by his last wiU and testament, 
 dated the 6th day of June, 1850, and duly executed and attested, 
 gave and devised unto myself, my heirs and assigns, aU that 
 the said estate called Blackacre, subject however to the said 
 indenture of lease of the 30th day of November, 1821. 
 
 3. The said Edward Cousens died on the 2nd day of 
 January, 1852, without having in anywise altered or revoked 
 his said will, and the same was proved in the Prerogative Court 
 
APPENDIX OF PRECEDENTS. 369 
 
 of the Archbishop of Canterbury, on the 4th day of April, 
 1862.' 
 
 4. I have been informed that the said Elizabeth Ireland, 
 Jane Ann Galway, and Elizabeth Galway, the persons named in 
 the said indenture of lease, are all dead, but the said WUliam 
 Stokes has concealed such deaths, and alleges that the said 
 persons, or some or one of them, are, or is, still alive. 
 
 5. The several statements contained in paragraphs 1, 2, and 
 3, are made on my own knowledge as such devisee under my 
 said uncle's will as aforesaid ; and the statement contained in 
 paragraph 4 is made fiom information I have received from 
 several of the inhabitants of the said parish of Cromorton. 
 
 Sworn, &c. 
 
 No. 40. 
 Petitipn by Legatee, late an Infant, for Payment of Legacy, 
 In Chanceet. 
 
 Lord Chancellor. 
 
 Vice- Chancellor Stuart. 
 
 In the matter of Flora BCarding, an infant legatee. 
 And in the matter of an Ax;t of Parliament made and 
 passed in the 36th year of the reign of his late 
 Majesty King George III, inti.;uled "An Act 
 for regulating certain duties on legacies and 
 shares of personal estates, and for granting other 
 duties thereon in certain cases." 
 To the Eight Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of Flora Harding, of, &c., spinster, 
 Sheweth as follows : — 
 1. Susanna Clinton, late of, &c., spinster, deceased, by her 
 
 last will and testament, dated the day of , after giving 
 
 divers legacies therein mentioned, gave and bequeathed to each 
 of her grand-nephews and nieces, sons and daughters of her 
 nieces Clara Hopkins, Ann Sissons, and Mary Burton, and of 
 her nephew Jonathan Stourton, the sum of 500^, sterling. And 
 
370 APPENDIX OF PRECEDENTS. 
 
 the said testatrix thereby appointed her brother, John Clinton, 
 executor of her said will. 
 
 2. The said will of the said testatrix was proved by the said 
 John Clinton, in the Prerogative Court of the Archbishop of 
 Canterbury, on the day of . 
 
 3. Your petitioner is the daughter of Clara, the wife of 
 George Hopkins, which said Clara is a niece of the said testa- 
 trix, and is the same person as is named in the said will of the 
 said testatrix as her niece, Clara Hopkins, and your petitioner 
 is a grand-niece of the said testatrix, and entitled to a legacy of 
 500Z. under her said will. 
 
 4. In pursuance of the provisions of the above-mentioned 
 Act of Parliament, the said John Clinton paid into the bank, in 
 the name and with the privity of the Accountant-General of 
 this Honourable Court, to " The account of Flora Harding, 
 she being an infant legatee," the sum of 485Z., being the amount 
 of the said legacy of 6001. bequeathed to your petitioner as 
 aforesaid, after deducting the sum of 15J., the duty chargeable 
 thereon. And such sum has since been laid out by the said 
 Accountant-General, as directed by the said Act, in the purchase 
 of 484Z. 7s. lOd. bank 31. per cent, annuities ; and the dividends 
 which have accrued thereon amount to the sum of 98i!. 15s. 2d. 
 cash. 
 
 5. Your petitioner was bom on the day of , and 
 
 attained her age of 31 years on the day of . 
 
 6. There is now standing in the name of the Accountant- 
 General of this (!3ourt, in trust to the credit of " The account 
 of Flora Hardijig, she being an infant legatee," the sum of 
 484Z. 7s. lOd. bank 31. per cent, annuities, and the sum of 
 981. 15s. 2d. cash. 
 
 7. Your petitioner may be served, &c. 
 
 Your petitioner, therefore, humbly prays your Lordship 
 that it may be referred to the proper taxing-master of 
 this Court to tax your petitioner her costs of this 
 application, and consequent thereon, as between 
 solicitor and client, and that such costs, when so 
 
 taxed, may be paid to Mr. , your petitioner's 
 
 solicitor, out of the sum of 981. 15s. 2d. cash, in the 
 
APPENDIX OF PRECEDENTS. 371 
 
 bank to the credit of " The accoimt of Flora Har- 
 4 ding, she being an infant legatee," and that the 
 484Z. 7s. lOd. bank 81. per cent, annuities standing in 
 the name of the Acconntant-General of this Court in 
 trust to " The Account of Flora Harding, she being 
 an infant legatee," and any dividends that may accrue 
 thereon previous to the transfer thereof hereby prayed, 
 together with the residue of the aforesaid sum of 
 98Z. 15s. Zd. cash, which will remain after payment 
 thereout of the aforesaid costs (the amount of such 
 residue to be certified by the said taxing-master), may 
 be respectively transferred and paid to your petitioner, 
 with the usual directions for that purpose, or that 
 your Lordship will be pleased to make such further 
 or other order in the premises as to your Lordship 
 shall seem meet. 
 And your petitioner vyill ever pray, &c. 
 NoiE. — This petition is intended to be served, &c. 
 
 No. 41. 
 Petition for Re-transfer of Stock under the Unclaimed 
 Dividends' Act. 
 In Chanceby. 
 
 Lord- Chancellor. 
 
 Vice-ChanceUor Wood. 
 
 In the matter of an account intituled, " 
 
 ." And in the matter of an Act of 
 Parliament of the 56th year of the reign of his 
 late Majesty King George III., intituled "An 
 Act to authorise the transferring stock upon 
 which dividends shall remain unclaimed for the 
 space of at least ten years at the Bank of Eng- 
 land, and also all lottery prizes or benefits and 
 balances of sums issued for paying the principals 
 of stocks or annuities which shall not have been 
 demanded for the same period, to the Commis- 
 sioners for the Eeduction of the National Debt." 
 
 B B 2 
 
372 APPENDIX OF PEECEDENTS. 
 
 And in the matter of an Act of the 8th and 9th 
 
 years of the reign of her present Majesty, intituled 
 
 " An Act to make further provisions as to stock 
 
 and dividends unclaimed." 
 
 -To the Eight Honourable the Lord High Chancellor of Great 
 
 Britain. 
 
 The humble petition of John Eemnant, of, &c., 
 Sheweth as follows : — 
 {Statements.) 
 Your petitioner, therefore, humbly prays your Lordship 
 that it may be referred to the proper taxing-master of 
 this Court to tax her said Majesty's Attorney- General 
 and the said Commissioners for the Reduction of the 
 National Debt, their costs of and incidental to this 
 petition, and the order to be made thereon, in case 
 the parties differ about the same, and that on the 
 amount of such costs, when so taxed or agreed on, 
 
 as the case may be, being paid to Messrs. & , 
 
 the solicitors for her said Majesty's Attorney-General 
 and for the said Commissioners, and their receipt for 
 the same being produced to the proper officer of the 
 Bank of England, such officer may be ordered to 
 re-transfer into the name of your petitioner by the 
 description of John Remnant, of, &c., as solely and 
 
 beneficially entitled thereto, the said sum of 1., now 
 
 standing in the books of the Governor and Company 
 of the Bank of England to the account of the Com- 
 missioners for the Reduction of the National Debt, 
 and that the same officer may be ordered to pay to 
 your petitioner, as in like manner solely and bene- 
 ficially entitled thereto, all dividends which have 
 accrued, or shaU previously to such transfer accrue, 
 in respect of the said bank annuities, or that your 
 Lordship will be pleased to make Such other order in 
 the premises as to your Lordship may seem meet. 
 And your petitioner will ever pray, &c. 
 Note. — This petition, is intended to be served, &c. 
 
APPENDIX OF PRECEDENTS. 373 
 
 No. 43. 
 
 Petition under the Fines and Recoveries' Act where Lord Chan' 
 
 cellar is Protector in place of a Felon. 
 In Chancery. 
 
 Lord Chancellor. 
 
 Vice-Chancellor Wood. 
 
 In the matter of John Morton, a person convicted of 
 
 felony. 
 And in the matter of an Act of the 3rd and 4th years 
 of the reign of his late Majesty King William IV., 
 intituled " An Act for the abolition of fines and 
 recoveries, and for the substitution of more 
 simple modes of assurance." 
 To the Right Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of Samuel Morton, of, &c., 
 Sheweth as foUows : — 
 
 1. Under and by virtue of indentures of lease and release, dated 
 
 the and days of , and made, &c., and of a common 
 
 recovery duly suffered in pursuance of such indentures, divers 
 messuages, lands, tenements, and hereditaments in the said 
 indenture of release particularly mentioned or describedj were 
 conveyed and assured after divers limitations, which have de- 
 termined or failed of effect, to the use of the above-named John 
 Morton during his life, without impeachment of waste,- with a 
 
 limitation to the use of the said and , and their heirs, 
 
 during the life of the said John Morton, in trust to preserve 
 contingent remainders, with remainder to the use of your peti- 
 tioner, and every other son of the said John Morton succes- 
 sively in tail general, with divers remainders over, as in the said 
 indenture of release expressed. 
 
 3. Your petitioner is the eldest son of the said John Morton, 
 and, as such, the first tenant in tail under the limitations con- 
 tained in the hereinbefore, recited indenture of ' release, dated 
 
 the day of , and your petitioner attained the age of 
 
 31 years on the day of . 
 
 8. By various mesne assurances, and ultimately by inden- 
 
.374 APPENDIX OP PEECEDENTS. 
 
 ture, dated,' &c., and made, &c., the life estate of the said John 
 Morton, in the hereditaments comprised in the hereinbefore 
 recited indentures of lease and release, became vested in your 
 petitioner. 
 
 4. On the day of , the said John Morton was duly 
 
 convicted of felony. 
 
 5. Your petitioner is desirous of barring his estate tail in the 
 said hereditaments, and vesting the fee simple of the premises 
 in himself. 
 
 6. Your petitioner may be served, &c. 
 
 Your petitioner, therefore, humbly prays your Lordship 
 that your Lordship will be pleased, as protector of 
 the settlement under the above-mentioned Act, to con- 
 sent to the barring of the estate tail in your petitioner 
 in the messuages, lands, tenements, and hereditaments 
 which your petitioner is now, under or by virtue of 
 the hereinbefore stated indentures of lease and release, 
 
 dated the and days of , tenant in tail 
 
 in remainder expectant on the decease of the said 
 John Morton, the tenant for life, or that your Lord- 
 ship will be pleased to make such other order in 
 the premises as to your Lordship shall seem meet. 
 
 And your petitioner will ever pray, &c. 
 Note. — This petition is intended to be served, &c. 
 
 No. 43. 
 
 Petition for the pv/rpose of obtaining the Consent of the Gov/rt to 
 an Investment on Real Security in Ireland, under 4 c^ 5 
 Wm. IV., c. 29, s. 3. 
 
 In Chancery. 
 
 Lord Chancellor. 
 
 Vice-Chancellor Kindersley. 
 
 In the matter of the trusts of the settlement made on 
 the marriage of James Couseus, and Sarah, his 
 wife. 
 
APPENDIX OF PRECEDENTS, 375 
 
 And in the matter of an Act made and passed in the 
 4th and 5th years of the reign of his late Majesty 
 King William IV., intituled " An Act for facili- 
 tating the loan of money upon landed securities 
 in Ireland." 
 
 To the Eight Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The humble petition of James Cousens, of , in the 
 
 county of , esquire, and Sarah, his wife, 
 
 Sheweth as follows : — 
 
 1. By indenture dated the day of , and made 
 
 between your petitioner Sarah Cousens, then Sarah Greathead, 
 spinster, of the first part, your petitioner James Cousens, of the • 
 second part, and John Robinson, esquire, and William Brown, 
 gentleman, of the third part (and being the settlement made 
 previously to the marriage which was soon afterwards solem- 
 nised between your petitioners), the sum of 1200Z. SI. per cent. 
 consolidated bank annuities, which had that day been trans- 
 ferred into the names of the said John Robinson and William 
 Brown, in the books of the Governor and Company of the Bank 
 of England, was declared to be held by them, or other the 
 trustee or trustees for the time being of the now reciting inden- 
 ture, upon trust for the sole and separate use of the said Sarah 
 Cousens during her Ufe, and after her death, then upon trust 
 for the said James Cousens during his life, and from and after 
 the decease of the said James Cousens, then upon the trusts in 
 the said settlement contained for the benefit of the child, 
 children, or other issue of the marriage of your petitioners. 
 And in the said indenture is contained a declaration that it 
 should be lawful for the said James Robinson and WiUiam 
 Brown, or other the trustee or trustees for the time being of the 
 said settlement, with the consent or approbation in writing of 
 your petitioner, to sell out the said trust fimd, or any part 
 thereof, and with such consent or approbation as aforesaid, to 
 lay out or invest the proceeds to arise from any such sale in 
 or upon the government or parliamentary stocks or funds of 
 Great Britain, or real securities in England or Wales, with 
 Buch powers of variation or transposition of the said trust fund, 
 
376 APPENDIX OP PRECEDENTS. 
 
 stocks, funds and securities as in the now stating indenture 
 contained. 
 
 2. The marriage between your petitioners was duly solem- 
 nised soon after the date and execution of the said indenture of 
 settlement, and there have been issue of such marriage three 
 children, who are all infants under the, age of 21 years. 
 
 3. A proposal has been made to your petitioners to consent 
 to the investment of the sum of 6000i., part of the said trust 
 fund, on mortgage at 61. per cent, per annum of an estate 
 
 situate at in the county of Tipperary, in Ireland, and 
 
 your petitioners have been advised that such investment is a 
 fit and proper security in all respects whereon to invest the 
 said sum of 6000Z. as aforesaid. 
 
 4. Your petitioners may be served, &c. 
 
 Your petitioners, therefore, humbly pray your Lordship 
 that the said John Eobinson and William Brown, the 
 trustees of the hereinbefore-stated indenture of settle- 
 ment may be authorised to sell out so much of the 
 said trust fund of 12,000Z. 3Z. per cent, consolidated 
 bank annuities as will produce the sum of 6000Z. and 
 to invest such sum on mortgage of the said estate 
 
 situate at , in the county of Tipperary, in Ireland, 
 
 or that your Lordship wUl be pleased to make such 
 other order in the premises as to your Lordship shall 
 seem meet. 
 
 And your petitioners will ever pray, &c. 
 Note. — This petition is intended to be served, &c. 
 
 No. 44, 
 
 Petition for the pii/rpose of obtaining the Opinion, Advice, and 
 
 Direction of the Cowrt wnder the 22 d 23 Vict., c. 35, s. 30. 
 In Chancery. 
 
 Lord Chancellof. 
 
 Vice-Chancellor Stuart. 
 
 In the matter of the trusts of the will of William Iron- 
 sides, late of Bolton parish, in the county of 
 
APPENDIX OF PRECEDENTS, 377 
 
 Essex, esquire, deceased, so fat as relates- to the 
 monies thereby settled on his daughter, Mary 
 Cordelia, her husband and issue, as therein 
 mentioned. 
 And in the matter of the Act of the session of the 
 23nd and 23rd years of her present Majesty, 
 chapter 35, intituled "An Act to further amend 
 the law of property, and to relieve trustees." 
 To the Eight Honourable the Lord High Chancellor of Great 
 Britain. 
 
 The Iwmble petition of James Belton, of Gravesend, 
 in the county of Kent, esquire ; and Edward Hunt, 
 of St. Albans, in the county of Hertford, gentleman, 
 Sheweth as follows : — 
 
 1. The above-named "William Ironsides, by his last will and 
 testament, dated the 3d day of March, 1856, and duly executed 
 and attested, bequeathed the sum of 20,000i. 3Z. per cent, con- 
 solidated bank annuities to your petitioners, upon trust either 
 to permit the same consolidated bank annuities, when invested 
 in the name or names of the trustee or trustees for the time 
 being of that his will, to continue so invested, or from time to 
 time, with the written consent of the person or persons for the 
 time being entitled to the annual produce thereof, if of full age, 
 and if under age, then at the discretion of the said trustee or 
 trustees for the time being, to sell the same bank annuities, 
 and invest the monies produced thereby in any other of the par- 
 liamentary stocks or public funds of Great Britain, or at in- 
 terest upon government or real securities in England and 
 Wales, but not in Ireland, and from time to time, with the like 
 "consent, or at the like discretion, as the case might be, to vary 
 the monies so to be invested for any other of the said stocks, 
 funds, or securities, and subject to the trusts aforesaid, upon the 
 farther trust to pay and apply the annual produce of the said 
 bank annuities, trust monies, stocks, funds, and securities for 
 the separate use of his (the testator's) daughter, Mary Cordelia 
 Ironsides during her life, without power of anticipation, and 
 from and after her decease upon further trust for the benefit of 
 the husband and children of his (the testator's) said daughter, 
 
378 APPENDIX OF PEECEDENTS. 
 
 as in the said will mentioned ; and the said testator thereby 
 appointed your petitioners to be the executors of his said 
 will. 
 
 2. The said testator died on the 8th day of June, 1858, with- 
 out having in anywise altered or revoked his said will, and the 
 same was, on the 10th day of July, 1858, duly proved by your 
 petitioners, as the executors thereof, in the principal registry 
 of Her Majesty's Court of Probate. 
 
 8. The said Mary Cordelia Ironsides, on the 5th day of May, 
 1859, intermarried with, and she is now the wife of Andrew 
 Stanmore, of Eichmond, in the county of Surrey, esquire. 
 
 4. Your petitioners have had transferred into their names 
 the sum of 30,000Z. 31. per cent, consolidated bank annuities, 
 which they hold upon the trusts declared of the same by the 
 hereinbefore stated will in favour of the said testator's daughter 
 Mary Cordelia, her husband, and children as aforesaid. 
 
 5. The said Andrew Stanmore is the owner of considerable 
 real estates in Scotland, and he has, with the consent and ap- 
 probation of his said wife, applied to your petitioners to advance 
 him the sum of 10,000?., part of the said trust funds, upon 
 mortgage of the aforesaid real estates in Scotland ; but your 
 petitioners have been advised, that although the said invest- 
 ment is in other respects reasonable and proper, yet that they 
 cannot with safety advance the said money upon the said secu- 
 rity, except under the sanction of this Honourable Court. 
 
 6. Your petitioners may be served, &c. 
 
 Your petitioners, therefore, humbly pray your Lordship 
 for your opinion, advice, and direction, under the 
 circumstances aforesaid, and that your Lordship will 
 be pleased to say whether, in your Lordship's judg- 
 ment, it will be fit and proper, and in accordance with 
 the duty of your petitioners, as such trustees as afore- 
 said of the said sum of 20,000Z. 3Z. per cent, consoli- 
 dated bank annuities, that they should, with the 
 consent in writing of the said Mary Cordelia Stan- 
 more, advance thereout to the said Andrew Stanmore 
 the sum of 10,000J. sterling, upon the security of 
 real estates of the said Andrew Stanmore in Scotland 
 
APPENDIX OF PRECEDENTS. 379 
 
 of abundant value, and that the costs of this applica- 
 tion may be provided for as to your Lordship shall 
 seem proper, or that your Lordship will be pleased to 
 make such further or other order in the premises as to 
 yoTir Lordship may seem meet. 
 And your petitioners will ever pray, &c. 
 Note. — This petition is intended to be served, &c. 
 
INDEX TO THE PEECEDENTS. 
 
 AITIDAVIT. 
 
 general form of, 314. 
 
 by an attesting witness as to execution of a deed produced on tlie 
 
 hearing of a petition as an exhibit, 314. 
 where no attesting witness, or where, &om absence or death of 
 
 attesting witness, deed is otherwise proved, 315. 
 where attesting witness is dead, by person who can speak to his 
 
 identity and handwriting, 315. 
 of identity of person named in certificate of death, 316. 
 by a surveyor in support of petition for investment in land under 
 
 the Lands' Clauses Act, 336. 
 as to fitness of person proposed as trustee, 347. 
 verifying signatures to consent of trustees, 348. 
 in support of motion under statute of Anne, 368. 
 
 See Tkubtes Bbt.ibp Act. 
 
 APPOINTMENT OF NEW TRUSTEES. 
 
 petition for, and for vesting order of trust estate, 345. 
 
 petition for, jointly with continuing trustee and for vesting order 
 
 or conveyance, <fec., 349. 
 petition for, and for an order vesting in them the trust estate, 
 
 including mortgage and bond debts and the right to transfer 
 
 stock, 361. 
 petition for, and for an order vesting in them the real and 
 
 personal estate of the testator, 353. 
 
 CONSENT. 
 
 of new trustee to act if appointed, and of contiuuing trustee to 
 act in conjunction with him, 347. 
 
 FINES AND RECOVEEIES' ACT. 
 
 form of petition under, where Lord Chancellor is protector in 
 place of a felon, 373. 
 
 INFANT. 
 
 petition by guardian under 1 "WUl. IV., c. 65, s. 32, to be allowed 
 to receive dividends and apply same for maintenance of, 320. 
 
 petition for party to convey in name of, under Trustee Act, 1850, 
 354. 
 See Infant Custody Act — Infant Settiembnt Act. 
 
382 INDEX TO THE PRECEDENTS. 
 
 INFANT CUSTODY ACT. 
 
 petition under, by a mother, to obtain custody of one of her 
 children, and access to the others, 322. 
 
 INFANT SETTLEMENT ACT. 
 
 form of petition under, 357. 
 
 IRELAND. 
 
 petition for obtaining consent of CoiuH; to investment on real 
 security in, 374. 
 
 LANDS' CLAUSES ACT. 
 
 petition under, for investment of purchase-money in stock and 
 payment of dividends to tenant for life, 328. 
 
 to obtain transfer out of Court of a sum of 
 stock, 330. 
 
 for investment of purchase money in other 
 lands, 333. 
 
 LEGACY DUTY ACT. 
 
 petition under, by legatee, late an infant, for payment of 
 legacy, 369. 
 
 MOBTGAGEB. 
 
 petition by mortgagor for vesting order of lands where mortgagee 
 has died intestate and 'vdthout an heir, 355. 
 
 MOTION. 
 
 notice of, under 6 Anne, c. 18, for production of cestms que vie, 
 367. 
 
 NOTICE. 
 
 to parties beneficially interested of payment into Court under 
 Trustee Belief Act, 339. 
 
 OPINION OF COUBT. 
 
 form of petition under 22 k 23 Vict., c. 35, s. 30, for obtaining 
 376. 
 
 OEDEB. 
 
 form of, under the Infant Custody Act, 324. 
 on investment in land imder Lands' Clauses Act, 337. 
 made on petition under the Trustee Belief Act, 342. 
 on petition for appointment of new trustee, 349. 
 
 PETITION. 
 
 general form of, 813. 
 
 BOMILLY'S (SIB SAMUEL) ACT, 
 petition under, 316. 
 
INDEX TO THE PRECEDENTS. 383 
 
 SETTLED ESTATES' ACTS. 
 
 petition under, for power to lease certain hereditaments for 21 
 
 years, 359. 
 petition under, for power to grant biulding lease, 361. 
 petition under, for authority (particular and general) to lease 
 stone, &c, 362. 
 for sale of lands, 364. 
 
 SOLICITOES' ACT. 
 
 petition under, to tax biUs of costs, 325. 
 
 SPECIAL CASE. 
 
 form of, 344. 
 
 TRUSTEE RELIEF ACT. 
 
 affidavit to be filed by trustee previously to paying trust fund 
 
 into court under, 338. 
 petition for transfer out of court of trust sum paid in under, 340. 
 affidavit under, (another form), 343. 
 
 UNCLAIMED STOCK AND DIVIDENDS' ACT. 
 petition under, for retransfer of stock, 371. 
 
GENERAL INDEX. 
 
 ADVICE. See Judiciai. Opinion. 
 AFFIDAVIT. 
 
 nature of an, 21. • 
 
 what it should contain, i&. 
 
 how alterations therein should be made, 21, 22. 
 
 how should be intituled, 22. 
 
 made by clerk held sufScient, ib. 
 
 how taken and expressed, ib. 
 
 must be divided into paragraphs, ib. 
 
 commencement of, ib. 
 
 not admissible, when, ib. 
 
 how should be copied, 22, 23. 
 
 as to the jurat on, 23. 
 
 omitting words " make oath " irregular, ib. 
 
 how deponent attaches his signature, ib. 
 
 signature will not be dispensed with, ib. 
 
 where hand of marksman guided, held not sufficient, ib. 
 
 document may form part of, 24. 
 
 before whom may be sworn, 25. 
 
 place where sworn should be stated, ib. 
 
 taxing-master only swears affidavits as to costs, ib. 
 
 taken before solicitor in cause cannot be read, ib. 
 
 nor before clerk of plaintiflPs attorney, ib. 
 
 may be sworn in Scotland, Ireland, or the Colonies, ib. 
 
 sworn before Master Extraordinary in Ireland, admissible, 25, 26. 
 
 where taken previously to recent Act, 26. 
 
 signature of foreign notary to, must be verified, ib, 
 
 as to the fees, ib. 
 
 as to filing of, ib, 
 
 where sworn abroad, ib. 
 
 verifying title, 19. 
 
 as to person being alive, 26, 27. 
 
 must be duly filed and registered, 27. 
 
 office copies of, must be obtained, ib. 
 
 in vacation, original may be used, ib. 
 
 filed after time appointed, wiU be received, ib. 
 
 of service, ib. 
 
 of personal service, need not state where served, i6, 
 
 
 
386 GENERAL INDEX. 
 
 AFFIDAVIT— contimted. 
 
 as to obtaining office copies of, 27. 
 no rule as to filing, ib. 
 of service of notice, 27, 28. 
 
 office copy of, must be produced before Court rises, 28, 
 respondent cannot read co-respondent's, ib. 
 notice must be given of intention to use, ib. 
 answering of, waiver of objection, ib. 
 read, must be entered in order, ib. 
 
 hearing will be postponed in order to allow timeforfiling of, 28, 29. 
 . read in Court, may be used at Chambers, 29. 
 notice to read, cannot be withdrawn, ib. 
 party having made, may be cross-examined, ib. 
 course to be pursued thereupon, ib. 
 must state deponent's means of knowledge, ib. 
 costs of, not so expressed, to be disallowed, 29, 30. 
 as to the expenses of settling by counsel, 30. 
 
 APPOINTMENT OP NEW TRUSTEES. 
 
 general powers of Court as to, 232, 233, 234. 
 
 in place of infant devisee, 206. 
 
 of convicted felon, 233. 
 
 how far to operate as a discharge, ib. 
 
 upon apphoations as to, old trustees and cestuis que trust must 
 
 appear, ib. 
 but where subsettlements, trustees represent cestuis que trust, 
 
 235. 
 consent to act must be shown, 233, 234. 
 as to the number of new trustees to be appointed, 234, 235. 
 as to the persons, 288, 239. 
 disclaiming trustees are " existing trustees," 235. 
 where one of several trustees out of jurisdiction, and others to 
 
 continue, vesting order made, ib. 
 where a party has a power to appoint, but refuses, no order 
 
 made, ib. 
 Court wUl not remove a trustee willing to act, ib. 
 will be made of a deed, the validity of which is disputed, 236. 
 in place of infant having beneficial interest, ib. 
 in place of trustee out of jurisdiction, 236, 237. 
 where donees in India appointed two trustees instead of three, 
 
 Court appointed remaining trustee, 237. 
 where trustee desires to be discharged, ib. 
 in place of retiring trustee, 'ib. 
 in addition to existing trustees, ih. 
 
 where stock refused to be transferred to new trustees, 237, 238. 
 trustee domiciled in New York held " incapable of acting," 238. 
 foreigners will not be appointed, ib. 
 in place of infants, ib. 
 in place of lunatic trustees, ib. 
 
GENERAL INDEX. 387 
 
 APPOINTMENT OF NEW TRUSTEES— contmueA 
 
 petition of tenant for life, for an order to vest property ia new 
 
 trustee, must be served on remainderman, 239, 240. 
 in place of bankrupts, 240, 242, 243, 244. 
 where no EngUsi representative of trustee of stock, 240. 
 made where difiSculty in obtaining limited administration, ib. 
 of copyholds, ib. 
 order for, made on one petition where retiring and lunatic trustee, 
 
 240, 241. 
 where no existing trustee, 241. 
 made though power in will, ib. 
 where land situate in Ireland, ib. 
 where no legal personal representative, ib. 
 made under petition in lunacy and Chancery, ib. 
 may be made by Lord Chancellor or Lords Justices .sitting in 
 
 lunacy, 202, 203. 
 where portion only of stock belongs to trust, 242. 
 who are to pay the costs of, 259. 
 
 BILLS OF COSTS. See Solicitors' Act, H 
 
 CESTUI QUE VIE. See Tenant for Lifb. 
 
 CHAMBERS. 
 
 proceedings generally at, under jiirisdiction conferred by any 
 Act, 14. 
 
 CHARITIES. 
 
 nature of jurisdiction exercised by court over, 37, 38. 
 
 Sir Samuel Romilly's Act, 38. 
 
 signature to, and allowance of, petition under said Act, ib. 
 
 as to exemption from stamp duty, 39. 
 
 operation of Romilly's Act, ib. 
 
 controlled by Charitable Trusts' Act, ib. 
 
 statement of 59 Geo. 3, c. 91, 39, 40. 
 
 where statutes of charity insufficient, 40. 
 
 statement of 3 <fc 4 Vict. c. 77, 40, 41. 
 
 master and patron should have notice of application, 41. 
 
 statement of 8 <k 9 Vict. o. 70, 41, 42. 
 
 heading of petitions under foregoing statute, 42. 
 
 three last statutes proceed on basis of Romilly's Act, ib. 
 
 provisions of Charitable Trusts' Act, 1853, 42, 43. 
 
 as to signature of petition under Romilly's Act, and necessary 
 
 certificates, 43. ' 
 
 as to sanction of Charity Commissioners, 43, 44. 
 when final order made, no longer matter "actually pending," 44. 
 where new application, sanction required, ib. 
 vesting order may be made at Chambers, ib. 
 Romilly's Act only applies between trustees and objects of the 
 
 trust, 45. 
 
 2 
 
388 GENERAL INDEX. 
 
 CHARITIES— contMvueA 
 
 where question relates to original constitution, information 
 
 ■necessary, 46, 46. 
 Romilly's Act only applies to plain breaches of trust, 46. 
 ■where adverse right claimed, case for information, ib. 
 also where question arises as to purposes of fund, ib. 
 class of cases where Court has jurisdiction under Romilly's 
 
 Act, 46, 47. 
 the same where no jurisdiction, 47. 
 as to receiving unsigned petitions, ib. 
 under Romilly's Act, Court may apportion income, ib. 
 and sale or exchange may be directed, ib. 
 where adverse claim set up, Romilly's Act does not apply, 48. 
 as to future applications to the Court, ib. 
 as to referring to scheme, ib. 
 usual course as to scheme, ib. 
 orders on petition same effect as decrees, 48, 49. 
 may be altered by subsequent information, 49. 
 when information and petition proceeding together, ib. 
 Court no alternative under 8 cfe 9 Vict. o. 70 but to interfere, ib. 
 Court may apportion gifts, ib. 
 principle of division must not be stated, ib. 
 as to discretion exercised under 8 & 9 Vict. c. 70, 50. 
 as to short order on motion, ib. 
 parties not served cannot be heard, ib. 
 party personally interested will receive his costs, ib. 
 parties having no interest must attend at their own expense, 
 
 50, 51. 
 petitioner must bear costs of unnecessary petition, 51. 
 costs apportioned between the different charities, ib. 
 petition for appointment of new trustees of, how should be 
 
 intituled, ib. 
 costs of parties appearing to aid Attorney-General not allowed, ib. 
 vesting order made at chambers under the circumstances, 61, 52. 
 subsequent applications require Commissioners' certificate, 52. , 
 application for appointment of future trustees directed to be made 
 
 at chambers, ib. 
 application of Peto's Act, ib. 
 
 CHILDREN. See Infint Custody Act. 
 
 COSTS. 
 
 party setting up claim not sustained, left to bear his own, 18. 
 party properly served, but appearance unnecessary, refused his, ih. 
 of appearance, practice as to allowing, ib. 
 objection to this practice, 18, 19. 
 
 party held entitled to, though notice given not to appear, 19. 
 See Lands' Clauses Act, II. — Somcitors' Act, II. — Trcstbk 
 Act, 1850, III. — Tkustbes' Relief Acts, IV, 
 
GENERAL INDEX. 389 
 
 DIRECTION. See Judiciai Opinion. 
 DIVIDENDS. 
 
 may be directed to be paid to successive tenants for life, 15. 
 See Unolaimkd Stock and Dividends. 
 
 EVIDENCE. 
 
 Acts of Parliament admissible in, -witliout proof, 31. 
 
 after session of 1861 aJl statutes public Acts, ih. 
 
 as to records of Courts of Justice, 32. 
 
 books or other documents of a public nature, ib. 
 
 deeds, (fee, thirty years old, prove themselves, ib. 
 
 and so as to ■wiUs, ib. 
 
 examined copy oS, enrolled deed su£Scient, 32, 33. 
 
 in other cases, how deed must be proved, 33. 
 
 on ex parte applications, deed must still be proved, ib. 
 
 certified copies of entries at the General Register Office admis- 
 sible, ib. 
 
 mode of proof of birth, &c., since l7th August, 1836, ib. 
 
 prior to that period, 33, 34. 
 
 extracts held sufficient, though incumbents not stated to be 
 entrusted with the register, 34. 
 
 identity must be proved, ih. 
 
 entry in parish register of time of birth no evidence as to age, ib. 
 
 as to birth of illegitimate child, 35. 
 
 neither probate nor letters of administration evidence of death, ib. 
 
 of birth, <fec., in India, ib. 
 
 of marriage of British subject in foreign country, ib. 
 
 EXHIBIT. 
 
 document may be made an, 24. 
 
 must be impressed with some mark, ib. 
 
 better course to pursue as to, ib. 
 
 must be authenticated as the document referred to, ib. 
 
 fee payable for each, 24, 25. 
 
 FEMES COVERT. See Intants and Femes Covekt. 
 
 INFANTS. See Intant Custody Acsi — Int'ants and Femes Covert — 
 iNTAirr Settlement Act. 
 
 INFANT CUSTODY ACT. 
 
 jurisdiction exercised by Court over infants, 59, 60. ■ 
 
 provisions of, 60. 
 
 Vice-ChanoeUors have jurisdiction under, ib. 
 
 object of, 60, 61. 
 
 custody may be given to mother as against testamentary guardian, 
 
 61, 62. 
 next friend not necessary, 62. 
 order may sometimes be made ex parte, ib. 
 
390 GENERAL INDEX. 
 
 INFANT CUSTODY ACT— cowfimted. 
 
 Court may exercise original jurisdiction, 62. 
 
 jurisdiction though child in oilstody of mother, ib. 
 
 has introduced new considerations for interference, 63. 
 
 where infant in custody of mother separated from husband, 
 
 63, 64. 
 circumstances under which Court will interfere, 64, 65. 
 no jurisdiction by way of appeal from Ecclesiastical Court, 65, 66. 
 where interest of children interfered with, Court will not 
 
 interfere, 66. 
 wife cannot resist husband's application, ib. 
 where right of father will be interfered with, 66, 67. 
 nature of circumstances which influence Court as to custody of 
 
 children, 6T, 68, 69. 
 
 as to powers of Court of Divorce over, 70. 
 
 INFANTS AND FEMES COVERT. 
 
 statement of Act relating to, 63. 
 
 interpretation clause of, 64. 
 powers of Court under, extended to Colonies, ib. 
 and to Irish Court of Chancery, ib. 
 as to applications on behalf of, for power to renew lease, 54, 55. 
 how fines and charges to be paid, 55. 
 lease to enure to old uses, &c., ib. 
 where compellable to renew, applications may also be made to the 
 
 Court,, 55, 56. 
 where leases for buUding and other purposes will be authorised, 
 
 56, 57. 
 when applications should be made at chambers, 55, 57. 
 fine (if any) must be paid before renewed lease executed, 57. 
 how fines to be applied, ib. 
 order will be made in first instance, ib. 
 guardian of infant may, with approbation of Court, enter into 
 
 agreements, ib. 
 dividends of stock belonging to infant may be applied for his 
 
 maintenance, 68. 
 doubtful whether guardian may be appointed, ib, 
 how costs of proceedings to be raised, ib. 
 
 See Infant Custody Act — ^Infant Settlement Act. 
 
 INFANT SETTLEMENT ACT. 
 
 object and scope of, 261. 
 
 extended to Ireland, 262. 
 
 to what infants applies, ib. 
 
 nature of settlement infant may make, 261, 262. 
 
 effect of (ieath under age, 262. 
 
 application under, for sanction of Court to be by petition, ib. 
 
 evidence necessary to support, 263. 
 proposals to be submitted to Judge, ib. 
 
GENERAL INDEX. 391 
 
 INFANT SETTLEMENT ACT— continued. 
 
 ordinary course pursued on petition under, 263, 264. 
 
 nature of inquiry to be made by the Court, 264. 
 
 ■where settlement not drawn by conveyancing counsel, ib. 
 
 nature of affidavits required, ib. 
 
 as to settlement by infant ward of Court of reversionary interest, 
 
 264, 265. 
 Court cannot approve settlement made without its concurrence, 
 
 265. 
 name and arms clause inserted, ib. 
 
 INFANT TRUSTEES AND MORTGAGEES. 
 
 seised or possess^ of any lands, 205. 
 
 entitled to any contingent right, ib. 
 
 solely or jointly entitled to any stock upon any trust, ib. 
 
 money belonging to an infant may be paid into court, 205, 206. 
 
 as to infant tenant in tail, 206. 
 
 where infant heir declared trustee for purchaser, ib. 
 
 ■where equity of redemption de^vised to an infant, no order made, 
 
 206, 2or. 
 
 appointment of guardian, and vesting right to receive dividends 
 
 in him, 207. 
 no day to show cause now given to an infant, ib. 
 consideration of conveyances reserved, ib. 
 
 legal estate vested in devisees of mortgagor subject to legacy, ib. 
 infant held to be trustee of stock, when, ib. 
 where lunatic an in&nt, 207, 208. 
 as to infant sole trustee out of jurisdiction, 208. 
 where no express declaration of trust, ib. 
 as to infant heir of vendor, ib. 
 
 -INVESTMENT. See Lands' Clauses Act, IIL 
 
 IRELAND. 
 
 as to loans on real securities in, 306. 
 ■where minor, &o., interested, ib. 
 effect of order of Court, ib. 
 
 JUDICIAL OPINION. 
 
 who may apply to Court for, 307, 310. 
 
 as to the petition or statement for obtaining, 307, 308, 309. 
 
 as to service of the petition or summons, 308, 309, 310. 
 
 Court bound to give, 310. 
 
 must be passed and entered, 309. 
 
 effect of, 308, 309, 310. 
 
 difficult questions will not be dealt with at chambers, 310. 
 
 money to be laid out in improvements not sanctioned, 310, 311. 
 
 as to the costs and fees in respect of, 308, 309. 
 
392 GENERAL INDEX. 
 
 LANDS' CLAUSES ACT. 
 
 I. — Gbnbkai, Provisions, 
 
 nature of jurisdiction exercised by Court, 113. 
 
 payment into Court, and mode of application of purcliase or 
 
 compensation money, 113, 114. 
 on whose petition money may be so applied, 114. 
 where purchase or compensation money does not amount to 
 
 200?., ih. 
 as to moneys payable under contract with person having partial 
 
 interest, 114, 115. 
 where money paid in respect of leasehold or partial interest or 
 
 reversion, 115. 
 in case of refasal, &c., purchase or compensation money may be 
 
 paid iuto Court, ib. 
 and invested or distributed, 115, 116. 
 parties in possession to be deemed true owners, 116. 
 as to the costs to be paid by the promoters, i6. 
 if promoters desirous to use lands before agreement, &c., purchase 
 
 or compensation money may be paid into Court, 116, 117. 
 as to application of money deposited, 117. 
 how petition should be intituled, 117, 118. 
 > sections of Act should not be set out in, 118. 
 
 need not be served on those in remainder, ib. 
 deeds must be settled by conveyancing counsel, ib. 
 Court has no power to apportion price, ib. 
 where title to part of land defective, i6. 
 
 where petition presented in matter of Act and in a cause, 140. 
 presence of eestuis que trust dispensed with, 141. 
 petitioner must make affidavit verifying his title, 146, 146. 
 
 II. — Costs. 
 
 under voluntary agreement not payable by company, 121, 
 extra, out of fund refused, ib. 
 company must bear costs of disentailing deed, 123. 
 payable by companies equally and not rateably, 126. 
 of incumbrancers payable by company, i6. 
 of reference must be paid by the company, ib. 
 of unnecessary service must be paid by petitioner, 127. 
 of unsuccessful investment not payable by company, 128. 
 of Utigatibn, ib. 
 of apportionment, ib. 
 
 of conveyance not payable by company, ib. 
 of several investments allowed, ib. 
 and of power of attorney, 129. 
 
 of paying off incumbrance on the land not allowed, ib. 
 of mortgagee, ib. 
 
 of inquiry allowed where infant or married woman interested, ib. 
 of vesting order or conveyance, where infant heir or devise in 
 strict settlement, 130. 
 
GENERAL INDEX. 393 
 
 LANDS' CLAUSES ACT— continued. 
 
 II. — Costs — cmitinued. 
 
 of second petition where money invested in lands sold in smt, 130. 
 
 of payment out of money invested pending disputed question, ib. 
 
 refused under tlie circumstances, ib. 
 
 out of fund where investment for benefit of a bishop, i6. 
 
 how to be paid where land incumbered, 131. 
 
 of conveyance from infant, ib. 
 
 where only one set of, 131, 132. 
 
 of arbitration payable out of purchase-money, 13?. 
 
 payment of, where suit instituted, 138. 
 
 of parties to suit, company bound to pay, 139. 
 
 of half-yearly sal§s of stock payable by company, ib. 
 
 of new incumbent, i6. 
 
 parties appearing in separate sets are to have their, 139, 140. 
 
 of purchaser from tenant for life will not be allowed, 140. 
 
 where price of land more than money in Court, ib. 
 
 of interim investment, 140, 141. 
 
 of trustees, 141. 
 
 of mortgagees on land purchased will not be allowed, ib. 
 
 of incumbrancers and of a receiver allowed, ib. 
 
 how paid where proceedings consolidated, 142. 
 
 in what cases governed by old Act, ib. 
 
 how apportioned imder the circumstances, ib. 
 
 jurisdiction as to, in the case of old Acts, 142, 143. 
 
 of two counsel not allowed, 143 
 
 of two petitions by two co-heirs allowed, ib. 
 
 incurred before conveyancing counsel taxable, ib. 
 
 of inadequate purchase payable out of fund, ib. 
 
 each party left to pay his own, when, 144. 
 
 of title and conveyance not payable by company, ib. 
 
 of petition for person to convey payable by company, ib. 
 
 sum deposited in Court not subject to any Hen for, ib. 
 
 payable by commissioners of works under the circumstances, 145. 
 
 observations as to sections in special Acts with reference to, 147. 
 
 in. — lunSTMEKT. 
 
 only a first mortgage will be sanctioned, 120. 
 company no option as to, 123. 
 
 enfranchisement or purchase of copyholds allowed, 125. 
 produce of leaseholds invested in copyhold lands, ib. 
 in the purchase of a leasehold interest, or in payment of a quit- 
 rent, 126, 135. 
 in redemption of land tax, 132. 
 where land part of charity estate, ib. 
 
 of purchase-money of leaseholds in reversion of other lease- 
 holds, 133. 
 as to application for, in stock, 134. 
 in leasehold property not allowed, 135. 
 
394 GENERAL INDEX. 
 
 LANDS' CLAUSES ACT!— contmaed. 
 IIL — Investment — contimied. 
 
 ordered, of piirchase-money paid to tenant in tail, ib. 
 in substitution of new foruld farm buildings, 145. 
 course of proceedings subsequent to order for, 146, 147. 
 
 IV. pAinVIBNT OUT OF OOUBT. 
 
 where estate directed to be sold, party entitled to proceeds may 
 petition for, 120. 
 
 transfer from one account to another is, ib. 
 
 when one of several persons entitled petitions for, ib. 
 
 to tenant for life of indemnity sum refused, 121. 
 
 of purchase-money of entailed estate will not be allowed without 
 disentailing deed, 123. 
 
 except where sum small, i6. 
 
 directed as personal estate, 127. 
 
 of aliquot share maybe obtained without notice to other parties, 133. 
 
 appUoation for, of fund under 3002. cannot be made at cham- 
 bers, 134. 
 
 V. — Ptjkchasb Money. 
 
 where tender of, made, distinct notice of purpose should be 
 
 given, 120. 
 of land belonging to corporation, subject to beneficial interests, 
 
 how directed to be paid, 122. 
 not allowed to he paid in annual sums, ib. 
 applied in part payment of expenses of rebuilding, 124, 125. 
 or in new erections, or in rebuilding a farm house, 125. 
 where paid in by two companies, 126. 
 paid to joiut account of lunatic and company, 126, 127. 
 ordered to be applied in improvement of schools, 131. 
 Court no jurisdiction to order interest on, 132. 
 may be applied in discharge of incumbrance on corporation lands, ib. 
 or in payment of expenses of inclosure, 133. 
 applied ia payment of expenses incurred under Metropolitan 
 
 Buildings' Act, ib. 
 how corpus applied in oaso of renewable leasehold, 137, 138. 
 when land taken is in lease subject to renewal, 138. 
 where contract by committee of lunatic's estate, ib. 
 as to powers of vicar over, 139. 
 paid out to secretfiry of company without verification of seal, 144. 
 
 VI. ^ — Tenant rou Life or othee Owner. 
 
 entitled to dividends where company in possession, 118, 119. 
 what amounts to " wilful refusal" on the part of, 119, 120, 
 balance less than 20Z. ordered to be paid to, 121, 122. 
 dividends ordered to be paid to annuitant, 122. 
 where houses subject to leases at nominal rents, dividends will 
 
 not be paid to rector, but will be invested, 123, 124. 
 when intitled to whole of dividends, 1 24. 
 
GENERAL INDEX. 395 
 
 LANDS' CLAUSES AGT—conUwued. 
 
 ^T. — ^Tenant pok Life ob othbe Ownbe — continued. 
 
 bishop not entitled to compensation in respect of fine, 124. 
 brokerage should be paid by petitioner in first instance, 127. 
 owner of charge need not be served, 127, 128, 
 service on vendor not necessary under the oironmstances, 129. 
 company not liable to pay fine on admission of, to copyholds, 
 
 130, 131. 
 where vendor imable to convey not a "wilful refusal," 132. 
 money paid to, on undertaking to build cottages, 133. 
 income will be paid to, without service on mortgagees, 134 
 where successive life estates, ib. 
 dividends ordered to be paid to archbishop for the time being, 
 
 134, 135. • 
 
 on lease by a dean directed to be accumulated, 135. 
 
 small sums wiU be paid to, 135, 137. 
 
 in the case of a corporation, the freemen should be represented, 
 
 135, 136. 
 
 court will not examine into title of, where in possession, 136. 
 
 position of company analogous to that of trustee, ib.- 
 
 dividends of charity ordered to be paid to rector or vicar, for the 
 
 time being, ib. 
 to any two of the trustees for the time being, 136, 137. 
 course piusued on purchase of reversionary interest from dean 
 
 and chapter, 137. 
 where money produce of land held by archbishop, 138. 
 vendor should not be served, 142. 
 where party entitled devises land in strict settlementj 146. 
 
 LEASES. See Settled Estates' Acts, IL 
 
 LEGACY DUTY ACT. 
 
 under what circumstances legacy may be paid into court, under, 
 296, 297. 
 
 where money improperly paid into bank, 297. 
 
 where more or less than the duty has been paid, iA. 
 
 mode of application for payment out of money, ib. 
 
 executors cannot invest legacy without authority of Court, 298. 
 
 where payment in of legacy in cash, ib. 
 
 as to the costs of obtaining legacy out of Court, ib. 
 
 dividends will be applied for infant's maintenance, ib. , 
 
 as to payment on petition by tenant for life, 299. 
 
 in what cases applications under, should be made at chambers, ih 
 
 no longer of so much practical importance, ib. 
 
 LUNATIC TRUSTEES AND MORTGAGEES. 
 
 lands and contingent rights vested in, 200, 201. 
 stock and choses in action, 201, 202. 
 
 where of unsound mind, money belonging to, may be paid into 
 Court, 202. 
 
396 GENERAL INDEX. 
 
 LUNATIC TRUSTEES AND MORTGAGEES— contmMec?. 
 
 no concurrent jurisdiction as to lands in Ireland, 202. 
 where fact, of lunacy contested, 203. 
 where of unsound mind, though not found such, ib. 
 where actual legal estate outstanding, 203. 
 where heir of surviving trustee of unsound nmid, 203, 204. 
 order made for conveyance by committee on decree for parti- 
 tion, 204. 
 
 MARRIED WOMEN. See Inpamis and Femes Covert. 
 
 MORTGAGEES. 
 
 provisions of the Trustee Act, 1850, as to lands vested in, 
 
 227, 228. 
 
 meaning of term " reconveyance," 228. 
 
 hereditament will be vested in executors of deceased mortgagee, 
 
 228, 229. 
 
 where illegitimate, legal estate velted in purchaser, 229. 
 some of cestuis que i/rust may represent the rest, ih. 
 mortgaged estate wEl not be vested in administrators of, 230. 
 See Infant Tbtjstees and Mortgagees — Lttnatic Trustees and Mort- 
 gagees. 
 
 MOTION. See Tenant for Life. 
 
 ORDER. 
 
 facts inconsistent with, cannot be introduced by amendment, 8. 
 
 drawing up, <fec., of, 14. 
 
 after being drawn up, cannot be amended, ih. 
 
 on ground of irregularity, may be discharged on motion, ih. 
 
 where intituled in non-existing cause, 15. 
 
 prefaced by statement of opinion, ih. 
 
 should only state prayer of petition, ih. 
 
 as to bespeaking minutes of, ih. 
 
 as to fee payable for, ih. 
 
 must be served on party affected by it, 16, 17. 
 
 process of contempt same as on decree, 17. 
 
 may be appealed from, ih. 
 
 where made in interval of sittings, ih. 
 
 directions to solicitors on bespeaking, 19. 
 
 PAYMENT INTO COURT. See Trustees' Relief Acts, II. 
 
 PAYMENT OUT OF COURT. See Lands' Clauses Act, IV.— 
 Trustees' Relief Acts, III. 
 
 PETITION. 
 
 general nature of, 2, 3. 
 
 how must be intituled, 6. 
 
 to whom addressed, ih. 
 
 when addressed to the Lord Chancellor, 7. 
 
GENERAL INDEX. 397 
 
 FWCITION— continued. 
 
 or to the Master of the Rolls, 8. 
 
 what it should state, 3. 
 
 where fund carried to a separate account, ib. 
 
 costs of, where money standing to a separate account, 18. 
 
 as to the preparation of, 3. 
 
 and form of, 6, 7. 
 
 and how engrossed, 8. 
 
 should be as concise as possible, 3. 
 
 where any part of, improper or of unnecessary length, order may 
 
 be made as to the costs, 4. 
 or when of vexatious length, ib. 
 what is improper length, ift. 
 in what cases may be presented, ib. 
 persons seeking aid by statutory jurisdiction, must commence 
 
 by, ib. 
 division of, ib. , 
 
 by infant or married woman, 5. 
 by deaf and dumb, or bUnd person, ib. 
 solicitor should have authority to present, ib. 
 where solicitor only authorised to act for one of two respondents 
 
 to, i6. 
 infant respondent to, must appear by guardian ad litem, ib. 
 how such guardian may be appointed, 5, 6. 
 statement must be made of parties intended to be served, t. 
 where two petitions presented on the same day, 8. 
 may be called for after being answered, ib. 
 can be amended on special order, ib. 
 as to adding parties, ib. 
 must be served on all parties interested, 9. 
 there should be an affidavit of service of, 10. 
 setting down, to be heard, 10, 11. 
 the preparation of the brief, 11. 
 on hearing of, order wUl be made, ib. 
 may by consent be amended at the hearing, 12. 
 may be directed to stand over to be amended, ib. 
 no declaration of rights will be made on a, ib. 
 must be supported by affidavits and other evidence, 13. 
 mode of hearing of, ib. 
 where unopposed petition directed to stand over without day 
 
 being fixed, ib. 
 where petition and cross petition, ib. 
 where matter of, adjourned to chambers, 13, 14. 
 must be filed before order thereon is passed, 15. 
 where lost, copy allowed to be filed, 16. 
 practice not to file, until after heading, ib, 
 where supposed to be lost, course to be pursued, ib. 
 party having objection of form to, must be prepared to answer 
 
 merits, 18. 
 
398 GENERAL INDEX. 
 
 PWTTnON— continued. 
 
 where no jurisdiction, may be dismissed with costs, 19. 
 
 may be supported or opposed by affidavits, 21. 
 See Trustee Act, 1860, II. 
 PETITIONER. 
 
 out of jurisdiction, must give security for costs, 5. 
 
 must state residence, 7. 
 
 on marriage of, a single woman, fresh stamp dispensed with, 8. 
 
 as to non-appearance of, 11, 12. 
 
 when entitled to be heard, though contempt not cleared, 14. 
 
 PROTECTOR. 
 
 in what cases Lord Chancellor is, 302. 
 
 and when Court of Ohahoery, 302, 303. 
 
 mode of obtaining consent, i6. 
 
 where tenant for life convicted of forgery, 303, 304. 
 
 husband of married woman convicted of felony, 304. 
 
 in cases of lunacy, 303, 304, 305. 
 
 duty of the Court as, 305. 
 
 PURCHASE MONEY. See Lakds' Ciauses Act, V. 
 
 ROMILLY'S ACT (SIR SAMUEL). See Charities. 
 
 SERVICE. 
 
 as to what parties ought to be served with a petition, 9. 
 remaindermen, where numerous, need not be served, ib. 
 mode of effecting, where not personal, 9, 10. 
 care should be taken only to serve those interested, 10. 
 two clear days must elapse between service and hearing, ih. 
 where parties served, rule as to costs, 17, 18. 
 
 SETTLED ESTATES' ACTS. 
 
 I. — General Provisions. 
 
 object of, 266. 
 
 do not extend to Scotland, ib. 
 
 extend to aU settlements, without reference to date, 267. 
 
 definition of term " settlement," ib. 
 
 no provision in Acts as to fines, 274. 
 
 and no powers to effect exchanges, 275. 
 
 nor for granting sites for churches or schools, 276. 
 
 how motions under, may be made, 287. 
 II. — Leases. 
 
 nature of. Court may authorise, 268, 269, 270. 
 
 powers of lord, as to licences to grant, 270. 
 
 granted, may be surrendered, ib, 
 
 preliminary contracts as to, authorised, ib. 
 
 circumstances of estate must be shown, 270, 271. 
 
 Court directs what person shall execute as lessor, 271. 
 
 in whom powers to grant may be vested, ib. 
 
GENERAL INDEX. 399 
 
 SETTLED ESTATES' AGTB—coniMvaed. 
 II. — ^Leases — continued. 
 
 of copyhold property, 272. 
 
 meaning of expression " persons entitled," ib. 
 
 when to be settled at chambers, ib. 
 
 where legatees numerous, service dispensed with, 2^2. 
 
 model, allowed as precedents, 272, 273. 
 
 reference to conveyancing counsel, dispensed with, 273. 
 
 doubtful whether, can be directed ia cause without petition, ib. 
 
 power to grant for 600 years, given to trustees of Dissenting 
 
 chaped, ib. 
 course to be pursued on order being given to grant building, 
 
 273, 274. 
 
 III.— Sales. 
 
 of any part of settled estate, maybe authorised, 274, 276. 
 
 where for building purposes, part of consideration may be rent, 
 275. 
 
 on, earth, &c., may be excepted, 275. 
 
 part of settled estate may be laid out for streets, <fec., 276, 276. 
 
 Court may direct who are to execute conveyance, 276. 
 
 consent of trustees with power to give discharges sufficient, ib. 
 
 conveyance must be settled by judge, 277. 
 
 purchaser may at any time before completion object to jurisdic- 
 tion, ib. 
 
 particular settlement need not be specified, ib. 
 
 for purpose of laying out roads will be refused, ib. 
 
 IV.— COUKSE or Pl^lOCEDUEE. 
 
 in what manner and by whom applications should be iliade, 279, 
 
 283, 284, 285, 286, 290, 291. 
 who should concur in, and eflFect of non-concurrence, 279, 280. 
 as to consent of married woman, 291. 
 
 on application for sale, what particulars the Court requires, 288. 
 as to notices of applications, 280, 281. 
 
 application not to be granted where resort has been had to Par- 
 liament, 281. 
 notice of exercise of powers may be placed on settlement or 
 
 probate, ib. 
 how purchase-money to be applied by trustees or the Court, 
 
 281, 282. 
 in the meantime may be invested, 282. 
 restrictions to the exercise of powers under these Acts, 282, 283, 
 
 286. 
 how guardian of infant petitioner to be appointed, 284, 289, 290. 
 married woman making or concurring in apphcations under these 
 
 Acts must be examined, 284, 285. 
 married women may make or consent to any application though 
 
 infants, 285. 
 
400 GENERAL INDEX. 
 
 SETTLED ESTATES' ACTS— continued. 
 
 IV. COUESB OP PKOOBDtnBB — conUtviMd. 
 
 statements and mtituliag of petition and notices, 286. 
 how copy of petition to be obtained, 287. 
 and as to delivery of same, 287, 288. 
 directions as to advertisements, 286, 287, 288. 
 when petition to be set down for hearing, 288. 
 Coiirt must be satisfied that there has been no previous applica- 
 tion to Parliament, 288. 
 special directions may be obtained at chambers, 288, 289. 
 order to direct on what documents notice to be placed, 289. 
 lease or sale to be unimpeachable, 283. 
 how costs may be raised, ib. 
 what fees to be paid, 289. 
 
 SETTLEMENT. See Iitpant Settlbmbnt Act. 
 
 SOLICITOR. 
 
 where small sums asked to be paid to solicitor of parties, 15, 16. 
 See SoLiciTOKs' Act. 
 
 SOLICITORS' ACT. 
 
 I.- — General Provisions. 
 statement of Act, 74. 
 
 parts of, relating to jurisdiction of Court, 74, 75. 
 "Month" in, means " Calendar Month," 79. 
 ■ jurisdiction to tax parliamentary costs not taken away by 10 <fe 11 
 ■ Vict. c. 69, 80, 81. 
 does not authorise taxation of every kind of bUl of solicitor, 81. 
 compromise does not oust the Court of jurisdiction imder, 84. 
 application by married woman under, must be made by next 
 
 friend, 96. 
 applies to married woman where she has given ■undertaking to 
 
 pay out of separate estate, 96, 97. 
 pending reference, suit cannot be instituted against separate 
 
 estate, 97. 
 not within power of Court under, to take account of profits made 
 ■ by solicitor, 100. 
 
 II, — Bills of Costs. 
 
 as to delivery and taxation of, 75. 
 
 as to application for taxation of, at the expiration of one 
 
 month, ib. 
 as to order for delivery of, and giving up of documents, 76. 
 mode of enforcing the delivery of, 76, 77. 
 actual delivery of, sufficient without proof of contents, 77. 
 action on, may be commenced within the month, when, ib. 
 may be ordered to be delivered to party interested, 78. 
 of mortgagee's solicitor taxable by mortgagor, 79. 
 
GENERAL INDEX. 401 
 
 SOLICITORS' ACT— continued. 
 II. — ^BiLiiS OP Costs — contimied. 
 
 incurred in respect of an election, taxable, 80. 
 
 parUamentary charges will be allowed, ib. 
 
 charges of solicitor acting as electioneering agent, 81. 
 
 wheye solicitor retains, same presumed to be taxable, ih. 
 
 order made for taxation of, where taken away and refused to be 
 produced, ib. 
 
 not necessary to specify items of overcharge where solicitor refused 
 to produce, 82. 
 
 where payment of, obtained by undue pressure, taxable if over- 
 charges, ib. 
 
 insisting on payment of, before completion considered a " special 
 drcumstancej"' ib. 
 
 solicitor wiU not be permitted to add to undercharges, ib. 
 
 but leave given on special application to carry in an additional 
 bm, ib. 
 
 delivery of, to agent suflScient, ib. 
 
 delivery of, unsigned, accompanied by letter, sufficient, 82, 83. 
 
 where addressed to the promoters of a company, 83. 
 
 an account of dealings not connected with, cannot be obtained, ib. 
 
 where incurred by two persons, ib. 
 
 a mere volunteer acquires no right to tax, 85. 
 
 cestui que trust no right to question his trustees' retainer, 88. 
 
 special circumstance must exist at time of payment of, 89, 90. 
 
 where paid under protest to obtain some document, 90. 
 
 specific items of overcharge in, must be proved, ib. 
 
 security for, equivalent to payment of, 91. 
 
 may be taxed notwithstanding settlement under special circum- 
 stances, 91, 92. 
 
 where mistake made in particular items of, course pursued, 94. 
 
 unsigned, solicitor cannot take advantage of, 95. 
 
 but client may treat same as a nullity or not, ib. 
 
 want of signature to, does not constitute a special circumstance, 
 95, 96. 
 
 where party has paid part of, entitled to a copy, 99. 
 
 referred on account of pressure under the circumstances, 101. 
 
 paid by mortgagor ordered under the circumstances to be taxed, 
 101, 102. 
 
 failure of a solicitor to obey order for delivery of his, 102. 
 
 where a solicitor charges himself with interest held bound by his 
 entries, 103. 
 
 course pursued where solicitor offered to repay items of over- 
 charge, ib. 
 
 retainer does not amount to payment of, 105. 
 
 order to fix day for payment must be made on notice, 105, 106. 
 
 where one-sixth taxed off motion for order for payment of, 106. 
 
 items struck out are to be computed in ascertaining the reduc- 
 tion of, ib. 
 
 J) o 
 
402 GENEEAL INDEX. 
 
 SOLICITORS' AOT—contmued. 
 III. Taxation. 
 
 costs of tte reference to, 76. 
 
 special circxuustances may be certified, ih. 
 
 application by third party for, 77, 78. 
 
 where trustee, executor, or adiuiuistrator, chargeable, application 
 
 for, by party interested, 78. 
 payment not to preclude, under special circumstances within 
 
 twelve months, 78, 79. 
 officer of any other court may be required to assist in, 79. 
 how applications for, to be made, ib. 
 references to, may be made by the Vioe-OhancellOTSy ih. 
 ordered, having regard to agreement, 80. 
 
 eflect will be given to agreements as to costs out of pocket, ib. . 
 fees of solicitor acting as steward of manor not the subject of, 81. 
 business must be connected with the profession of soUoitor, ib. 
 of costs, on~ footing of agreement not permitted, 83. 
 order for, obtained by insolvent debtor discharged, ib. 
 order for, should be obtained by party by whom costs incurred, ib. 
 order for, invalidated when, 83, 84. 
 where delay, order for, cannot be obtained, 84. 
 obtained by railway committee, ib. 
 
 client resident abroad must give security for costs of, ib. 
 agreement for interest and charge on estate held not taxable, 85. 
 court caimot determine whether special agreement exists as to 
 
 mode of, ib. 
 an undertaking, will be enforced on, ib, 
 order of course for, cannot be supported on merits as a special 
 
 order, ib. 
 form of common order for, 85, 86. 
 
 on applieations for, material circumstances should not be sup- 
 pressed, 86. 
 court no jurisdiction to determine construction of special agree-. 
 
 ment, ib. 
 business transacted in Revising Barrister's Court may be 
 
 taxed, ib. 
 all the bills and not some only should be taxed, ib. 
 when further investigation necessary, ib. 
 retainer may be questioned, ib. 
 as to applying for special order where common order sufficient, 
 
 86, 87. 
 payment into court prior to application for, not now required 
 
 at the RoUs, 87. 
 where ordered after action brought client must pay costs of such 
 
 action, ib. 
 assignees ordered to pay costs of, where more than one-sixth taxed 
 
 off, ib. 
 to obtain, there must be both pressure and overcharge, ib. 
 doctrine of pressijire not to be extended, ib. 
 
GENERAL INDEX. 403 
 
 SOLICITORS' ACT— continued. 
 
 III. — ^Taxation — continued. 
 
 will be ordered, where business ought not to have been trans- 
 acted, 87. 
 as to principle of, on application of third party, 88. 
 objection in such case of payment of no force, ib. 
 after twelve months, may be directed as between trustee and 
 
 cestui que trust, ib. 
 mere probability of disallowance or reduction not sufficient to 
 
 entitle party to, 88. 
 bni held not subject to, under the circumstances, 89. 
 payment of mortgage imder protest merely held not sufficient to 
 
 authorise a, ib^ 
 bill delivered on day of completion ordered to be taxed, ib. 
 by cestui que trust, ib. 
 bni paid on delivery not alone a sufficient circumstance to 
 
 justify, 90. 
 after payment, refused under the circumstances, ih. 
 ordered, on ground of pressure and probable reduction, ib. 
 where no case of pressure or improper items petition for, wiU be 
 
 refused with costs, ib. 
 will be directed where pressure general, 90, 91. 
 refusal to allow deeds to be executed without payment sufficient 
 
 to authorise, 91. 
 if overcharges evidence fraud, slight circumstances sufficient to 
 
 authorise. Hi. 
 when application for, considered to be made, 92. 
 under the third party clause not necessary to prove pressure, ib. 
 contempt in solicitor to bring action after order for, ib. 
 where no special circumstances, common order for, may be 
 
 obtained, ib. 
 on application for common order every material circumstance 
 
 should be stated, 92, 93. 
 Court will discharge order for, where any material circumstance 
 
 suppressed,. 93. 
 order to tax two only of five bills of costs dismissed with costs, ib. 
 and order for, of two out of four bills discharged, 94. 
 where bill paid special application necessary, 93. 
 where other costs common order discharged, 93, 94. 
 costs follow result of, where special application, 94. 
 substituted service of petition for reference to, will be allowed 
 
 under special circumstances, 94, 95. 
 judgment does not bar, 96. 
 
 where joint employment special appKcation for, necessary, 96. 
 where town and coimtry solicitor concerned, how petitition for, 
 
 should be intituled, ib. 
 where no materials to make out bill no order for, made, 97. 
 where on meeting to complete payment demanded considered a 
 
 case of pressure, ib. 
 
 D D 2 
 
404 GENERAL INDEX. 
 
 SOLICITORS' ACT~contwMe,d. 
 
 III. — Taxation — continued. 
 
 of costs in cause specially agreed to be paid, 98. 
 
 petition for, on ground of pressure and overcharge dismissed 
 
 under the circumstances with costs, ib. 
 appUoation for, may be sustained where an agreed sum paid and 
 
 no regular bill made out, 98, 99. 
 agreement for payment of bills held not to preclude, 99. 
 court declined to discharge order for, though irregular, ib. 
 where lady not acting under advice of independent solicitor con- 
 sidered a case for, 99, 100. 
 special petition held unnecessary under the circumstaJices, 100. 
 special order by cestm que trust for, allowed, ib. 
 nature of pressure required to support application for, ib. 
 where petition for, presented nine months after payment, charges 
 
 must amount to evidence of fraud, ib. 
 pressure proceeding from third party with notice of solicitor, 
 
 100, 101. 
 not sufficient to exclude, that no " objection made at time of 
 
 payment, 102. 
 orders in same matter relating to, should be made in same branch 
 
 of court, ib. 
 possession of papers not a " special circumstance,'' 102, 103. 
 after payment, allowed under the circumstances on application of 
 
 residuary legatee, 103. 
 authorities will not be carried further than at present, 104. 
 there must be both overcharge and pressure, ib. 
 ordered in a mixed case of pressure and improper items, ib. 
 after payment there must be some strong circumstances to allow, 
 
 104, 105. 
 allowed, where bill paid on eve of going abroad, though eighteen 
 
 months after delivery, 105. 
 and so where gross overcharges though fifteen months after 
 
 delivery, ib. 
 overcharges need not amount to fraud, ib. 
 in case of death referecoe wiU be revived, 106. 
 as to order for, without authority, 107. 
 how to determine as to the costs of, ib. 
 court refusing prayer of petition for, does not always give the 
 
 costs, ib. 
 further time given for, on payment of costs, ib. 
 where breach of arrangement solicitor ordered to pay costs of 
 
 petition for, 107, 108. 
 as to security for costs of, 108. 
 interest now allowed on amount of taxed costs, ib. 
 deceased lunatic's estate may be charged with payment of costs 
 of lunacy inquiry, if petition for such purpose be presented 
 within six years, 108, 109, 325. 
 
GENERAL INDEX. 405 
 
 SPECIAL CASES. 
 
 object of Act relating to, 183. 
 
 may be stated for opinion of Ooiirt, ib. 
 
 under what circumstances proper, 189, 190. 
 
 an to title and statements of, 185, 186. 
 
 drawing of, and signature to, 186, 190. 
 
 full statement of facta in, must be made, 190. 
 
 but fact omitted may be stated by way of preface in order, 193. 
 
 amendment of, 192, 194. 
 
 on abatement by death, order of revivor may be obtained, 189, 
 
 note, 
 as to the hearing of, 192. 
 infant must have separate counsel, ib. 
 documents referred to may be produced and read, 189. 
 all parties interested must concur in, 190. 
 where creditor named as plaintiff in, 194, 195. 
 as to the concurrence of infants, lunatics, and femes covert, 
 
 183, 184. 
 as to the appointment of special guardians, 184, 185, 191. 
 setting down, 186, 18T, 191, 192. 
 jurisdiction under, 186. 
 nature of questions which will be determined by the Court, 187, 
 
 188, 192, 193, 194. 
 declaration in, operates as an indemnity, 188. 
 as to rehearing or appeal, 188, 189. 
 where not considered in proper form, 192. 
 as to costs of, 195, 196. 
 taking office copies of, 186. 
 may be made Us pendens, 188, 189. 
 
 STATUTES. 
 
 34 & 35 Hen. 8, c. 20, (to embar feigned recovery of lands 
 
 wherein the King is in reversion), 286. 
 36 Geo, 3, o. 90 . . . 225. 
 11 Geo. 4 & 1 Wm. 4, c. 47 . . . 215. 
 11 Geo. 4 & 1 Wm. 4, o. 65 . . . 216. 
 
 1 Wm. 4, c. 60 . . . 203, 252. 
 
 3 <k 4 Wm. 4, c. 74 . . . 224. 
 
 6 & 7 Wm. 4, 0. 86 (General Eegistry Act), 33. 
 
 1 <fe 2 Vict., c. 106 (An Act to abridge the holding of Benefices 
 
 in Plurality, and to make better provision for the 
 Residence of the Clergy), 139. 
 
 2 & 3 Vict., c. 60 . . . 216. 
 
 6 & 7 Vict., c. 82 . . . 26. 
 
 7 & 8 Vict., c. 101 .. . 168. 
 
 8 <fc 9 Viot., c. 56 . . . 293. 
 8 & 9 Vict., c. 100 .. . 256. 
 
 8 & 9 Vict., c. 113 .. . 31. 
 
 9 & 10 Vict., c. 101 .. . 293 
 
406 GENERAL INDEX. 
 
 STATUTES — corMrmed. 
 
 10 & 11 Vict., c. 69 (for the more effeeturi taxation of costs on 
 
 private bilk in the House of Oonunons), 80. 
 12 & 13 Vict., c. 68 . . . 35. 
 
 12 & 13 Vict., 0. 106 (Bankrupt Law Consolidation Act, 1849), 
 
 242. 
 
 13 & 14 Vict., o. 21 . . . 31. 
 
 13 & 14 Vict., c, 28 (Sir Samuel Morton Peto's Act), 62. 
 
 14 & 16 Vict., 0. 40 . . . 36. 
 
 14 & 15 Vict., c. 99 . . . 26, 32. 
 
 15 <fc 16 Vict., 0. 85 . . . 122. 
 
 15 & 16 Vict., c. 86 ... 8, 22, 25, 26, 29, 166, 189, 194, 
 
 229. 
 
 16 & IT Vict.,c. rO(LunacyEegulationAct, 1853), 53, 204, 244. 
 16 & 17 Vict., 0. 78 . . . 25. 
 
 16 <fc 17 Vict., 0. 134 .. . 122. 
 
 17 <fe 18 Vict., o. 82 (An Act further to improTO the administra- 
 
 tion of justice in the Court of Chancery of the County 
 Palatine of Lancaster), 254. 
 
 17 & 18 Vict., c. 126 (Common Law Procedure Act 1864), 33. 
 
 18 & 19 Vict., 0. 91 (Merchant Shipping Act Amendment Act, 
 
 1866), 198. 
 
 23 & 24 Vict., 0. 83 . . . 262. 
 
 23 (fc 24 Vict., c. 127 (An Act to amend the Laws relating to 
 Attorneys, Solicitors, Proctors, and Certificated Con- 
 veyancers), 325. 
 
 23 & 24 Vict., 0. 145 (Trustees' and Mortgagees' Act), 320. 
 
 STOCK. See Unodaimbd Stock and Dividends. 
 
 TAXATION. See Solicitors' Act, IIL 
 
 TENANT FOE LIFE. 
 
 remainderman or reversioner may require production of, 293. 
 consequences of refusal to appear by, 293, 294. 
 where abroad, 294. 
 alive, but cannot be produced, ih. 
 applicant must make a£S.davit of his title, 293. 
 Master of the Bolls no jurisdiction, 294. 
 place of production must be inserted in order, ib. 
 husband of, will be ordered to produce her, 294, 295. 
 form of order and proceedings thereon^ 295. 
 after return of commissioners no further order necessary, t6. 
 active concealment not necessary, ib. 
 as to the costs, 296. 
 See Lauds' Clauses Act, VL 
 
 TRUSTEES. 
 
 seised of lands, 210. 
 
GENERAL INDEX. 407 
 
 TRUSTEES — contitmed. 
 
 as to contingent tights vested in, 210, 211, 212. 
 
 uncertainty as to survivorship, or whether living, or dead, 211, 
 220. 
 
 intestacy of, without heir or devisee, 211. 
 
 course in such case to be pursued with reference to leaseholds, ib. 
 
 of lands, &c., refusing, 212, 213, 214, 215, 242, 250. 
 
 of stock and chosesin action, 212, 213, 214, 21?. 
 
 of charities, 218. 
 
 disclaimer by, ib. 
 
 out of jurisdiction, 218, 224. 
 
 interest of co-heir of mortgagee, 218. 
 
 as to extinct corporation, 219, 220. 
 
 meaning of words " sole trustee," 220. 
 
 as to constructive trusts, 220, 221, 222, 224, 226. 
 
 vendor a trustee after tender of conveyance, 222. 
 
 mortgagors of leaseholds for aU except last day, not, 223. 
 
 husbands of executrixes are, 224. 
 
 infant tenants in tail not, under the drcumstajiees, 226. 
 
 may disclaim by deed or by counsel at the bar, 239. 
 See Ai-poiTiorEifT ov New Tbtjstbes — Infant Trustees and Mort- 
 gagees — LuNATTC Trustees and Mortgagees — Trustee Act, 1860 
 — Tbustbbs' Relief Acts. 
 
 TRUSTEE ACT, 1850. 
 
 I. General Provisions. 
 
 definitions of words used in interpretation clause, 197, 198, 199, 
 
 200. 
 does not extend to foreign probate, 225. 
 no jurisdiction where no personal representative, ib. 
 but applies though executor has not proved, 226, 226. 
 no order wiU be made for re-transfer of stock, 242. 
 
 or for payment into Court, 254. 
 as to jurisdiction of Court of Lancast^, 241, 264. 
 powers conferred by the Lunacy Regulation Act, 1853, 244. 
 
 II, The Petition and Proceedings theeeon. 
 
 applications should be made by petition, 246. 
 
 as to intituling of, 249, 254. 
 
 aa to allegations of, 248. 
 
 who should apply, 245, 246, 251, 252, 263. 
 
 practice as to amending, 252. 
 
 affidavits in support of, ib. 
 
 service of, 262, 253, 254. 
 
 eflfect to be given to order generally, 246, 247. 
 
 must be stamped, 249. 
 
 Court may postpone making, ib. 
 
 should contain preliminary statement of facts, 249, 250. 
 
 language of pajrticular section should be adhered to, 250. 
 
408 GENERAL INDEX. 
 
 TRUSTEE ACT, l&50—eontmued. 
 
 II. — The Petition and Proceedings theebon — contimied 
 
 addresses of trustees in, when not required, 251. 
 Tvliere relating to stock or chose in action, 247, 250, 251. 
 as to copyholds, 247, 248. 
 operates as a complete indemnity, 248. 
 and is conclusive evidence, 261. 
 Court may direct inquiry at chambers, 246. 
 or a reconveyance, 249. 
 
 III. Costs. 
 
 powers of Court as to, 255. 
 
 in cases of Ivmacy, 255, 256. 
 
 payable out of mortgage debt when, 256. 
 
 of reconveyance from devisees of mortgagee, 257. 
 
 arising from mixing up of property, ib. 
 
 of corporation not payable when, 257, 258. 
 
 no order made as to, when, 258. 
 
 made a charge on the inheritance, ib. 
 
 where ought not to have been incurred, respondent cannot be 
 
 made to pay, ib. 
 of infant trustee, ib. 
 
 " incidental to, or consequent on the enquiry," 258, 259. 
 to be paid by plaiutlff where biQ filed, 259. 
 party refusing to disclaim made to pay, ib. 
 recusant trustee should not be served, ib. 
 bankrupt who is served entitled to, ib. 
 to procure surrender, 260. 
 
 See Appointment op New Trustees— ^Infant Trustees and 
 Mortgagees — Lunatic Trustees and Mortgagees — 
 Mortgagees — Trustees — Vesting Order. 
 
 TRUSTEES' RELIEF ACTS. 
 I. General Provisions. 
 
 object of, 149. 
 
 statement of, 149, 150, 161. 
 
 orders under, to be made on petition, 150, 154, 155, 156. 
 
 effect to be given to such orders, 151, 152. 
 
 exact order required should be stated, 156. 
 
 prospective order will be made, 172. 
 
 suit, if necessary, may be directed, 161, 170, 171. 
 
 fund may be dealt with as in administration suit, 174. 
 
 guardian ad litem to infant must be appointed, ib. 
 
 when application must be made at chambers, 154. 
 
 as to applications for maintenance, 153, 171. 
 
 infant made ward of Court thereby, 171, 172. 
 
 doubtful whether a question of election can be decided, 1 56. 
 
 claimant may proceed in formd pavperis, ib, 
 
GENERAL INDEX. 409 
 
 TRUSTEES' RELIEF ACTS— oonWnwed 
 I. — General Peovisions — continued. 
 
 effect of Act is to place Court in position of trustees, 168, 169. 
 
 Court may deal with adverse interests, 169. 
 
 or may set aside a deed, 167. 
 
 and generally decide matters as if on bill, 167, 168. 
 
 II. Payment into Coukt. 
 
 trustee must file affidavit before, 152. 
 
 may be cross-examined thereupon, 156. 
 
 as a general rule, affidavit should be made by all the trustees, 157. 
 
 notice must be given to persons named in affidavit, 153, 154, 164. 
 
 on, Accountant-Greneral to give necessary directions, 152, 153. 
 
 and to invest unless contrary statement, 153. 
 
 of foreign foads not permitted, 157. 
 
 nor of shares in public companies, ib. 
 
 may be made by surviving trustees, 168. 
 
 should be made to separate account, 158, 159, 160, 162, 163. 
 
 on, general jurisdiction gone, 160. 
 
 but a biU may be filed to have rights declared, ib. 
 
 may be made where charging order, 160, 161. 
 
 of amount of charge will not be allowed, 161. 
 
 no order necessary for, ib. 
 
 trustees on, thereby give up trusteeship, ib. 
 
 but does not discharge breach of trust, 161, 162. 
 
 may be made by trustees whenever they please, 162. 
 
 ordered, where surviving trustee of stock an infant, ib. 
 
 of fund belonging to married woman abroad justified, 162, 163. 
 
 also where conflicting claim between insolvent and trustees, 163. 
 
 is not, under Charitable Trusts' Act, " a suit or matter actually 
 
 pending," ib. 
 may be made where power to sell, but not to give receipts, 
 
 163, 164. 
 of surplus proceeds of mortgaged property, 164. 
 effect of, where trustees have discretionary power over fund, ib. 
 on, assignee should obtain stop order, ib. 
 discharges trustee, 164, 165. 
 trustees justified in refusing, 165. 
 allowed where settlement prepared but not executed, 170. 
 
 III. Payment out of Cottrt. 
 
 course to be pursued where petition for, by some only of the 
 parties entitled, 150, 151, 154, 156, 161, 166. 
 
 as to the parties who are to be served with the petition, 167, 169, 
 170, 174. 
 
 trustees themselves should not present, 167. 
 
 unless necessary for purpose of dealing with another fund, ib. 
 
 material parts of affidavit should be set out in, 158, 167. 
 
 to executors on discovery of debts and liabilities, directed, 168. 
 
 of accruing instalments, 169, 170. 
 
410 GENERAL INDEX. 
 
 TRUSTEES' RELIEF ACTS— conUwued. 
 
 III. — Payment otir or CotriiT — continued. 
 
 where party has remote interest, 1?0, 171. 
 
 may be directed to parties not petitioners, 171. 
 
 for benefit of lunatic, ib. 
 
 where "matter actually pending" under Charitable Trusts' Act, 
 
 172. 
 drawing up of order for, will be postponed, 'when, ib. 
 cannot be reiaisted on ground of bill about to be filed, ib. 
 where fund paid in to general account, 172, 1.7S. 
 where claim made by party adverse to settlement, 173. 
 declaration of rights may be inserted in petition for, 173. 
 to married woman without notice to husband who could not be 
 
 found, 173, 174. 
 of dividends may be made to tenants for life successively, 174. 
 on application for,' Accountant-General's certificate should be in 
 
 Court, ih. , 
 
 IV. — Costs. 
 
 refused where trustees have notice of bill, 162. 
 
 where payable by trustees, 162, 177, 180, 181. 
 
 of inquiries not payable by cestuis que trust, 168. 
 
 where trustees or executors entitled to, 175, 178. 
 
 of appearance when trustees not entitled to, 176. 
 
 when not payable out of capital, ib. 
 
 of second petition not allowed, 176, 177. 
 
 how payable on petitions by tenant for life, 177. 
 
 occasioned by act of any of the parties not allowed, ib. 
 
 where payable out of the residue, 177, 178, 181. 
 
 and where out of particular fund, 178, 179, 180. 
 
 lapsed shares directed to bear, 180. 
 
 service on trustee only sufficient under the circumstances, 178. 
 
 where parties claim no interest, 179. 
 
 of appearance, copyhold commissioners entitled to, ib. 
 
 of incumbrancers not allowed, ib. 
 
 nor of person who gave notice of claim, ib. 
 
 nor of copies of affidavits taken by trustees, 180. 
 
 where stiit instituted instead of payment into Court, 180, 181. 
 
 trustees entitled to, where fund paid in because new trustee 
 
 objected to, 181. 
 of paying in included in order for taxation, ib. 
 
 UNCLAIMED STOCK' AND DIVIDENDS. 
 
 where dividends not claimed for ten years, 299, 300. 
 
 course to be pursued where claim disputed by Bank, 300. 
 
 stock erroneously transferred, ib. 
 
 order may be rescinded, altered, or varied, ib. 
 
 as to service and costs, 300, 301. 
 
 inquiry may be made, 301. 
 
GENERAL INDEX. 411 
 
 mrCLAIMED STOCK AND DIVIDENDS— cojiimweci!. 
 equitable title. sufficient, 301. 
 where conflicting claims, ib. 
 as to accumulations, ib. 
 
 VESTING ORDER. 
 
 who should apply for, 221,. 222. 
 
 petition for, by purchaser, 222, 223. 
 
 may be made in any cause or matter, 217, 218, 221. 
 
 personal representatives entitled to, wheni 203. 
 
 will not be made, where any question to be decided, 206. 
 
 in a foreclosure suit as to mortgagee beiog trustee, 221. 
 
 where decree for specific performance, 216. 
 
 or sale directe^for payment of debts, 215. 
 
 or for any other purpose, ib. 
 may be made to dower uses, 219, 229. 
 in what cases, will be made in favour of executors, 223. 
 of choaes in action and shares, will not be made in cestui que trust 
 
 only, 224. 
 wUl be made of right to receive future dividends, 225. 
 made of lands in Canada, 226. 
 semble cannot be made against Crown in case of illegitimate 
 
 testator, 22'r. 
 form of, on appointment of new trustees, 236. 
 property should be mentioned in, generally, and not' parcel by 
 
 parcel, 239. 
 of leaseholds, made in absence of owner of reversion, ib. 
 made of leaseholds in old and new trustees as joint tenants, 240. 
 conveyance may be ordered if more convenient, 217, 219, 221, 
 
 222, 223. 
 where tenant in tail trustee, conveyance should be directed, and 
 
 not vesting order made, 223, 224. 
 where land of copyhold tenure, course to be pursued, 219, 226. 
 on sale in lots, plaintiff's solicitor directed to convey, 226, 
 . course pursued on a partition to save expense, 226, 227. 
 .when infant heir entitled to costs of, 260. 
 
 See Appointment of New Teusibbs — Infant Tbustebs and 
 
 MORTGAGEKS ^LuNATIO TkUSTEES AND MORTGAGEES MORT- 
 GAGEES — Trustees. 
 
 THE END.. 
 
LOKDOH : 
 BRADBURY AMD EVAMS, PRINTEKS, WHITEFBIARS. 
 

 
 iiiSPSi 
 
 rox.