QJcrn^U ICatu ^rlynnl IGibraty Digitized by Microsoft® Cornell University Library KD 976.3.138 1874 An eBi'ome of leading conveyancing and e 3 1924 021 776 905 Digitized by Microsoft® This book was digitized by Microsoft Corporation in cooperation witli Cornell University Libraries, 2007. You may use and print this copy in limited quantity for your personal purposes, but may not distribute or provide access to it (or modified or partial versions of it) for revenue-generating or other commercial purposes. Digitized by Microsoft® Cornell University Library The original of tliis bool< is in tlie Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924021776905 ■^ Digitizes by Microsoft® Digitized by Microsoft® Digitized by Microsoft® Digitized by Microsoft® AN EPITOME LEADING CONVEYANCING EQUITY CASES. Digitized by Microsoft® Digitized by Microsoft® AN EPITOME OF LEADING CONVEYANCING EQUITY CASES; WITH SOME SHORT NOTES THEREON CHIEFLY INTENDED AS ffiuttiE to '"STuiior's ILealJtng ©ases on ebonueganting," ant( " Sgai&ite anU ©utjox's ILealitng GCastg in (Squttg." BY JOHN. INDERMAUE, ^ SOLTOITOK (OLIPFOEDS INN PRIZEMAN, MICHAELMAS TEIIM, 1872), AUTHOR OF "AN EPITOME OF READING COMMON LAW CASES," AND " SELF-PREPARATION FOR THE FINAL EXAMINATION." SECOND EDITION. LONDON: STEVENS & HAYN-ES, BELL YARD, TEMPLE BAR. 1874. Digitized by Microsoft® LONDON : PRINTED UY WILLIAM CLOWES AND SONS, STAMFORD STREKE AND CHAEING CROSS. Digitized by Microsoft® i5a^?si.s PEEFACE YOH SECOND EDITION. A Second Edition having been called for the Compiler has carefully gone, through the woik, and enlarged the notes in various places, and has added one additional prin- cipal case, viz., that of Earl of BeaucJiamp v. Winn, on the subject of Mistake. In the same way as has been done in the Second Edition of the ' Epitome of Leading Common Law Cases,' the reference to the original report has been added to each case, and also for the use of students blank spaces are left for the purpose of making MS. notes and additions. J. L 22, CuANOERY Lane, W.C, October, 1874. m Digitized by Microsoft® Digitized by Microsoft® PREFACE TO FIRST EDITION. In the same way that his ' Epitome of Leading Common Law Cases ' is intended by the author as a guide to ' Smith's Leading Cases,' so this Epitome is meant to constitute a stepping-stone to the study of the well- known ' Leading Cases in Equity ' by Messrs. White and Tudor, and the ' Conveyancing Cases ' by Mr. Tudor, and it contains all the cases set out in those volumes — except some few which have been thought not now of so much practical importance — together with several additional ones. If it will induce the student to explore the mines of learning to be found in those valuable works the author's object will be fully attained. The Conveyancing and Equity Cases are here epito- mized together, because they generally bear such a close relationship, many of those indeed which are given in the Equity volumes, more especiall}^ bearing quite as Digitized by Microsoft® vm PEEFACE. miiL'h on Conveyancing ; thus, in the Pinal Examination at Michaelmas Term last, under the head of ' Convey- ancing,' two questions were asked directly on Messrs. White and Tudor's Equity Cases, and it is also very convenient to consider them together. J.I. 6, Danes' Jkn, Temple Bak, W.C, April, 1873. Digitized by Microsoft® INDEX TO THE OASES EPITOMIZED. PAGE ACKBOYD V. Smithson .. .. 67 Alexandbe v. Alexander .. 11 Aleyn «. Belchier .. .. 11 Atlesford (Eabl of) v. Morris 53 Anoasteb (Duke of) v. Mater 58 Bassbtt v. Noswortht .. 57 Beattchamp (Eabl of) v. Wish 90 Blandt v. Widmore .. .. 79 Bowles! (Lewis) Case .. .. 3 Bbaybeokb (Lobd) v. Inskip .. 26 Bbacb v. Duchess of Marl- BOBOUGH .. .. ..55 BsiCE V. Stokes .. .. 85 Brodib «. Barry .. ..44 . Cadell t». Palmer .. .. 15 Chanoby's Case .. .. 77 Chesterfield (Eabl of) v. Janssbk .. .. .. 53 COBBYN V. FbEKCH .. .. 17 CtTDDEB V. RtJTTBR .. .. 61 Debing V. Earl of Wikchel- SEA .. .. .. ..40 Dyer v. Dtee .. .. .. 42 Elibank (Lady) v. Mostolieu 48 Elliott v. Davenport . . 25 u. Mebryman.. .. 38 Ellison u. Ellison .. .. 33 Eyre v. Countess of Shaftes- bury ,. . .. .. 81 Pletohee v. Ashbubnee .. 67 Pox V. Bishop of Chester .. 9 V. Mackreth . . . . 34 G-aedneb v. Sheldon , . . . 21 Gaeth v. Cotton .. .. 3 GrLBNOBCHY (LoBD) V. BoSVILLE GoBDON V. Gordon Geiffiths «. Veeb Has son v. Geaham Harding v. Glynn HOOLBY V. HaTTON Howe v. Earl of Dartmouth HUGUBNIN V. BaSELEY .. Hulme v. Tenant Huntingdon v. Huntingdon Kbech v. Sandfoed Lake v. Gibson.. V. Cbaddock Landsdowne v. Landsdowne Lb Neve v. Lb Neve .. Lester v. Foxceoft . . " Leventhoepe v. Ashbie Maokeeth v. Symons .. Marsh j;. Lee .. MoBLEY ?;. Bied.. Mubbay v. Loed Elibank Pawlett v. Pawlbtt . . Peachey v. Duke of Somerset Pbnn v. Lord Baltimore pusey v. pusey Pye, Bx parte .. ElOHARDSON V. LaNGRIDGE Robinson v. Pett Russel v. Eussel Seton v. Slade Shelley's Case Sloman v. Walter Somerset (Duke of)'?;. Cook son PAGE 31 83 15 28 14 74 72 37 50 50 35 29 29 90 70 62 23 43 55 29 . 48 27 88 87 65 76 1 35 60 61 19 65 Digitized by Microsoft® INDEX TO THE CASES EPITOMIZED. PAGE FAGS Stapilton v. Stapilton 83 ToPHAM V. Dqkb of Pobtland 12 Staplbton v. Cheales . . 27 Tyrkbll's Case . 10 Steathmore (Copntess of) v. TULLETT V. AeMSTEOKG . 51 Bowes 46 Tyeeingham's Case . 6 SUBT V. PiaoT ., 8 VlNEE V. FeANCIS . 22 Talbot v. Duke of Shebws- WiLCOOKB V. WiLCOOKS .. . 79 BUET .. 76 Wild's Case . 20 TOLLET V. TOLLET H WOOLLAM V. HbAEN . 62 Note. — The edition of ' Ttidoe's Leading Cases on Convbtanoing' to which reference is made in this Epitome is the 2nd, published in 1863, and the edition of ' White and Tudoe's Leading Cases in Eqoitt ' to which reference is made is the 4th, published in 1872. Digitized by Microsoft® AN EPITOME OF LEADING CONYEYANCING AND EQUITY CASES. KICHARDSON v. LANGRIDGE. {Lead. Cas. Conv. 4.) (4 Taunt. 128.) Decided : — That if an agreement be made to let pre- mises so long as both parties live, and reserving a compen- sation accruing de die in diem, and not referable to a year or any aliquot part of a yeir, it does not create a holding from year to year, but a tenancy at will strictly so called ; but if there is a general letting at a yearly rent, though payable half-yearly or quarterly, and though nothing is said about the duration of the term, it is an implied letting from year to year. Notes. — This case shews the rule for determining when a tenancy is for years and when at will. The leaning of the Courts is always to construe the tenancy as from year to year. Although a tenancy may originally be at will, yet it may afterwards, by pay- ment of rent or other circumstances, be converted into a tenancy for years (see Epitome of Lead. 0. L. Cases, 2nd ed. 48, 49). B Digitized by Microsoft® AN EPITOME OP The proper notice to determine a yearly tenancy is six months, expiring at the end of the current year of the tenancy. A monthly tenancy merely requires a month's notice, and a weekly tenancy a week's notice ; and in the case of lodgings a reasonable notice only is required. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. LEWIS BOWLES' CASE. (Lead. Gas. Conv. 27.) (11 Co. 79 h.) The following were the chief points resolved : — 1. That a tenant in tail after possibility of issue extinct shall not be punished for waste. 2. That if a tenant for life fells timber or pulls down the house, the lessor shall have the timber ; but if the house falls down, the- particular tenant has a special pro- perty in the timber to rebuild the house. 3. That a tenant for life without impeachment of waste has as great power to do waste and convert it at his own pleasure as has a tenant in tail. 4. That the property in severed trees vests in a tenant for life without impeachment of waste. GARTH V. COTTON. (1 Lead. Cas. Eq. 697.) (1 Ves. 524, 546.) Mr. G-arth, the father of the plaintiff, was tenant of lands for ninety-nine years, if he should so long live, with- out impeachment of waste, except voluntary waste ; remainder to trustees to preserve contingent remainders ; . remainder to his first and other sons in tail ; remainder to defendant in fee. Mr, Garth (before the birth of a son) and the B 2 Digitized by Microsoft® 4 AN EPITOME OF defendant, according to an agreement, cut down timber and divided the profits between them. The plaintiff was afterwards born, and having suffered a recovery, brought this bill against defendant to refund his share of the profits of the timber received by him. Decided : — That he was so entitled to recover from the defendant. Notes on these two Cases. — The first of the above two cases is the leading case as to waste and the powers of persons having estates not of inheritance, and contains several important re- solutions, and is always referred to on the subject. The latter case is as to that kind of waste called " equitable waste." " Waste" is defined in Mr. Tudor's notes to Lewis Bowles' Case as " the destructive or material alteration of things forming an essential part of the inheritance ;" and it is either voluntary, which is by the tenant's own act, or permissive, as by letting the premises go to ruin. The remedy for waste is either by action at law or suit in equity for damages for waste already committed, or an in- junction may be obtained against future waste ; but it has been decided that in cases of permissive waste Courts of Equity cannot interfere, but the pax'ty injured must be left to his remedy at law. Waste is also divided with reference to the remedy into Legal and Equitable waste. The liability of different owners for waste stands as follows :— 1. A tenant in fee simple being as nearly as can be absolute owner of his estate, can commit any act of waste he pleases, except indeed when there is an executory devise over, when he cannot commit equitable waste. 2. A tenant in tail may also commit any act of waste, but if he becomes tenant in tail after possibility of issue extinct, he cannot commit equitable waste. 3. A tenant for life is liable for all acts of waste, and even when he holds his estate without impeachment of waste he can- not commit equitable waste. 4. A tenant fi-om year to year is also, of course, liable for waste, Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 5 but as to permissive waste, all he is bound to do is fail- and tenantable repairs, to keep the house wind and water tight, not any substantial or lasting repairs. By the Judicature Act, 1873 (36 & 37 Vict. c. 66), s. 25 (3), it is provided that " an estate for Hie without impeachment of waste shall not confer or be deemed to have conferred upon the tenant for life any legal right to commit waste of the description known as equitable waste unless an Intention to confer such right shall expressly appear by the instrument creating such estate." Digitized by Microsoft® AN EPITOME OF TYRRINGHAM'S CASE. {Lead. Oas. Conv. 101.) (4 Co. 36 a.) The following were the chief points resolved : — 1. That prescription does not make a thing appendant to another unless it agree in nature and quality with it, as a thing corporeal cannot be appendant to another corporeal thing, nor vice versa. 2. That common appendant is of common right, and need not be prescribed for ; but that it only belongs to ancient arable land, and for horses and oxen to plough, and cows and sheep to manure the land. 3. Common appendant is apportionable, but not com- mon appurtenant. 4. Unity of possession of the whole land is an extin- guishment of common appendant. 5. Common appendant remains, though a house be after- wards built on the land, or the arable land be afterwards converted into pasture; but in pleading it ought to be prescribed for as appendant to land. Notes. — The above case is the leading authority as to common and rights of common. In Mr. Tudor's notes to this case a right of common is defined as " a right which one person has of taking some part of the produce of land, whUe the whole property of the land itself is vested in another." There are properly four kinds of common, viz. ; (1) Common of pasture ; (2) Common of piscary ; (3) Common of turbary ; and (4) Common of estovers ; and to these is sometimes added a fifth sort, viz.. Common in the Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 7 soil. Common of pastm-e, wkich is tte most usual and important sort, may be either (1) Appendant, (2) Appurtenant, (3) Because of Ticinage, or (4) In gross. The time for which a right of common must be enjoyed to constitute a good title to it is that it must be held for thirty years, after which it is only defeasible by reason of disability, and after sixty years it is indefeasible unless the holding be by consent given by deed or writing (2 & 3 Will. 4, c. 71). Digitized by Microsoft® AN EPITOME OF SUEY V. PIGOT. (Lead. Cas. Conv. 127.) {Poph. 166.) The following were the chief points determined : — 1. That a watercourse having its origin ex jure naturw, and not from grant or prescription, is not extinguished by- unity of possession ; but 2. A right of way, having its origin either by grant or prescription, will be extinguished by unity of possession, unless it be a way of necessity, as a way to market or church. Notes. — This case is tlie leading authority upon the law of ease- ments. An easement is defined by Mr. Tudor in his notes to the case as " a right which the owner of one tenement, which is called the dominant tenement, has over another which is called the servient tenement, to compel the owner thereof to permit to he done, or to refrain from doing, something on such tenement for the advantage of the former." Easements may arise by expi'ess or implied grant, or by prescription, or by Act of Pai-liament. The time for which enjoyment of an easement must be had to constitute a good title is fixed by the same statute as applies to rights of common, viz., 2 & 3 "Will, 4, c. 71. By that statute twenty years' uninterrupted enjoyment is to confer a title, except in the case of disability, and the right is to be absolute after f oi-ty years unless the holding is by consent given by deed or wi'iting. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. FOX V. BISHOP OF CHESTER. {Lead. Gas. Conv. 190.) (6 Bing. 1.) Here, whilst the incumbent of the living was in extremis, but before he died, the next presentation was sold, but without the privity of, and without any intention to pre- sent, the particular clerk to the church when vacant. Decided : — That this sale was not void on the ground of simony. Notes. — But had the sale been when the living was actually- vacant, it would have been simoniacal and bad. It may be useful to here notice the subject of Resignation Bonds. These are bonds by which a minister is appointed to a living on his agreeing to resign it in a certain person's favour, and they are frequently had recourse to when the patron has some relative he may wish to present the living to, but who is not yet ordained, or some other circumstances render it impossible for him to take to the living at once. A general resignation bond is bad, but by 9 Geo. 4, c. 94, such a bond is to be good if in favour of any one person named, or one of two persons, each being by blood or marriage an uncle, son, grandson, brother, nephew, or grandnephew of the patron or one of the patrons. One part of the instrument by which the engagement is made must be depo- sited within two calendar months in the office of the registrar of the diocese, and the resignation must refer to the engagement, and state for whose benefit it is made. Digitized by Microsoft® 10 AN EPITOME OF TYRRELL'S CASE. {Lead. Oas. Conv. 274.) {Dyer, 155 a.) Decided : — That there cannot be a use upon a use. Notes.— The Statxite of Uses (27 Hen. 8, c. 10) provided, that ■wLere any persons stonld stand seised of any hereditaments to the use, confidence, or trust of any other persons, &c., the per- sons, &o., who had any such use, confidence, or trust should be deemed in lawful seisin and possession of the same hereditaments for such estates as they had in the use, trust, or confidence. The^ above case decided that the statute executing the first use declared subsequent uses were void; and it was in consequence of this that the Court of Chancery stepped in, and thus arose the modem doctrine of uses and trusts. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 11 ALEXANDEE v. ALEXANDER. (Lead. Cas. Conv. 330.) (2 Ves. 640.) Here, under a power to appoint amongst children, the appointor had appointed part to children and part to grandchildren. Decided : — That the appointment to grand- children was bad ; but that a power may be good and bad in part, and the excess only void, where the execution is complete and the bounds between it and the excess clear. TOLLET V. TOLLET. • (1 Lead. Cas. Eq. 227.) (2 P. Wms. 489.) Here a husband had a power to make a jointure to his wife by deed, and he did it by will, and she had no other provision. Decided : — That Equity will make this defec- tive execution good ; but that it would not assist in the case of non-execution of a power. ALEYN V. BELCHIEE. (1 Lead. Cas. Eq. 377.) (1 Men, 132.J Here a power of jointuring was executed in favour of a w^fe, but with an agreement that the wife should only re- Digitized by Microsoft® 12 AN EPITOME OF ceive a part as an annuity for her own benefit, and that the residue should be applied to the payment of the hus- band's debts. Decided : — That this was a fraud upon the power, and the execution was set aside, except so far as related to the annuity, the bill containing a submission to pay it, and only seeking relief against the other objects of the appointment. TOPHAM V. DUKE OF PORTLAND. (1 De a. J. & 8. 517.) Here the donee of a power, appointing portions in pursuance thereof, appointed a double share to one of the objects of the power without any previous communication with him, but the instructions with reference to such double share were that half should be held upon a certain trust ; and soon after the appointment the appointee executed a deed settling the moiety accordingly. Decided : — That the purpose of the appointment as to the moiety, though uncommunicated, vitiated it as to that portion, but as to that portion only. The rights of persons entitled in default of appointment under a power, can be defeated only by its hand fide exercise. Notes on these foii/r Cases. — These cases are here placed togetlier for convenience as all bearing on the same general subject, the first as to the result of an excessive execution of a power, the second as shewing that Equity will assist in the case of defective execution of a power, and the remaining two as being both lead- ing authorities as to what acts will be considered frauds upon powers. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 13 With regard to tlie defective execution of a power relief will be given in Equity in favour of any of the following: — (1) A charity ; (2) A purchaser ; (3) A creditor ; (4) An intended hus- band ; (5) A wife ; (6) A legitimate child ; where in each case the defect is not of the very essence of the power. Notwithstanding the decision in Toilet v. Toilet, that relief will not be given in the case of non-execution of a power, there are two cases in which such relief will be given, viz. : (1) Where the execution has been prevented by fraud ; and (2) Where the power is coupled with a ti-ust ; and an instance of this latter appears in the case of Harding Glynn [infra], though the principal decision in that case was on another point. Powers may be described as methods of causing a use with its accompanying estate to spring up at the will of any given person (Wms. Real Property, 9th ed. 283). They have been divided as of three kinds, viz. -. Appendant, In gross, and Collateral. A power appendant is where the person to whom the power is given has an interest in the estate to which it is annexed ; a power in gross is where a person having an interest in the land has power to ci'eate an interest therein, but only to take effect after the determination of his own interest. Either powers appendant or in gross may be def easanced or released. Powers collateral are those given to a person taking no interest in the land, and are in the natui-e of trusts, so that they cannot be extinguished or destroyed, and Equity will give assistance in the case of non-execution of such powers (see Tudor's Ldg. Cases, Convyg.) Powers may also be divided into General and Special Powers, the former being where there is a general power to appoint in favour of any person, and the latter wliere the appointment is limited to a particular class ; and with regard to these there is this important difference as regards the rule against pei-petuities : genera] powers having no tendency to perpetuity, the time of vesting is reckoned, not from the creation but from the execution of the power, but special powers having such a tendency, the time of vesting runs from the instrument creating the power (1 Sugd. Powers, 7th ed. 472). Digitized by Microsoft® 14 AN EPITOME OF HARDING V. GLYNN. (2 Lead. Gas. Eq. 946.) (1 Atk. 469.) A testator by his will gave personal property to his wife, but did desire her, at or before her death, to give the same unto and amongst such of his own relations as she should think most deserving and approve of. Decided : — That the wife was only intended to take beneficially during her life, .and that so much of the property not disposed of in accordance with the power ought to be divided equally amongst such of the relations of the testator as were his next of kin at the time of his wife's death. Notes. — In the above ease words whieli merely expressed the wish, or desire of the testator were held to constitute a trust, and frequently it is very difficult to determine when and when not a trust win be created by words of that nature. The general rule is, that where property is given absolutely, accompanied with words of recommendation, entreaty, or wish that the donee will dispose of that property in favour of another, such words shall be held to create a trust; but (1) the words must be so used that upon the whole they ought to be construed as im- perative ; (2) the subject of the recommendation or wish must be certain; and (3) the objects of the recommendation or wish mxist be certain. Words of recommendation, &c., wiU not be construed as imperative if an intention appear in any part of the will to give the devisee a right or power to spend the property. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 15 CADELL V. PALMEB. {Lead. Cas. Conv. 360.) (1 GlarJc & Finelly, 372.) Decided : — That a limitation by way of executory devise, which is not to take effept until after the determination of a life or lives in being, and a term of twenty-one years as a term in gross, and without reference to the infancy of any person, is a valid limitation ; a period for gestation to be allowed in those cases in which it actually exists ; but not otherwise. GRIFFITHS V. VERB. {Lead. Cas. Conv. 430 ) (9 Yes. 127.) Decided : — That a trust by will for accumulation during a life, contrary to the Thellusson Act (39 & 40 Geo. 3, c. 98), is good for twenty-one years by that statute. Notes on these two Cases. — In Cadell v. Palmer the limits of the rule against perpetuities were finally ascertained and marked out. The accumulation of the income of property, and the suspension of all enjoyment of it, might be directed for the same period as the suspension of its alienation or vesting ; but in consequence of the extraordinary will of Mr. Thellusson, which provided for the ac- cumulation of the income of his property for a long period, but yet strictly within the time allowed for the creation of executory interests, the statute 39 & 40 Geo. 3, c. 98, was passed. This statute forbids the accumulation of income for any longer periods Digitized by Microsoft® 16 AN EPITOME OF than (1) the life or lives of the grantor or grantors, settlor or settlors ; or (2), the term of twenty-one years from the death of any such grantor, settlor, devisor, or testator ; or (3), during the minority or respective minorities of any person or persons who shall be living, or in ventre sa mere at the time of the death of such grantor, devisor, or testator ; or (4), during the minority or respective minorities only of any person or persons who under the deed, surrender, will, or other assurance directing such accumula- tions, would for the time being, if of fuU age, be entitled to the rents, issues, and profits, or the interest, dividends, or annual produce so directed to be accumulated. QriffUhs v. Vere is the leading case upon the construction of this statute, and shews that although the trust for accumulation may exceed the periods allowed by this statute, yet it shaU be good for twenty-one years. But it is important to remember that if a dii-ection to accumulate exceeds the limit allowed for the creation of executory interests, it is altogether void and not good even for the twenty-one years. The reason is, that this would have been so before the 39 & 40 Geo. 3, c. 98, and that statute is not an enabling, but a restraining Act only. Section 2 of 39 & 40 Geo. 3, c. 98, provides that nothing therein contained shall extend to (1) any provision for payment of debts or (2), any provision for raising portions for any child or children of any grantor, settlor, or devisor, or any child or children of any person taking any interest under any such conveyance settlement, or devise ; or (3), any direction touching the produce of timber or wood upon any lands or tenements. Digitized by Microsoft® LEADING CONVEYAiJOIlSrG AND EQUITY CASES. 17 CORBYN V. FBENCH. {Lead. Cas. Conv. 456.) (4 Ves. 418.) John Brown by his will bequeathed £500 to the trustees of a chapel, to be applied by them towards the discharge of a mortgage on the said chapel. Decided : — That this legacy was void under 9 Geo. 2, c. 36. Notes. — Statute 9 Geo. 2, c. 36 (The Mortmain Act), provided ttat no land or money or stock to be laid out in purciasing land should be. settled for charitable uses unless (1) by deed indented, sealed and delivered in the presence of two or more witnesses ; (2), executed twelve calendar months before death of grantor ; (3), inroUed in Chancery within six calendar months after execu- tion ; and (4), made to take effect in possession immediately from the making, without any reservation or limitation for the benefit of grantor or any person claiming under him, and as to such stock unless it should be transferred six calendar months before the death of the grantor. But in the case of a purchase for valu- able consideration actually paid at or hefore the making of the conveyance or transfer, the provisions for execution twelve calendar months befoi'e grantor's death, and transfer of stock six calendar months before death, are not to apply. Gifts to either of the two universities, or to the colleges of Eton, Win- chester, or Westminster, for the better support of the scholars upon the foundations of such colleges are excepted from the operation of the statute. 24 Vict. c. 9, does away with the necessity of indenting the deed, and allows of the reservation of a nominal rent and some other reservations, and provides that the assurance shall not be void by reason, in the case of a sale for full and valuable conside- ration, of such consideration consisting wholly or in part of a rent-charge or other annual payment. But in all reservations C Digitized by Microsoft® 18 AN EPITOME OF allowed by the Act tte vendor must reserve the same benefit for his representatives as for himself. Although this Act allowed the valuable consideration to consist of a rent-charge, yet there was nothing in it to preserve a con- veyance reserving such rent from becoming void by the decease of the vendor within twelve calendar months from the date of the deed. 27 Tict. c. 13, therefore provides that any f uU and valuable consideration, consisting in whole or in part of a rent or other annual payment, shall be as valid as if actually paid at or before the making of the conveyance. 33 & 34 Vict. c. 34, provides that all corporations and trustees holding moneys in trust for any public or charitable purpose may purchase land in accordance with their trust without being deemed to have infringed the Mortmain Act. 34 Vict. c. 13, exempts from the operation of the Mortmain Act gifts and bequests of land or money to pui-chase lands for the purposes of (1) Parks ; (2) School-houses or elementary schools ; and (3) PubKc museums ; but provides that the instrument, if voluntary, must be executed twelve calendar months before the death of the testator or grantor, and be inrolled with the Charity Commissioners within six months after coming into operation ; and gifts by will are limited to twenty .acres for one park, two acres for one museum, and one acre for one school-house. 35 & 36 Vict. c. 24, provides for the incorporation of trustees of charities by application to the Charity Commissioners, and for their then becoming a corporate body with perpetual succession, and with power to acquire and hold property; but it expressly provides (s. 1) that nothing therein contained shall be taken or construed to extend, modify, or control any of the provisions of 9 Geo. 2, c. 36, or to make valid any gift, grant, or purchase which would be invalid under that Act. The above are the most important statutes on the subject of mortmain ; but further exceptions to the Mortmain Act exist in favour of sites for schools, literary and scientific institutions, and some other objects. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 19 SHELLEY'S CASE. {Lead. Oas. Conv. 507.) (1 Co. 93 h.) Decided : — That where the ancestor takes an estate of freehold, and in the same gift or conYeyance an estate is limited, either mediately or immediately, to his heirs or the heirs of his body, the word " heirs " is a word of limi- tation, and not of purchase ; so that the ancestor takes the whole estate comprised in the term : that is to say, in the first case, an estate in fee simple ; in the second an estate in fee tail. Notes. — The above " Rule in Shelley's Case " applies to equitable as well as legal estates ; but wbere one limitation is legal and tbe other equitable it does not apply. 2 Digitized by Microsoft® 20 AN EPITOME OF WILD'S CASE. (Lead. Cas. Oonv. 581.) (6 Oo. 16 J.) Decided : — That where there is a devise to a person and his children or issue, and he has no issue at the time of the devise, there such person will take an estate tail. Notes. — TMs decision is known as the " Rtde in Wild's Case,'' and the reason of it is, that as the devisor evidently intended that the devisee's children should take, and they cannot take as imme- diate devisees, for they are not in existence, nor by way of re- mainder, because that was not intended ; the words shall be taken as words of limitation. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 21 GARDNER v. SHELDON. {Lead. Cas. Oonv. 541.) ' ( Vaughan, 259.) Decided: — That a devise to B. after the death of A. gives A. an estate for life by implication, if B. he heir-at- law of testator ; but no estate if he be not heir-at-law. An heir-at-law cannot be disinherited except by neces- sary implication. Notes. — The reason of the above decision is, that if B. is not the heir-at-law, it might possibly be considered that the testator in- tended that during A.'s life the property should descend to his heir-at-law ; but if the subsequent devise be to the heir-at-law, it could not be so considered. However, even in this case no estate by implication will arise if thei'e be a residuary devise, for then it might be considered that it was meant that the residuary devisee should take. Digitized by Microsoft® 22 AN EPITOME OF VINER V. FRANCIS. {Lead. Gas. Com. 702.) (2 Cox, 190.) Here a testator bequeathed unto the children of his late sister the sum of £2000, to be equally divided among them, and the question was, what children should take. Bedded : — That those children should take who were living at the death of the testator. Notes. — It may be useful here to state shortly tte rules for con- struction of testamentary gifts to children : — (1) That an immediate gift to children, whether of a living or a deceased person, comprehends all those living at testator's death, and those only. (2) That where a particular interest is carved out, with a gift over to the children of any person, such gift will embrace not only those living at testator's death, but all who come into existence before the period of distribution. (3) That where the period of distribution is postponed until the attainment of a given age by the children, the gift will apply to all who come into existence before the first child attains that age. (4) That where there is an immediate gift to children by will, and at the period when distribution takes place there are no children in existence, all the childi'en born at any future period will take. (6) The words " to be born " will have the effect of extending the gift to all the children who shall ever come into existence. (2 Jarman on WQls, 3rd ed. 142, 165.) Digitized by Microsoft® LEADING OONVEYANCING AND EQUITY CASES. 23 LEVENTHORPE v. ASHBIE. {Lead. Cas. Gonv. 763.) {Bone's Abr. 8Zl, pi A.) A. devised a term of years to B. and the heirs male of his body begotten. Bedded: — -That B. was absolutely entitled to the term, and that on his death it went to his executors. Notes. — It is now well established, in accordance with the above case, that a bequest to a person of chattels, whether real or per- sonal, in such terms as would in the case of a devise of real estate have oonfen'ed upon him an estate tail, will as a general rule give him an absolute interest, which on his death will go, not to his heir in tail, but to his personal representative. There can, indeed, in personal property be no estate, for such property is essentially the subject of absolute ownership, and besides the fact of a grant to one and the heirs of his body conferring an absolute interest, so even if any chattel be assigned to one for his life, that person will at once become entitled at law to the whole, and this would be so even were the chattel a term of years of any length. To this rule there is an exception in the case of a bequest of a term of years to one for life, for on the death of the legatee for life the term is held to shift away and to vest in the person next entitled by way of executory bequest ; and although the above- mentioned strict doctrine of the indivisibility of chattels is re- taiued in the Court of Law, yet it is not now observed in Equity, for there the object is to carry out the intention of the parties ; and if a chattel is given to A. for life, and afterwards to B., B. has a vested interest in remainder which he may dispose of at pleasure; and if moveable goods are thus given, the Court will Digitized by Microsoft® 24 AN EPITOME OF compel the life owner to furnish and sign an inventory of the goods, and undertake to take proper care of them ; but if the gift is of articles quae ipse usu conswmwntwr, as wines, &c., this will always vest in the first donee the absolute interest (see Wms. Psnl. Ppy., 7th ed. 261, 262.) Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 25 ELLIOTT V. DAVENPORT. (Lead. Oas. Oonv. 803.) (1 P. Wms. 83.) Testatrix by her will bequeathed unto Sir William Elliott, his executors, administrators, and assigns, the sum of £400 which he owed her, provided that he should there- out pay several sums to his children ; and she directed her executors to deliver up the security and not to claim any part of the debt, but to give such release as the said Sir William Elliott should think fit. Sir W. Elliott died in the lifetime of testatrix. Decided: — That this was a lapsed legacy; and it was admitted on both sides and agreed to by the Court, that the mere addition of the words " executors, administrators, and assigns," will not prevent a lapse, for they are but surplusage. Notes. — The same doctrine applies to a limitation to a man " and his heirs." A mere declaration that a gift shall not lapse will have no effect if there he no substitution for the person dying in testator's lifetime ; hut if, together with such a declaration, the gift is to a person and his executors, &c., this will prevent a lapse. The intention of substitution also will be implied, and a lapse thus prevented, where there is a gift to a person "or" his personal representatives. It must be borne in mind that by 1 Vict. c. 26, ss. 32 & 33, no lapse is to occur (1) in the case of the devise of an estate tail where any issue are living at testator's death who would be in- heritable under stich entail, and (2) in the case of a devise or bequest to a child or other issue of the testator who dies leaving issue living at testator's death. Digitized by Microsoft® 26 AN EPITOME OF LOED BBAYBEOKE v. INSKIP. {Lead. Oas. Com. 876.) (8 Ves. 417.) Bedded: — That by a devise in general terms a trust estate will pass, unless an intention to the contrary can be inferred from expressions in the will, or the purposes or objects of the testator. Digitized by Microsoft® LEADING CONVEYAKCING AND EQUITY CASES. 27 PAWLETT V. PAWLETT. {Lead. Oas. Gonv. 720.) (1 Vern. 321.) Lord Pawlett, by settlement, limited certain lands for the purpose (amongst other things) of raising portions for younger children, payable at twenty-one or marriage. One of tlie 'daughters died under twenty-one, and un- married, and her administratrix instituted this suit to obtain payment of her portion. Decided : — That her por- tion should not be raised for the benefit of her adminis- tratrix, though it would have been otherwise in the case of a legacy. STAPLETON v CHEALES. {Lead. Oas. Conv. 724.) {Free. Chan. 317.) Decided: — (1) That if a legacy is bequeathed to an infant "payable" or " to be paid" at the age of twenty-one years, it is a vested interest, the time of payment only being postponed, so that it shall go to the personal repre- sentatives of the infant, though he die before that age. (2) But if a legacy is bequeathed to an infant "at" twenty-one, or " if " or " when " he shall attain the age of twenty-one, this is a contingency, and if the legatee dies before the appointed age the legacy is lapsed and shall not go to the personal representatives, unless interest is given in the meantime. Digitized by Microsoft® 28 AN EPITOME OF HANSON V. GEAHA.M. (lead. Oas. Oonv. 726.) (6 Ves. 239.) Decided : — That the word " when " standing alone and unqualified in a will is conditional ; but that it may be controlled by expressions and circumstances, so as to post- pone not the vesting but the payment only, as where the interest of the legacy in the interval is directed to be laid out at the discretion of the executors for the benefit of the legatees. Notes on these three Cases. — Tlie case of Pawlett v. Pawlett goes to shew that wlien the party to be benefited dies a portion shall not be raised, though a legacy under similar circumstances would ; while the two latter cases shew when it is that a legacy will be considered an actually vested interest, with payrnent only post- poned, and when it will be but a contingency. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY OASES. 29 MOKLEY V. BIED. (Lead. Gas. Gonv. 778.) (3 Ves. 629.) Decided: — That notwithstanding the leaning of the Court to a tenancy in common, in preference to a joint tenancy, an interest simply given to two or more, either by way of legacy or otherwise, is joint, unless there are words of severance, as "equally among," or words to the like effect, or unless an inference of that sort arises in Equity from the nature of the transaction, as in partner- ship, &c. LAKE V, GIBSON. LAKE V. CRADDOCK. (1 Lead. Gas. Eq. 177.) (1 Eq. Gas. Ah. 294, :pl. 3.) Here five persons purchased West Thorock Level from the commissioners of the sewers, and the conveyance was to them as joint tenants in fee, but they contributed rate- ably to the purchase, which was to the intent of draining the level. Several of them died. Decided : — That they were tenants in common in equity, for the purchase was for the purpose of a joint undertaking ; and though one of these five persons deserted the partner- ship for thirty years, yet he was afterwards let in on terms. Notes on these two Cases. — Morley v. Bird decides that wtere property is given to several without anything else, that must be a Digitized by Microsoft® 30 AN EPITOME OF joint tenancy ; and Lake v. Oibson and Lake v. Craddook shew the leaning of Equity to a tenancy in common, and that a purchase for a joint undertaking, though the conveyance be to the parties as joint tenants, will constitute a tenancy in common ; and this decision forcibly illustrates the maxim, " Equality is equity." Although, if persons purchase an estate and pay equal portions of the purchase-money, and take a conveyance in their joint names, this is a joint tenancy (unless for the pui'pose of some joint undertaking), yet if the purchase-money is paid is wneqaal proportions, there will be no survivorship, but they hold the estate in proportion to the sum which each advanced; and in the case of a mortgage to two or more jointly, even though the money is advanced equally, there is no sui-vivorship, but the survivor or survivors will be a trustee or trustees for the personal represen- tatives of the deceased. And the purchase by joint mortgagees of the equity of redemption is unlike an ordinary joint purchase, for they will in Equity still be tenants in common, because the pui'chase is founded on the mortgage. Notwithstanding the leaning of the Court of Equity to a tenancy in common as giving i-eally the true equality, yet if property, instead of having been purchased for a partnership, has been devised to the partners as joint tenants, and used by them for partnership purposes, they will stiU be joint tenants, and not tenants in common, unless by express agreement, or by their course of dealing with it for a long period, an inten- tion to sever the joint tenancy may be inferred (see W. & T.'s Lead. Gas. vol. i. 191). Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 31 LORD GLENORCHY v. BOSVILLE. (1 Uad. Cas. Eq. 1.) (^Qas. temp. Talbot, 3.) Here Sir Thomas Pershall devised real estates to trustees upon trust, upon the happening of the marriage of his granddaughter Arabella Pershall, to convey the said estates with all convenient speed to the use of the said Arabella Pershall for life, remainder to husband for life, remainder to the issue of her body, with remainder over. Decided : — That though Arabella Pershall would have taken an estate tail had it been the case of an immediate devise, yet that the trust being executory, was to be executed in a more careful and more accurate manner, and that a conveyance to Arabella Pershall for life, remainder to her husband for life, with remainder to their first and every other son, with remainder to the daughters, would best serve the testator's intent. Notes. — The above case clearly shews the distinction between executed and executory trusts. In SneU's ' Principles of Equity ' an executed trust is defined as one "when no act is necessary to be done to give effect to it, the trust being finally declared by the instrument creating it," and an executory trust as "a trust raised either by stipulation or direction in express terms, or by necessary implication to make a settlement or assurance to uses or upon trusts which are indicated in, but do not appear to be finally declared by, the instrument containing such stipu- lation or direction." The distinction between these two kinds of trusts forms the best illustration that can be given of the true meaning of the maxim, " Equity follows the Law ;" for as Digitized by Microsoft® 32 AN EPITOME OF regards an executed trust, the same construction will be put on it in Equity as at Law ; but as regards an executory trust only, wliei'e an analogy plainly subsists, and there is no equitable reason to deviate from the rule. A very material distinction should here be noted between trusts executory in marriage articles and trusts executory in wills; for in the former, from the nature of the transaction, the intention of the parties can always be presumed, whilst in the latter it can only be gathered from the words used in the win ; and therefore in wills very frequently a construction must be put on such a trust according to the literal meaning, because there is nothing to guide one to any other construction, though if the same words had been used in marriage articles, the construction would have been different, the object of the marriage articles forming a guide to the intention. With regard to marriage articles it may be observed, that where there are articles entered into before marriage, and after marriage a settlement is executed, the articles govern ; but where both the articles and the settlement are made before the marriage, the parties are concluded by the settlement, unless it recites that it is made in pursuance of the articles, when it will be made subsei-vient to them (see Legg v. Goldmire, 1 Lead. Gas. Eq. 17). Digitized by Microsoft® LEADING CONVETANCING AND EQUITY CASES. 33 ELLISON V. ELLISON. (1 Lead. Cas. Eq. 245.) (6 Ves. 656.) Decided : — That there is this distinction as to volunteers, viz. : The assistance of the Court cannot be had without consideration, to constitute a party cestui que trust, as upon a mere voluntary covenant to transfer stock ; but if the legal conveyance is actually made constituting the relation of trustee and cestui que trust, as if the stock is actually transferred, though without consideration, the equitable interest will be enforced.' Notes. — Where a settlor actually constitutes himself a trustee for volunteers, a Court of Equity will enforce the trusts declared; and such cases as these must be carefully distinguished from those in which it is intended to confer upon persons the whole interest without trustees ; thus, if a person disposes of property infor- mally in favoui- of a volunteer, no assistance will be given iu Equity, but if he simply declares himself to be a trustee of that property, a complete trust is created, and the Court will act upon it. A conveyance or a deolai'ation of tmst in favour of a volunteer cannot be revoked or avoided, except that in the case of an assign- ment of property in favour of creditors it is revocable until the creditors have assented to the trust, and this whether they are individually named or not. It must be borne in mind that although, as decided in the above case. Equity wiU not enforce any executory trust raised by covenant or agreement unless there is a valuable consideration, yet that this does not apply to executory trusts arising under wills, for those will be carried out. Digitized by Microsoft® 34 AN EPITOME OF FOX V. MACKEETH. (1 Lead. Cas. Eq. 115.) (2 Cox, 320.) In this case, the defendant Mackreth, being a trustee for the plaintiff Fox of certain property, agreed to buy such property of him for a sum of £39,500, and such agreement was duly carried out by conveyances being sub- sequently executed. Mackreth immediately afterwards sold the property to a Mr. Page for £50,500, and the plaintiff discovering this, filed his biU to have advantage of it. Decided : — that Mackreth having purchased the estate from his cestui que trust while the relation of trustee and cestui que trust continued to subsist between them, and without having communicated to the plaintiff the value of the estate acquired by him as trustee', he must be and was declared a constructive trustee as to the sums produced by the sale to Mr. Page. Notes. — The true ground of the above decision was not the under- value, but, as stated above ; but it must be noted that a trustee can purchase from a cestui que trust who is sui juris, and has discharged him from all the obligations which attached to him as trustee ; but even then any such transaction will be viewed by the Court with jealousy. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 35 KEECH V. SANDFORD. (1 Lead. Gas. Eq. 44.) (Select Cos. in Chancery, 61.) Here the lease of Kumford Market had been bequeathed to B. in trust for an infant. B. before the expiration of the term applied to the lessor for a renewal of the lease for the benefit of the infant, and this was refused. B. then got a lease made to himself. On this suit being brought by the infant to have the lease assigned to him, Bedded : That B. was a trustee of the lease for the infant and must assign the same to him. ROBINSON V. PETT. (2 Lead. Cas. Eq. 238.) (3 P. Wms. 132.) Bedded : — That the Court never allows an executor or trustee for his time and trouble ; neither will it alter the case that the executor renounces, and yet is assisting to the executorship ; and this, even though it appears that the executor or trustee has benefited the trust to the prejudice of his own affairs. Notes on these two Cases. — The above two cases are here placed to immediately follow Fox v. Mackreih, as although that case certainly bears on a subject that they do not, viz., pwchases by a trustee, yet they all in common are decisions on the position of a D 2 Digitized by Microsoft® 36 AN EPITOME OP trustee, and go to shew that he can make no profit from his trust. If he does so, he becomes a constructiYe trustee of that profit for his cestui que trust. A fair contract between trustees or executors and their cestui que trust to receive some compensation for acting is, however, good. "Where an executor or trustee is a solicitor, the proper course is to expressly authorize him by the trust instrument to make his proper professional charges, and if he is so authorized he is en- titled to do so ; but even here he is only allowed for strict pro- fessional duties, and would not be allowed charge for doing acts which a trustee or executor would ordinarily do personally with- out employing a solicitor. If a solicitor is appointed trustee without the proper provision being made for his charges, the rule is just the same as if he were a private person, viz., that he can charge nothing but reasonable expenses out of pocket. However, it has been decided that where one of several trustees is a solicitor, he may be employed by his co-trustees in the trust affairs, and make the usual charges if this does not increase the costs (Cradoch v. Piper, 15 L. T. Rep. 61) ; and it has also been held that if a trustee is one of a firm of solicitors his partners may do the trust business and make professional charges against the trust estate (Clarh v. Carlon, 4 L. T. Rep. (N.S.) 361). Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 37 HUGUENIN V. BASELEY. (2 Lead. Cas. Sq. 556.) (14 Ves. 273.) Here the plaintiff, Mrs. Huguenin, whilst a widow, con- stituted the defendant her agent, and he undertook the management of her property and affairs; and she after- wards executed a Toluntary settlement in favour of him and his family. Mrs. Huguenin having now married, this suit was brought by her and her husband for the purpose of setting aside the settlement. Decided: — That the settlement should be set aside as obtained by undue influ- ence and abused confidence in the defendant as an agent undertaking the management of her affairs ; upon the principles of public policy and utility, applicable to the relation of guardian and ward. Notes. — The above case forms an instance of a constructive fraud, and proceeds upon the ground of the confidential relation existing between the pai-ties ; for it is a rule, that when any such confidence exists, and the party in whom it is reposed makes use of it to obtain an advantage to himself at the expense of the party confiding,^ he will never be allowed to retain any such advantage, however unimpeachable such transaction would have been if no such confidence had existed. Digitized by Microsoft® 38 AN EPITOME OF ELLIOTT V. MEERYMAN. (1 Lead. Gas. Eq. 59.) (jBamardiston's Chan. Eeps. 78.) Deeided : — (1) That where real estate is devised to trus- tees upon trust to sell for payment of debts generally, or charged with payment of debts, the purchaser is not bound to see that the money is rightly applied ; but if the real estate is devised upon trust to be sold for the payment of certain debts, mentioning to whom in particular those debts are owing, the purchaser is bound to see that the money is applied in payment of those debts. (2) But that a purchaser of leasehold or other personal estate is never liable to see to the application of the pur- chase-money — except in cases of fraud — because the exe- cutors are the proper persons that by law have the power to dispose of a testator's personal estate. Notes, — It is now enacted by 22 & 23 Vict. c. 35, s. 23, as fol- lows : — " The hand fide payment to, and the receipt of, any person to wtom any purchase or mortgage money shall be payable upon any express or implied trust, shall effectually discharge the person paying the same from seeing to the application or being answer- able for the misapplication thereof, unless the contrary shall be ~ expressly declared by the instrument creating the tmst or secu- rity." It is also enacted, by 23 & 24 Viot. c. 145, s. 29, as fol- lows : — " The receipts in writing of aiiy trustees or trustee for any money payable to them or him by reason, or in the exercise of, any trusts or powers reposed or vested in them or him, shall be suflBcient discharges for the money therein expressed to be received, and shall effectually exonerate the persons paying such Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 39 money from seeing to the application thereof, or from being answerable for any loss or misapplication thereof." This latter Act is more extensive than the former ; but it mnst be remembered that its provision is not retrospective (see sect. 36), whilst the former appears to be, thongh there is some diiferenoe of opinion on this point. By reason of the joint operation of these enactments the above case has now little practical importance. Digitized by Microsoft® 40 AN EPITOME OP BERING V. EARL OF WINCHELSEA. (1 Lead. Gas. Eq. 100.) (1 Cox, 318.) Here two different bonds had been given to the Crown for the due performance by one Thomas Dering of a certain ofSce, and he becoming in arrear to the Crown, one of the bonds was put in suit, and judgment recovered on it. This suit was then instituted against those who had given tlie other bond claiming a contribution. Decided : — That though the sureties were bound by different instruments, they must contribute, for the doctrine of contribution amongst sureties is not founded in contract, but is the result of general equit}^ on the ground of equality of burthen and benefit. Notes. — And this right of a surety to enforce contribution against co-sureties will not be affected by Ms ignorance at the time he became surety that they also were co-sureties. Courts of Common Law can also compel contribution between sureties ; but there is this important distinction between contribution in Equity and at Common Law : in Equity the contribution is with reference to the time when it is sought to be enforced, but at Common Law with reference to the number of sureties originally liable. Thus ; A., B., and C. are securities, and A. is forced to pay the whole amount. B. has become insolvent; nevertheless at Common Law A. can only recover a third from C, though in Equity he can recover half. Further, if a surety dies, contribution can be en- forced in Equity as against his representatives ; but at Common Law the surviving sureties only can be sued (see Batard v. Hawes, 2 Ell. & B. 287). With regard to the rights of sureties who are compelled to pay Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 41 their principal's debt, it is provided by 19 & 20 Vict. c. 97, s. 5, tbat " every person wbo being a surety for the debt or duty of anotlier, or being liable witb anotber for any debt or duty stall pay such debt or perform such duty, shall be entitled to have assigned to him, or a trustee for him, every judgment, specialty, or other security vrhich shall be held by the Court in respect of such debt or duty, whether such judgment, specialty, or other security shall or shall not be deemed at law to have been satisfied by the payment of the debt or performance of the duty ; and such person shall be entitled to stand in the place of the creditors. Before this statute if the debt was secured by bond or by judgment, and the surety paid the amount, he could not' obtain an assignment of the bond or judgment itself, but only of collateral securities. Digitized by Microsoft® 42 AN EPITOME OF DYEE V. DYER. (1 Lead. Oas. Eq. 203.) (2 Oox, 92.) Here one Simon Dyer paid the purchase-money for certain property, and took the conveyance to himself, his wife Mary, and a son William, jointly. Simon Dyer survived his wife, and then died, devising all his interest in these premises to the plaintiff, who filed his bill against the son William, insisting that as the purchase-money was all paid by Simon Dyer, the son William, the defendant, was but a trustee. Decided : — That though if no relationship existed there would be a resulting trust in favour of the person paying the purchase-money j yet the circumstance of the nominee being the child of the purchaser, operated to rebut the resulting trust, and the defendant took the property bene- ficially as an advancement from his father. Noie§. — The presumption of advancement does not only aiise . in favour of a cliild, but also in favour of a wife. Wliei'e a con- veyance is taken in the name of a stranger, and therefore by equi- table presumption a resulting trust arises, sucb resulting trust may be rebutted by parol evidence shewing that the person who paid the purchase-money really intended that the person in whose name the conveyance is taken should take the property for his own benefit. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 43 MACKEETH v. SYMONS. (1 Lead. Cas. Eq. 289.) (15 Ves. 329.) Decided : — (1) That a vendor's lien for unpaid piirohase- money, unless relinquished, exists against all persons ex- cept purchasers for valuable consideration without notice having the legal estate. (2) That another security taken and relied on may, according to its nature and the circumstances under which taken, be evidence of relinquishment, but the proof is on the purchaser. Notes. — A vendor's lien may be defined as tliat liold or charge on property -which, a person has who has sold the same, biit has not received the purchase-money, or the whole of it. This lien exists even though the deed expresses that the consideration is paid, and a receipt is indorsed on it. It must be borne in mind that (as decided in the above case) the taking of a security is only an evidence of relinquishment by the vendor of his lien ; and as a genei'al rule, the taking of a mere personal security will not . deprive the vendor of his lien, though, if he take a totaEy distinct and independent security, the lien is usually lost. The amount of the piirchase-money for which a vendor's lien existed was, of course, payable out of the vendee's general per- sonal estate ; but now, in consequence of 30 & 31 Vict. c. 69, s. 2, it is primarily payable out of the land in respect of which it exists. Digitized by Microsoft® 44 AN EPITOME OF BRODIE V. BAREY. (2 V. & B. 127.) Here property was bequeathed to a person who was testator's heiress to heritable property in Scotland, a dis- position of which was made by the will, but in a manner not conformable to the law of Scotland, so that it did not pass under the will, and the question was whether the heiress should be allowed both to take the benefits given to her by the will and the property, which being thus informally dealt with, descended to her as heir-at-law, or whether she should be put to her election. Decided : — That the Scotch heiress could not take both the benefits given her by the will and the property, which being informally dealt with would descend to her ; but that she must elect between them. Notes. — The doctrine of election is stated, in Snell's ' Principles of Equity,' to originate in inconsistent or alternative donations, and it consists in the choosing by a person between two rights where there is an intention, express or implied, that they shall not both be enjoyed. The above case is given here in preference to those of Noys V. Mordavmt and Streatfield v. Streatfield, set out in Messrs. White and Tiidoi-'s work, as it forms a very simple and striking example of the doctrine. It is important to remember that when a person elects against an instrument — that is, refuses to give up his own property — he does not always absolutely forfeit the benefits given him by it, but only so much thereof as will compensate the disappointed party. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 45 Tlaus, if a testator gives to A. £1000, and to B. a house of small value to whicli A. is entitled, and A. refuses to conform to the testator's will, lie is only bound to give up so mucli of the £1000 as the house is worth, so as to compensate B. Digitized by Microsoft® 46 AN EPITOME OF COUNTESS OF STRATHMOEE v. BOWES. (1 Lead. Cos. Eq. 406.) (1 Ves. Jun. 22.) Lady Strathmore, during her engagement of marriage with one Mr. Grey, conveyed and assigned her property to trustees for her separate use, with his approbation. After- wards hearing that defendant Bowes had fought a duel on her account, she married him. Bowes had no notice of the settlement. Decided : — That a conveyance by a wife, whatsoever may be the circumstances, and even the moment before the marriage, is jprima facie good, and becomes bad only upon the imputation of fraud, and that if a woman in the course of a treaty of marriage with her makes, without notice to the intended husband, a convey- ance of any part of her property, it will be set aside because affected with that fraud, but that this case was different, the settlement indeed being with the sanction of the then intended husband, and so the settlement here was established. Notes. — A seci'et conveyance by a woman pending a marriage engagement is a fraiid on tlie husband's marital rights, although he did not know she had any property. There is one exception to the general rule laid down in Countess of Strathmore v. Bowes, and that is in the case of the previous seduc- tion by a man of his intended wife ; for it has been held that, as the husband has by his conduct before the marriage put it out of the wife's power to make any stipulation for settlement of her pro- perty, retirement being impossible on her part, a secret settlement Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 47 made by her shall not be set aside. It was also supposed that another exception existed in the case of a fair settlement by a widow upon her children by a former marriage, but the autho- rities do not appear to warrant this, and it cannot therefore be considered as an exception. Digitized by Microsoft® 48 AN EPITOME OF LADY ELIBANK v. MONTOLIEU. (1 Lead. Cos. Eq. 424.) (5 Fes. 737.) Decided: — That a married woman may, by her next friend, maintain a suit in the Court of Chancery to assert her equity to a settlement on herself and children out of property to which she is entitled ; and here the settle- ment on marriage being inadequate, a further settlement decreed in favour of the plaintiff Lady Elibank. MURRAY V. LORD ELIBANK. (1 Lead. Cas. Eq. 431.) (10 Fes. 84.) This case arose out of the foregoing one. After decree in that suit, but before any settlement in pursuance thereof. Lady Elibank died intestate, and this bill was filed by her infant children for the carrying out of the settlement in their favour notwithstanding her death. Decided: — That the wife obtained by the decree in the suit of Lady Elibank v. Montolieu a judgment for the children, liable to be waived if she thought proper ; other- wise to be left standing for their benefit at her death. Notes. — It must, however, be remembei-ed that the equity to a settlement is strictly personal to the wife, and that the children Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 49 have no independent equity of tlieii- own ; so tliat if Lady Elibank had died before decree her children would not have been entitled to any settlement. If the settlement on a woman's marriage is perfectly adequate, no further settlement will be decreed; but when a settlement is decreed, the amount to be settled is usually and in the absence of special circumstances one-half of the property. If after marriage a settlement of property is made upon the wife voluntarily in consideration of her equity to a settlement, it is good as against creditors if the Court would, under the circum- stances, have decreed one, had application been made to it for the purpose. The wife's equity to a settlement forms a good example of the maxim, " He who seeks equity must do equity.'' With i-egard to the wife waiving her right to a settlement, this she can always do (unless she is a female ward of the Court married without its sanction) by her examination in open Court ; and by 20 & 21 Vict. c. 57, she can by deed acknowledged under the Fines and Recoveries Act, with the concurrence of her husband, release or extinguish her right to a settlement out of any personal estate to which she or her husband in her right may be entitled in possession, under any instrument made after the 31st of December 1857. This Act makes no provision enabling the wife to waive her right in respect of personal estate derived under an intestacy (Prideaus's Oonvyg. 7th ed. vol. ii. 152, 163). The wife may also lose her right to a settlement by eloping and living in adultery, unless she is a ward of Court married without its sanction. Digitized by Microsoft® 50 AN EPITOME OF HULME V. TENANT. (1 Lead. Oas. Eq. 481.) (1 Bro. G. a. 16.) This bill was filed by the obligee of a bond entered into by the defendants (husband and wife) against the husband and wife, and her surviving trustee, to recover the sums secured out of the wife's separate estate. Decided : — That the bond of a married woman jointly with her husband shall bind her separate property. HUNTINGDON v. HUNTINGDON. (2 Lead. Cas. Eq. 1010.) (2 Bro. P.C.I, Toml. Edit.) Here the Countess of Huntingdon joined with her husband, the Earl, in a mortgage of her estate of inherit- ance, for his purposes, and the Earl covenanted to pay the money. He did pay the money, but took an assignment to himself. The mortgage being for a term of years, the Earl devised it for the beneiit of his younger children. The Countess died, and also the Earl, and the eldest son filed a bill claiming as heir to the Countess to have the estate freed from the mortgage and the claims of the younger children. Decided: — That he was so entitled, as the wife's estate was but as surety. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 51 TULLETT V. AEMSTEONG. (1 Beav. 1.) Here a, testator gave certain property to trustees in trust for his wife for life, with, remainder to the defendant Mrs. Armstrong (then unmarried) for life in such manner thai it should not he anticipated, and that no husband should acquire any control over it, and the questions were as to the effect of a gift to the separate use of a woman unmarried at the time, and the effect of the clause against anticipation. Decided : — That both the separate use clause and the restriction against alienation became effectual on the subsequent marriage, and that such a restraint against alienation is annexed to the separate estate only, and the separate estate has its existence only during coverture, but that whilst the woman is discovert the separate estate, whether modified by restraint or not, is suspended, and has no operation, though it is capable of arising upon the happening of a marriage. Notes on these three Cases. — AltlLOUgh. the separate estate of a married woman may frequently be made liable for ber debts, as sbewn in Hulme v. Tenant, yet no personal decree can be made against ber. As a general rule, tbis separate estate, unless re- strained from anticipation, wiU be liable for " all debts, &c., wbicb sbe expressly charges, or which, judging from the nature thereof, it may be faii'ly inferred that she intended to charge, on her separate estate." Thus, a promissory note signed by ber will bind it; and if she of her own accord employs a solicitor, it will be liable for his charges. In considering the liability of the E 2 Digitized by Microsoft® 52 AN EPITOME OP wife's separate estate, statute 33 & 34 Vict. c. 93, ss. 12, 13, and 14 must be borne in mind. The case of Huntingdon v. Emitingdon goes to sbew, tliat though, the wife's separate estate may have been charged, yet when it is but for the purposes of the husband, it is but as surety for him, and he must ultimately discharge the liability, notwith- standing the way in which the estate was dealt with afterwards. Thus, in that case, the Earl of Huntingdon, on paying off the money, took an assignment of the property to himseK, and yet the heir of the wife was held to be entitled to it. But that case' must be taken with this limitation, or rather addition, viz., that if the wife's intention clearly appeal's to have been to alter the limitation of the equity of redemption, effect will be given to that intention. No stich intention appeared in that case. Tullett V. Armstrong is given above as establishing and plainly shewing the effect of the now usual clause against anticipation. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 53 EAEL OF CHESTERFIELD v. JANSSEN. (1 Lead. Oas. Eq. 541.) (2 Fes. 125.) In this case one Mr. Spencer, at the age of 30, had borrowed £5000 of defendant on the terms of paying £10,000 if he survived his grandmother, from whom he had large expectations, and who was then of the age of 78 years, and nothing if he did not. He did survive her, and after her death gave a bond for payment of the £10,000, and paid a part. Mr. Spencer having since died, his executor brought this suit to be relieved against this contract as usurious and unconscionable. Decided : — Not usurious, and (without deciding whether relief would have been given against the original transaction) no relief could now be given, Mr. Spencer having by his acts after his grandmother's death ratified the transaction. EAEL OF AYLESFORD v. MORRIS. (Law Beps. 8 Oh. Ap. 484.) Here the plaintiff, soon after he came of age, and whilst his father was living, borrowed from the defendant, who was a money-lender, sums amounting to about £7000, for which he gave bills, which, with interest and discount, together exceeded 60 per cent. These bills were renewed, and after the death of plaintiff's father, defendant sued plaintiff on the bills, and this suit was brought for an Digitized by Microsoft® 54 AN EPITOME OF injunction to restrain the actions on payment by the plaintiff of the sums advanced and interest at 5 per cent. Bedded: — That the plaintiff was entitled to the relief sought, and that the fact of his being an actual tenant in tail in remainder (as the case was) instead of being merely an expectant heir made no difference. Notes on these two Cases. — Chesterfield v. Janssen is the leading case on ttat brancli of constructive fraud designated ia Snell's ' Principles of Equity ' as constructive frauds, as being unconscien- tious or injurious to tie rights of third parties. For although in that case no relief was given because of confirmation by Mr. Spencer of the transaction, yet the particular subject of bargains with expectant heirs was there much considered. As to these, the rule in Equity is to set them aside, unless the purchaser can shew that he paid fuU consideration, and that the bargain being made known to those to whose estate the expectant was hoping to succeed, was approved of by them. This relief thus given to ex- pectant heirs was formerly also given to remaindermen and rever- sioners, but is so no longei', 31 Vict. c. 4, s. 1, enacting that " No purchase, made hond fide a.nd without fraud or unfa,ir dealing, of any reversionary interest in real or personal estate shall hereafter be opened or set aside merely on the ground of undervalue ;" and by sect. 2 the word " purchase " used in sect. 1 has an extended meaning. The case of Earl of Aylesford v. Morris is the most recent decision on the subject of bargains from expectant heirs ; and whilst the former pi-inciples and rules on the subject are confirmed, they seem also to be a little extended, for in that case the plaintiff was not simply an expectant heir, but he was an actual tenant in tail in remainder, and yet it was held that this made no difference, and relief was given. The Infants' Relief Act, 1874 (37 & 38 Vict. c. 62), may here be noticed, as it might possibly sometimes affect cases of bargains with expectant heirs. It provides that all contracts made with infants, except for necessaries, shall be absolutely void, and that no action shall ever be brought upon a ratification of an infant's contract. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 55 MAESH V. LEE. (1 Lead. Cas. Eq. 611.) (2 Ventris, 337.) Decided : — That if a third mortgagee having advanced his money, without notice of a second mortgage, afterwards buy in a first mortgage or statute, yet the third mortgagee having obtained the first mortgage or statute, and having the law on his side and equal equity, he shall thereby squeeze out and gain priority over the second mortgagee. BRACE V. DUCHESS OF MAELBOROUGH. (2 P. Wms. 491.) Decided : — That if a judgment creditor, or creditor by statute or recognizance, buys in the first mortgage he shall not tack this to his judgment, &c., and thereby gain a pre- ference, ybj* Tie did not advance his money on the immediate credit of the land ; but if a first mortgagee lends a further sum to the mortgagor upon a statute or judgment he shall retain against a mesne mortgagee till both the mortgage and statute or judgment be paid. Notes on these two Cases. — In the latter of the above two cases the doctrine of tacking was much considered, and a number of rules on the subject were stated, but the points above set out are the most important to remember in connection with the decision in Marsh v. Lee. It is very important to know accurately when Digitized by Microsoft® 56 AN EPITOME OF tacking will be allowed, and when not, and the student will be more likely to remember the distinctions if he beai-s in mind that tacking is not allowed when the money was not originally advanced on the immediate credit of the land. The doctrine of tacking forms a good illnstration of the maxim, " Where the equities are equal the law shall prevail ;'' for the third mortgagee being without notice of the intervening incum- brance, has as good a title in conscience as such incumbrancer, and by getting hold of the first mortgage, &c., he has the law on his side. An important provision has been made by statute 37 & 38 Vict. o. 78, s. 7 (The Vendor and Purchaser Act, 1874), it providing that no priority shall in future be gained by tacking, but this is not to take away any right or protection which but for this sec- tion would have been given before the commencement of the Act. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 57 BASSETT V. NOSWORTHY. (2 Lead. Gas. Eq. 1.) (Bep. temp. FincJi, 102.) This bill was filed by an heir-at-law against a person claiming as purchaser from a devisee under the will of his ancestor to discover a revocation of the will, and the de- fendant pleaded that he was a purchaser for valuable con- sideration hondfide, without notice of any revocation. Decided : — That this plea was good, and upon proof of it, the bill was dismissed. Notes. — The above case is inserted here so as to follow those on the doctrine of tacking, as it forms another illustration of the maxim, " Where the equities are equal the law shall prevail." As an extension of the above case, it should be noted that where a person has the best right to call for the legal estate, he will be entitled to the protection of Equity in the same way as if he had actviaUy obtained it. Digitized by Microsoft® 58 AN EPITOME OP DUKE OF ANCASTER v. MAYEK. (1 Lead. Gas. Eq. 630.) (1 Bro. a. C. 454.) Decided : — That the general personal estate is primarily liable to the payment of the debts of the testator, unless exempted by express words or by necessary implication. Notes. — It may be usefiil to give liere a sliort statement of, firstly, tlae order in wMcli assets are appKed in payment of debts ; and, secondly, wben tlie general personal estate is not the primary fund for that purpose. Firstly. The order is as follows : — (1) The general personal estate. (2) Estates devised for the particular purpose of paying debts. (3) Estates descended. (4) Property devised or bequeathed to particular devisees or legatees, but charged with payment of debts. (5) (a) General legacies ; (6) Lands comprised in a residuai-y devise ; (c) Specific legacies and specifically devised lands. (This is in accordance with the decision in Eensman v. Fryer, L. R. 3 Ch. Ap. 420 ; but formerly it was considex'ed that these assets were only applicable in the order named. See hereon the observations of Mr. Snell in his ' Principles of Equity,' 2nd ed. pp. 234, 236.) (6) Property over which the person whose estate is being administered has exercised a general power of ap- pointment. Secondly. The personal estate is not the primary fund for payment of debts in the following cases : — (1) Where it is exempted by express words. (2) Where it is exempted by testator's manifest intention ; Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 59 and on this point the fact that the testator has charged his real estate is not alone suflScient, but he must also have shewn that it was his purpose that the personal estate should not be applied. (3) "Where the debt forming the charge or incumbrance is in its own nature real. (4) Where the debt was not contracted by the person whose estate is being administered, but by some one else from whom he or his vendor took it, as in the case of a moi't- gage created by an ancestor. (5) In cases coming within the provisions of 17 & 18 Yict. c. 113, or 30 & 31 Vict. c. 69. Digitized by Microsoft® 60 AN EPITOME OF RUSSEL V. RUSSEL. (1 Lead. Cas. Eq. 674.) (1 Bro. a. 0. 269.) Here a lease had been pledged with the plaintiff by a person since bankrupt, and the plaintiff now brought his bill against the assignees for a sale of the leasehold estate. Decided: — That the deposit created a good equitable mortgage. Noies. — An equitable mortgage by deposit of title deeds is now of common occurrence, but the above case is cited to sbew that such a transaction is good, notwithstanding the 4tli section of the Statute of Frauds (29 Car. 2, c. 3) — a point which was pre- viously, and with reason, much doubted. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY OASES. 61 CUDDEE V. RUTTEK. (1 Lead. Cas. Eq. 786.) (5 Vin. Ab. 538, pi. 21.); Decided: — That a bill in equity will not lie for specific performance of an agreement to transfer a certain sum of South Sea Stoct, for there is no difference between that and any other like sum of stock, and no damage occasioned by the non-performance of the agreement specifically, if the difference is paid. SETON V. SLADE. (2 Lead. Oas. Eq. 513.) (7 Ves. 265.) Here plaintiff had agreed to sell certain property to de- fendant, and it was understood that he should make a good title in two months, and defendant gave him a notice that if he did not do so he should insist on the return of his deposit with interest. The plaintiff, however, only deli- vered his abstract a few days before the expiration of the two months, which the defendant then received and kept without objection. Decided : — That the vendee upon con- struction of the circumstances was not entitled to insist on time as of the essence of the contract, and so specific per- formance decreed. Digitized by Microsoft® 62 AiT EPITOME OF LESTER. V. FOXCROFT. (1 Lead. Oas. Eq. 768.) {Gonei' P. 0. 108.) . Here a certain ^arol contract had been made for the pulling down by the plaintiff of certain houses and the building up of others, and the granting of a lease thereof to him, and he had in pursuance and part performance of such parol contract pulled down the houses and built some of the others. The plaintiff brought this bill for specific performance of the contract. Decided : — That the plaintiff was entitled to a decree for specific performance notwith- standing the Statute of Frauds, because of the acts of part performance on his part. WOOLLAM V. HEARN. (2 Lead. Cas. Eq. 484.) (7 Ves. 211.) Decided: — That though a defendant resisting specific performance may go into parol evidence to shew that by fraud the written agreement does not express the real terms, a plaintiff cannot do so for the purpose of obtaining specific performance with a variation. Notes on these four Cases. — These cases are placed together as all relating to the subject of specific performance. Cuddee v. Butter plainly shews the nature of the contracts of which specific Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 63 performance will be granted, viz., ttose for tte breach whereof dama.ges will not fully compensate ; and Seton v. Slade shews that though terms may not have been strictly complied with, yet spe- cific performance may be decreed. But in such a case the Court will take care to make proper compensation. And this principle of decreeing specific performance with compensation is applied where the vendoi" seeks specific performance and has not exactly the interest he contracted to sell, but the difference is not material ; but a purchaser cannot be forced to accept lands of a different tenure to what he contracted to buy, for this is not considered a matter for compensation. The decision in Lester v. Foxcrofl is upon the ground, that after a person has been allowed to do acts in part performance, it would be a fraud on the part of the person who has arllowed him to do such acts not to perform his part of the contract. Acts to be a part performance must be exclusively referable to the agreement and such acts as payment of purchase-money, delivery of abstract, and the like, are not sufficient part performance; but letting a purchaser into possession is. There are also two other cases in which specific performance of a parol contract will be decreed ; and they are stated by Mr. Snell in his ' Principles of Equity ' to be (1) where it is fully set forth in the bill, and is confessed by the answer of the defendant, who does not insist on the statute as a defence; and (2) where the agreement was intended to be reduced into writing according to the statute, but that was prevented by the fraud of one of the parties. With regard to the decision in Woollam v. Hearn, though good as a general rule, yet it must be noted that there are three cases in which a plaintiff may obtain specific performance with a subse- quent parol variation, and they are of a similar nature to the three cases above stated in which specific performance will be decreed of an original parol contract, viz. ; (1) after such acts of part per- formance of the parol variation; (2) where defendant sets v.]} the parol variation, and plaintiff seeks specific performance with it ; and (3) where it has not been put into writing because of fraud. It will be seen that these cases are of an exactly similar nature Digitized by Microsoft® 6i AN EPITOME OF to ttose above stated, iH wliicli specific performance will be de- creed of an original parol contract. Although by the 0. L. P. Act, 1854 (17 & 18 Vict. c. 126), s. 68, an action of mandarmis is given at law to compel the performance of certain duties in the fulfilment of which the plaintiff is per- sonally interested, yet it has been decided that a person cannot be compelled under that Act to perform a contract entered into by him, it only applying to cases of duty arising under a statute or royal charter in which the public as well as the plaintiff are interested. {Benson v. Paul, 25 L. J. (Q.B.) 274) ; Sm.'s 0. L. Manl., 4th ed. 446.) Digitized by Microsoft® LEADING OONVEVANOma AND EQUITY CASES. 05 PUSEY V. PUSEY. (1 Lead. Gas. Eq. 820.) (1 Vern. 273.) The plaintiff brought this bill for specific delivery up of a certain horn which in ancient time was delivered to his ancestors to hold their land by. The defendant demurred to this bill. Decided : — That the demurrer must be over- ruled, and that the heir was well entitled to the horn. DUKE QF SOMERSET v. COOKSON. (1 Lead. Cas. Eq. 821.) (3 P. Wms. 389.) The plaintiff, as lord of a certain manor, was entitled as treasure-trove to an old altar-piece made of silver, re- markable for a Grreek inscription and dedication to Her- cules, and the defendant had obtained possession of the same. This suit was brought to obtain its delivery up in specie undefaced, and the defendant demurred. Decided : — That this demurrer must be overruled. Notes on these two Cases. — In the same way that the -Court of Chancery will only decree specific performance of a contract when it is one for the breach whereof damages will not compensate, so the reason of the above decisions is that the chattel was of such a natui-e that the loss of it could not be fully compensated for by damages. Thei-e is, however, one case in which Equity Digitized by Microsoft® 60 AN EPITOME OF will decree specific delivery of a chattel thougli of no peculiar value, and that is where there subsists some fiduciary relation between the parties. Specific delivery of a chattel may now, to a certain extent, be obtained at law, for by the 0. L. P. Act, 1854 (17 & 18 Tict. c. 125), s. 78, the Court may, upon the application of the plaintiff in an action for the detention of a chattel, order that execution shall issue for the return of the same without giving the defendant the option of retaining it, upon paying the value assessed ; but a Court of Law under this enactment can only proceed to enforce the delivery by distringas, whilst a decree in Equity for specific delivery can be enforced by attachment. Also, by 19 & 20 Yict. c. 97, s. 2, the Courts of Law have a further power of this nature given them, and in cases in which generally Equity would not interfere, for it is enacted, that on a verdict for plaintiff in an action for breach of contract to deliver specific goods for a price of money, on the application of the plaintiff, and by leave of the judge, the juiy shall find, (1) What are the goods in respect of which action is brought; (2) What (if any- thing) the plaintiff would have been liable to pay for delivery thereof ; (3) What damages (if any) the plaintiff will be entitled to if the goods are delivered in execution as thereinafter men- tioned ; and (4) What damages if not so delivered. And there- upon, on the plaintiff's application, the judge may order execution to be issued /or delivery of the goods tliemselves on payment by the plaintiff of the sum (if anything) found by the jury to be paid by him, withont giving the defendant the option of retaining the same upon paying the damages assessed. Digitized by Microsoft® LEADING CONVEYANCNIG AND EQUITY CASES. 67 FLETCHER v. ASHBURNER. (1 Lead. Gas. Eq. 826.) (1 Bro. C. a. 497.) Decided : — That it is an established principle that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted ; and this, in whatever way the direction is given ; and, therefore, in this case that real estate having been ordered to be sold, it became personalty, and went accordingly. ACKROYD v. SMITHSON. (1 Lead. Gas. Eq. 872.) (1 Bro. G. G. 503.) Here the testator gave several legacies, and ordered his real and personal estate to be sold, his debts and legacies to be paid out of the proceeds arising from the sale, and the residue thereof he gave to certain legatees. Two of these residuary legatees died in the testator's lifetime ; and this bill was filed by the next of kin of the testator claim- ing these lapsed shares, and the question was whether such shares— being originally composed partly of real and partly of personal estate— belonged to the next of F 2 Digitized by Microsoft® 68 AN EPITOME OF kin as being converted into personalty, or whether the part originally composed of real estate resulted as real estate, and therefore descended to the heir-at-law of the testator. Decided : — That so far as the shares were originally con- stituted of personal estate they should go to the next of kin ; but so far as they originally consisted of real estate they should go to the heir-at-law. Notes on these two Cases. — " Equity looks on that as done wiiicli ought to be done," It is upon tHs maxim that the case of Fletcher v, Ashhvjrner proceeds, and that case, or more generally the whole doctrine of conversion, forms indeed the hest illustration of this maxim. Conversion has been well defined as " that change in the nature of property by which, for certain purposes, real estate is considered as personal, and personal estate as real, and transmissible and descendible as such." To effect a conversion it is necessary that the direction to convert be imperative and not optional, and a direction to convert at the request of certain parties will be held imperative unless it is inserted for the purpose of giving a discretion to those parties. The case of Ackroyd v. Smithson is sometimes confused by students with that of Fletcher v. Ashhurner as simply deciding the doctrine of conversion, and they are chiefly for that reason con- sidered here together. Ackroyd v. Smithson is of course quite beyond the doctrine of conversion, and forms an instance of a resulting trust, shewing that where the purposes of the con- version fail there the property shall remain and go in its original state ;. thus if a testator devises to trustees to sell and divide the proceeds between two persons, and they die diu-ing the testator's lifetime, the property remains in its original state, and if only one of the parties dies, there as to his moiety there will be no conversion, but it will go according to its original quality, and the principle of this is, that where an estate is converted merely for a particidar purpose, and that fails, the Court will not infer Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY OASES. 69 an intention to convert for any other purpose. Ackroyd t. Smith- son is only on the point of a resulting trust in the case of real estate directed to be sold, and it was at first doubted whether the rule there established applied to the case of money directed to be laid out in the purchase of land to be settled upon trusts which either wholly or partially failed ; but it has now long been decided thai it does so apply. Digitized by Microsoft® 70 AN EPITOME OF LE NEVE V. LE NEVE. (2 Lead. Cas. Eq. 35.) {Amh. 436.) Here lands in Middlesex were settled by a deed which was not registered. Many years afterwards they were settled on a second marriage, and the settlement was duly registered ; laut the agent of the person taking the lands under the second settlement had notice of the former. Decided : — That the object of the Eegister Act being only to secure subsequent purchasers and mortgagees against prior secret conveyances and fraudulent conveyances, the former settlement should be preferred because of the ■notice, and that notice to an agent or trustee is notice to the principal. Notes. — An interest in property is often rendered subsei-vient to a prior interest by reason of notice, wliere, if there liad been no sucb notice, tlie latter would have had the preference. Kotice may be either actual or constnictive, which last is, in fact, only evidence of notice the presumption of which is so violent that the Court will not allow of its being controverted ; and whatever is sufficient to put a person upon inquiry is constructive notice of everything to which that inquiry might have led ; thus absence of title deeds may constitute constructive notice of some prior interest, but if their absence is satisfactorily accounted for it will not. It should be mentioned that the mei-e fact of the registration of Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 71 a deed affecting lands in a register county is not of itsell notice, so that a prior equitable incumbrance will not, altbougli regis- tered, affect a subsequent pui-cliaser for valviable consideration witbout notice wbo bas obtained tbe legal estate. Digitized by Microsoft® 72 AN EPITOME OF HOWE V. EARL OF DARTMOUTH. (2 Lead. Gas. Eq. 320.) (7 Ves. 137.) Decided : — That it is a general rule that where personal property is bequeathed for life with remainders over, and not specifically, it is to be converted into the three per cents., subject in the case of a real security to an inquiry, whether it will be for the benefit of all parties, and the tenant for life is entitled ' only upon this principle ; thus wasting property is converted for the benefit of persons in remainder, future interests for the benefit of the tenant for life. Notes. — But the testator may by his will sliew.aii intention that the property as it then exists shall be specifically enjoyed, and the Court rather leans in favour of this construction so far as it is consistent with the decision in the above case. The rule laid down in the case of Howe v. Earl of Dartmouth has been stated as follows : — " Where personal estate is given in terms amounting to a general residuai'y bequest to be enjoyed by persons in succession, the interpretation the Court puts upon the bequest is that the persons indicated are to enjoy the same thing in succession, and in order to effectuate that intention the Ooiirt, as a general rule, converts into permanent investments so much of the personalty as is of a wasting or perishable natui-e at the death of the testator, and also reversionary interests. The rule did not originally ascribe to testators the intention to affect such conversions except in so far as a testator may be supposed to intend that which the law will do ; but the Coiirt, finding the intention of Digitized by Microsoft® LEADING CONVEYANOING AND EQUITY CASES, 73 the testator to be that the object of his boiinty shall take succes- sive interests in one and the same thing, converts the property as the only means of giving effect to that intention.'' (W, & T.'s Ldg. Cases in Eq. vol. ii. 335). Digitized by Microsoft® 74 AN EPITOME OF HOOLEY V. HATTON. (2 Lead. Oas. Eq. 346.) (1 Bro. C. 0. 390, n.) Lady Finch, by her will, gave the plaintiff a legacy of £500, and afterwards, by a codicil, a legacy of £1000, and the questio;a was whether the last legacy alone passed or the legatee should have both. Decided : — That the plain- tiff was entitled to both legacies ; but that if a legacy of the same amount is given twice for the same cause, and in the same act, and in the same, or nearly the same, words, then it will not be double ; but where in different writings there is a bequest of equal, greater, or less sums, it is an augmentation. Notes. — Although it would appear from this case that if the legacies are given by different instruments, they will never be considered as a repetition, yet this is not quite so, for even then, if they are for the same sum and the same motive, the Court presumes that they are but a repetition, but both these coin- cidences must exist. It is important to observe whether extrinsic evidence can be given to shew whether a testator intended a legacy to be by way of augmentation or as a repetition, as if so the I'ules laid down in the above case might often be altered, and it is established on this poiut that where the Court raises the presumption against double legacies it will receive parol evidence to shew that the testator actually intended the double gift he has expressed, for that but rebuts the presumption of the Court, and supports the Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 75 apparent intention of tte will ; but where the Court raises no presumption, as where legacies are given by different instru- ments, it wUl not admit parol evidence to shew testator only meant the legatee to take one, for that would be to contradict the will. Digitized by Microsoft® 76 AN EPITOME OF EX PARTE PYE. <2 Lead. Gas. Eq. 365.) (18 Ves. 140.) Decided: — (1) That as a general rule, where a parent gives a legacy to a child, not stating the purpose with reference to which he gives it, he is understood to give a portion ; and in consequence of the leaning against double portions, if the parent afterwards advances a portion on the marriage of the child, the presumption arises that it was intended to be a satisfaction of the legacy either wholly or in part ; and this applies where a person puts himself in loco parentis. (2) But no such presumption arises in the case of a stranger or of a natural child, where the donor has not put himself in loco parentis, unless the subsequent ad- vance is proved to be for the very purpose of satisfying the legacy ; and therefore the legatee will be entitled to both. TALBOT V. DUKE OF SHREWSBUEY. (2 Lead. Cas. Eq. 379.) {Free. Ch. 394.) Decided: — That if a debtor, without taking notice of the debt, bequeaths a sum as great as, or greater than, the Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 77 debt, to his creditor, this is a satisfaction ; but it is not a satisfaction if it is bequeathed on a contingency, or if it were less than the debt. CHANCEY'S CASE. (2 Lead. Gas. Eq. 380.) (1 P. Wms. 408.) Testator during his lifetime, and before making his will, gave his servant a bond for £100. He afterwards made his will and bequeathed her £500, and directed that all his debts and legacies should he paid. Decided : — That the legacy was not here a satisfaction of the debt, because it was attended with particular cir- cumstances varying it from the common rule, for the testator had directed that all his debts and legacies should be paid. Notes on these three Cases. — These three cases are all authorities on and illustrations of tlie doctrine of satisfaction, the first being as to satisfaction of legacies by portions, and tbe latter two as to satisfaction of debts by legacies. Satisfaction may be defined as tbe giving by a person liable to some claim of tbe donee, of some- tbing different from tbe subject of sucb claim, but intended in substitution thereof. Tbe cases wbere satisfaction occurs bave been divided into four classes, viz. : (1) tbe satisfaction of debts by legacies ; (2) satisfaction of legacies by subsequent legacies ; (3) tbe satisfaction of legacies by portions ; and (4) tbe satisfac- tion of portions by legacies (see Snell's ' Principles of Equity,' 2nd ed. 197). It is important to remember tbe great difference that exists in satisfaction in the case of portions on the one hand, Digitized by Microsoft® 78 AN EPITOME OF and in the case of legacies to creditors on the other ; for in the first case Equity, leaning against double portions, will be in favour of the satisfaction, but in the latter case it is just the opposite, for Equity will takes hold of slight circumstances to rebut the presumption of satisfaction that would otherwise arise, and this is well exemplified by Cliancey's Gase. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 79 WILCOCKS V. WILCOCKS. (2 Lead. Cas. Eq. 415.) (2 Vern. 558.) The plaintiff's father, upoa his marriage, covenanted to purchase lands of the value of £200 per annum, and settle the same upon himself for life and to his iirst and other sons in tail. He purchased lands of that value, but made no settlement or disposition thereof, so that they descended to the plaintiff as heir-at-law. Bedded : — That the plaintiff was not entitled to specific performance of the covenant, but that the lands descended must be taken as a performance or satisfaction thereof. BLANDY V. WIDMORE. (2 Lead. Cas. Eq. 417.) (1 P. Wms. 323.) In marriage articles the husband covenanted to leave his wife £620 if she should survive him. He died intes- tate, and the wife's share, under the Statute of Dis- tributions, far exceeded £620. Decided : — That the wife was not entitled to have the £620 .and her distributive share, but the distributive share must be taken as a satisfaction or performance of the covenant. Notes on these two Cases. — The doctrine of " Performance " which is illustrated by the above cases bears rather closely on Digitized by Microsoft® 80 AN EPITOME OF that of satisfaction ; but on a very short consideration of the sub- ject, and a comparison of the cases on satisfaction (see pp. 76-78) with those above given on performance, the distinction will be obvious. The distinction has been stated to be that " satisfaction implies the substitution or gift of something different from the thing agreed to be given, but equivalent to it in the eye of the law, while in cases of performance the thing agreed to be done is in truth wholly or in part performed." Wilcochs v. Wilcocks and Blandy v. Widmore exemplify the maxim, which is shortly stated, as "Equity imputes an intention to fulfil an obligation." In Wilcocks V. Wilaochs it will be seen that the lands there purchased were of equal value with those covenanted to be settled, but it has been since decided that even where the lands purchased are of less value; they shall be considered as in part performance of the covenant. It should be mentioned that it has been decided that although a distributive shai'e on an intestacy will be taken as performance of a covenant, yet a gift by will of a sum of money as a residue will not so opei-ate per se, because it imports boimty. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 81 EYRE V. COUNTESS OF SHAFTESBURY. (2 Lead. Cos. Eq. 645.) (2 P. Wms. 103.) The former Earl of Shaftesbury, by his will, gave the guardianship of his infant .sou to the plaintiff and two others, since deceased, without expressing that it was to be to the survivor of them, and the plaintiff now prayed that the infant (who was in his mother's custody) might be delivered up to him as his guardian. Decided : — That though the guardianship was only given to the three persons, without saying, "and to the survivors or sur- vivor of them," yet the survivor — the plaintiff — should have it. Afterwards, when the infant was of the age of fourteen years, his mother, the Countess, procured his marriage with one Lady Susannah Noel, without the consent or privity of the plaintiff, the guardian. Decided: — That the Countess was liable for a contempt of Court, although the marriage was in other respects proper. Notes. — There are properly six species of guardianship, viz. : (1) By nature; (2) By nurture; (3) In socage; (4) By statute; (5) By appointment of the Court of Chancery; (6) Ad litem. There is also guardianship by cvistom, and the quite obsolete species of guardianship by election. The above is the leading case on the nature of the guardianship and the guardian's powers under the statute of 12 Car. 2, u. 24 G Digitized by Microsoft® 82 AN EPITOME OF That statute gives the father* the power by deed executed in wi-iting, or by his last will and testament, to appoint the custody and tuition of such of his childi'en as at the time of his death are neither of full age nor married until they attain the age of twenty-one years, or during any less period. This statute of course only gives the power to the father ; but a stranger may, to a certain extent, appoint a guardian, for such an appointment will be effectual if there is a legacy to the father conditional on his giving up the guardianship, which legacy the father elects to take, or if it is Manifestly for the benefit of the infants, and the duty of the father to acquiesce in the appointment ; but the benefit to the infant must be a solid consideration, and not merely expectations. By statute 2 & 3 Vict. c. 64, it was provided that judges in Equity might make orders on petition for the access of mothers to their infant children, and if such children were within the age of seven years for delivery of them into the mother's custody until attain- ing siich age of seven years ; but no order was to be made under such provision in favour of a mother against whom adultery had been established. This statute is now repealed by the 36 & 37 Vict. c. 12, which in Ueu. thereof provides (sect. 1) that the Court of Chancery may order mothers to have access to or custody or control of their children tmtil such chUdi-en shall attain such age as the Court shall direct. Section 2 of the same statute provides that no agreement in a separation deed for the father giving up the custody of his children to the mother shall be invalid, but the same is not to be enforced by the Court if it is of opinion that it will not be for the benefit of the infant or infants to give effect to it. * The above statute gives this power to the father, whether he is of full age or not ; but now, as by the Wills Act (1 Vict. c. 26) an infant cannot make a valid will, he cannot appoint a guardian by will. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES, 83 STAPILTON V. STAPILTON. (2 Lead. Oas. Eq. 824.) (1 Atk. 2.) Bedded : — That an agreement entered into upon a supposition of a right, or of a doubtful right, though it after comes out that the right was on the other side, shall be binding, and the right shall not prevail against the agreement of the parties ; for the right must always be on one side or the other, and therefore the compromise of a doubtful right is a sufficient foundation of an agreement. That where agreements are entered into to save the honour of a family, and are reasonable ones, a Court of Equity will, if possible, decree a performance of them. GORDON V. GORDON. (3 Swanst. 400.) Here there had been an agreement between two brothers for the settlement of the family estates, as the younger disputed the elder's legitimacy. At the time of the agreement, however, the younger brother was aware of a private marriage that had taken place, and this was not communicated to the other. The legitimacy of the elder brother was afterwards established, and although some nineteen years had elapsed, Decided: — That the G 2 Digitized by Microsoft® 84 AN EPITOME OF agreement must be rescinded because of the concealment by the younger brother of the fact of the private mar- riage, and that it mattered not whether the omission to disclose it originated in design or in an honest opinion of the inyalidity of the ceremony and a want of obligation on his part to make the communication. Notes on these two Cases. — The rule as to family compromises is laid down in Snail's ' Principles of Equity ' (2nd ed. p. 360) thus : — " In order that a transaction not otherwise valid may be supported upon the ground of it being a family arrangement, there must be a full and fair communication of all material cir- cumstances affecting the subject matter of the agreement which ai-e within the knowledge of the several parties, whether such information be asked for by the other party or not." Stapilton V. Staipilton is given in Messrs. White and Tudor's Book as the leading case on this subject; but the facts and decision in Gordon v. Gordon are also given above, as it is thought that it constitutes a more forcible illustration of the subject. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 85 BRICE V. STOKES. (2 Lead. Cas. Eq. 865.) (11 Ves. 319.) The question in this case was, whether a trustee should be charged with certain purchase-money, which, though he had joined in the receipt, had been received by his co- trustee. Bedded : — That under the f articular circumstance of the case he was liable to be charged, the sale being unnecessary, and he permitting his co-trustee to keep and act with the money contrary to the trust ; but that he should not be charged in respect of the interest of one of the cestuis que trust who had notice of the breach of trust and acquiesced therein ; and it was laid down that there is this great distinction between trustees and exe- cutors, viz., that though where trustees or executors join in a receipt, prima facie all are presumed or considered to have received the money, yet it is competent for a trustee to exonerate himself by shewing that the money acknowledged to have been received by all was, in fact, received by one, and the other joined only /or conformity ; but an executor cannot do this, for it is not necessary for him to join in the receipt (as it is in the case of a trustee), and therefore if he does join, he is to be considered as assum- ing a power over the fund, and therefore answerable. Jflotes. — But if the joining of a co-executor in a receipt was absolutely necessary, the usual rule as to executors will not apply, but the rule as to trustees, because as the joining was necessary Digitized by Microsoft® 86 AN EPITOME OF ttere is no evidence tliat the executor so joining thereby assumed a control over the fund, wHcli is the ordinary presumption. Besides deciding this distinction betvreen the receipts of trustees and executors Brice v. Stokes is also, as appears above, an au- thority to shew that acquiescence in a breach of trust discharges a trustee. Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 87 PENN V. LORD BALTIMORE. (2 Lead. Cas. Eq. 923.) (1 Ves. 444.) Here the plaintiff and defendant being in England, had entered into articles for settling the boundaries of two provinces in America — Pennsylvania and Maryland, and the plaintiff sought a specific performance of the articles. The principal objection was that the property was out of the jurisdiction of the Court. Decided: — That the plaintiff was entitled to specific performance of the articles, for though the Court had no original juris- diction on the direct question of the original right of the boundaries, the property being abroad, yet that did not at all matter, as the suit was founded on the articles, and the Court acted in personam. Notes. — The above case forms a good illustration of the well- known maxim or principle, "Equity acts in personam " a maxim which, indeed, shews the great difference in the jurisdiction of Equity to that of Law; thus at Law the only remedy on a breach of contract was an action for damages : but in Equity, as the Court acted in personam, the party could always be compelled to do the very act. Digitized by Microsoft® 88 AN EPITOME OP PEACHEY V. DUKE OF SOMERSET. (2 Lead. Cas. Eq. 1082.) (1 Stra. 447.) Here the plaintiff was tenant of copyhold lands in a manor, of which the defendant was lord. He committed acts of forfeiture by making leases contrary to the custom, without licence, and by felling timber, &c., and he now brought this suit offering to make compensation, and praying relief from the forfeitures. Bedded : — That the plaintiff was not entitled to relief ; and that the true ground of relief against penalties is from the original intent of the case, where the penalty is designed only to secure money, and the Court can give by way of recompense all that was expected or desired. SLOMAN V. WALTER. (2 lead. Cas. Eq. 1094.) (1 Bro. 0. G. 418.) The plaintiff and defendant were partners in the Chapter Coffee House, and it had been agreed that de- fendant should have the use of a particular room when he wanted it, and the plaintiff gave a bond to secure this. Upon breach of the agreement, defendant brought an action for the penalty of the bond, and the plaintiff Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 89 brought this suit for an injunction and for the actual damage sustained by defendant to be assessed. Decided : — That plaintiff was entitled to an injunction, and that the rule is that where a penalty is inserted merely to secure the enjoyment of a collateral object, the enjoy- ment of the object is considered as the principal intent of the deed, and the penalty only as additional, and to secure the damages really incurred. Notes on these two Cases. — The rule as to wten Equity will relieve in tlie case of penalties is well stated in the latter of the above two cases, whilst the former case shews an instance beyond the relief of Equity. It should be observed also that Sloman v. Walter shews that the jurisdiction of Equity as to relief against penalties is not so limited as to extend only to those penalties to secure payment of a sum of money, as might appear from Peachey V. Duhe of Somerset, but that it also extends to penalties to secure perfoTTnance of some collateral act. Digitized by Microsoft® 90 AN EPITOME OP LANDSDOWNE v. LANDSDOWNE. (2 Jacob & Walker, 205.) In this case the plaintiff, who was a son of the eldest brother of a deceased intestate, had a dispute with his uncle, a younger brother, respecting the right to inherit the real estate of the deceased. They referred the matter to a schoolmaster, who, acting on the axiom " land cannot ascend, but always descends," awarded in favour of the uncle (the younger brother). This bill was filed by the son of the elder brother to be relieved. Decided : — That the plaintiff was entitled to relief, and decreed accordingly, notwithstanding the maxim, Igno- rantia legis non exeusat. EARL OF BEAUCHAMP v. WINN. (L. E. 6 Eiig. & Jr. App. 223.) The late Earl of Beauchamp and the defendant had entered into an exchange of property, including a certain warren of conies, both proceeding upon the belief that the Earl had only the right of warren over the lands, and that defendant had the right to the lands themselves. Subse- quently the original lease was found, and the Earl con- sidered that it passed to him not merely the right of warren, but the right to the land itself. This suit was Digitized by Microsoft® LEADING CONVEYANCING AND EQUITY CASES. 91 commenced to rescind the agreement for exchange as being entered into in mutual ignorance and mistake. It was held by the judges that the words in the lease did not carry the soil but only the right of warren, but had it been otherwise, relief might have been given to the plaintiff; and the following points on the subject of mistake were laid down : — - 1. Where in the making of an agreement between two parties there has been a mutual mistake as to their rights occasioning an injury to one of them, the rule of Equity is in favour of interposing to grant relief. 2. Although the parties have subsequently to the agree- ment dealt with the property, or other circumstances have intervened, so that it may be difficult to restore them to their original condition, the Court will not, if a ground for relief is established, decline to grant such relief. 3. The rule, Ignorantia legis non excusat, though apply- ing where the alleged ignorance is that of a well-known rule of law, does not so apply where the mistake is of a matter of law arising upon the doubtful construction of a grant. 4. Acquiescence in what has been done will not be a bar to relief where the party alleged to have acquiesced has acted, or abstained from acting, through being igno- rant that he possessed rights which would be available against that which he permitted to be enjoyed. Notes. — A mistake as remediable in Equity is defined by Mr. Snell in Ms ' Principles of Equity ' as " Some unintentional act, or omission, or error, arising from ignorance, sui'prise, imposition, or misplaced confidence." Digitized by Microsoft® 92 LEADING CONVEYANCING AND EQUITY CASES. It is usually said that " Ignorantiafacti excusat," but " Ignorantia legis non excusai ;"■ but tbese two simple maxims do not at all adequately answei' the question, When will Equity give relief in oases of mistake ? This is, indeed, a question rather difficult to answer properly in a short space; but the law on the subject seems to be as follows : Mistakes may be divided into (1) Mis- takes in matters of fact, and (2) Mistakes in matters of law ; and as to the latter no relief will be given, except where the mistake is one of title arising from ignorance of a principle of law of such constant occurrence as to be supposed to be understood by the community at large. The case of Landsdoiime v. Landsdowiie given above is on this exception, the reason of which is, that a mistake in such a matter affords a conclusive presumption of ignorance, imposition, or the like. The rule of " Ignorantia legis non excusat" also does not apply where the mistake is of a matter of law arising upon some point of doubtful construction, for the ignorance before a decision of what was the true construction cannot deprive a person of his right to relief. It is very diffei-ent to a well-known rule of law (see Earl o/Beauchamp v. Winn, swpra.) But the other class, viz., mistakes in matters of fact, may be divided as of two kinds; (1) Where the mistake consists in having done something under an erroneous impression; and (2) Where it consists in having done something never intended to be done. In the latter kind of cases relief will almost universally be given, but in the former it is far more difficult to obtain relief, and more usually it will not be granted, though in some cases it will, for instance, when the mistake consists in supposing the existence of something which in point of fact does not exist. The mistake must generally be unilateral only unless founded on mutual surprise. Acquiescence in a mistake will deprive a person of any right to be relieved against it. In Earl of Beauchamp v. Winn the alleged mistake had existed for more than sixty years, and it was ai'gued in that case that the appellant was barred by his acquies- cence, which might be implied from length of time, but it was decided that the ignorance of the appellant prevented any ac- quiescence on his part. Digitized by Microsoft® GENEEAL INDEX. A. ACCIDEN-T, Relief given in the case of defective execution of powers, 11,13 . But not usually in the case of non-execution, 13 ACCtTMITLATION : See EXECXTTOKY InTEEEST ; PeBPETTJITIES. Period allowed for previously to the TheUusson Act, 15 Period allowed by that statute, 15, 16 Construction of that statute, 16 Exception contained in it, 16 Acquiescence, By cestui que trust in breach of trust, 86 Ademption op Leg-act : See Satisfaction, 76 Administbation of Assets : See Assets. Advancement, Presumption of, as against resulting trust, 42 In whose favour it arises, 42 Agent, Notice to, 70 Anticipation, Restraint on ■ See Sepaeate Estate, 51 Assets, The order in which they ai'e applied in payment of debts, 58 When the general personal estate is not the primary fund, 58, 59 B. Beeach of Teust, Acquiescence in, discharges tmstee, 86 Digitized by Microsoft® 94 INDEX. c. Cestui que tkust : See Trustees. By acqiiiescmg in breacli of trust, discharges trustee, 86 Charge of Debts, Pui'cliaser of personalty exonerated, though a, 38 But not where trust or charge on real estate, unless general, 38 Statutes hereon, 38, 39 Charities : See Mortmain. Defective execution of powers remedied in favour of, 13 Children, Bequest to, as a class, 22 Rules for construction of testamentary gifts to, 22 Class : See Children. Commons, Things to be appendant by prescription must agree in natui-e and quality, 6 Common appendant is of com.mon right, 6 Difference between common appendant and appurtenant, 6 Definition of a right of common, 6 Of five kinds, 6 Common of pasture of four kinds, 7 Time of enjoyment, 7 Compensation : See Election. Compromises : See Family Arrangement. Agreements entered into upon the supposition of a right, good, although it afterwards turn out that i-ight on other side, 83 Consideration, Conveyance or trust, though without, cannot be revoked, 33 Exception, 33 Constructive Eraud : See Fraud. Constructive Notice : See Notice. Constructive Trusts : See Trusts. Contract ; See Specific Performance. Conversion, Doctrine of, 67 When the objects of conversion fail, the property results in its original quality, 67, 68 Proceeds upon the maxim, "Equity looks on that as done which ought to be done," 68 Definition of, 68 Direction for, must be imperative, 68 Digitized by Microsoft® INDEX. 95 CONVEESION — continued. Tlie cases of Fletcher v. AsTibiwner and Achroyd v. Smithson distinguislied and explained, 68 Of terminable and reversionary property, 72 D. Debts. Purcliaser, when bound to see to payment of : See Purchaser, 38 Satisfaction of, by legacies : See Satisfaction, 76, 77 E. Basements, Rigbt of way extinguished by unity of possession, unless a way of necessity, 8 Definition of, 8 May arise by grant, or prescription, or Act of Parliament, 8 Time of enjoyment, 8 Election, Originates in inconsistent or alternative gifts, 44 Against the instrument, 44 Principle of compensation, and not forfeiture, governs the doctrine, 45 Equality is Equity, 30 Equitable Mortgage, May be created by deposit of title deeds, notwithstanding Statute of Frauds, 60 Equitable "Waste, 4 Provision in Judicature Act, 1873, as to, 5 Equity acts in personam, 87 Equity to a Settlement, The right of a married woman to, 48 If decree made for, and wife dies, it will be carried out for the children, 48 But children h-ave no independent equity of their own, 48, 49 No settlement decreed if previous settlement adequate, 49 Settlement of property on wife after marriage in considera- tion of, when good, 49 Forms an instance of maxim, " He who seeks equity must do equity," 49 How it may be waived, 49 How the right may be lost, 49 Estate Tail, Words that would confer such an estate in real property give an absolute interest in personalty, 23 Digitized by Microsoft® 96 INDEX. Executed Textsts : See Trusts. Definition of, 31 EXBCUTOES, No remuneration allowed to, 35 But a fair contract to receive compensation for acting, good, 36 Distinction between receipts of, and trustees', 85 , Conversion of terminable and reversionary property by, 72 ExECUTOET Intekests : See Pbepettjities ; Accumulation. Must take effect within a life or lives in being, and twenty- one years, 15 Wlien a period is allowed for gestation, 15 Esbcutoey Teusts : See Teusts. Definition of, 31 Expectant Heies, Bargains with, set aside on tie ground of constructive fraud, 53,54 F. Family Aeeangements, Will be carried otit by tlie Court if reasonable, 83 To be good there must be a full disclosure on all sides, 84 EoEFEiTUEES : See Penalties. Feaud, Constructive, by reason of fiduciary capacity, 37 Rule as to sucli cases, 37 On tbe Husband's marital right, 46 Exception to the rule laid down in Covjntess of Strathmore v. Bowes, 46 Constructive, in the case of bargains with expectants, 54 Same relief formerly given to reversioners and remaindermen, 54 Not so now, 54 G-. Geneeal Pbesonal Estate, When not the primary fund for payment of debts, 58, 59 Guardianship, Nature of guai'dianship under 12 Oar. 2, c. 24 . . 81, 82 If given to several, belongs to survivor, 81 Different kinds of, 81 A stranger can practically, to a certain extent, appoint a guardian, 82 H. Heie, Can only be disinherited by necessary implication, 21 Real estate converted for purposes which fail, results to, 68 Digitized by Microsoft® INDEX. 97 Ignobantia facti excusat 1 See Mistake, 90-92 Ig-noeantia legis non excusax, 90-92 Implication, Estates by, how they arise, 21 Devise to heir-at-law after death of another person, gives latter a life estate by implication, 21 SecMs vrhere devisee is not the heir, 21 Reason of this, 21 Implied Trusts : See Trusts. Infants, Guardian may be appointed to, under 12 Oar. 2, c. 24 . . 82 Natui'e of snch guardianship, 81, 82 Provisions of 2 & 3 Vict. c. 54 and 36 & 37 Vict. c. 12, as to, 82 Effect of their contracts, 54 J. Joint Tenancy, Is created by a gift to two or more simply, 29 Equity does not favour, 29, 30 None, where purchase for a joint undertaking, 29 But if property devised to partners jointly they will be joint tenants, 30 None, where purchase-money advanced in unequal shares, 29 None on mortgage, 30 None, onapurchaseby joint mortgagees of equity of redemp- tion, 30 Lapse, Arises by death of devisee or legatee during testator's life- time, 26 How it may be prevented, 25 Exceptions introduced by statute, 25 Legacies : See Satisfaction. When vested, and when contingent, 27, 28 If bequeathed "at," "if," or "when," usually contingent, 28 If two of same amount given by same instrument, usually considered a repetition, 74 But parol evidence admissible to shew the contrary, 74, 75 But if by different instruments, usually considered an augmentation, 74 And here parol evidence not admissible to shew the con- trary, 75 Lien, Vendor's, for unpaid purchase-money, 43 H Digitized by Microsoft® 98 INDEX. Lien —continued. Vendor may lose his, by taking another security, but proof is on the purchaser, 43 Vendor has lien, although the deed expresses that purchase- money is paid, 43 Vendor's, is now primarily payable out of the land, 43 LODGINaS, What notice is necessary to determine tenancy of, 2 M. Maeital Right, Fraud on the husband's, arises by secret conveyance by intended wife, 46 Except in case of seduction, 46 Supposed exception in the case of settlement on children by former man-iage, 47 Maeeiage Aeticles, Distinction between executory trusts in, and in wills, 32 If before marriage, and settlement afterwards, articles govern, 32 Secus if both after marriage, unless settlement expressed to be in pursuance thereof, 32 Maeeibd Woman" : See Equity to a Settlement ; Sbpakate Estate, For what debts her separate estate will be liable, 50, 61 On a mortgage of her estate for husband's purposes an implied trust arises, 50, 62 Effect of separate estate clause and clause against anticipa- tion, 51 Maxims oe Equity, Equality is equity, 30 Equity follows the law, 31, 32 He who seeks equity must do equity, 49 Where the equities are equal the law shall prevail, 56, 57 Eqtiity looks on that as done which ought to be done, 68 Equity imputes an intention to fulfil an obligation, 80 Equity acts in personam, 87 Mistake, When acquiescence in will bar claim to relief, 90, 92 Definition of, 91 Ignorantia facti excusat, 92 Ignorantia legis non excusat, 92 But mistake arising upon the doubtful construction of a grant wiU be relieved against, 91 Division of, 92 No relief usually in cases of mistakes of law, 92 Exception, 92 Digitized by Microsoft® INDEX. 99 Mistake — continued. Of fact, as a general rule relieved against in equity, 92 Of fact of two kinds, 92 Must be unilateral, 92 Monthly Tenancy, Proper notice to determine, 2 MOEiaAGE, Equitable, by deposit of title deeds notwithstanding Statute of Frauds, 60 Mortmain, Legacy towards discharge of mortgage, bad, 17 Statement of the different enactments on, 17, 18 Moveable Eepects, Owner of, for life, can be compelled to fui-nish inventory, 24 N. Notice, Purchaser for valuable consideration without, protected, 57 Former settlement preferred though not i-egisfcered, because of notice, 70 To an agent or trustee is to the principal, 70 Either actual or constructive, 70 What is constructive, 70 Registration alone is not, 70, 71 0. Option : See Election, 44 P. Parol Evidence : See Specific Peepormance, 62 ; Legacies, 74 Parol Variation ; See Specific Peeeormance, 62, 63 Penalties, When Equity will not relieve against, 88 When it wiU, 89 PERrORMANCE, Equity imputes an intention to fulfil an obligation, 80 Covenant to purchase land, and land is purchased, 79 Covenant to leave by wiU, and share under Statutes of Dis- tribution, 79 Distinction between, and satisfaction, 80 PERPBTriTIES, Rule against, 15 Further restriction as to accumulations, 15, 16 Digitized by Microsoft® 100 INDEX. Pbesonal Estate, Effect of giving it to one and the " lieii-s of Ms body," 23 Or for life, 23 General personal estate is tlie primary fund to pay debts, 58 Except in certain cases, 68, 59 POETIONS, Not to be raised if tbe party dies, though in similar cases a legacy might be, 27 Powers, Excessive execution of, 11 If execution excessive, part may be good, and excess only bad, 11 Equity will assist in case of defective execution, 11, 13 But not in the case of non-execution except in two cases, 13 Must be executed bond fide, 12 Of three kinds, 13 General and special, 13 Liability of purchaser under, of sale, to see to application of purchase-money, 38, 39 Pbecatokt Trusts, When created, 14 Recommendation must be imperative, 14 The subject and object of recommendation must be certain, 14 Pttbchasbb, His liability to see to application of purchase-money before statutes, 38 Trustees, powers of giving receipt to, under 22 & 23 Yict. c. 36, and 23 & 24 Vict. c. 146 . . 38, 39 Difference between those statutes, 39 No discovery against, without notice, 57 R. Receipts BY Trustees : See Trustees ; Executobs, 38 Remaindebmest, Formerly entitled to same relief as expectant heirs, 54 Statute as to, 54 Renewal oe Lease, Trustee renewing in his own name, a constructive trustee of renewed lease, 35 Resulting Trusts : See Tbusts. Reveesionebs, Formerly entitled to same relief as expectant heii's, 54 Statute as to, 54 Revebsionabt Pbopebty, Conversion of, by trustees, 72 Right of Common ; See Commons, 6 Digitized by Microsoft® INDEX. 101 Right oe Way : See Easements, 8 Rule in Shelley's Case, Terms of, 19 Applies to equitable estates, 19 But not wlLen one limitation legal and other equitable, 19 Rule in Wild's Case, Terms of, 20 Reason, 20 S. Satisfaction, Of legacy to child ooctirs if money afterwards advanced, 76 But not in the case of a strangei-, 76 Of debts by legacies, 76, 77 Definition of, 77 Equity leans against double portions, 78 But does not favour presumption of satisfaction of debts by legacies, 78 Distinction between, and performance, 79, 80 Separate Estate. For what debts liable, 60, 51 Effect of separate use clause, and of clause against anticipa- tion, 51 Though it may be liable, no personal decree can be made against a married woman, 51 Statute 33 & 34 Yict. c. 93 . . 52 Simony, Sale of next presentation incumbent being in extreinis, not bad, 9 But bad if living had been actually vacant, 9 Specific Delivery of Chattels. When decreed, 65 Will be decreed, though of no peculiar value, if fiduciary relation subsist, 65, 66 Powers now given to Common Law Courts, and how different from the powers in Equity, 66 Specific Pbefoemance, May be decreed, notwithstanding terms not strictly observed, 61,63 Of parol contract decreed after acts of part performance, 62 Also in two other cases, 68 Nature of the acts of part performance, 63 Defendant may go into parol evidence in resisting, 62 But plaintiff cannot usually do so, 62 When the decree wiU be with compensation, 63 When plaintiff may obtain decree with parol variations, 63 The powers given to common law, and how limited, 64 Of contract relating to land abroad may be enforced here, for equity acts in personam, 87 Digitized by Microsoft® 102 INDEX. Statutes ; 27 Hen. 8, c. 10 (Statute of Uses), 10 12 Car. 2, o. 24 (Guardiansliip), 81 29 Car. 2, c. 3 (Statute of Frauds), 60 9 Geo. 2, c. 36 (Mortmain Act), 17 39 & 40 Geo. 3, c. 98 (TheUusson Act), 15, 16 2 & 3 Wm. 4, c. 71 (Prescription Act), 7, 8 1 Yict. c. 26 (Wills Act), 25, 82 2 & 3 Yict. c. 64 (Infants), 82 17 & 18 Vict. c. 113 Locke King's Act), 59 0. 125 (Common Law Procedure Act, 1854), 64, 66 19 & 20 Vict. o. 97 (Mercantile Law Amendment Act), 41, 66 20 & 21 Vict. c. 57 (Married Women), 49 22 & 23 Vict. c. 35 (Lord St. Leonards' Act), 38, 39 23 & 24 Vict. o. 145 (Lord Cranwortli's Act), 38, 39 24 Vict. c. 9 (Mortmain), 17 27 Vict. c. 13 (Mortmain), 18 30 & 31 Vict. c. 69 (Locke King's Amendment Act), 43, 69 31 Vict. c. 4 (Reversioners, &c.), 54 33 "& 34 Vict. 0. 34 (Charities), 18 c. 93 (Married Women's Property Act), 52 34 Vict. c. 13 (Public Parks, &c.. Act), 18 35 & 36 Vict. c. 24 (Incorporation of Charitable Trustees), 18 36 & 37 Vict. c. 12 (Infants), 82 36 & 37 Vict. c. 66 (Judicature Act, 1878), 5 37 & 38 Vict. c. 62 (Infants), 64 Stjeettship, Contribution in Equity grounded on general justice and not on implied contract, 40 Surety entitled to enforce contribution, although ignorant that there were co-sureties, 40 At Law contribution is founded on contract, 40 Different eiFects of insolvency at Law and in Equity, 40 Contribution against representatives of a deceased surety, 40 Right of sureties who pay principal's debt, 41 Stjevitoeship, None in joint undertakings, 29, 30 None in purchases when money advanced in unequal shares, 30 None in mortgages, 30 T. Tacking, Doctrine of, 55 Third mortgagee who advanced without notice of second may buy in first mortgage and tack, 55 Judgment ci'editor cannot tack, for he did not lend his money on security of the laud, 55 Digitized by Microsoft® INDEX. 103 Tacking — continued. First mortgagee lending further sam. on a judgment may tack against mesne incumbrancer, 55 Exemplifies maxim that where the equities are equal the law shall prevail, 56 Tenancy at Wilt., May arise by simply letting premises and reserving a com- pensation accruing de die in diem, 1 Rule for determining when tenancy at will and when for years, 1 Tenancy in Common. Equity leans towards, in preference to joint tenancy, 29, 30 Tenancy feom Tear to Teae, On a general letting, is implied on payment of a yearly rent, 1 Or on a general letting at a yearly rent, though payable half- yearly or quarterly, 1 The Courts lean to a tenancy from year to year in preference to a tenancy at will, 1 Proper notice to determine, 2 Teust Estate, Will pass imder a general devise unless a contrary intention appears, 26 TitrSTS : See Teustees. How the modem doctrine of uses and trusts arose, 10 Executed and executory, 31, 32 Illustration of maxim that Equity follows the Law, 31 Distinction between trusts executory in marriage articles and in wills, 32 Distinction as to voluntary, 33 Though voluntary cannot be revoked unless it be a trust for creditors, 33 If purchase made and conveyance taken in a stranger's name resulting trust arises, 42 Unless certain relations exist, 42 Parol evidence admissible to contradict resulting trust, 42 Constructive, in case of vendor's lien, 43 Trustee: SeeTEirsTS. Cannot generally purchase from cestuis que trust, 34 But may when cestui que trust is sui juris, and has discharged him, 34 Cannot renew lease for his own benefit, 35 Must not make any advantage out of trust, 35 No remuneration allowed to, 35 But may stipulate to receive fair compensation, 36 Can now give valid receipts for all moneys payable to him under his trusts by reason of 22 & 23 Vict. c. 35, and 23&24Vict. c. 145..38, 39 Differences between these two statutes, 39 Digitized by Microsoft® 104 INDEX Trustee — continued. Distinction between receipts of trustees and executors, 85 Distinction does not exist if it was necessary for executor to join, 85, 86 Acquiescence in breacli of trust discbarges, 86 U. Uses : See Trttsts. Statute of, 10 Use upon a use, 10 How the modern doctrine of uses and trusts arose, 10 V. Yendob's Lien : See Lien, 43 Voluntary Convbtancbs or Trusts, Cannot be revoked, 33 Exception, 33 w. "Waste, Tenant in tail not punishable for, 3 The rights of tenants for life, 3 Definition of, 4 Is either voluntary or permissive, 4 Or legal or equitable, 4 Statement of the liability of different owners for, 4, 5 Provision of the Judicature Act, 1873, as to equitable waste, S Wasting Property, Conversion of, by trustees, 72 Weekly Tenancy, Proper notice to determine, 2 London: printed bt w. clowi^s and sons, stampoud street and cnARiNo cno3S Digitized by Microsoft® NEW AND IMPORTANT LAW WOEKS PUBLISHED AND SOLD BY ST E FENS & HATNES, BELL YARD, TEMPLE BAR, LONDON. BOOKS BOUKD IN THE BEST OF BINDING. Works in all Classes of Literature supplied to Order. FOREIGN BOOKS IMPORTED. LIBRARIES JTALUED FOR PROBATE, PARTNERSHIP, AND OTHER PURPOSES. LIBRARIES OR SMALL COLLECTIONS OF BOOKS PURCHASED. A large Stock of Reports of the various Courts of England, Scotland, and Ireland always on hand, in very superior condition. Catalogues and Estimates Furnished, and Orders Promptly Executed. Note. — We make a special point of supplying books in fine order, of the best editions, and bound in the best and most substantial binding. The slight advance thus created in the cost of a set or series of Treatises or Reports is more than compensated for by their durabihty and increased permanent value. We respectfully requestD]^td^^^fe^lsSMP be taken to direct all letters intended for us to the above address. STEVENS & HAYNES, BEU YARD, TEMPLE BAB. INDEX OF SUBJECTS. ADMIRALTY LAW— Jones Kay Parsons United States Reports AGENCY— Story AMERICAN CONSTITUTIONS , 15 18 36 38 AMERICAN REPORTS AMERICAN TREATISES , 37 31 31-39 31-39 APPELLATE PROCEEDINGS— Powell 36 ARBITRATION— Morse 35 ARTICLED CLERKS— See STUDENTS. BAILMENTS— Story 37 BALLOT ACT— Bushby 27 BANKRUPTCY— Roche and Hazlitt S BIBLIOGRAPHY 30 BILLS OF LADING— Kay 19 BILLS OF SALE— Roche and Hazlitt 5 CANADA— Code of 33 Wotherspoon 39 CARRIERS— See RAILWAY LAW. „ SHIPMASTERS. CHANCERY— See EQUITY. CHARITABLE TRUSTS— Cooke 16 CIVIL LAW— See ROMAN LAW. CODES— Canada 33 New York 36 COLLISIONS AT SEA— Kay 22 United States District Reports . 38 COLONIAL LAW— Forsyth 14 COMMENTARIES— Kent .... Story . . . ^. O/gffeed^^, COMPANIES LAW— Brice 40 Browne 30 Buckley 17 Reilly's Reports 17 COMPENSATION— Lloyd 15 CONFLICT OF LAWS — Story 37 Wharton 39 Woolsey 10 CONSTITUTIONAL LAW AND HISTORY— Forsyth 14 Taswell Langmead . . . . 10 Story ^.38 CONTRACTS— Langdell 35 Parsons 36 Story 38 CONVEYANCING, Principles of— Deane 9 COPYRIGHT— Copinger 12 CORPORATIONS— Brice 40 COVENANTS FOR TITLE— Rawle 37 CREW OF A SHIP— Kay 20 CRIMINAL LAW— Bishop 33 Wharton 39 See MAGISTERIAL LAW. CROWN LAW— Kelyng DAMAGES— Mayne . . ... DESCENT— Bingham .... DICTIONARY— Brown .... 29 .... 24 • • 33 10 DIGESTS— Abbott 31 Paschal . 36 DIVORCE— Bishop . . . ■ 33 Browning 12 DOMESTIC RELATIONS— Schouler 37 DUTCH LAW— gn Der Keesel 25 ape of Good Hope Reports. . 25 /V icrosoi STEVENS & HAYNES, BELL YARD, TEMPLE BAR. INDEX OF SUBJECTS— continued. PAGE ELECTION LAW & PETITIONS— Bushby 27 Hardcastle 27 O'Malley and Hardcastle ... 27 EQUITY— Bispham 33 Choyce Cases 29 Pemberton 26 Snell 9 Story 37 ESTOPPEL— Bigelow 32 EXAMINATION OF STUDENTS— Indermaur II EXTRADITION— Clarke 8 FIRE INSURANCE— Bennett 32 FIXTURES- Brown 16 FRAUDULENT CONVEYANCES— 30 13 35 Bump May GAME LAWS— Locke HYPOTHECATION— Kay INDEX TO PRECEDENTS-^ Copinger INJUNCTIONS^ Joyce INSTITUTE OF THE LAW— Brown's Law Dictionary . INSURANCE— May Bennett 32 Bigelow 33 Phillips 36 INTERNATIONAL LAW— Clarke 8 Wharton 39 Woolsey 10 JOINT STOCK COMPANIES— 5^« COMPANIES. JUDICATURE ACT— Griffith 25 Indermaur 11 JURISPRUDENCE— Forsyth 14 LAND TENURES— Finlason . 16 LAW DICTIONARY— Brown 10 Law review— American .D'S['fe§^iy(fl(«(PKg9fttLED CASES - Southern 3^ LAWS, SPIRIT OF— Montesquieu g LEADING CASES— Common Law 11 Equity and Conveyancing . . 1 1 ■ Mercantile Law 34 Sales 35 Contracts 35 LEGACY AND SUCCESSION— Hanson 12 LEGAL REMEDIES— High 34 LIFE ASSURANCE— Bigelow 33 Buckley 17 Reilly 17 LIQUIDATION WITH CRE- DITORS— Roche and Hazlitt 5 Salaman 26 And see BANKRUPTCY. LLOYD'S BONDS 16 MAGISTERIAL LAW— Greenwood and Martin . . 6 MANDAMUS— High 34 MARINE INSURANCE— Parsons 36 MARRIAGE AND DIVORCE— Browning 12 Bishop 33 MARRIED WOMEN— Bishop 33 MARRIED WOMEN'S PRO- PERTY ACTS— Griffith . . II MASTER AND SERVANT— See SHIPMASTERS & SEA- MEN, MEDICAL JURISPRUDENCE— Wharton and Stille .... 39 MERCANTILE LAW— See SHIPMASTERS & SEA- MEN. „ STOPPAGE IN TRANSITU. „ LEADING CASES. MINES— Nevada Reports 35 NEGLIGENCE— Campbell 30 NEW TRIALS— Hilliard 34 OBLIGATIONS— Brown's Savigny 10 Bigelow . ■32 STEVENS & HATHES, BELL YAED, TEMPLE BAE. INDEX OF SVB3ECTS— continued. PAGE PARTNERSHIP— Story 37 PASSENGERS— 5er RAILWAY LAW. PASSENGERS AT SEA— Kay 22 PATENTS— Curtis . .34 Fisher . . 34 .Wynne's Bovill Case . . . . 12 PERSONAL PROPERTY— Schouler 37 PERSONATION and IDENTITY— Moriarty iS PILOTS— Kay 22 POLICE GUIDE— Greenwood and Martin ... 6 PRIORITY— Robinson 26 PROBATE— Hanson 12 PROHIBITION— High 34 QUESTIONS FOR STUDENTS— Indermaur II QUO WARRANTO— High 34 RAILWAYS— Godefroi and Shortt . . . 15 Lloyd IS Redfield 37 REAL PROPERTY— Deane 9 REPORTS— American 31-39 Bellewe . . 28 Brooke 29 Cape of Good Hope .... 25 Choyce Cases . . ... 29 Cooke .29 Cunningham ... .28 Election Petitions 27 Finlason 26 Fisher .34 Idaho 34 Insurance Cases . . . . 32, 33 Kelyng, John 29 Kelynge, William 29 Nebraska ....... 35 Nevada 35 New York 36 Oregon 36 Reilly 17 United States . . . .Digitized _ Washington Territory. ... 38 ROMAN LAW— Brown's Analysis of Savigny . . 10 Hadley 34 SALES— Hilliard 34 Langdell 35 SALVAGE— Jones 15 Kay 23 SEA SHORE— Hall- 25 SHIPMASTERS AND SEAMEN— Kay 18 SHIPPING— Parsons 36 SLANDER— Townshend 38 SOCIETIES— See CORPORATIONS. STATUTE OF FRAUDS— Throop 38 STOPPAGE IN TRANSITU— ' Houston 26 Kay 20 STUDENT'S BOOKS— Brown 10 Deane 9 Grifath I! Indermaur Ii Montesquieu 9 Snell 9 Taswell-Langmead ... 10 Woolsey 10 SUCCESSION DUTIES— Hanson 12 TELEGRAPH CASES— Allen . 31 TRADE MARKS— Browne 33 TREASON— Kelyng 29 TRIALS— Queen v. Gurney 26 ULTRA VIRES— Brice 40 UNITED STATES— Abbott 31 Andrew's Manual 32 And see AMERICAN TREA- TISES. VERBAL AGREEMENTS— Throop 38 VOLUNTARY CONVEYANCES— May 17 4?/S*b&«5!®>OWERS— Whiting ... ■ • 39 STEVENS & HATNES, BELL TABD, TEMPLE BAB. In one thick volume, 8vo., 1873, P"ce ^os., cloth lettered, THE LAW AND PRACTICE IN BANKRUPTCY; Comprising the Bankruptcy Act, 1869 ; the Debtors Act, 1869 ; the Insolvent Debtors and Bankruptcy Repeal Act, 1869 ; together with the General Rules and Orders in Bankruptcy, at Common Law and in the County Courts, the Practice on Pro- cedure, copious Notes, References, and a, very full Index. Second Edition. By Henry Philip Roche and William Hazutt, Barristers-at-Law, and Registrars of the Court of Bankruptcy. From tlie LAW TIMES. "This work is one which has naturally carried with it more weight than any other text-book, having been written by two registrars of the Court of Bankruptcy. In practice it has been found to realise the anticipations formed concerning it, in proof of which we have now in our hands a second edition. Perhaps the most valuable feature of the work is the fulness of the practical details which enable a tyro to transact his business with tolerable security. The first half of the work comprises the Bankruptcy Act and the Debtors Act, which have been carefully and ably noted with all the deci- sions ; and the latter half is devoted mainly to practice and procedure. The Bills of Sale Act and one or two other enactments are incorporated which are frequently consulted by the bankruptcy practi- tioner. A very elaborate index ends the volume." From tlie LAW JOURNAL. * * The first two hundred pages of the work contain the Bankruptcy Act of 1869, printed in large type ; and, where it is necessary, the learned authors have inserted after each section, in smaller type, very copious notes -of the law, and all the cases referring to each particular subject. For instance, after section 15, which defines the property of a bank- rupt divisible among his creditors, we find more than eight pages of notes and cases showing the present state of the law with reference to order and disposition, bills of sale, &c. Again, after section 72, which confers upon the Court of Bankruptcy full power to deal with and decide (without the interven- tion of the Courts of Common Law and Chancery) any question which may arise in the course of a bankruptcy, all the cases on the subject are very fully referred to, and the different opinions of the late Lord Chancellor and the Lords Justices in relation to the extension or curtailment of this novel juris- diction are set out with a precision and minuteness which render any reference to the reports them- selves almost unnecessary. In the addenda of cases the recent case of ^:r parte Gordon, in re Dixon, is mentioned, which decides that when pro- ceedings are instituted in Bankruptcy, and at the same time there is a pending Chancery suit, and the parties to the Bankruptcy and Chancery pro- ceedings are substantially the same, and their rights and liabilities can be equally well ascertained under the bankruptcy as in the Chancery suit, the Court of Bankruptcy has jurisdiction under section 72 to stay proceedings in the Chancery suit so far as may be necessary The work before us also contains the Debtors Act of 1869, the Bank- ruptcy Repeal Act of 1869, the Absconding Debtors Act, 1869, with several other Acts and all the General Rules in Bankruptcy, printed and anno- tated in the same manner as the principal Act. There is als-o a very full collection of forms and bills of costs ; hut the portion of the work which is decidedly the most novel, aftd we imagine will prove extremely -usejul, is that comprised in pages 355-474, 'which contain an exposition by the authors on the practice on procedure to adjudication, liqui- dation, and composition with creditors, an^ on procedure under a debtors' sum-momiQivl-^^ n^ ofteot that apractisitig lawyer is able to turn to a book on Practice writte?t by the Judges 0/ the parti- cular Court to which ti relates, and, as it were, stamped with the seal 0/ authority In con- clusion, we have only to say that Messrs. Roche and Hazlitt have appmded to their work a very full and copiotts i?idex, and that we can cordially and conscientiously recommend tt to the notice of the legal prof ession" From the SOLICITOKB' JOURNAL. "The first edition of this work, issued shortly after the passing of the Acts of 1869, to meet a pressing demand, consisted of little more than a re- print of the Acts, Rules, and Forms, with a few notes and an index. In the present edition, how- ever, the book has been expanded into a treatise on the law and practice in bankruptcy and now con- stitutes a bulky volume of 84a pages. The plan of the authors is to print the sections of the Acts in the order in which they stand in the Statute-book, appending to them notes more or less lengthy. These are followed by chapters on the practice on procedure to adjudication, procedure to liquidation, procedure to composition with creditors, procedure under debtors' summons, costs, and at the close of the work the General Rules, Orders, and Forms are given in full. The design of the authors is stated in the preface to have been ' more especially to render the volume of practical utility to the pro- fession,' by which we understand them to mean that the practitioner should, with the least possible trouble, be able to lay his hand upon the law re- lating to the particular point as to which he desires information. For this purpose there is doubtless something to be said in favour of the retention of the arrangement of sections adopted in the Bank- ruptcy Act, 1869 — singular and illogical as that arrangement is. Experience has made it tolerably familiar ; the practitioner knows his way in the Act, and on many points can recall the number of the section relating to the point under discussion. In the book before us, such a reader is enabled by means of large consecutive figures at the head of each margin to reach the section and cases he re- quires without the trouble of referring to the index. In the hurry of daily practice this will probably be found no small advantage. In the subsequent chapters on adjudication, liquidation, composition, and debtors' summons, the arrangement adopted is the convenient one for practical purposes of tracing each consecutive step of the procedure, and weld- ing together the provisions of the Acts, Rules, and Forms, with the substance of the cases. This appears to us to be successfully accomplished, and the book, as a whole, constitutes a useful digest of the statutory and case law. As regards the former, the work appears to contain every provision rela- ting to or connected with the subject, including even the orders made in December, 1869, transfer- ring business then pending. The cases are taken from a wide range of reports and include a con- siderable number cited from MSS. notes. Even Lord Westburys characteristic remarks in Michael Brown's case (17 S. J. 310) as to the effect in certain cases of section 23 of the Bankruptcy Act, . .1869, find a place in the volume. The index is /l|?/6ISiSQa^ full, combining both an analysis and index ; and, lastly, the type and paper are all that can be desired." STEVENS & HAYNES, BEIL YARD, TEMPLE BAE. Just ready, in One Volume, 8vo. A MAGISTERIAL and POLI'CE GUIDE : The Statute Law, including the Session of 1874, with Notes and Keferences to the most recently decided Cases, relating to the Procedure, Jurisdiction, and Duties of Magistrates and Police Authorities IN THE METROPOLIS AND IN THE COUNTRY. With an Introduction showing the General Procedure before Magistrates both in Indictable and Summary Matters ; And a COPIOUS INDEX to the WHOLE WOEK. By henry C. greenwood, stipendiary magistrate of the potteries district, AND TEMPLE C. MARTIN, of the Southwark Police Court. TABLE OF SUBJECTS. INTRODUCTION. Abortion : see "Malicious Injuries (Persons)." Accessory. Adulteration of Food. ,, Seeds. Affray. Agricultural Gangs. Aliens. Alkali Works. Anatomy. Animals. Arrest. Arsenic. Arson. Artizans and Labourers Dwellings. Assaults. Attempts and Solicitations. Bakehouses. Baker, see "Bread." Bankruptcy. Bastards. Baths and Washhouses. Betting-Houses. Billiards. Birds. Blasphemy. Bleaching and Dyeing Works : see " Factories." Borough Bye-laws. Bread. Brothel : see "Disorderly House." Burglary and Housebreaking. Building Societies. Burials. Canals. Cemeteries. Chain Cables and Anchors . Challenge. Chemists: see "Poisons, Sale of." Children and Infants. Chimney Sweepers. Digitized by Church or Chapel. Coals. Coinage. Colonies. Combinations. Companies. Compounding Oifences. Conspiracy. Constables. Convicts. Copyright (Art). ,, (Books). ,, (pesigns). Com. Criminal Justice Act; Cruelty. Customs. Dangerous Goods. Disobedience. Disorderly House. Documentary Evidence. Dogs. Drunkenness : see "Intoxicating Liquors.' Education. Elections. Embezzlement : see "Larceny."' Escape. Excise. Exhibition Medals. Exposure. Extortion. Extradition. Factories. Fairs: see " Markets and Fairs." False Pretences. Felony. Fires (Metropolitan). Fisheries. Forcible Entry. Foreign Enlistment. Forgery. M/EwerdSfisnt Agents. Friendly Societies. STEVENS & HAYNES, BELL YABD, TEMPLE BAR. A MAGISTERIAL AND POLICE GUIDE. TABLE OF SUBJECTS-csKi^JKK^*'. Game. Gaming-Houses. Gaols : see " Prisons." Gardens in Towns. Gas (Clauses). „ (Metropolitan). „ (Sale of). Gunpowder. Hackney Carriages : see " Stage and Hackney Carriages." Hawkers : see " Pedlars." Health: see " Sanitary Acts." , Highways. Homicide. Hops. Industrial Schools. Infants : see "Children and Infants." Intoxicating Liquors. Juvenile Offenders. Landlord and Tenant. Larceny. Libel. Loans. Local Boards : see " Sanitary Acts." Local Stamps. Locomotives. Lodging- Houses. Lord's Day. Lotteries . Lunatics. Malicious Injuries (Person). „ „ (Property). Marine Storedealers. Markets and Fairs. Marriage. Married Women's Protection Orders. Masters and Servants. Meat. Medical Practitioners. Merchandize Marks. Merchant Shipping. Metal Dealers. Military Law. Militia. Mills: j^f " Factories." Mines (Coal). ,, (Metalliferous). Misdemeanour. Municipal Corporations. Muriatic Acid : see "Alkali." Naval Stores. Navy. Oaths. Parks. Paupers. Pawnbrokers. Pedlars. Perjury. Personation. Piracy. Poisons. Poisoned Grain. Police (Metropolitan";. ,, (Towns). Post Office. Pounds : see " Cruelty." Printers. Prisons. Prizefight. Railways. Rape: see "Malicious Injuries (Person)." Rates. Real Estate. Receivers. Reformatory Schools. Rescue : see " Escape." Riots. Rivers and Canals : see " Canals." Robbery. Sanitary Acts. Savings Banks. Seditious Meetings. Slander. Slaughter-Houses. Smoke. Stage Carriages. „ and Hackney Carriages (Metrop.). Steam Whistles. Stores : see " Naval" and " War Depart- ment." Stocking Frames. Suicide. Sunday : see " Lord's Day.'' Swearing. Telegraphs, Thames. Theatres. Threats. . Tolls. Towns. Trade Marks. Trades Unions. Trading Companies. Training to Arms. Tramways. Treason. Treasure Trove. Turnpike Roads. Vaccination. Vagrants. Vendors. War Department Stores Waterworks. Digitized bV /VVfeighis and Measures. 1 Witchcraft. STEVENS & HAYNES, BELL YABD, TEMPLE BAR. THE LAW OF EXTE ADITION. Just published, Second Edition, in 8vo., price iSs., cloth, A TREATISE UPON THE LAW OF EXTRADITION. WITH THE CONVENTIONS UPON the SUBJECT EXISTING BETWEEN ENGLAND AND FOREIGN NATIONS, THE CASES DECIDED THEREON. By EDWARD CLARKE, OF LINCOLN'S INN, BARRISTER-AT-LAW, AND LATE TANCRED STUDENT. " The opinion we expressed of the merits of this work when it first appeared has been fully justified by the reputation it has gained. This new edition, embodying and ex- plaining the recent legislation on extradition, is likely to sustain that reputation There are othpr points we had marked for comment, but we must content ourselves with heartily commending this new edition to the attention of the profession. It is seldom we come across a book possessing so much interest to the general reader and at the same time furnishing so aseful a guide to the lawyer." — The Solicitors' Journal. "The appearance of a second edition of this treatise does not surprise us. It is a useful book, well arranged and well written. A student who wants to learn the principles and practice of the law of extradition will be greatly helped by Mr. Clarke. Lawyers who have extradition business will find this volume an excellent book of reference. Magistrates who have to administer the extradition law will be gr^tly assisted by a careful perusal of ' Clarke upon Extradition.' This may be called a warm commenda- tion, but those who have read the book will not say it is unmerited. We have so often to expose the false pretenders to legal authorship that it is a pleasure to meet with a volume that is the useful and unpretending result of honest work. Besides the Appendix, which contains the extradition conventions of this country since 1843, we have eight chapters. The first is ' Upon the Duty of Extradition ; ' the second on the ' Early Treaties and Cases ; ' the others on the law in the United States, Canada, England, and France, and the practice in those countries." — The Law Journal. " One of the most interesting and valuable contributions to legal literature which it has been our province to notice for a long time, is ' Clarke's Treatise on the Law of .Extradition.' Mr. Clarke's work comprises chapters upon the Duty of Extradition ; Early Treaties and Cases ; History of the Law in the United States, in Canada, in England, in France, &c., with an Appendix containing the Conventions existing between England and Foreign Nations, and the Cases decided thereon The work is ably prepared throughout, and should form a part of the library of every lawyer interested in great Constitutional or International Questions." — Albany Law The Times of September 7, 1S74, in a long article upon "Extradition Treaties," makes considerable use of this work, and writes of it as "Mr. Clarke s iiseful Work on Extradition." Digitized by Microsoft® STEVENS & HAYHES, BELL YABD, TEMPLE BAB. Third Edition, in 8vo., price 20^., cloth, THE PRINCIPLES OF EQUITY. INTENDto FOR THE USE OF STUDENTS AND THE PROFESSION. By Edmund H. T. Snell, of the Middle Temple, Barrister-at-Law. Third Edition by JOHN R. Griffith, of Lincoln's Inn, Barrister-at-Law. In one vol., 8vo., 1874. *5^* This Work has become a Standard Class-book in England, Ireland^ India, and the Colonies. REVJEWS OF SECOND EDITION. " The lectures of Mr. Birkbeck probably bear the ordeal of reproduction better than any other lectures on law of which we have any know- ledge. He is a more scientific lawyer than Mr. Smith, whose manual has been so largely used by law students, and naturally, therefore, * Snell's Equity" must be more useful than Smith's Manual. With respect to this edition, we have only to observe that Mr. Griffith has edited his author's work with great care, and has noted all the cases, whilst pre- serving the convenient form in which it originally appeared." — Laiv Times. *' The book has the merit of being written in clear and intelligible language. It is admirably printed, and otherwise carries with it an attractive appearance," — Law Jou-nial. "Mr. Snell's volume, which we noticed favour- ably some four years ago on its first appearance, is a manual very well adapted for the use of students, being written and arranged with discrimination and intelligence. We have pleasure in stating our opinion that the work will continue to maintain the position it had already gained." — Solicitors^ Journal. " It (Snell's book) is less bulky than Story's Commentaries, while it is easier to comprehend ; and, from the number of illustrative cases, easier to remember than Adams' Treatise on Equity. And on one point it is superior to both, and, indeed, deserves high commendation. Every one who has read the recent reports of Equity Cases in England, is aware how many important decisions have been made within the Ikst four years on many points of Chancery law. 'To these decisions, which are wholly wanting in Adams, and very imperfectly given in the recent editions of Story's Commentaries, Mr. Snell has made very full reference ; and it is this part of his book which, besides its aid to the student, gives it a real value to the practitioner." — American Law Review. Just ready, in one volume, 8vo., PRINCIPLES OF CONyEYANCING. AN ELEMENTARY WORK FOR THE XJSE OF STUDENTS. By Henry C. Deane, of Lincoln's Inn, Barrister-at-Law, Lecturer to the Incorporated Law Society of the United Kingdom. The object of this work is, first, to present to the Student an Elementary View of the various Forms of Ownership of Land which exist at the present day ; and next, to Examine the Simpler Forms of Conveyance used in Transferring Land from one person to another. MONTESQUIEU'S SPIRIT OF LAWS. In 2 vols., 8vo., 1873, price 30^'., cloth, THE SPIRIT OF LAWS. By Baron de Montesquieu. Translated from the French by Thomas Nugent, LL.D. A New Edition, carefully Revised and compared with the best Paris edition, to which are prSiS^fffP' Memoir of fife Life and Writings of the Author, and an Analysis of the Work, by M. D'Alembert. 10 STEVENS & HAYI7ES, BELL YABB, TEMPLE BAB. i00liS iax S'iu'atnh— continued. In one volume, 8vo., A NEW LAW DICTIONARY, AND Institute of t|)c iM!)ole iLato ; EMBRACING FRENCH and LATIN TERMS, and REFERENCES TO THE AUTHORITIES, CASES, and STATUTES. By Archibald Brown, M.A. Edin. and Oxen, and B.C.L. Oxen, of the Middle Temple, Barrister-at-Law, Author of the "Law of Fixtures," "Analysis of Savigny's Obligations in Roman Law," &c, WOOLSEY ON INTERNATIONAL LAW. In post 8vo., 1874, Fourth Edition, price 15.?., cloth, INTRODUCTION ^ TO THE STUDY OF INTERNATIONAL LAW, DESIGNED AS AN AID IN TEACHING, and IN HISTORICAL STUDIES. By Theodore D. Woolsey, late President of Yale College. Fourth Edition, revised and enlarged. /« t/ie Press. ENGLISH CONSTITUTIONAL HISTORY, DESIGNED FOR THE USE OF STUDENTS AND OTHERS. By T. P. Taswell-Langmead, B.C.L., of Lincoln's Inn, Barrister-at-Law, late Vinerian Scholar in the University of Oxford, and Tancred Student in Common Law. In 8vo., 1872, price ys. 6d., cloth, AN EPITOME AND ANALYSIS OF SAVIGNY'S TREATISE ON OBLIGATIONS IN ROMAN LAW. By Archibald Brown, M.A. Edin. and Oxon. and B.C.L. Oxon., of the Middle Temple, Barrister-at-Law. " Mr. Archibald Brown deserves the thanks of all interested in the science of law, whether as a study or a practice, for his edition of jfierr von Savigny's great work on 'Obligations.' Mr. Brown has undertaken a double task — the translation of his author, and the analysis <)f his author's matter. That he has succeeded in reducing the bulk of the original will be seen at a glance ; the French translation consisting of two volumes, with some five hundred pages apiece, ^igitti^etkhy MtaeosoM^c of great use to the legal practitioner, with Mr. Brown's tbin volume of a hundred and fifty_ pages. At the same time the pith of Von Savigny's matter seems to be very successfully pre- served, nothing which might be useful to the English reader being apparently omitted. "The new edition of Savigny wilt, we hope, be extensively read and referred to by English lawyers. If it is not, it will not be the fault of the translator and epitorniser. Far less will it be the fault of Savigny himself, whose clear definitions and accu- — Law yourtial. STEVENS & HAYNES, BELI YARD, TEMPIE BAR, 11 §0flks for SitnlamiB— continued. In 8vo., 1874, price 3J-., cloth, SELF-PREPARATION FOR THE FINAL EXAMINATION. CONTAINING A COMPLETE COURSE OF STUDY, WITH STATUTES, CASES, AND QUESTIONS ; And intended for the use, during the last four months, of those Articled Clerks who read by themselves. By John Indermaitr, Solicitor (Clifford's Inn Prizeman, Michaelmas Term, 1872) ; Author of " Epitomes of Leading Common Law, and Equity and Conveyancing Cases." Second Edition. In 8vo., 1874, price S-f., cloth, AN EPITOME OF LEADING COMMON LA W GASES; WITH SOME SHORT NOTES THEREON. Chiefly intended as a Guide to "Smith's Leading Cases," By John Indermaur, Solicitor (Clifford's Inn Prizeman, Michaelmas Term, 1872). Smith's ' Leading Cases/ At the end of thirteen months from the publication of the little volume the demand has justified a second edition. Last year we suggested that the compiler of the book knew the value of skilful ' cram' in the law examinations ; and the call for a second edition plainly shows that our suspicion was correct. One case has been added, and aUo references to the original reports of the several cases ; otherwise, the book is a mere reprint, and a glance at it with a knowledge of its popularity affords an exact view of the art of examination as used in the 'Final.'" — The Law Journal. " This should be placed in the handy-volume series of law books. Its title expresses its object — that of an Epitome and Guide to Leading Cases. The Cases themselves are stated with admirable brevity and clearness, and the notes turn out to be more full and instructive than their material size would seem to indicate.. The type and binding are excellent, and in several respects this is an im- provement on the first edition." — Aynertcafl Law Review. " Mr. John Indermaur published last year an epitome of leading common law cases intended as a guide to, or rather we should say as the essence of Second Edition, inSvo., 1874, price 6j., cloth, AN EPITOME OF LEADING CONVEYANQING AND EQUITY GASES: WITH SOME SHORT NOTES THEREON, FOR THE USE OF STUDENTS. By John Indermaur, Solicitor, Author of " An Epitome of Leading Common Law Cases." THE NEW JUDICATURE ACTS. In preparation, in 8vo., THE STUDENT'S GUIDE TO THE SUPREME COURT OF JUDICATURE ACT. AND THE RULES THEREUNDER; Being a bool< of Questions and Answers intended for the use of Law Students. By John Indermaur, Solicitor, Author of " Self-preparation for the Final Exami- nation," and " Epitomes of Leading Common Law, and Equity and Conveyancing Cases." • ' Third Edition, in preparation, THE MARRIED WOMEN'S PROPERTY AGTS, 1870 AND 1874. THEIR RELATIONS to the DOCTRINE of SEPARATE USE, &c. &c., Ann(flM5erfift)( MS^(5^?ffi Forms. By John R. Griffith, B.A. Oxon., of Lincoln's Inn, Barrister-at-Law. 12 STEVENS & HAYNES, BELE YABD, TEMPLE BAR. In one volume, 8vo., 1870, price i8j., cloth lettered, THE LAW OF COPYRIGHT, In Works of Literature and Art ; including that of the Drama, Music, Engraving, Sculpture, Painting, Photography, and Ornamental and Useful Designs ; together with International and Foreign Copyright, with the Statutes relating thereto, and References to the English and American Decisions. By Walter Arthur COPINGER, of the Middle Temple, Barrister- at- Law. ' "A book that is certainly the most complete trea- tise upon the complex subject of copyright which has everbeen published in England." — Aihenxum. "A work much needed, and which he has done exceedingly yi^\" — American Law Review. " We make no question that Mr. Copinger's well-devised, well-written, and useful treatise will become a standard work." — Law yournal. " The book is a thoroughly good one : there is scarcely a decision of any importance left un- noticed, and the law in its bearings is fairly and judiciously treated." — The Bookseller. " In conclusion we refer our readers to this capital book on Copyright. The reader will find in it citations on the latest cases bearing on the subject, chapters on International Copyright, and the best and newest opinions on the subject so very important to authors and to publishers." — The Puh- lishers' Circular. Second Edition, in one thick volume, crown 8vo., price 20j., cloth, SUCCESSION THE PROBATE, LEGACY, AND DUTY ACTS: Comprising 36 Geo. III. cap. 52; 45 Geo. III. cap. 28; 55 Geo. III. cap. 184; and 16 & 17 Vict. cap. 51 ; with an Introduction, copious Notes and References to all the decided Cases in England, Scotland and Ireland, to Michaelmas Term 1870 ; together with an Appendix of Statutes, Forms, Tables of Duties, and a full Index. By Alfred Hanson, Esq., Comptroller of Legacy and Succession Duties. "It is the only complete book upon a subject of great importance, but which does not come within the regular course of professional study, and there- fore requires to be read up when a case having reference to it comes into the solicitor's office. "Mr. Hanson is peculiarly qualified to be the adviser at such a time. Hence, a volume without a rival." — Law Times. " Since Mr. Hanson produced his first edition he has been appointed Comptroller of Legacy and Succession Duties. His book is in itself a most useful one; its author knows every in and out of the subject, and has presented the whole in a form easily and readily handled, and with good arrange- ment and clear exposition." — Solicitors' yourTial. In 8vo., 1873, price loj. 6(/., cloth, THE BOVILL PATENT. A Collection of the Summings-up and Judgments in the Litigation under the Patent of 5th June, 1849, granted to the late G. H. Bovill for Improvements in the Manufacture of Flour. With an Introduction and some Observations by W. W. Wynne, Attorney-at-Law. Table of Contents I Introduction — Judgment of the Court of Exchequer in Bovill v. Pimm (30 Jan. 1856) — The, Specification under the Patent of 1849 — Note upon that Specification — The Experiments at Deptford — Bovill v. Keyworth (at Nisi Prius, July, 1856) — Bovill "u. Keyworth (Motion for New Trial, 28 May, 1857)— Bovill o. Goodier {Master of the Rolls, April, 1866)— Bovill v, Goodier (Trial before Willes, J., Dec. 1866)— Bovill w. Crate {Vice- Chancellor Wood, June, 1867) — Bovill v. Cowan (Master of the Rolls, July, 1867)— Bovill z*. Smith (Vice- Chancellor Wood, Nov. 1867) — Bovill v. Goodier (Trial before Byles, J., Feb. 186S)— Bovill V. Cowan (Lord Cairns, C, July, 1868) — Bovill 7^ Smith (Lord Cairns, C, Dec. 1868) — Bovill v. Goodier (Appeal for New Trial, before Lord HaLherley, C, Dec. i868)~BovUl v. Finch (C. P.). V In 8vo., 1872, price I2J., cloth, Ah Exposition of the Laws of Marriage AND Divorce. As administered in the Court for Divorce and Matrimonial Causes, with the Method of Procedure in each ^^irid 0f^i§^ j^yljij^ff^i^hy Copious Notes of Cases. By Ernst Browning, of the Inner Temple, Barrister-at-Law. STEVENS & HAYNES, BELL TABD, TEMPLE BAB. 13 THE LAW OF INJUNCTIONS. In two volumes, royal 8vo., 1872, price 70?., cloth, THE LAW AND PRACTICE OF INJUNCTIONS. EMBRACING ALL THE SUBJECTS IN WHICH ' COURTS OF EQUITY AND COMMON LAW HAVE JURISDICTION. By WILLIAM JOYCE, OF LINCOLN'S INN, BARRISTER-AT-LAW. REVIEWS. **A work wliich, aims at being so absolutely complete, as that of Mr. Joyce upon a subject which is of almost perpetual recurrence in the Courts, cannot fail to be a welcome offering to the profession ; and, doubtless, it will be well received and largely used, for it is as absolutely complete as it aims at being. . . . This work is, therefore) eminently a work for the practitioner, being full of practical utility in every page, and every sentence, of it We have to congratulate the pro- fession on this new acquisition to a digest of the law, and the author on his production of a work of permanent utility and — fame." — Law Magazift^ and RevieuD. " Mr. Joyce has produced not a treatise but a complete and compendious exposition of the Law and Practice of Injunctions both in equity and com- mon law. ** Part III. is devoted to the practice of the Courts. Contains an amount of valuable a7id technical matter nowhere else collected. *' From these remarks it will be sufficiently per- ceived what elaborate and painstaking industry, as well as legal knowledge and ability, has been necessary in the compilation of Mr. Joyce's work. No labour has been spared to save the practitioner labour, and no research has been omitted which could tend towards the elucidation and exemplifi- cation of the general principles of the Law and Practice of Injunctions." — Law Journal. " He does not attempt to go an inch beyond that for which he has express written authority ; he al-, lows the cases to speak, and does not speak for them. **The work is something more than a treatise on the Law of Injunctions. It gives us the general law on almost every subject to which the process of injunction is applicable. Not only English, but American decisions are cited, the aggregate number being 3,500, and the statutes cited i6o, whilst the index is, we think, the most elaborate we have ever seen — occupying nearly 200 pages. The work i" probably entirely exhaustive." — Law Times. "Mr. Joyce's work, within the limits which he has assigned himself, is well done. He has been e^^de^tly diligent in the collection of cases, and the points decided are stated with accuracy, and with more fulness of detail than in any work on injunctions with which we are familiar. It cannot fail to be useful in instructing practitioners in the proper employment of this much abused method of procedure." — American Law Review, " Mr. Joyce has produced a clear, scientific, and thorough treatise upon the subject of injunctions which, unlike most English works, will be nearly as useful to the American as to the English practitioner. ** We doubt if there can be a single case of any note found upon injunctions In the English law that is not cited in these volumes." — Chicago Legal News. " This work, considered either as to its matter or manner of execution, is no qrdinary work. It is a complete and exhaustive treatise both as to the law and the practice of granting injunctions. It must supersede all other works on the subject. The terse statement of the practice will be found of incalculable value. We know of no book as suitable to supply a knowledge of the law of injunctions to our common law friends as Mr. Joyce's exhaustive work. It is alike indispensable to members of the Common Law and Equity Bars. Mr. Joyce's great work would be a casket without a key unless accompanied by a good index. His index is very full and well arranged. We feel that this work is destined to take its place as it standard text-book, and the text-book on the particular subject of which it treats. The author deserves great credit for the very great labour bestowed upon it. The publishers, as usual, have acquitted themselves in a manner deserving o£t)QfSi^9^^tMiP(}^p^^."—Ca7tada Law Journal. 14 STEVENS & HAYNES, BELL YAED, TEMPLE BAR. In one volume, royal 8vo., 1869, price 30^., cloth lettered, CASES AND OPINIONS ON CONSTITUTIONAL LAW, AND VARIOUS POINTS OF ENGLISH JURISPRUDENCE. Collected and Digested from Official Documents and other Sources; WITH NOTES. By WILLIAM FORSYTH, M.A., Q.C., Standing Counsel to the Secretary of State in Council of India, Author of '* Hortensius," "History of Trial by Jury,'' "Life of Cicero," etc., late Fellow of Trinity College, Cambridge. From the CONTEMPOKART REVIEW. "We cannot but regard with interest a book which, within moderate compass, presents us with the opinions or resJ>onsa of such lawyers and states- men as SomerSj Holt, Hardwicke, Mansfield, and, to come down to our own day, Lyndhurst, Abinger, JJenman, Cranworth, Campbell, St. Leonards, Westbury, Chelmsford, Cockburn, Cairns, and the present Lord Chancellor Hatherley. At the end of each chapter of the 'Cases and Opinions,'^ Mr. Forsyth has added notes of his own, containing a most excellent summary of all the law bearing on that branch of his subject to which the 'Opinions' refer. . . . Our space precludes us from dwelling upon the contents of this work at any greater length, but we think we have said enough to show that it is worthy of a place on the book-shelves of OAjr statesmen, and all who take an interest in con- stitutional, or rather, national and colonial ques- iions." From the LAW MAO-AZINE and LAW BE VIEW. '*Mr. Forsyth has largely and beneficially added to our legal stores. His work may be regarded as in some sense a continuation of * Chalmers's Opinions of Eminent Lawyers.' . . . The constitutional relations ^between England and her colonies are becoming every day of more importance. The work of Mr. Forsyth will do more to make these relations perfectly clear than any which has yet appeared. Henceforth it will be the standard work of reference in a variety of questions which are constantly presenting themselves for solution both here and in our colonies. . . . Questions of colonial law by no means occupy an exclusive share of the volume. . , . Among other questions on which * opinions ' are given, and of which careful sum- maries and generalisations have been added by Mr. Forsyth, are those relating to vice-admiralty jurisdiction and piracy ; the prerogatives of the Crown in relation to treasure trove, land in the colonies, mines, cession of territory, &c. ; the power of courts-martial, extra-territorial jurisdiction, alle- giance, the lex loci and the lex fori, extradition, and appeals from the colonies. The volume bears marks of extreme care and regard to accuracy, and is in every respect a valuable contribution to consti- tutional law." Digitized by From the CANADA LAW JOURNAL, *'Mr. Forsyth at the present juncture has done good service not only to his profession, but to all men who take any interest in public affairs, and we therefore hope that those for whom the book is especially intended will not be backward in giving to it that support which the industry and ability of its author, and the public spirit and enterprise of its publishers, so well deserve." Prom the LAW TIMES. "This one volume of 560 pages or thereabouts is a perfect storehouse of law not readily to be found elsewhere, and the more useful because it is not abstract law, but the application of principles to particular cases. Mr. Forsyth's plan is that of classification. He collects in separate chapters a variety of opinions bearing upon separate brandies of the law. Thus, the first chapter is devoted to cases on the common law, and the law applicable to the colonies ; the second to the ecclesiastical law relating to the colonies ; the third to the powers and duties, civil and criminal liabilities, of governors of colonies; the next to vice-admiralty jurisdiction and piracy ; the fifth to certain prerogatives of the Crown : such as lands in the colonies, grants, escheats, mines, treasure trove, royal fish, felon's goods, writ ne exeat reg7io, proclamation, cession of territory, and creation of courts of justice ; the sixth chapter contains opinions on martial law and courts-martial ; the seventh on extra-territorial juris- diction; the eighth on the lex loci and lex fori; the ninth on allegiance and aliens ; and then suc- cessively on extradition ; on appeals from the colo- nies ; on the revocation of charters ; on the Channel Islands ; on the nationality of a ship, and othfer matters relating to ships ; on the power of the Crown to grant exclusive rights of trade ; on writs of habeas corpus ; on certain points relating to the criminal law; and lastly, on miscellaneous subjects^ such as the declaration of war before hostilities ; on the right of war, booty and prize, and on the grant of a marriage licence. . . . This is a book to be read, and therefore we recommend it not to all lawyers only, but to every law student. The^ editor's own notes are not the least valuable portion "^gjume." *" STEVENS & HAYHES, BELL YABD, TEMPLE BAB. 15 In one thick volume, 8vo., 1869, price 32^., clotli, THE LAW OF RAILWAY COMPANIES. Comprising the Companies Clauses, the Lands Clauses, the Railways Clauses Consoli- dation Acts, the Railway Companies Act, 1867, and the Regulation oi" Railways Act, 1868 ; with Notes of Cases on all the Sections, brought down to the end of the year 1868 ; together with an Appendix giving all the other material Acts relating to Railways, and the Standing Orders of the Houses of Lords and Commons ; and a copious Index. By Henry Godefroi, of Lincoln's Inn, and John Shortt, of the Middle Temple, Barristers -at- Law. comes a mass of matter relating to the voluntary arid compulsory acquisition of lands by Railway Companies, while the 'compensation* cases stretch over some fifty pages. So also under the third statute, there are a dozen pages on the powers and duties of Railway Companies in the construction of their works, while the hability of the Companies as carriers of passengers and goods is also elucidated in the most elaborate style. The * Rating of Rail- ways ' adds several pages of authorities. . . . We believe that we have said enough to show that 'this book will prove to be of pre-eminent value to prac- titioners, both before Parliamentary committees and in the Courts of Law and Equity." — Law yournal. " The title of this book is the best possible explanation of its contents. Here we have all the statutes affecting Railway Companies, with the standing orders of Parliament, in a volume exqui- sitely printed, and of most convenient size and form. We have also, what in effect to the prac- titioner is a complete manual of reference of all the decided cases on Railway Law, together with an index of so copious and accurate a nature, as to render the discovery of every section and every authority easy in the highest degree. . . . We find pages of authorities on * transfer of shares,* ' calls,* 'forfeiture of shares,' *j«'. ya.,* 'Lloyd's bonds,* ' contracts by companies,' and 'dividends.* Then Second Edition, 1870, in 8vo., price i6j., cloth, THE LAW OF COMPENSATION POB LANDS, HOUSES, &c. Under the Lands Clauses, Railways Clauses Consolidation and Metropolitan Acts, &c., with a full Collection of Forms and Precedents. Second Edition (much enlarged). By Eyre Lloyd, of the Inner Temple, B arris ter-at-Law. " Few branches of the law lying within so small a compass affect so many and such important in- terests as that which gives compensation for lands compulsorily taken for the purpose of public im- provement, or private enterprise for a public benefit, and for injuries done to other private properties by the construction of the necessary works. The cases decided upon the questions that arise for solution in the application of this law are very numerous, and many of them very difficult ; and a collection of them well arranged, with the principles they determine clearly stated appended to the statute, could not fail to be cordially welcomed by all concerned in properties they affected, whether lawyers or land valuers. It is not therefore sur- prising that Mr, Lloyd's admirable treatise, ex- haustive as it is, should have passed so rapidly into a second edition. But short as is the time since it made its first appearance, it has sufficed to produce quite a crop of new decisions, all of which have been carefully noted up. The volume contains also a valuable collection of practical precedents." — Law Times. In 8vo., price 2s. 6d.y MORIARTY ON PERSONATION AND DISPUTED IDENTITY AND THEIR TESTS. In a handy volume, crown 8vo., 1870, price 10s. 6d., cloth, THE LAW OF SALVAGE, As administered in the High Court of Admiralty and the County Courts ; with ■ the Principal Authorities, English and American, brought down to the present time ; and an Appendix, containing Statutes, Forms, Table of Fees, etc. By Edwyn Jones, of Gray's Inn, Barrister-at-Law. his simplicity of style." — Liverpool yournal of Cotmnerce. " An admirable treatise on an important branch of jurisprudence is compiled by Mr. Edwyn Jones, " This book will be of infinite service to lawyers practising in the maritime law courts and to those engaged in shipping. In short, Mr. Jones's book is a complete, guide, and is full of information upon all phases of the subject, tersely and clearly written. It will' be quite as useful to, as it is as much needed by, the American lawyer as the English, because the salvage laws of America and England are much alike, and Mr. Jpnes makes constant reference to American authorities. The book is all the more welcome because the sub- ject upon which it treats is but little understood except by a favoured few. Now, however, if in- terested people , remain ignorant it is their own fault. Mr. Jones has treated a very compli- cated and difficult subject in a simple ^^nd cise manner, and his success is comnrenr' ''"' of Gray's Inn, Barrister-at-Law, who, in a compact volume, gives us a very comprehensive statement of * The Law of Salvage,' as administered in the High Court of Admiralty and the County Courts ; with the principal authorities, English and American, brought down to the present time, and an Appen- ' dix containing statutes, forms, tables of fees, &c. Mr. Jones has consulted a wide range of cases, and systematised with much skill and clearness the leading principles deducible from numerous judg- ments and precedents, both here and in the United (^.States. His work is likely to become a text-book MfQk^itM few in question." — Daily News, 16 STEVENS & HAYNES, BELL YABS, TEMPLE BAB. In 8vo., 1872, price gs., cloth, THE RULE OF THE LAW OF' FIXTURES. Second Edition, embracing references to English, Scotch, Irish, and American Decisions. By Archibald Brown, M.A. Edin. and Oxon. and B.C.L. Oxon,, of the Middle Temple, Barrister-at-Law. " It is a good and very sensible and readable book to the practical and common sense English and American lawyer. It takes up a difficult subject, begins at the very beginning, tracing the decisions in the order of time, and showing how they gradually extended a principle here, then another there, until finally a system is built up, somewhat incoherent, but good enough for all practical purposes, and enabling the lawyer, to use our author's words, * to advise upon Modern Cases/ We have read it with much zest, and greatly admire it. . . . We can recommend it as being an exhaustive compila- tion." — T^ Sotttkern Law ReT/ieiv. " Great industry has been spent in reconciling the numerous decisions on a very difficult branch of law, and even in illustrating it by references to American cases. ... In one respect Mr. Brown seems admirably adapted to the task of writing on the law of fixtures. He is strongly convinced of the influence of history upon law. In his opening sentence he tells us that ' it has been said of history that it finds its entablature in law ; it may_ con- versely be said of law that it finds its explanation in history.* The sentence is a good opening upon a subject which owes so much of its law to arbitrary rules rather than general principles as fixtures: Mr. Brown proceeds to trace the effect of history on his subject in a passage which is very ^^opos: — Mr. Brown's seventh and last chapter will be found to contain a most serviceable enume- ration of the recent cases, arranged according as the conflict was between landlord and tenant, mortgagor and mortgagee, and so on," — Lain Journal. In 8vo,, 1867, price u., sewed, LLOYD'S BONDS: THEIR NATURE AND USES. By Henry Jefferd Tarrant, of the Middle Temple, Barrister-at-Law. In 8vo., 1870, price ^s. dd., cloth, THE HISTORY OF THE LAW OF TENURES OF LAND IN ENGLAND AND IRELAND. By W. F. FiNLASON, of the Middle Temple, Barrister-at-Law. " Mr. W. F. Finlason has done good service in publishing a concise, well-written history of the law of tenures of land in England and Ireland, with particular reference to inheritable tenancy, lease- hold tenure, tenancy at will, and tenant right. Confining himself to the facts of legal history, he has collected and presented, in an admirably com- pact form, all the really useful information it con- tains. " — Observer. In 8vo., 1867, price i6j., cloth, THE OHAEITABLE TEUSTS ACTS, 1853, 1855, 1860; THE OHAEITT OOMMISSIONEKS JUEISDIOTION ACT, 1862; THE EOMAN OATHOLIO OHAEITIES ACTS ; Together with a Collection of Statutes relating to or affecting Charities, including the Mortmain Acts, Notes of Cases from 1853 to the present time, Forms of Decla- rations of Trust, Conditions of Sale, and Conveyance of Charity Land, and a. very copious Index. Second Edition. By Hugh Cooke and R. G. Harwood, of the Charity Comniission. '* Charities are so numerous, so many persons are directly or indirectly interested in them, they are so much abused, and there is such a growing desire to rectify those abuses and to call in the aid of the commissioners for a more beneficial application of their funds, that wc are not surprised" second edition of a collection of all the statutes that regulate them, admirably annotated by two such competent editors as Messrs. Cooke and Harwood, whose official experience peculiarly qualifies them for the task." — Law Ti?nes. Vlicrosoft® STEVENS & HAYNES, BELL YAED, TEMPLE BAE. 17 In 8vo., 1871, price 21s., cloth, A TREATISE ON THE STATUTES OF ELIZABETH AGAINST FRAUDULENT GONyEYANGES. The Bills of Sale Registration Acts, and the Law of Voluntary Dispositions of Property generally. By H. W. may, B.A. (Ch. Ch. Oxford), and of Lincoln's Inn, Barrister-at-Law. " This treatise has not been published before it was wanted. The statutes of Elizabeth against fraudulent conveyances have now been in force for more than three hundred years. The decisions under them are legion in number, and not at all times consistent with each other. An attempt to reduce the mass of decisions into something like shape, and' the exposition of legal principles in- volved in the decisions, under any circumstances, must have been a work of great labour, and we are pleased to observe that in the book before us there has been a combination of unusual labour with considerable professional skill. . . . We can- not conclude our notice of this work without saying that it reflects great credit on the publishers as well as the author. The facilities afforded by Messrs. Stevens and Haynes for the publication of treatises by rising men in our profession are deserving of all praise. We feel assured that they do not lightly lend their aid to works presented for publication, and that in consequence publication by such a firm is to some extent a guarantee of the value of the work published." — Canada Lauj yournal. " Examining Mr. May's book, we find it con- structed with an intelligence and precision which render it entirely worthy of being accepted as a guide in this confessedly difficult subject. The subject is an involved one, but with clean and clear handling it is here presented as clearly as it could be. . . . On the whole, he has produced a very useful book of an exceptionally scientific character." — Solicitors^ Journal. '*The subject and the work are both very good. The former is well chosen, new, and interesting ; the latter has the quality which always distin- guishes original research from borrowed labours." — American Law Review. "We are happy to welcome his {Mr. May's) work as an addition to the, we regret to say, brief cata- logue of law books conscientiously executed. We can corroborate his own description of his labours, 'that no pains have been spared to make the book as concise and practical as possible, without doing so at the expense of perspicuity, or by the omission of any important points.' " — Law Times. In preparation, Second Edition, in 8vo., THE LAW AND PRAGTIGE UNDER THE GOMPANIES ACTS. 1862, 1867, 1870; THE LIFE ASSURANGE GOMPANIES AGTS, 1870, 1871, 1872; AND OTHER ACTS RELATING TO JOINT STOCK COMPANIES, Together with Rules, Orders, and Forms, &c. &c. By H. Burton Buckley, M.A., of Lincoln's Inn, Barrister-at-Law, and Fellow of Christ's College, Cambridge. *^* In this Edition Table A, to the Companies Act, 1862, will be printed with copious Annotations, and the Cases decided both in the Courts and the European Arbitration incorporated to the time of going to press. "After a careful examination of the notes relating - The whole book seems to us to be well and care- to many of the difficult and much-vexed questions arising upon the construction of this Act, we have formed a very favourable opinion of Mr. Buckley's qualifications for the task he has undertaken. . . . fully executed. '* An excellent system of cross-references, placed at the foot of each section, adds greatly to the value of the book." — Solicitors' Journal. EtTRGPEATS' ARBITRATIOIT. In Parts, price Is. 6d. each, sewed, LORD WESTBURY'S DEGISIONS. Reported by FRANCIS S. Reilly, of Lincoln's Inn, Barrister-at-Law. ALBERT AEBITKATION. In Parts, price 7j. 6d. each, sewed, LORD GAIRNS'S DEGISIONS. Reported by Franc: n's Inn, Barrister-at-Law. '^ 3 18 STEVENS & HAYNES, BELL YABS, TEMPLE BAB, IN THE PRESS. THE LAVV^ RELATING TO SHIPMASTERS AND SEAMEN. THEIR APPOINTMENT, DUTIES, POWERS, RIGHTS, LIABILITIES AND REMEDIES. By JOSEPH KAY, M.A.-, Q.C., OF THIN. COLL. CAMBRIDGE, AND OF THE NORTHERN CIRCUIT ; SOLICITOR-GENERAL OF THE COUNTY PALATINE OF DURHAM ; ONE OF THE JUDGES OF THE COURT OF RECORD FOR THE HUNDRED OF SALFORD ; AND AUTHOR OF *' THE SOCIAL CONDITION AND EDUCATION OF THE PEOPLE IN ENGLAND AND EUROPE." ANALYSIS OF CONTENTS, Part I, The Public Authorities. Chap. I.— The Board of Trade: its General Functions with reference to Masters and Seamen. Chap. II.— Local Marine Boards. Chap. III. — Mercantile Marine Offices, Chap. IV. — Naval Courts. Part II. The Appointment, Certificates, &c>, of the Master. Chap. I. — Who may appoint or succeed him, and how long his authority continues. Chap. II.— His Qualifications. Chap. III. — His Examination and Certificates. Chap. IV. — In what cases Colonial Certificates are valid. Chap. V. — His Remuneration. Chap. VI. — Who may remove him, or cancel or suspend his Certificate. Chap. VIL— His Offences. Chap. VIII. — Legal Procedure for infliction of Penalties, etc. Part III. The "Voyage. Duties and Kesponsibilities of the Master. Chap. I.— The Master's general duties and authorities on the Voyage. Chap. II. — His duty to see that the Ship is seaworthy. Sect. 1. The Master's duty t£)^ff/U®4/th^ Ship is seaworthy. Sect. 2. What seaworthiness means Marine Insurance. Chap. II. {cont.) Sect. 3. Seaworthiness as regards Master, Crew, and Pilot. Sect. 4. Seaworthiness as regards huH, rigging, and stores. Chap^ III.— -His duties with respect to receiving, stow- ing, and taking care of the Cargo. SeeVKWT IV., Chap, ■^. Chap. IV, — His duty in the preparation of the Ship for sea. Chap. V. — His duties when the Ship has to proceed to a Foreign Port and load there. *■ Chap. VI. — His duty to obtain the necessary Clear- ances, &c. Chap. VII. — What Documents he must procure and keep. Chap. VIII.— His duty to carry proper Colours. Chap. IX. — His duties after all is ready to Sail. Chap, X. — When he is bound to set Sail ontheVoyagfe. Sect. I. Buty of Master to set Sail on the day fixed by Charter-party and Policy. Sect. 2. Consequences of not Sailing ac- cording to the terms of the Policy. Sect. 3. Consequences of not Sailing ac- cording to the terms of the Charter- party. Sect. 4. Demurrage for delay in Loading or Unloading. Chap. XI. — When he must sail with Convoy. Chap. XII. — His duty not to deviate. Sect. 1. What it is to deviate, and the consequences of doing so. M/crosofif'HBect. 2. Change of Voyage, and its effect on the Policy. STEVENS & HAYNES, BELL YABD, TEMPLE BAB. 19 THE LAW RELATING TO SHIPMASTERS AND SEAMEN. ANALYSIS OF CONTKl^T B— continued. Chap. XII. {coni.) Sect. 3. When Master may stop at the usual intermediate Ports without a deviation. Sect. 4. In what order the Master must visit the Ports of Discharge so as to avoid a deviation, when the Ports of Discharge are, or when they are not specifically named in the Policy. Sect. 5. It is not necessary to Sail to all the Ports named in the Policy. Sect. 6. When the Master may revisit a Port, or sail backwards and forwards from one to the other without deviation. Sect, 7. What Ports he may visit and trade at ; and how he may do so under the Licence Clauses without deviation. Sect. 8. For what purposes he may visit Ports which are within the Licence Clauses without deviation. Sect. 9. When trading at a Port is a devi- ation. Sect, 10. When cruising, chasing, or attacking is a deviation. Chap. XIII. — His duty not to delay. Sect. I. The consequence of delay as respects the Charterer and the Owner of the Cargo. Sect. 2. When delay in commencing or pro- secuting the Voyage is equivalent to deviation, and discharges the Under- writer. Chap. XIV. — ^What circumstances justify or excuse a delay or a deviation. Sect. I. Usage. Sect. 2. Perils insured against. Sect. 3. Moral or physical force. Sect. 4. Making a Port to refit. Sect. S- Making a Port in order to recruit, or to procure fresh hands or provisions. Sect. 6. Stress of Weather. Sect. 7. Endeavour to avoid Capture or imniinent peril. Sect. 8. Endeavour to join Convoy. Sect. 9. Succouring Ships in Distress. Chap. XV.— His duty not to commit Barratry. Sect. I. What Barratry is, and by whom it may be committed. Sect. 2. Statutable provisions for the dis- couragement of Barratry. Chap. XVI. — His duties in case of a Collision. [See Part XXI., Chap. 8.) Chap. XVII.— His duties, to the abandonment. '^^^fi^a^b^^l^di Chap. XVIII.— His duties in a Port of Discharge. Sect. X. His duties to his Employers. Sect. 2. His duties to the Mercantile Marine Office Superintendents. Chap. XIX. — His duties to the authorities of the Harbour. Chap. XX.— The Master's Protests. Part IV. The Master's Duties and Powers with respect to the Cargo. Chap. I,— Generally : Sect. I. As Agent of the Shipowners. Sect. 2. As Agent of the Owners of the Cargo. Chap. II. — His Duties with respect to Receiving, Stowing, and Taking Care of the Cargo. Chap. III.— When he may Hypothecate the Cargo. {See Part VIII., Chap. 5.) Chap. IV.— When he may Sell it. Chap. V.— When he should Tranship it. Sect. J.. As Agent of the Shipowner. Sect. 2. As Agent of tjie. Owners of the Cargo. Chap. VI.— Freight. Sect. I. What it is, and when it is payable. Sect. .*. When Freight, so called, is payable in advance. Sect. 3. How much Freight is payable. Sect. 4. Pro ratd Freight, what it is, and when it Is payable. Sect. 5. The Rules of the Admiralty Court with respect to Freight. Chap. VII.— His lien on the Cargo. Sect. I. What it is, and when it exists. Sect. 2. For what amount of Freight the lien may be enforced. Sect. 3. What lien the Owner and Master have when the Ship is Chartered. Sect. 4. How the lien may be lost or ex- tinguished. Chap. VIII. — His duties with reference to Delivery. Part V. Bills of Lading, Chap. I. — What a Bill of Lading is, and its form. Chap. II.— When Master may sign Bills of Lading. Chap. III.— The effect of the Bill of Lading as evidence, ^p L^— AVhen and how the Bill of Lading may be Transferred. 20 STEVENS & HATlfES, BELL TABD, TEUFLE BAB. THE. LAW RELATING TO SHIPMASTERS AND SEAMEN. ANALYSIS OF CONTENTS— f(7«A««tf^. Chap. V.— The effect of the Transfer of the Bill of Lading upon the PROPERTY in the goods named in the Bill, Sect. I. The effect of the Transfer of the Bill of Lading upon the property in the goods. Sect. 2. Instances in which it has been held that the property in the goods passed to the Consignee or Indorsee by the Transfer of the Bill of Lading. Sect. 3. Instances in which it has been held that the property in the goods did not pass to the Consignee or Indorsee by the Transfer of the Bill of Lading. Chap. VI.— The effect of the Transfer of the Bill of Lading upon the Contract contained in the Bill of Lading. Chap. VII.— The effect of the Bill of Lading upon the liabilities of Owners, Master, and Charterers, Chap. VIII. — ^The Master's duties as to delivery of the goods. CSee Part IV., Cargo, Chap. S.) Chap. IX.— The meaning of the exceptions in the Bill of Lading. Part VI. Stoppage in Transitu. Chap. I. — What it is. Chap. II.— Who may exercise the right. Chap. III. — Under what circumstances the Consignor is entitled to exercise the right. Sect. I. The Consignor must be wholly or partially unpaid. Sect. 2. The Consignee must have become insolvent, or have so failed in circum- stances as to be unable to perform his part of the contract. Sect. 3. The Master or Carrier must be the agent to forward and not to receive and keep the goods. Chap. IV. — In what manner the right may be exercised. Chap. V. — How long the transit and the right to stop continue. Sect. I. The general rule. Sect. 3. What is such a taking possession of the goods by the Consignee or his Agent to keep as to put an end to the right to stop, a. Both Consignor and Consignee must have assented to the posses- sion of the Consignee. b. What acts amount to such a deh- vdiry to or taking possession by the Consignee. 1. Goods need not come to the cor- poral touch of the Consignee. 2. When touchii taking samples suincient. Chap. V. (c«?»^.)— 3. At what place. 4. Into what ship. 5. To what agent. (.. When delivery of part is delivery of the whole, so as to put an end to the right to stop. Chap. VI. — How the right to stop may be defeated. Sect. I. Generally. Sect. 3. When the Transfer or Pledge of the Bill of Lading puts an end to the right to stop. Sect. 3. When the Transfer of the Bill of Lading does not put an end to the right to stop. Chap. VII. — Master's duties as to delivery. Chap. VIIL— The effect of the exercise of this right on the Contract of Sale. Part VII. "When the Master may make the Owners liable upon his personal Contracts. Chap. I. — When he may bind them in Contracts relating to the usual course of the Ship's employment. Chap. II. — When he may bind them for matters which are necessary for the prosecution of the voyage. Sect. I. Generally when he may do this. Sect. 2. For necessary rei^irs and supplies. Sect. 3. For money borrowed. Sect. 4. The Master has no such authority if the Owner or his Agent can interfere. Chap. III. — What Owners are made Hable by the Master's Contracts. Chap. IV.— When the Master may sell the Ship. Sect. I. Under what circumstances he may sell. Sect. 2. When he may sell under the direc- tions of a Foreign Court. Sect. 3. What he must do before selling. Sect. 4. Duty of purchaser before buying. Sect. 5. Cases in which the sale has been upheld or set aside. Part VIII. Hypothecation. Chap. I. — The Form, Contents, and Nature of the Contract. Sect I. What it is. Sect. 2. Who may give it. Sect. 3. To whom it may be given. Sect. 4. Form. Sect. 5. Contents. Sect. 6. Construction, gff./jjjaifl ^/crosofif® Sect. 7. What rate of interest may he reserved. STEVEITS & HATNES, BELL YAKS, TEMPLE BAB. 21 THE LAW RELATING TO SHIPMASTERS AND SEAMEN. ANALYSIS OF CONTENTS— contmued. Chap. II. — Under what circumstances the Master may Hypothecate the Ship. Sect. t. What necessity must exist to justify the Master in giving a Bond. Sect. a. When_ Owners consent dispenses with the existence of such necessity. Sect. 3. Forwhat purposes the Master may give a Bond. Sect. 4. In what Ports the Master may give a Bofad. Sect. 5. What the Master must do before he may give a Bond. Sect. 6. The Master cannot Pledge the Ship and bind the Owners personally by the Bond. Sect. 7. What the Lender ought to ascer- tain before he can safely advance on the security of a Bond. Chap. III. — ^The legal effect and operation of the Con- tract. Sect. I. Generally. Sect. 2. When the Bond becom,es payable. Sect. 3. What discharges the Bond. Sect. 4. What remedies the Bondholder has and against whom. Sect. 5. Over what claims a Bond has pre- cedence. Sect. 6. By the law of what country the Contract is governed. Chap. IV. — Under what circumstances the Master may Hypothecate the Freight. ,Chap. V. — Under what circumstances the Master may Hypothecate the Cargo. Sect. I. When he may Hypothecate the Cargo. Sect. 2. Cargo cannot be made liable on Bond given for necessities of the Ship till Ship and Freight are exhausted. Sect. 3. When he must communicate with Owners before giving a Bond. Sect. 4. Remedy of Owners of Cargo against the Owner of Ship. Part IX. The Crew. Chap. I.— Interpretation of Terms. CHAP. 11.— Seamen, how protected and regarded by the Courts. Chap. III.— The duties of the Crew. Chap. IV. — ^As to Apprentices. Chap. V. — The engagement of Seamen. Chap. VI.— Allotment of Wages. Chap. VII.— Discharge and Payment of Wages. Sect. I. When and how the Master may ' discharge a Seaman. Sect. 2. What public a.ut'Q/^^i charge a Seaman. Chap. VIII.—Remittance of Wages and Savings Bank for Seamen. Chap. IX.— Legal rights to Wages. Sect. 1. The provisions of the Statute. Sect. 2. When and how the Wages are payable. Sect. 3. When the whole of the Wages contracted for are due. ' Sect. 4. When part only of the Wages con- tracted for are due. Sect. 5. When no part of the Wages con- tracted for are due. Sect. 6. What will cause a forfeiture of Wages. Sect. 7. When Seamen may claim extra remuneration. Sect. 8. Insurance of Wages. Sect. 9. Effect of a change of Owners upon Wages. Chap. X. — Mode of recovering Wages and Seamen's lien. Sect. I. The Statutes. Sect. 2. Seamen may proceed against Owners, or Master, or Ship and Freight. Sect. 3- Who are entitled to sue as Seamen. Sect. 4. The Lien of the Seaman for his Wages. Sect, s- Within what time Suits for Wages must be brought in the Court of Admi- ralty. Chap. XI. — Relief to Seamen's Families out of Poor Rates. Chap. XII. — Wages and Effects of deceased Seamen. Chap. XIII. — Leaving Seamen abroad. Chap. XIV. — ^Volunteering into the Navy. Chap* XV. — Provisions, Health, and Accommodation. Chap. XVI. — Power of making Complaint, and protec- tion of Seamen from Imposition. Chap. XVII. — Discipline, and forfeiture of Wages. Sect. I. The Master^s authority to main- tain Order and Discipline. Sect. 2. When and how he may punish or # discharge. Sect. 3. What conduct on board incurs a forfeiture of Wages. Sect. 4. What acts amount to such a Desertion as to incur a forfeiture of Wages. Sect. 5- When a Master may waive a forfeiture. Sect. 6. The Statutes. •crosoft® Chap. XVIII.— Legal Procedure. 22 STEVENS & HAYNES, BELL YAED, TEMPIE BAB. THE LAW RELATING TO SHIPMASTERS AND SEAMEN. ANALYSIS OF CONTKNTS—contmued, Part X. Pilots. Chap. I. -Origin of Pilots. Chap. II.— Definition of Terms used by and application of Sections of Merchant Shipping Act relating to Pilots. Chap. III. — Pilotage authority. Sect. I. Powers of. Sect. 2. Returns by. Chap. IV. — Licensing of Masters and Mates. Chap. V. — Pilot Boats and Pilot Licenses. Chap. VI.— What Signals must be used and displayed when a Pilot is wanted. Chap. VII.— When it is the Master's duty, irrespective of the Statute, to employ a Pilot, and the conse- quences of his not doing so. Chap. V'III — Compulsory Pilotage. Sect. I. In what cases the Employment of Pilots is compulsory. Sect. 2. In what cases Ships are exempted from the Regulation respecting com- pulsory Pilotage. Sect. 3. What will excuse a Master not employing a Pilot. Chap. IX. — The Master's duties and authority while the Pilot is in charge of the Ship. Chap. X.— The authority of the Pilot while thS Ship is under his care. Chap. XI.— The Limitation of the Liability of Owners and Master whejre Pilotage is compulsory. Sect. I. The Liability of Owners and Master for the Default of the Pilot irrespective of the Statute. Sect. z. The Statutable Limitations. Sect. 3. To entitle Owners and Master to protection, the Default causing the injury must relate to some duty of the Tilot. Sect. 4. — To entitle Owners and Master to protection, they must prove that the injury was due- solely to the Pilot's Default. Sect. 5. Respective Liabilities of OwnerS;. Master, and Pilot, in cases of Ships in tow. Chap. XII.— Rights, Privileges, and Remuneration of Pilots.. Chap. XIII.— Offences of Pilots. ■ Chap. XIV.— The Trinity House. Sect. i.. G eneral powers of. Sect. 2. Sub-Commissioners and Pilots. Sect. 3. Compulsory Pilotage. , Sect. 4. Rates of Pilotage. Sect. 5. Pilot Fund. Sect. 6. Appointment of Sub-Commis- sioners by Trinity Houses of Hull and Newcastle. ! Chap. XV. — When Pilots may claim Salvage. i See Salvage, Part XIII-.. Chap., at ' Sect. II. Digitized Uy Chap. I. Part XI. Passengers, -The Master's authority over the Passengers. Chap. II. — The Master's Duties to the Passengers irrespective of the Statutes. Chap. III. — The Rights and Liabilities of Passengers under their contract irrespective of the Statutes. Chap. IV.— The Statutable Provisions for the Protec- tion of Passengers. Sect. I. Boats for sea-going Ships. Sect. 2. Build and Equipment of Steam Ships. Sect 3. Survey of Passenger Steamers. Sect. 4. Definition of Terms in and extent of " The Passengers Act, 1855," and the Machinery for executing the Act. Sect. 5. Matters relating to a Passenger Ship to be attended to before sailing, on Voyage from the United Kingdom. Sect. 6. Passengers' Rights before, during, and after such Voyage, Sect 7. Miscellaneous Provisions. Sect. 8- Voyages from the Colonies. Sect. 9. Voyages to the United Kindom. Sect 10. Schedules to "The Passengers' Act, 1855." Chap. V. — Penalties on Drunken or Disorderly Pas- sengers on a Passenger Steamer. Part XII. , Collisions. Chap. I. — ^Liability of Masters and Owners for Damage by Collision. Chap. II.— Rights of the Parties in a Court of Common Law when both Ships have been in Fa,'ult Chap. III. — If the Collision was the consequence of unavoidable Accident, neither party qan recover either in a Court of Law or the Court of Admiralty. Chap.. IV.-— What Remedy Owners of Injured Ship have in the Court of Admiralty. Sect. I. What Remedies the Owners of Injured Ship have in the Court. Sect 2. The Principles upon which the Court regulate the rz'f/i^toCompensation. Sect 3. The Principles upon which the Court proceeds in Assessing the amount of Compensation. Chap. V.— The Law relating to Sailing Ships, Steam Ships, and Lights, prior to 25 and 26 Vict. c. 63. Chap. VI.— The Statutable Provisions and Regulations now in Force for preventing Collisions at Sea with Diagrams. Sect I. The Statutable Provisions. Sect 2, The Regulations and Diagrams. Chap. VII. —The C&ses decided upon the Regulations, Chap. VIII.— Duties of Master in case of Collision. n/ii^.'^^^fkM^^^' ^- ^^^ duties to his own Ship. M/crasofif^ect 2. His duties to the Injured Ship. STEVESS & HAYNES, BELL YARD, TEMPLE BAB. 23 THE LAW RELATING TO SHIPMASTERS AND SEAMEN. ANALYSIS OF CONTENTS— confinued. Part XIII. Salvage. Chap. I.— What Salvage Services are, and when they should be rendered. Chap. II.— When Salvage Reward is Payable. Sect I. When a Ship or Boat is Stranded or otherwise in Distress on the Shore of any Sea or Tidal Waters situate within the United Kingdom. Sect. 2. For saving Life. Sect 3. In cases not falling within the two previous sections : — I. The property valued must have been in Danger or Distress. z. The Salvors must have rendered actual assistance which con- tributed towards saving the Property in danger. Sect. 4. What Signals a Ship in Distress must use when Signalling for assistance. Sect. 5. What kind of Services are treated as Salvage Services. Sect. 6. The effect of acceptance or refusal of assistance on the right to Salvage reward. Sect. 7. When a Seaman may agree to abandon his right to Salvage. Chap. III. — Who fnay claifn as Salvors. Sect. I. General Rule. Sect. 2. Crew of Salving Ship. Sect. 3. Passengers on Salving Ship. Sect. 4. Owners of Salving Ship. Sect. 5. Crew of Ship Salved. Sect. 6. Passengers on Ship Salved. Sect. 7. Associated Ships. Sect. 8 Officers and Crews of Her Majestjr's Ships. Sect. 9. Officers and Men of the Coastguard. Sect. 10. Ship Agents. Sect. II. Pilots. Sect. 12. Tugs. Sect. 13. Magistrates. Chap. IV. — What claim Salvors have when there are several sets. Sect. I. Whilst the Master remains on Board. Sect. 2. When the Ship is a derelict. I. What constitutes a derelict. is. The rights of several sets of Salvors. Sect. 3. When the first set of Salvors abandon the enterprise. Chap. V. —What Amount will be awarded to Salvors. Sect. 1. Where no Agreement was entered into between the Salvors and the Salved. Sect. 2. Where an Agreement was entered into between the Salvors and the Salved. Sect. 3. How the value of the Property Salved is estimated for the purpose of calculating the amount of Salvage. Chap. VI. — The Apportionment of the Salvage. Sect. I. In what proportions the Salvage is apportioned among the Persons entitled. I. Owners of Salving Ships. ■X. The Master, Seamen, and Ap. prentices. Digitized by wlicrosoft® Chap, VI. 3. Persons assisting. {cont) ^, Where there are several sets of Salvors. 5. Officers and Seamen of Royal Navy and Coastguard. Sect. 2. By whom Salvage may be appor- tioned among those entitled. Sect. 3. What Agreement for apportion- ment will be upheld. Sect. 4. In what proportions Ship, Freight, and Cargo contribute to the Salvage. Chap. VIL — What conduct forfeits the whole or part of the Salvage. Sect. I. The General Rule. Sect. 2. Misconduct. Sect. 3. Negligence or Unskilfulness. Sect. 4. Fraud. Sect. 5. Embezzlement Chap. Vlll.—What remedies the Salvors have for securing the payment of the Salvage. Sect. I. What the Salvors' remedies are, irrespective of Statute. 1. Their maritime lien. 2. Their right to retain possession . , .of the Property, saved. Sect. 2. What the Salvors' remedies are under the Statute. Sect. 3. How far payment to one Salvor discharges claim of others. Chap. IX.— Wrecks and Casualties. Part XIV. The Master's Eemediea. Chap.I. — The Master's remedies before " The Merchant Shipping Act, 1854." Chap. II. — The Statutable Provisions as to his remedies. Chap. III. — The Master's remedies since "The Mer- chant Shipping Act, 1854," and "The Admiralty Court Act, 1861." Sect. I. What remedies he now has. Sect. 2. The Master's maritime lien for Wages and Disbursements. Sect. 3. Over what claims the Master's lien has precedence. Sect. 4. What will cause a. forfeiture or reduction of his Wages. Chap. IV. — When the Master may sue in his own name. Chap. V. — When the Master may sue the Owners. Part XV. The Master's Xiiabilities. Chap. I. — Liability of Master on Contracts entered into for the Owners. Chap. II. — Liability of Masters for Wrongs done by them and their servants. Chap. III. — Liability of Master for Injuries caused by Pilot. Part XVI. Master's Ijlabilities under the Customs Acts. 24 STEVENS & HAYNES, BELL TASS, TEUFLE BAS. In 8vo., Second Edition, price 21s., cloth, A TREATISE ON THE LAW OF DAMAGES. COMPRISING THEIR MEASURE, THE MODE IN WHICH THEY ARE ASSESSED AND REVIEWED, By JOHN D. MAYNE, Of the Inner Temple, Barrister-at-Law. Second Edition, By LUMLEY smith, of the Inner Temple, Barrister-at-Law. " Few modern text-tooks have a higher authority than Mayne on Damages. An argument is seldom heard in the courts upon a questioi? of the measure of damages without the work being referred to ; and there are several points upon which there was, at the date of the first edition (1856), either an absence or a conflict of authority, and upon which the views advanced by the author have since been held to be law by the courts It is fortunate for the reputation of the work that so good an editor has been found for it as Mr. Lumley Smith. The additions to the text of the former edition are dis- tinguished by brackets. Mr. Lumley Smith's work has been well done, and the new cases are skilfully incorporated Probably there is no other one subject upon which the cases reported as well as unreported so frequently present the same diffi- culty of extracting from complicated statements of fact, special in their character and not likely to occur again, the legal principles involved in the decision, so as to be available for guidance in other cases. It is exactly this difficulty which makes the subject one upon which a good text-bpok such as the present is peculiarly valuable." — Solicitors' yournal. " We are glad that this useful work fell into the hands of so capable an editor as Mr. Lumley Smith. It is always a great advantage gained when an .editor has had practical experience of the subject with which he deals, and it is a positive gain to the law when busy lawyers can find time to do well the work which is so apt to fall into the hands of those who have little learning and less practice. The law relating to damages is a branch of our jurisprudence peculiarly practical in its nature and highly important to suitors and the profession ; it is, moreover, surrounded by difficulties which require a clear explanation before they become intelligible to the ordinary mind *'The concluding chapter (c. 19) is very im- portant, and we should like to make copious extracts from it. It deals with the 'powers of the court or judge in regard to damages.* We re- commend it to the attention of our readers, as indeed we do the entire work, which is excellently executed, with an entire freedom from verbosity, and a good index." — Law 7^imes. Dioitized bv " In the year 1856 Mr. John D. Mayne, a gentle- man of the bar, now enjoying a very extensive practice in the Indian Empire, published a treatise on the Law of Damages. Mr. Mayne conferred a great boon on the profession by his labours, and for sixteen years his book has been regarded with high respect in Westminster Hall. In the ordinary course of things such a lapse of time, from the natural accretion of precedents, would have created a demand for a new edition, but in the particular department of law investigated by Mr. Mayne there has been an extraordinary development of principles, exhibited in numerous cases, upon which the judges have expended a large amount of time, industry, and learning. Consequently, the publi- cation of a new edition is not premature. On the contrary, it was high time that the profession should be supplied with a treatise condensing and arranging the matter brought into existence by the contested cases of that period. It is perfectly intelligible that Mr. Mayne*s absence from England and the toil of his professional career have prevented him from undertaking this duty himself. But the per- formance of it has fallen on a deputy, whose success in the discharge thereof might fairly have been anticipated, and who in the result has, we think, not disappointed the reasonable expectations formed cdncerning him. *' Mr. Lumley Smith has evidently been actuated by a modest desire not to despoil the original author of well-earned fame. He has, as far as possible, retained the primary form of the book, and has dis- tinguished what Mr. Mayne wrote from what he himself has written, by enclosing all the later matter in brackets, adding a brief separate chapter on the assessment of damages in the Court of Chancery under Lord Caims's Act, 21 & 22 Vict. c. 37. He has also cited many Scotch and Irish cases, and the leading American decisions of receht date. " One word with regard to the book itself will not be out of place. It is well printed, in an excellent form, and of a convenient size — no small considera- tions in a text-hook, which, from the nature of its contents, is useful rather for reference than for study. Good looks in a book set off its intrinsic merits, just as an imposing appearance adds to the influence of a judge." — Law journal. STEVEKS & HAYNES, BELL YABD, TEMPLE BAB. 25 CAPE OP GOOD HOPE. Buchanan (J.), Reports of Cases decided in the Supreme Court of the Cape of Good Hope. Vols. I., II., & III. 1868-70. Royal 8vo. 63^. Vol. IV., parts i. to iii. 1873. 15^. '.), Reports of Cases decided in the Supreme Court of the Cape of Vol. I. and Vol. II., parts i. to iv. ^^5. Vol. III., parts i. to iv. 42J. In l2mo., price loj. 6d., SELECT THESES on the LAWS of HOLLAND and ZEELAND. Being a Commentary of Hugo Grotius' Introduction to Dutch Jurisprudence, and intended to, supply certain defects therein, and to determine some of the more celebrated Controversies on the Law of Holland. By DiONYSlus Godefridus van der Keesel, Advocate, and Professor of the Civil and Modern Laws in the University of Leyden. Translated from the original Latin by C. A. Lorenz, of Lincoln's Inn, Barrister-at-Law. Second Edition, with a Biographical Notice of the Author by Professor J. De Wal, of Leyden. THE NEW JXJDICATUBE ACTS. In preparation, in one volume, Svo., THE SUPEEME OOUET OF JUDICATURE ACT, 1873, The Supreme Court of Judicature Act Amendment Act, with the rules and orders thereon. Edited, with. Copious Notes and a full Index, by William Downes Griffith, of the Inner Temple, Barrister-at-Law, late Her Majesty's Attorney-General for the Colony of the Cape of Good Hope. In the Press, in one volume, Svo. HALL'S ESSAY ON the KiaHTS OF THE CROWN AND THE PRIVILEGES OF THE SUBJECT 3fn tbe %ea ^|)ores of tfje Eealm. First Published in 1830 ; now Reprinted with extensive Annotations, and references to the Decided Cases and later Authorities to the Present Time, with Forms in use by the Board of Trade in dealing with Crown Property. By Richard Loveland Loveland, of the Inner Temple, Barrister-at-Law. TOGETHER WITH AN APPENDIX, CONTAINING I. — Lord Chief Justice Hale's " De Jure Maris." IL — The Case of Dickens v. Shaw. III. — Mr. Serjeant Merewether's Speech in the Court of Chancery, Dec. 8, 1849, upon the Claim of the Commissioners of Woods and Forests to the Sea Shore, and the Soil and Bed of Tidal Harbours and Navigable Rivers ; the Nature and Extent of the Claim, and its effect upon such Property. (Reprinted by the kind permission ^/H./^/Jllgg^yTOSWofeq-. Q-C) 26 STEVEHS & HATHES, BELL YAED, TEMPLE BAS. MEKCANTILE LAW. In one volume, demy 8vo., 1866, price lor. 6d., cloth, PRINCIPLES OF THE LAW OF STOPPAGE IN TRANSITU, RETENTION, AND DELIVERY. By JOHN HOUSTON, of the Middle Temple, Barrister-at-Law. " We have no hesitation in saying, that we think Mr. Houston's book will be a very useful accession to the library of either the merchant or the lawyer." — Solicitors' youmal. " We havCj indeed, met with few works which so successfully surmount the difficulties in the way of this arduous undertaking as the one before us ; for the language is well chosen, it is exhaustive of the law, and is systematised with great method." — American Laiv Review, In 8vo., price loj. 6^., cloth lettered, A REPORT OF THE CASE OF THE QUEEN v. GURNEY AND OTHERS. In the Court of Queen's Bench before the Lord Chief Justice Cockeurn. With an Introduction), containing a History of the Case, and an Examination of the Cases at Law and Equity applicable to it ; or Illustrating ,the Doctrine of Com- mercial Fraud. By W. F. Finlason, Barristdr-at-Law. In medium 8vo., 1871, price ioj., cloth, SALAIViAN ON LIQUIDATION & COiVlPOSITION with CREDITORS. A Practical Treatise on Liquidation by Arrangement and Composition with Creditors, under the Bankruptcy Act, 1869, comprising the Practice of the Office for the Registration of Arrangement Proceedings, as to Receivers, Injunctions, Meetings, Forms, Bills of Costs, Sections of the Acts, the Rules of 1870, and the New Rules of 1871, with Index. By Joseph Seymour Salaman, Solicitor. l2mo., 1866, price loj. (id., cloth, A TREATISE ON THE GAME LAWS of ENGLAND & WALES: Including Introduction, Statutes, Explanatory Notes, Cases, and Index. By John Locke, M.P., Q.C., Recorder of Brighton. The Fifth Edition, in which aie introduced the GAME LAWS of SCOTLAND and, IRELAND. By Gilmore Evans, of the Inner Temple, Barrister-at-Law. In royal 8vO,., 1867, price loj-. 61/., cloth, THE PRACTICE of EQUITY by WAY of REVIVOR & SUPPLEMENT. With Forms of Orders and Appendix of Bills. By LoFTUS Leigh Pemberton, of the Chancery Registrar's Office. "Mr. Pemberton has, with great care, brought I will probably be applied to future cases." — Soli- together and classified all these conflicting cases, ciiors' JoumaX. and has, as far as may be, deduced principles which ) In 8vo,, 1873, pi'ice ^s,j cloth, THE LAW OF PRIORITY. A Concise View of the Law relating to Priority of Incumbrances and of other Rights in Property. By "W. G. Robinson, M.A., Barrister-at-Law, " Mr. Robinson's book may be recommended to J tioner with a useful supplement to larger and more the advanced student, and will furni§)j^^e^?jy M/e?®^^'^*©'^^^^^." — Solicitors' Jourtial. STEVENS Sc HATNES, BELL YABD, TEMPLE BAB. 27 -^ ^ E C T I O ^ JL, ^ T\r. In crown 8vo., 1874, P"ce 14J., cloth lettered, A MANUAL OF THE PRACTICE OF PARLIAMENTAEY ELECTIONS Throughout Great Britain and Ireland. COMPRISING THE DUTIES of RETURNING OFFICERS and their DEPUTIES, TOWN CLERKS, AGENTS, POLL-CLERKS, &c., AND THE AN APPENDIX OP STATUTES AND AN INDEX. By henry JEFFREYS BUSHBY, Esq., One of the Metropolitan Police Magistrates, sometime Recorder of Colchester. FOURTH EDITION, Adapted to and etnbodying the recent chaiiges in the Law^ including tl^e Ballot Act, the Instructions to Returniitg Officers in England and Scotland isstced by the Home Office, and the whole of the Statute Lazv relating to the subject. Edited by HENRY HARDCASTLE, OF THE INNER TEMPLE, BAERISTER-AT-LAW. "We have just received at a very opportune moment the new edition of this useful work. We need only say that those who have to do with elections will find * Bushby's Manual ' replete with information and trustworthy, and that Mr. Hard-' castle has incorporated all the recent changes of the law." — Law Jour?tal. "As far as we can judge, Mr. Hardcastle, who is known as one of the joint editors of O'Malley and Hardcastle's Election Reports, has done his work well. . . . For practical purposes, as a handy manual, we can recommend the work to returning officers, agents, and candidates ; and returning officers cannot do better than distribute this manual freely amongst their subordinates, if they wish them lo understand their •woik.."—Soli~ ciiors' yourttal. A Companion Volume to the above, in crown 8vo., price %s. cloth, lettered, THE LAW AND PEAOTIQE OF ELECTION PETITIONS, With an Appendix containing the Parhamentary Elections Act, 1868, the General Rules for the Trial of Election Petitions in England, Scotland, and Ireland, Forms of Petitions, &c. By Henry Hardcastle, of the Inner Temple, Barrister-at-Law. " Mr. Hardcastle gives us an original treatise with foot notes, and he has evidently taken very considerable pains to make his work a reliable guide. Beginning with the effect of the Election Petitions Act, 2868, he takes his readers step by step through the new procedure. His mode of treating the subject of 'particulars' will be found extremely useful, and he gives all the law and practice in a very small compass. In an Appendix is supplied the Act and the Rules. We can thoroughly recommend Mr. Hardcastle's book as a concise manual on the law and practice of election petitions." — Law livtes. Now ready. Volume I., price 30^'., and Volume II., Parts I., II., and III., price gj., REPORTS OF THE DECISIONS OF THE JUDGES FOR THE TRIAL OF ELECTION PETITIONS IN ENGLAND AND IRELAND. PURSUANT TO THE PARLIAMENTARY ELECTIONS ACT, 18BS. By EDWARD LOUGHLIN O'MALLEY AND HENRY HARDCASTLE, Digiti&ckiifnMisFBSdS^. 28 STEVENS & HAYNES, BELL YARD, TEMPLE BAB. S>ttb{us aria ftagncsi' ^nitti of jatprtnte of ti)e (Sods %epoxttxe. SOME RARE LAW BOOKS. [J^nm " The Albany Law Journal."] " Law books are not generally things of beauty. There is nothing particularly grati- fying to the esthetic department of the human organism in the conventional typography and sheep-skin. , Some of our publishers give considerable attention to the mechanical execution of their books, and deserve and receive a good degree of credit therefor. But, after all, their labours seldom please the eye. In most marked contrast to even the very best of our books, are a series of law books that have been recently issued by Messrs. Stevens & Haynes, of London. They are reprints of some of the scarcest of the Old English Reports, and in their mechanical execution would delight the heart of Aldus Manutius, Thuanus, or any other admirer of elegant editions. The black letter type of the originals is faithfully reproduced, the curious old-style spelling and interchange of letters have been closely followed, while the rich antique calf covers are, no doubt, superior to anything that served to encase the original Reports. These editions have been carefully prepared, and some of the volumes have been enriched with notes added in MS. to some copy of the original by its learned owner generations ago. "This enterprise of Messrs. Stevens & Haynes is a, matter of universal interest, and appeals to every lover of elegant books. The works which they have reproduced are those which were the scarcest, and for copies of which the most exorbitant prices were demanded. The following is a brief description of the matter of these volumes." BELLEWE'S CASES, T. RICHAKD U. In 8vo., price 3/. 3^., bound in calf antique, LES ANS DU ROY RICHARD LE SECOND. Collect' ensembr hors les abridgments de Statham, Fitzherbert, et Brooke. Per Richard Bellewe, de Lincolns Inne. 1585. Reprinted from the Original Edition. highly creditable to the spirit and enterprise^ of private publishers. The work is an important link in our legal history; there are no year books of the reign of Richard II., and Bellewe supplied the only substitute by carefully extracting and collecting all the cases he could find, and he did it in the most convenient form— that of alphabetical arrangement in the order of subjects, so that the work is a digest as well as a book of law reports. It is in fact a collection of cases of the reign of Richard II., arranged according to their subjects in alphabetical order. It is, therefore, one of the most intelligible and interesting legal memorials of the Middle Ages."' — Law Times. " No public library in the world, where English law finds a place, should be without a copy of this edition of Bellewe." — Canada. Law Jourjial. ** We have here a facsimile edition of Bellewe, and it is really the most beautiful and admirable reprint that has appeared at any time. It is a perfect gem of antique printing, and forms a most interesting monument of our early legal history. It belongs to the same class of works as the Year Book of Edward I. and other similar works which have been printed in our own time under the auspices of the Master of the Rolls ; but is far superior to any of them, and is in this respect CUNNINGHAM'S REPORTS. In 8vo., price 3/. 3^., calf antique, Cunningham's (T.) Reports in K. B., 7 to 10 Geo. II. ; to which is prefixed a Proposal for rendering the Laws of England clear and certain, humbly offered to the Consideration of both Houses of Parliament. Third Edition, with numerous Corrections. By Thomas Townsend Bucknill, Barrister-at-Law. "The instructive chapter which precedes the cases, entitled ' A proposal for rendering the Laws of England clear and certain,* gives the volume a degree of peculiar interest, independent of the value of many of the reported cases. That chapter begins with words which ought, for the information of every people, to be printed in letters of gold. They are as follows : ' Nothing conduces ^i^i^cJt^ fieace and prosperity of every nation than good aws and the due execution of them.' The history of the civil law is then rapidly traced. Next a history is given of English Reporters, beginning with the reporters of the Year Books from i Edw. III. to 12 Hen. VIII. — being near 200 years — and after- wards to the time of the author." — Canada Law STEVENS & HATNES, BELL YAED, TEMPLE BAR. 29 ^tefeenS ana ^asmi' ^etm of aarprtntjS at tl&e ffiarlg ^epatttxS. CHOYCB CA SES IN CHAWCERY. In 8vo., price 2/. 2s., calf antique, THE PEAOTIOE OP THE HIGH COUET OF CHANOEEY. With tlie Nature of the several Offices belonging to that Court. And the Reports of many Cases wherein Releif hath been there had, and where denyed. "This volume, in paper, type, and binding {like " Bellewe's Cases ") is a facsimile of the antique edition. All who buy the one should buy the other." — Canada Law Journal. In 8vo., price 3/. 3^., calf antique, SIR G. COOKE'S COMMON PLEAS REPORTS In the Eeigns of Queen Anne, and Kings George I. and IL The Third Edition, with Additional Cases and References contained in the Notes taken from L. C. J. Eyre's MSS. by Mr. Justice Nares, edited by Thomas TowNSEND BUCKNILL, of the Inner Temple, Barrister- at- Law. "Law books never can die or remain long-dead so long as Stevens and Haynes are willing to con- tinue them or revive them when dead. It is cer- tainly surprising to see with what facial accuracy an old volume of Reports maybe produced by these modern publishers, whose good taste is only equalled by their enterprise." — Canada. Law Journal. BROOKE'S NEW CASES WITH MARCH'S TRANSLATION. In 8vo., 1873, price 4/. 45'., calf antique, Brooke's (Sir Robert) New Cases in the time of Henry VIIL, Edward VL, and Queen Mary, collected out of Brooke's Abridgment, and arranged under years, with a table, together with March's (John) Translation (?/"Brooke's New Cases in the time-of Henry VIIL, Edward VI. , and Queen Mary, collected out of Brooke's Abridgment, and reduced alphabetically under their proper heads and titles, with a table of the principal matters. In one handsome volume. 8vo. 1873. **Both the original and the translation having long been very scarce, and the mispaging and other errors in March's translation making a new and corrected edition peculiarly desirable, Messrs. Stevens and Haynes have reprinted the two books in one volume, uniform with the preceding volumes of the series of Early Reports." — Canada Lam JouTfial. KELYNGE'S (W.) REPORTS. In 8vo., 1873, price 4/. 4?., calf antique, Kelynge's (William) Reports of Cases in Chancery, the King's Bench, &c., from the 3rd to the 9th year of His late Majesty King George II., during which time Lord King was Chancellor, and the Lords Raymond and Hardwicke were Chief Justices of England. To which are added, seventy New Cases not in the First Edition. Third Edition. In one handsome volume. 8vo. 1873. KELYNG'S (SIR JOHN) CROWN CASES. In 8vo., 1873, price 4/. 4^-., calf antique, Kelyng's (Sir J.) Reports of Divers Cases in Pleas of the Crown in the Reign of King Charles II. , with Directions to Justices of the Peace, and others ; to which are added, Three Modern Cases, viz., Armstrong and Lisle, the King and Plummer, the Queen and Mawgridge. Third Edition, containing several additiofial Cases never before printed^ together with a Treatise upon the Law and Proceed- ings IN Cases of High Treason, first published in 1793. The whole carefully revised and edited by Richard Loveland Loveland, of the Inner Temple, Barrister-at-Law. ' "We look irpon this volume as one of the most important and valuable of the unique reprints of Messrs. Stevens and Haynes. Little do weknow of the mines of" legal wealth that lie buried in the old law books. But a careful examination, either of the reports or of the treatise embodied in the volume now before us, will give the reader some idea of the DiyilUed by Miofuaufl® good service rendered by Messrs. Stevens & Haynes to the profession. . , Should occasion arise, the Crown prosecutor as well as counsel for the prisoner will find in this volume a complete vade meciiTn of the law of high treason and proceedings in relation thereto." — Canada Law Journal. Other Volumes are in Progress, 30 STEVENS & HAYNES, BELL YAED, TEMPLE BAR. In 8vo., 1867, price 21s,, cloth, A Treatise on the Companies Act, m2. With Special Reference to Winding-up, for the purposes of Reconstruction or Amal- gamation ; with Orders, Forms, and Precedents. Together with a Supplement, containing the Companies Act, 1867, with Notes, and a Digest of Additional Cases. By G. Lathom Browne, of the Middle Temple, Barrister-at-Law. The Supplement may be had separately, price 2s. 6d., cloth. " Perspicuous statement and felicity of arrange- "This work is exceedingly well done; and- is ment characterise the work throughout. . . . From just such a one as solicitors, directors, officers, his experience as a liquidator and a director, our shareholders, and creditors of joint-stock companies author has been able to offer a work of a very ought to possess for the guidance and government practical nature, and at the same time of value to of their conduct in regard to their interests, duties, the profession." — Law Magazine. or obligations in the company with which they may be connected." — Money Market Review. BIBLIOTHECA LEGUM. In i2mo. (338 pp.), price 2J., cloth lettered, A CATALOGUE OF LAW BOOKS, Including all the Reports in the various Courts of England, Scotland, and Ireland ; with a Supplement to January, 1874. By Henry G. Stevens and Robert W, Haynes, Law Publishers and Booksellers ; Exporters of Law and Miscellaneous Literature ; Foreign and Colonial Literary Agents, &c. &c. In royal 8vo., 1872, price 28j-., cloth lettered, AW IKTDEX TO TEN THOUSAND PRECEDENTS IN CONVEYANCING, AND TO COMMON AND COMMERCIAL FORMS. Arranged in Alphabetical order with Subdivisions of an Analytical Nature ; together with an Appendix containing an Abstract of the Stamp Act, 1870, with a Schedule of Duties ; the Regulations relative to, and the Stamp Duties payable on. Probates of Wills, Letters of Administration, Legacies, and Successions. By Walter Arthur Copinger, of the Middle Temple, Barrister-at-Law, Author of "The Law of Copyright in Works of Literature and Art. " " We cannot close this review of Mr. Copinger's publication better than with the apt quotation with which he inaugurates it: 'Knowledge is of two kinds ; we know a subject ourselves, or we know where we can find information upon it.' " — Law Jourjial. " Mr. Copinger has not only designed an Index which cannot fail to be of practical use, but Has successfully elaborated the work designed by com- bining a perspicuous order of arrangement with a most exhaustive table of contents, and most copious references to precedents. The Index is arranged in alphabetical order, with subdivisions of an analy- tical nature, the latter being made throughout sub- servient to the former. In 8vo., 1871, price S^-t cloth, THE LAW OF NEGLIGENCE, Illustrated by the Recent Decisions of the Courts of the United Kingdom and America. By Robert Campbell, Advocate of the Scotch Bar, and of Lincoln's Inn, Barrister-at-Law. In this Essay, the Atithor reviews old principles in the light of recent decisions ; combining the point of view of the practitioner — noting the latest phase of judicial opinion j with the attempt to digest and harmonize the law, so that (if possible) new decisions may seem to illustrate old and familiar principles, or that the extent and direction of the change introduced by each decision may be correctly estimated. is about to devote his attention to other subjects, which, from the success of his first attempt, we shall expect to see him elucidate considerably. If, however, he should ever find tone to expand this tracl^ on the Law of Negligence into a complete treatise, we shall expect to find it one of the most We presume from this being styled/tj;ji/ferfrf)fty Aft^?&S6flfSEtext-books on English law."^penhei?n v. White Liott Hotel Co." STEVENS & HAYNES, BELI YARD, TEMPLE BAE. 31 AMERICAN LAW WORKS IMPORTED BY STEVENS AND HAYNES. *** Should the Profession have any difficulty in procuring any of the followins; Books through their usual Bookseller, amplication to Stevens & Haynes will meet with prompt attention, ABBOTT'S NEW YORK DIGEST. In 6 royal 8vo. volumes. Entirely rfecast, revised, corrected, and consolidated. A Digest of New York Statutes and Reports from the Earliest Period to the Year 1873. Comprising the Adjudications of all the Courts of the State, together with the Statutes of General Application. By Benjamin Vaughan Abbott and Austin Abbott. ABBOTT'S (B. V.) TREATISE UPON THE U.S. COURTS AND THEIR PRACTICE : Explaining the Enactments by whi'ch they are controlled ; their Organisation and Powers ; their peculiar Jurisdiction ; and the modes of Pleading and Procedure in them. Second Edition. Two vols., royal 8vo. 1871. 3/. Now ready, Volumes. I. to XL, THE AMERICAN REPORTS. Containing all Cases of General Value, DECIDED BY THE COURT OF LAST RESORT IN EVERY STATE IN THE UNION. The Reports of the Courts of Last Resort of the several States contain cases of great general importance, and which are always considered as high authority by the Courts of the other States, but they are 'buried beneath a mass of practice and local cases of no value outside of tlie States in which they are decided. . In "The American Reports "the plan is to give all cases having a general value, hereafter decided by the Court of Last Resort in every State, unencumbered by Practice Cases and those of local importance only. AMERICAN CONSTITUTIONS : Comprising the Constitution of each State in the Union, and of the United States, with the Declaration of Independence and Articles of Confederation-; each accompanied by a Historical Introduction a'nd Notes, together with a Classified Analysis of the Constitutions, according to their subjects, showing, by comparative arrangement, every Constitutional Provision now in force in the several States ; with References to Judicial Decisions, and an Analytical Index. Illustrated by carefully engraved fac-similes of the Great Seals of the United States, and of each State and Territory. By Franklin B. Hough. In two vols., price 7oj-., bound. 1872. THE AMERICAN LAW REVIEW. A Quarterly Journal of American Jurisprudence, &c. Price ds. each number. The principal features of this Review are treatises upon practical or theoretical points of law, reports of leading cases, regular digests of the current series of English Reports and of the principal American cases from the courts of all the States, brief critical notices of new law-books, and in each number a " Summary of Events," where notes of decisions, legal intelligence, and professional gossip are grouped under local headings. TELEGRAPH CASES. Allen's Reports of Telegraph Cgj^,.^ed(fe(y^^^Q£|firts of America, Great Britain and Ireland, 1851-72. Soyal Svo. 1873. 35^. law calf. 32 STEVENS & HAYNES, BELL TAED, TEMPLE BAB. AMERICAN LAW WORKS— ^on^inued. In 8vo., 1873,, price 15J., bound, MANUAL OF THE LAWS AND COURTS OF THE UNITED STATES, AND OF THE SEVERAL STATES AND TERRITORIES. By Horace Andrews, of the New York Bar. This book is a complete summary in convenient form of the Jurisdiction of all the Courts, and of the Laws of the United States and all the other States and Territories, for the use of Lawyers, Notaries, Commissioners, Collecting Agents and business men. I*'rom The Times. *' Among recent publications has been a * Manual of the Laws and Courts of the United States/ and of the several States and Territories, with a Dic- tionary of reliable practising lawyers, edited by Mr, Horace Andrews, A.M., of the New York Bar. The business relations of the two countries are extending with such rapidity as to render a work of the kind indispensable for use on this side, and the task seems to have been carefully per- formed by Mr. Andrews. It will not only serve to prevent contracts being entered into in ignorance of peculiar local statutes, but in many questions that may arise will save the delay and expense that would be caused by the necessity for correspon- dence ; while to intending settlers also it will be a guide with regard to exemption and homestead laws, rates of interest, rights of married women, taxation, and other points bearing on their future course." "The work, we are told in the Preface, is de- signed for lawyers and business men. The object appears to be to give a plain statement of the law, practice, and procedure of the courts, without the citation of authority, so as to be a guide to nonpro- fessional persons. It must prove a most useful epitome, for it contains a great amount of varied information." — Law Times. FIRE INSURANCE CASES. Being a Collection of all the Reported Cases on Fire Insurance in England, Ireland, Scotland, and America, from the earliest period to the present time. Chronologi- cally arranged. With Notes and References. By Edmund H. Bennett. Vol. I., covering the period from 1729 to 1839; Vol. II., covering the period from 1840 to 1849. Two vols., royal 8vo. 1872-3. Price 3/. 15J., law calf. It is proposed to issue a collection of all the cases on Fire Insurance from the earliest period to the present time, chronologically arranged, with notes and references, by Hon. Edmund H. Bennett, of the Boston Bar. The Series will embrace all the reported cases in England, Ireland, Scotland, and America, including Canada and the British Provinces. The opinions of the Court will always be given in full, but the arguments of Counsel and the reporter's statement will be sometimes con- densed. New head-notes will also be frequently introduced, and foot-notes and references to other Cases added. The Court by which the Case was determined, and the volume and page where origin- ally reported, will distinctly appear. A Table of Cases, both of those reported and of those only cited, with a full Index, will be found in each. Volume. The volumes to complete the Work, and bringing the Cases to the present time, will be published at an early period. Royal 8vo., 1873, price 42J., law calf, BIGELOW'S INDEX OF OVERRULED CASES. The attempt has been made in this Volume to collect all the reported cases from the earliest period to the present time which have been revised, overruled, denied, doubted, or modified, with such of the cases explained or distinguished as were deemed important; and, for the accomplishment of this purpose, all the Reports of the English, Irish, and American Courts have been examined, and for the most part page by page. The number of cases amounts to twenty thousand. "A book which every lawyer will find it useful to have at his elbow."— Solicitors' Journal. Royal 8vo., 1872, price 3IJ-. 6d,, A TREATISE ON THE LAW OF ESTOPPEL, AND ITS APPLICATION IN PRACTICE. B)Diaife^l^/V}jf.roB?giLow. STEVENS & HAYNES, BELL YABD, TEMPLE BAB. 33 AMERICAN LAW WORKS— continued. LIFE AND ACCIDENT INSURANCE REPORTS. Vol. I. — Containing Reports of all the published Life and Accident Insurance Cases determined in the American Courts prior to January, 1871. With Notes to English Cases. Vol. II. — Containing all the Cases adjudicated on in the American and English Courts since the publication of Vol, I. ; together with the prior leading English Life and Accident Insurance Cases. Vol. III., embraces the cases decided since January 1872, and also all the Scotch and Canadian cases of general interest, and such of the English and Irish cases as were not published in the second volume. The Scotch cases are as valuable as they are inaccessible to the Profession generally. By Melville M. Eigelow, of the Boston Bar. Three vols., royal 8vo. 1871-4. Price 5/. lOj., law calf. The subject of Life and Accident Insurance has within a few years sprung into such absorbing interest in the Courts, that it has been thought that a collection of the Cases upon this branch of the law would prove acceptable. These Cases decide interesting and important questions concerning Suicide, Insurable Interest, Restrictions upon Residence and Travel, Receipt of Premium after Forfeiture, Death in Known Violation of Law, ike. BINGHAM (A.). A TREATISE ON THE LAWS OF DESCENT. / 8vo. 1870. i/. IIJ-. 6d., bound. ' BISHOP ON THE LAW RELATING TO MARRIED WOMEN. Two vols., royal Svo. [Nearly ready. BISHOP'S COMMENTARIES ON THE CRIMINAL LAW. Two vols., royal Svo. Fifth Edition. 1872. 3/. lOs., cloth. Fifth Edition, 1873, two volumes, royal 8vo., 3/. loj., cloth, COMMENTARIES ON THE LAW OF MARRIAGE AND DIVORCE. With the Evidence, Practice, Pleading, and Forms ; also of Separations without Divorce, and of the Evidence of Marriage in all issues. By Joel Prentiss Bishop. This work has been thoroughly revised. The new matter added to this edition is in amount equal to nearly one-fourth of a volume. BISPHAM'S PRINCIPLES OF EQUITY. A Treatise on the System of Justice Administered in the Courts of Chancery. By George Tucker Bispham, of the Philadelpliia Bar. Svo. 31^-. bd. In one volume, royal Svo., 1873, price 35 J., cloth, BROWNE ON THE LAW OF TRADE MARKS AND ANALOGOUS SUBJECTS (Firm Names, Business Signs, Goodwill, Labels, &c.). BUMP ON FRAUDULENT CONVEYANCES. A Treatise upon Conveyancesmade by Debtors to defraud Creditors, containing refer- ences to all the Cases, both English and American. Svo. 1S72. 3IJ. bd., bound. THE CIVIL CODE OF LOWER CANADA. Together with a Synopsis of Changes in the Law, References to the Reports of the Commissioners, &c., and a complete Index. By THOMAS McCoRD, Advocate. i2mo. New Edition. 5%3_ _ ;7i>6Aa3iiii$D*® 34 STEVENS & HAYNES, BELL YARD, TEMPLE BAK. AMERICAN LAW WORKS— f^«^^«^^^- Royal 8vo., Fourth Edition, 1873, price 40J., cloth. CURTIS' TREATISE ON THE LAW OF PATENTS For Useful Inventions in the United States of America, and the Remedies for their Infringement. FISHER (SAMUEL S.). REPORTS OF CASES ARISING UPON LETTERS PATENT FOR INVENTIONS, Determined in the Circuit Courts of the United States. 1848-71. In 4 vols., royal 8vo. 1870-72. 21/. HADLEY'S INTRODUCTION TO ROMAN LAW, In Twelve Academical I^ectures. l2mo. 1874. "Js.ixl. LEADING CASES ON MERCANTILE LAW. Fifth Edition. Enlarged and Improved, BEING SELECT DECISIONS OF AMERICAN COURTS, WITH ESPECIAL REFERENCE TO MERCANTILE LAW, WITH NOTES. The whole Work has been thoroughly revised, and largely increased by the introduction of several entirely new heads of practical interest, by Hon. J. I. C. Hare and Jno, Wm. Wallace. In 2 vols., royal 8vo., of nearly 1000 pages each. Price 3/. 15J., law calf. Among the many Subjects treated of and fully illustrated in this Edition are — Conveyances, Voluntary and Fraudulent. Slander and Libel, including the question of Mer- cantile Agencies. Infancy. Application of Payments. Bills and Notes. Form, Time, and Mode of Communicating Notice of Dishonor. Negotiability of Instruments, including the subject of Coupon Bonds, &c. Power of one Partner to bind the Firm. Real Estate held by a Commercial Partner- ship. of Apportionment and Termination of Powers Agents. Principal and Factor. Domicile. Guaranty. Antecedent Debt. Discharge of Surety. Revocation of Wills. Licence. Judgment of other States. Abandonment. Constructive and Total Loss. Insurable Interest and Forfeiture of Policy, &c. &c. HiaH ON LEGAL REMEDIES. In royal 8vo. 1874. Price 35J., cloth lettered. A TREATISE on EXTRAORDINARY LEGAL REMEDIES. Embracing MANDAMUS, QUO WARRANTO and PROHIBITION. By James L. High, of the Chicago Bar. HILLIARD (F.) THE LAW OF NEW TRIALS, AND OTHER REHEARINGS; Including Writs of Error, Appeals, &c. Second Edition. Royal 8vo. 1872. 35J. HILLIARD ON THE LAW OF SALES OF PERSONAL PROPERTY. Third Edition. Royal 8vo. 1869. 3IX. 6EM/efi4§c8(©. 1867. 2l.\os. STEVENS & HAYNES, BELL YARD, TEMPLE BAB. 35 AMERICAN LAW ^N ORKS— continued. KENT'S COMMENTARIES ON AMEEIOAN LAW. COMMENTARIES ON AMERICAN LAW. By Hon. James Kent. Edited and Revised by O. W. Holmes, Junr. 4 vols, royal 8vo. 1873. £i- 1 2th Edition. In the present edition of this work an attempt has been made to bring it down through the quarter of a century which has elapsed smce the author's death. The great weight attaching to any opinion of Chancellor Kent has been deemed a sufficient reason for not attemptmg any alteration m his text or notes. To insure accuracy, this edition has been printed from the eleventh, and then carefully read with the sixth, which contained the author's last corrections. The original text has been scrupulously restored, except that, whenever a difference between the proofs and the sixth edition has occurred m a citation, it has been corrected in the proper abbreviated form. In this way a large proportion of the author's citations have been verified ; and it is believed that the present revision, together with the care which former editors have bestowed, has insured their accuracy. Royal 8vo., Vol. I., price 32^-., cloth, A SELECTION OF CASES ON THE LAW OF CONTRACTS. With References and Citations. By C. C. Langdell, Dane Professor of Law in Harvard University, "j''^^^ ^^^'Sn of this work is both novel and I of English, Scotch, Irish, American, and even of ^"""Vi ~^''''"''"'^ Journal. French Law, in order that he might present their Mr. Langdell has rummaged the vast libraries | jewels to his pupils." — Lato. Journal. Royal 8vo., Vol. I., price 35 j-., cloth, LEADING CASES ON SALES. A Selection of Cases on the Law of Sales of Personal Property. With References and Citations. By C. C. Langdell, Dane Professor of Law in Harvard University. " We have before noticed Professor Langdell's Selection of Cases on the Law ot Contracts. The present work is on the same plan. " For those students who desire to know what the fundamental principles of law are; and the method intwhich they have been worked out and applied, we know no work to which we would sooner recommend them. *' We have said that these books were mainly intended to be useful to students ; but if there are any practising lawyers who stiU have the time and taste to ' read law,' we can promise them that they will find no legal study more delightful than that of tracing the history of opinion through the pages of these books. ... To understand fully how goqd these books are, the reader must be a pretty good lawyer himself." — A merican Law Review. MAY'S LAW OF INSURANCE. In royal 8vo. 1873. 38j-., cloth. The Law of Insurance as apphed to Fire, Life, Accident, Guarantee, and other non- Maritime risks. By John Wilder May. MORSE ON ARBITRATION AND AWARD. The Law of Arbitration and Award. By John T. Morse, Jun. 8vo. 35^., cloth. NEBRASKA REPORTS. Reports of Cases in the Supreme Court of Nebraska. By James M. Woolworth, Counsellor-at-Law. Two vols., 8vo. 1871-73. 5'- NEVADA REPORTS. Reports of Cases Determined in the Supreme Court of the State of Nevada. Eight vols., Svo. 1865 to 1873. 24/. *^* These Reports contain numerous Decisions upon Mines and Mining Claims, Digitizecj^^cisspfm 36 STEVENS & HAYNES, BELL YAED, TEHPLE BAE. AMERICAN LAW \NORKS—^onimued. NEW YORK SUPREME COURT REPORTS. Reports of Cases Argued and Determined in the late Supreme Court of the State of New York, 1842, 1843, and 1844. By T. M. Lalor. Being a continuation of Hill and Denio's N. Y. Reports. One vol., 8vo. 1857. 30J. THOMPSON AND COOKE'S NEW YORK SUPREME COURT REPORTS. Vols. I. and II. now Ready. Price 35^. each, law calf. NEW YORK. Reports of Cases Argued and Determined in the Superior Court of the City of New York. By J. McSweeney. 1869-70. Two vols., 8vo. 3/. los. THE CIVIL CODE OF THE STATE OF NEW YORK. Reported complete by the Commissioner of the Code. 8vo. 1865. iSs. OREGON REPORTS. Reports of Cases Argued and Determined in the Supreme Court of the Territory of Oregon, and of the State of Oregon, 1853 to 1870; and Cases in the Circuit Courts of Oregon. 1867 to 1872. Three vols., 8vo. 9/. Sixth Edition, 1873, thoroughly revised, three volumes, royal Svo., 5/., cloth, PARSONS ON CONTRACTS. " In this edition the whole work has been recast and thoroughly revised ; new chapters on the law of Patents, Copyright, Trade-marks, and Telegrams, inserted ; additions made, to almost every section ; and more than thirteen hundred recent cases quoted from or cited. Every effort has been made to render the work worthy the acceptance it finds with the profession." — Author's Ereface to t/te Sixth Edition. PARSONS' (T.) LAW OP SHIPPING AND THE PRACTICE IN ADMIRALTY. Two vols., royal Svo. 1869. 3/. 3J-. cloth. PARSONS' (T.) LAW OF MARINE INSURANCE AND GENERAL AVERAGE. Two vols., royal 8vo. 1868. 3/. cloth. PASCHAL'S DIGEST OF THE LAWS OF TEXAS, Carefully Annotated. One vol., large Svo. 1S66. PHILLIPS ON INSURANCE. A Treatise on the Law of Insurance (Marine, Life and Fire). By WiLLARD Phillips. Fifth Edition. In two volumes, Svo. 1867. Price 3/. 3J., cloth. In royal 8vo., 1872, price 25 j., cloth, THE LAW OF APPELLATE PROCEEDINGS, In relation to Review, Error, Appeal, and other reliefs upon final judgments. STEVENS & HAYNES, BELL YARD, TEMPIE BAB. 37 AMERICAN LAW W ORKS. —eonimued. Fourth Edition, royal 8vo., 1873, 36J., cloth lettered, A PEACTICAL TREATISE ON THE LAW OF COVENANTS FOR TITLE. By William Henry Rawle. ■ Fourth Edition, revised and enlarged. In the preparation of this edition every line has been carefully considered, and every authority recon- sulted. Much of it has been written over,— in particular, the introduction, the chapter on " the usual covenants," on the covenant against encumbrances, on covenants running with the land, and as to their operation by way of estoppel or rebutter. The subject of the measure of damages has been considered separately, and a new chapter has been added,— " The jurisdiction of equity as to covenants for title." It is believed that the treatise now correctly represents the present state of the law in England and in America. In two volumes, royal 8vo., 1873, price 70J., cloth, THE LAW OF RAILWAYS. Embracing Corporations, Eminent Domains, Contracts, Common Carriers of Goods and Passengers, Telegraph Companies, Equity Jurisdiction, Taxation, Constitutional Law, Investments, etc., etc. By Isaac F. Redfield, LL.D., Chief Justice of Vermont. Fifth Edition, carefully revised and enlarged. SCHOULER (J.) ON THE LAW OF DOMESTIC RELATIONS; Embracing Husband and Wife, Parent and Child, Guardian and Ward, Infancy, and Master and Servant. Second Edition. One vol., royal 8vo. 1874. 38J. SCHOULER (J.). A TREATISE ON THE LAW OF PERSONAL PROPERTY. 8vo. 1873. 3S^- cloth. JUDGE STORY'S WORKS. In two volumes, royal 8vo., 1873, price 7S'^'; cloth, COMMENTARIES ON EQUITY JURISPRUDENCE. As administered in England and America. By Joseph Story, LL.D. Eleventh Edition, carefully revised, with Notes and Additions, by F. J. Balch. COMMENTARIES ON AGENCY. Eighth Edition. By N. St. John Green. 35^. cloth. COMMENTARIES ON BAILMENTS. Eighth Edition. By E. H. Bennett, Esq. 31J. 6d. cloth. COMMENTARIES ON PARTNERSHIP. Sixth Edition. By John C. Gray, Junr. 31s. 6d. cloth. COMMENTARIES ON CONFLICT OF LAWS. Seventh Edition. D/gf^^iiiii^ftlscfibdBSNNETT. 35^. cloth. 38 STEVENS & HAYNES, BELL YABD, TEMPLE BAB. AMERICAN LAW WORKS— conii'^ued. In two volumes, royal 8vo., 1873, price 63^'., cloth, COMMENTARIES ON THE CONSTITUTION OF THE UNITED STATES. With a Preliminary Review of the Constitutional History of the Colonies and States before the adoption of the Constitution. By Joseph Story, LL.D. In two volumes, royal 8vo. Fourth Edition, with Notes and Additions, by THOMAS M. COOLEY. STORY (W. W.) ON THE LAW OF CONTRACTS.- Fifth Edition. Revised and enlarged by E, H. Bennett. Two vols., 8vo. THE SOUTHERN LAW REVIEW Is a Quarterly Magazine, devoted to the interests of the Legal Profession, and contains, in each number, two hundred pages of reading matter. The Albany Law yournal says: "The 'Southern Law Review' is winning a deservedly good reputation by the excellence of its contents, and the ability with which it is conducted." A TREATISE ON THE VALIDITY OF VERBAL AGREEMENTS. As affected by the Legislative Enactments in England and the United States, commonly called the Statute of Frauds ; including also the effect of Partial and Complete Performance and the sufficiency of the Writing in Cases where Verbal Agreements are not valid ; together with other kindred matters ; to which are prefixed transcripts of the various Statutes on the subject now in force in both Countries. By Montgomery H. Throop. "Vol. I., royal 8vo. 1870. Price 35^., cloth. TOWNSHEND'S TREATISE ON THE WRONGS CALLED SLANDER AND LIBEL. And on the Remedies for those Wrongs. By John Townshend, of the New York Bar, Second Edition. 1872. 38J. cloth. UNITED STATES CIRCUIT COURT REPORTS. Reports of Cases at Law and Equity, and in the Admiralty, Determined in the Circuit Court of the U. S. for the District of Maryland. By R. B. Taney, Chief Justice of the Supreme Court of the U. S. April T. 1836 to April T. 186 1. One vol., 8vo. 35J. UNITED STATES DISTRICT COURT REPORTS. Reports of Cases Argued and Determined in the District Courts of the U. S. within the Second Circuit. By Robert D. Benedict. 1865 to 1871. Four vols. 8vo. 9/. *i* Numerous and valuable Decisions concerning Collisions at Sea are contained in these volumes. The Reports in all the U. S. District Courts contain Decisions in Admiralty. WASHINGTON TERRITORY REPORTS. Opinions of the Supreme Court of the Territory of Washington, 1854 to 1864, STEVENS & HAYNES, BELL YARD, TEMPLE BAB. 39 AMERICAN LAW \NORKS—^onimued. WHARTON'S CEIMINAL LAW. Seventh and Revised Edition. Three vols., royal 8vo. 1874. Vol. I. Principles, Pleading, and Evidence. Vol. II. Crimes. Vol. III. Practice. Price £Sy c^oth. A TREATISE ON THE CRIMINAL LAW OF THE UNITED STATES. By Francis Wharton, LL.D., Author of ''Conflict of Laws," *' Precedents of Indictments and Pleas," " Medical Jurisprudence," " Law of Homicides," &c. The third volume of this edition is substantially new, and comprehends an independent treatise on Criminal Practice. The chapters on Crimes, which in prior editions were spread over the second and third volumes, are' now consolidated in the second. The whole work has been thoroughly revised and re-written, and upwards of six hundred pages of additional matter incorporated in the text. To enable this extension to be more readily mastered, the topics have been re-arranged, devoting the first volume to Principles, Pleading, and Evidence ; the second to Crimes ; and the third to Practice. Recent investigations having shown that the chief maxims and definitions of the English Criminal Law have been largely derived from the Roman and Canon Law, has led to the introduction in this edition of a new feature-^the references to the early jurists laying down and illustrating these maxims and definitions, as well as to such points in the dissertations of the more modem jurists as may be consulted with advantage. In making frequent references to these authorities there has been no relaxation of the vigilant scrutiny and careful analysis due to the adjudications of the Anglo-American Courts. So far from this being the case, there is not a citation in the former texts which has not for this edition been verified, and, as far as known, there is not a single intermediate reported English or American criminal decision that has not been scrutinized and introduced. Nor is this all. The student will see by comparison that the text has been so subdivided that each point is now presented in its own separate analytical place. That the labour thus applied is made only the more fruitful by the introduction of cognate foreign jurisprudences, will be cSnceded by all who will examine the sections devoted to Presumptions, to Casual Connection, to Estoppel by Consent, to Omissions, to Conflict of Jurisdictions, to Conspiracy, and to Attempts, The treatise now covers the whole field of Criminal Jurisprudence, and is commended with confidence to those engaged in the application of our criminal law, whether as practitioners or judges. Third Edition, 1873, two volumes in three, price 5/. 15J. 6d.j law calf, WHARTON AND STILLE'S MEDICAL JURISPRUDENCE. The first volume containing a Treatise on Mental Unsoundness, embracing a general view of Psychological Law, by Francis Wharton, LL.D. The second in two parts, embracing the topics of Foetus and New Born Child, and Difference of Sex, by Samuel Ashhurst, M.D., of Philadelphia; Poisons, by Robert Amory, M.D., of Brookline, Mass.; Wounds and Signs of Death, by Wharton Sinkler, M.D., of Philadelphia ; Psychological and Legal Notes, by Francis Wharton, LL.D. 'I So far as we can judge, the work constitutes a most complete and valuable encyclopEedia of medical jurisprudence." — Solicitors* journal. In royal 8vo., 1872, price 36j-., cloth, CONFLICT OF LAWS ; OR, PRIVATE INTERNATIONAL LAW. Including a Comparative View of Anglo-American, Roman, German, and French Jurisprudence. By Francis Wharton, LL.D. WHITING (W.). WAR POWERS UNDER THE CONSTITUTION OF THE UNITED STATES. With an Appendix of Cases. Svo. 1871. 21s. cloth. WOTHERSPOON'S MANUAL OF THE PRACTICE AND PROCEDURE IN THE SEVERAL COURTS HAVING CIVIL JURIS- DICTION IN THE PROVINCE OF QUEBEC. i2mo. 1870. \2.s. (,d. *** Anv Foreign Works not in stock can be supplied (if in print) in a few w^M^ffdteMat^^rorder. 40 STEVENS & HAYNES, BELL YARD, TEMPLE BAB. THE LAW OF CORPORATIONS. Just Published, in 8vo., price 2is., cloth, A TREATISE ON THE DOCTRINE ULTRA VIRES: BEING AN INVESTIGATION OF THE PRINCIPLES WHICH LIMIT THE CAPACITIES, POWERS, AND LIABILITIES OF' CORPORATIONS, AND MORE ESPECIALLY OF JOINT STOCK COMPANIES. BY SEWARD BRICE, M.A., LL.D., London, Of the Inner Temple, Barrister-at-Law. '* The book is a useful compilation. The third chapter deals with business which a trading cor- poration may transact, and, although, as we have said, our author goes backwards from ultra vires to i7ttra vires instead of tracing upwards the powers of corporations, he is clear in his treatment of the cases, and his chapter on ' dealing in shares ' is very- well written. And, again, the first chapter of Part III., on *the user of special powers and privileges ' is decidedly good, and must prove ex- tremely useful. Indeed, Mr. Brice shows that he can write so well that we very much regret that he should have taken his subject the wrong way up. Had he confined his scheme to the rights and liabilities of corporations and companies and dis- regarded his so-called doctrines of ultra vires, we should have accorded to his labours unqualified approval." — Law Times. " Mr. Erice, as might have been anticipated, has found the doctrine of ultra vires a very slender thread on which to hang his book ; and he has wisely abandoned it in the arrangement of his chapters, which follow one another on the basis of the law of corporations, special prominence being given to the effect of the doctrine of ultra vires on those legal entities. When the reader has once got DiyitUed by over the prejudice produced by Mr. Brice's strange enmity with his subject, he will find him a guide of very great value. Much information on a difficult and unattractive subject has been collected and arranged in a manner which will be of great assist- ance to the seeker after the law on a point involving the powers of a company." — Law Jour^ial. "The work is divided into four parts, with various chapters, covering everything in relation to corporations from their creation to their dissolution. The tables of cases and of the statutes adduced occupy twenty-five pages, in alphabetical order, and the index takes over forty more. It is an exceedingly valuable work at this time when the rights and powers ef corporations are matters of so much interest in the United States, as well as in Great Britain, and its manifold cases furnish as interesting reading to the business man generally as to the lawyer or justice. Ultra Vires, — literally in law, beyond strengih, — the practice of corpora- tions going beyond their powers, their legal rights and limitations, their contracts and their agreements, their credit and their capital, is a subject which almost every man in the community has a direct or indirect interest in and is affected by." — Boston {U. S.) y our Jial o/ Commerce. Microsoft® LOKDON: FKIKTED BY WJLLTAM CLOWES AHD SONS, STAMFORD STREET AND CHARING CROSS. Digitized by Microsoft® STEVENS AND HATNES' PUBLICATIONS. , Second Edition, crown 6vo, price 20s. cloth. THE PROBATE, LEGACY, AND SUCCESSION DUTIES ACTS : Comprising 36 Geo. 3, c 52 ; 45 Geo. 3, o. 28 ; 55 Geo. 3, c. 184 ; and \6 & 17 Vict. c. 51 ; with an Introduction and copious Notes ; together with an Appendix of Statutes, Forms, Tables «f Duties, and a full Index. By Alfred Hanson, Esq., Comptroller of Legacy and Succession Duties. ** It^ tlie only complete' book upon a subje9t of great importance." — Law Times. " His book is a moat useful one to all practittoners, whether barristers or solicitors. " — SotUitara' Journal. In two volumes, royal 8vo, price 70s. cloth, THE LAW AND PRACTICE OF INJUNCTIONS. EmWacing all tlie, subjects in which Courts of Equity and Common Law have Jurisdiction. By William Joyce, of Lincoln's Inn, Barnster-at-Law. " Mr. Joyce has produced ijot a treatise, but a complete and compeiidious exposition af the law. and practice of injunctions- both in Equity and at Common Law." — Law Journal, In ivo, price 9s. cloth, THE RULE OF THE LAW OF FIXTURES. Seobnd Edition, embracing references to English, Scotch, Irish, and American decisions. ■ By Archibald Bkown, of the Middle Temple, Barrister-at-Law. «In 8vo,' price 7s. 6d. cloth, PITOME AND ANALYSIS OF SAVIGNY'S TREA- TISE'OK OBEIGApOBS IN J^OMAN LAW: By Aeohibai-d BjtQWS.'of the Middle Temple, Baniliter-at-La%. , ' RAWLE ON COVENANTS. Fowrth Edition, royalivo, \Z7Z, %^s. cloth lettered, A PRACTICAL TREATISE ON THE LAW OE GO- VENAErTS lOR TITLE, By 'William Henbt Eawle. Fourth- Editionj revised arid enjarged. ' In one volilim^ Svo, pric6 lis. cloth lettered, THE LAW OF COPYRIGHT, IH WOKKS OF LITERATURE AND ART : includitig that of the Drama, Muisic, En- gi-aving. Sculpture, Painting, and Photography, and Ornamental and Useful Designs j together with Interniitional and Foreign Copyright, with the Statutes relating tliereto, and References |^ the English and American Decisions. By Walter Akthitb CopiNGEB,' of thTOCiddle Temple, Barrister-at-Law. In one vol.', royal tuo. 1869. Price 30s. cloth, CASES AND OPINIONS ON CONSTITUTIONAL LAW, And various points of ENGLISH JURISPRUDENCE, coU^Hand digested from Official Documents ftnd other Sources, with NOTES, By ■flTilffl&i Foestth, M.A., Q.C.j Standing Counsel to the Secretary of St^e in Council of-India, late Fellow of Trinity Collegfe, Cambridge. _^ ^_1 ' In one thibk volume, Svo, price 825. cloth, THE LAW OF RAILWAY COMPANIES, . Comprising THE COMPANIES CLAUSES,' THE LANDS CLAUSES, -THE BAIL- WAYS CLAUSES CONSOLIDATION ACTS, THE JIAILWAY COMPANIES ACT, 186tv and the REGULATION OF RAILW^f.ACT, 1868, with Notes of Cases on all the Sections,- brought down to the end o^B'year 1868 ; together with . an Appendix giviag all the other inaterial Acts relating to Railways, and the Standing Orders of the Houses o^ Lords aiid Commons ; and a copiotis Index. By Henry Gode- FROI, of Lincoln's Inn, and John* SpoRTT, of th> Middle Temple, Barrlsters-at-Law. ^'-*-^ Digi t ized by MicroisSri® — Digitized by Microsoft® Digitized by Microsoft® Digitized by Microsoft® Digitized by Microsoft® Digitized by Microsoft®