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THE PARISH its Obligations and powers; its officers THE SUCCESSION DUTY ACT, (16 & 17 Vict. c. 51)

,

THE

Recently published, in 1 vol. 12mo., price 14s. cloth,

THRING'S SUCCESSION DUTY ACT. : and their Duties. With Illustrations

, this Institution in all Secular Affairs. By TOULMIN SMITH, of for altering certain Provisions of the Acts charging Duties on Legacies Lincoln's-inn, Esq., Barrister at Law.

and Shares of Personal Estates. With an Introduction and Notes. By “ Parishes were instituted for the ease and benefit of the people."

HENRY THRING, Esq., Barrister at Law. In 12mno., price 5s.6d.

cloth. Chief Justice Holt. “ Cum haud pauca quæ omnino fieri necesse sit, alii autem ob inna

Stevens & Norton, 26, Bell-yard, Lincoln's-inn. tam superbiam subterfugiant, ipse sustineam et exsequar."-Bacon, De

FINLASON'S CHARITABLE TRUSTS ACT.
Augmentis Scientiarum, lib. 7, cap. 1.
H. Sweet, 3, Chancery.lane, Fleet-street.

THE ACT. 26.& 17 Vict. c. 1137) for the BETTER RE.

GULATION of CHARITABLE TRUSTS. With copious Notes, BEST ON EVIDENCE, WITH A SUPPLEMENT TO 1855. and an Introductory Essay on the Jurisdiction exercised over them by Price 273. cloth boards,

the Court of Chancery; with all the decided Cases; and an Appendix, A TREATISE on the PRINCIPLÉS of EVIDENCE containing Precedents of Schemes, &c. By W. F. FINLASON, Esq,

Barrister at Law. In 12mo., price 6s. cloth, and PRACTICE as to PROOFS in COURTS of COMMON

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LAW; with Elementary Rules for conducting the Examination and
Cross-examination of Witnesses. By W. M. BEST, A.M., LL.B., of

FINLASON'S LEADING CASES ON PLEADING.
Gray's-inn, Esq., Barrister at Law. Second Edition, with a SUPPLE-

In royal 8vo., price 68. boards, MENT, shewing the Alterations effected by the Common-law Procedure

А

SELECTION of LEADING CASES on PLEADING, Act and other Statutes of 1854. The SUPPLEMENT can be had separately, price 28., sewed in

and PARTIES to ACTIONS; with Practical Notes, elucidating

the Principles of Pleading, (as exemplified in Cases of most frequent ocwrapper. H. Sweet, 3, Chancery-lane, Fleet-street.

currence in Practice), by a reference to the earliest Authorities; and
designed to assist both the Practitioner and Student. By W. FINLA-

SON, Esq., of the Middle Temple, Special Pleader.
BRITISH AND NEUTRAL COMMERCE.

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THE RIGHTS of BRITISH and NEUTRAL COM.

FINLASON'S COMMON-LAW ACTS.
MERCE, as affected by recent Royal Declarations and Orders in

Recently published, in 12mo., price 14s. cloth,
Council. By JOHN HOSACK, of the Middle Temple, Barrister at Law.
H. Sweet, 3, Chancery-lane.

THE COMMON-LAW PROCEDURE ACTS of 1852

and 1854; with Notes, containing all the Cases either already

expressly decided on or tending to elucidate them. With an Appendix, CHITTY'S (JUN.) LAW OF CONTRACTS NOT UNDER SEAL.

containing the Common-law Procedure Act of Will. 4, the recent Acta In 1 vol. royal 8vo.. price 11. 11s. 6d. cloth,

on Evidence, the New Rules to Michaelmas Vacation, 1854, and an А PRACTICAL TREATISE on the LAW of CON.

Introduction. By W. F. FINLASON, Esq., Barrister at Law. TRACTS NOT UNDER SEAL, and upon the usual Defences to

“ This is, in our judgment, a most excellent and carefully written Actions thereon. By JOSEPH CHITTY, Jun., Esq. The Fifth Edi- book The equity powers given to the Common-law Courts are adtion. By JOHN A. RUSSELL, LL.B., of Gray's-inn, Barrister at

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bearing and operation of these acts are remarkably shrewd and sugH. Sweet, 3, Chancery-lane, Fleet-street.

gestive. Such men, and their editions of statutes, tend very greatly to

improve the laws they expound, and powerfully assist the objects of the OLIPHANT ON THE LAW OF HORSES, GAMING, &c. Legislature.”—Law Magazine, Feb. 1855. Recently published, in 1 vol. 12 mo., the Second Edition, price 12s. cloth * We have now before us the work of Mr. Finlason, whose previous boards, of

labours in expounding other statutes entitle him to the favourable THE LAW of HORSES; including the Bargain and Sale consideration of the Profession. The notes to the various new enactof Chattels; also the Law

of Racing, Wagers, and Gaming. By ments are very full and valuable."--Legal Observer, Jan. 6, 1855. GEORGE HENRY HEWIT OLIPHANT, Esq., of the Inner Temple, “This work is well done." -Law Times, Jan. 6, 1855. Barrister at Law, Author of "The Law of Pews and Prohibition,'

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COMMONS.--SECOND EDITIOX.
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THE ACTS for facilitating the INCLOSURE of COM. THE SECOND EDITION OF

MONS in England and Wales; with a Treatise on the LAW of RIGHTS of COMMONS in reference to these Acts; and FORMS AS

, settled by the Commissioners, &c. Second Edition, with Alterations and RAILWAY INVESTMENTS. With the Cases on Com- and Additions. And a Supplement, containing the Consolidation of pensation, Mandamus, Injunction, and Railway Rating; Remarks on Tithe and Inclosure Commission, 1851; and the Inclosure Amendo the Extent of the Jurisdiction over Railways conferred on the Court of ment Act, 12mo., 1852. By GEORGE'WINGROVE COOKE, Esq, Common Pleas; and on the Equitable Jurisdiction in Railway Transac- of the Middle Temple, Barrister at Law. tions recently transferred to all the Courts of Common Law; also the

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MITFORD ON PLEADING. HODGES, Esq., of the Inner Temple, Barrister at Law, Recorder of

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in the City of London, by HENRY SWEET, NOKMAN, M.A., of the Inner Temple, Special Pleader.

residing at No. 34, Porchester Terrace, Bayswater, in the County or H. Sweet, 3, Chancery-lane, Fleet-street.

Middlesex.- Saturday, August 18, 1855.

THE PRACTICE of the COUNTY COURTS; in Eight mainders, and Auto one of or Treatise on Executore unterents.

Judgment Debtors - 1. Arrest of Absconding Debtors.--8. Administra- A TREATISE on the WRIT of SCIRE PACIAS, wie

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LAURA

52, CHANCERY LANE, LONDON. Ad SUBSCRIBED CAPITAL, ONE MILLION.

DIRECTORS. CHURCH, JOHN THOMAS, Esq., Bedford-row.

MORRIS, JOHN M., Esq., Moorgate-street-cham bers, DONNE, S. EDWARD, Esq., Streatham-hill,

Moorgate-street. PONBLANQUE, J. S. M., Esq., St. John's-wood.

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TORR, JOHN SMALE, Esq., Bedford-row. LOUGHBOROUGH, THOMAS, Esq., Austin-friars.

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and 5l. per cent. annually afterwards; and, as an additional advantage In some Offices the Assured may not be entitled to a Bonus until to persons introducing husiness, the Shareholders have by the Deed of the expiration of ten years from the time of effecting the Policy, whilst Settlement given up half of their Profits for the benefit of such persons in this Office three years is the utmost limit.

as extra Commission. 2. At the first division of Profits in May, 1853, a Reversionary Bonus,

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Extra Commission paid. On reference to the Prospectuses of some of the principal Offices,

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188 93

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69

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1398 1

100 10 0 In most Offices Assurers do not participate in the Profits until after

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No. 33, Vol. J., New Series.

GG

CERTIFICATES.
GAZETTES.-Friday, Aug. 17.

To be allowed, unless Cause be shewn to the contrary on or

before the Day of Meeting. BANKRUPTS.

John Divers, Talbot-court, Eastcheap, licensed victualler, JAMES CARTER DALTON, Coleman-street, dealer and Sept. 8 at 11, London.-Benjamin Bouch, Williams-terrace,

chapman, Aug. 25 at 2, and Oct. 2 at 12, London: Of. Hawley-road, Kentish-town, licensed victualler, Sept. 7 at Ass. Whitmore; Sols. Linklaters & Co., 17, Sise-lane, place, Pimlico, stone merchant, Sept. 11 at half-past 12, Lon

half-past 1, London.-Robert Daniel, Victoria-Wharf, Union. Bucklersbury,-Pet. f. Aug. 15. THOMAS EARLE, Parliament-street, Westminster, dealer don.-Wm. Bennett, Portishead, Somersetsbire, carpenter,

and chapman, Sept. 1 at 11, and Oct. 2 at 1, London : Sept. 25 at 11, Bristol.- John P. Hall the younger, Liver Off. Ass. Nicholson ; Sol. Jerwood, 17, Ely-place.-Pét. f. pool, drysalter, Sept. 11 at 11, Liverpool.-- George Newey,

Birmingham, grocer, Sept. 10 at half-past 10, Birmingham.Aug. 1. JOHN BROWNHILL, Tipton, Staffordshire, shoemaker,

Harriet Swindell, Ashborne, Derbyshire, wine merchant, Aug 31 and Sept. 21 at 11, Birmingham: Of. Ass. Sept. 11 at 10, Birmingham.-Wm. Comeley the elder, TipChristie ; Sols. Coldicott & Canning, Dudley; Motteram &

ton, brickmaker, Nov. 5 at half.past 10, Biriningham.- John

Walley, Derby, boiler maker, Sept. 11 at 10, Nottingham.Knight, Birmingham.- Pet. d. Aug. 15. JOSEPH WHITEHOUSE, West Bromwich, and WIL- James Tomlinson, Nottingham, timber merchant, Sept. 11 at

LIAM JEFFRIES, Compton, Kinver, Staffordshire, iron. half-past 11, Birmingham.-Samuel Thraves and Wm. Harmasters,

(trading under the firm of the Phoenix Iron Comrison, Nottingham, upholsterers, Sept. 11 at 10, Nottingham. pany at West Bromwich, William Jeffries also trading alone To be granted, unless an Appeal be duly entered. as an ironmaster at Hart's-hill, Worcestershire), Sept. 3 Henry Chatteris, Lothbury, merchant.-John R. Hobers and Oct. 1 at half-past 10, Birmingham : Off. Ass. Bittle- and Stephen Froud, Orchard.street, Alfred-road, Harrow. ston; Sols. James, and Stubbs & Smallwood, Birmingham. road, Paddington, builders.- Samuel Clay, Wakefield, millPet. d. Aug. 16.

owner.- John Biddle, Leicester, glove manufacturer.—John JOHN WITHERS TAYLOR, Nottingham, dealer and Parkinson the elder and John Parkinson the younger, Leices

chapman, Aug. 28 and Sept. 18 at 10, Nottingham : Off. ter, hosiers.--Samuel Lowe, Derby, silk manufacturer.-S. Ass. Harris ; Sol. Wells, Nottingham.- Pet. d. Aug. 7. Dudley, Tipton, Staffordshire, tailor.- Joseph Asher, Old EDWARD WILLES KNIGHT, Bath, late of Cardiff, dealer Dalby, Leicestershire, miller. - James Power, Wolverhamp

and chapman, Aug. 28 and Sept. 25 at 11, Bristol : Off. ton, mason.-William Davies, Birmingham, shoe manufac. Ass. Acraman; Sol. Trenerry, Bristol.- Pet. f. Aug. 16. turer.John M Carthy, Aston, near Birmingham, publican. GUSTAVUS GIDLEY, Torquay, dealer and chapman, Aug.-W. Horton and J. Horton, Wednesbury, Staffordshire,

30 and Sept. 20 at 1, Exeter: Off. Ass. Hirtzel; Sols. timber merchants.-Thomas Evans Partridge and Samuel Carter, Torquay; Stogdon, Exeter.

Pet. f. Aug. 10. Partridge, Darlaston, Staffordshire, screw bolt manufacturers. WILLIAM BARTLETT WHITEWAY, Kingsteignton,

Devonshire, miller, Aug. 30 and Sept. 20 at 1, Exeter :
Off. Ass. Hirtzel; Sol. Stogdon, Exeter.- Pet. f. Aug. 13.

TUESDAY, Aug. 21.
WILLIAM LEEDHAM and WILLIAM ALFRED WILD,

BANKRUPTS. Sheffield, dealers and chapmen, Sept. 1 and 29 at 12, Sheffield : Off

. Ass. Brewin; Sol. Ryalls, Sheffield.-Pet. d. ANTHONY GIBSON, Lloyd's Coffee house, Royal Es. and f. Aug. 7.

change, dealer and chapman, Sept. 3 at 11, and Oct. 2 JOSEPH WHITTLE, St. Helen's, Lancashire, provision

at 1, London: Off. Ass. Cannan ; Sols. Linklaters & Co., dealer, Aug. 28 and Sept. 18 at 11, Liverpool: Off. Ass.

17, Sise-lane, Bucklersbury.-Pet. f. Aug. 10, Cazenove; Sols. Haddock, St. Helen's; Evans & Son,

HENRY SCRASE, Brighton, dealer and chapman, Sept. 3

at 1, and Oct. 2 at half-past 1, London: Off, Ass. Cannan; Liverpool.-Pet. f. Aug. 13. EDWIN LATHAM and WILFRID LATHAM, Liverpool,

Sols. Linklaters & Co., 17, Sise-lane, Bucklersbury.- Pet. commission merchants, (carrying on business at Liverpool ROBERT NICOL, Idol-lane, Tower-street, dealer and chap.

f. Aug. 21. under the style or firm of Latham Brothers, and at Monte Video under the style or firm of W. & E. Latham & Co.,

man, (trading under the firm of Robert Nicol & Co.), Aug. 29 and at Buenos Ayres under the style or firm of Wilfrid

at 1, and Oct, 1 at half-past 1, London: Off. Ass, StansLatham & Co.), Aug. 30 and Sept. 21 at 11, Liverpool: ROBERT AUSTIN, Pembroke-square, Kensington, linen

feld; Sol. Scarman, Coleman-street.- Pet. f. Aug. 4. Off. Ass. Turner; Sols. Littledale & Bardswell, Liverpool. - Pet. f. Aug. 8.

draper, Aug. 30 and Sept. 25 at 12, London: Off. Ass. WILLIAM BACKHOUSE, Lathom, (not Latham, as before

Edwards ; Sols. Lumley & Lumley, 41, Ludgate-street.advertised), Lancashire, timber dealer, Aug. 27 and Sept. JOHN HOBSON, Leeds, grocer, Sept. 4 at 12, and Oct. 5

Pet. f. Aug. 17. 27 at 11, Liverpool: Off. Ass. Morgan; Sols. Harvey & Co., Liverpool. - Pet. f. Aug. 9.

at 11, Leeds: Off. Ass. Hope ; Sols. Bond & Barwick, CHARLES HENRY WALL and CHRISTOPHER HOLT, JOHN WILLIAMS, Ffynnon Groyw, Llanasa, Flintshire,

Leeds.--Pet. f. Aug. 18. Samlesbury, near Preston, Lancashire, dealers and chapmen, (trading under the name, style, or firm of Wall & Holt),

grocer, (carrying on business in co-partnership with Walter

Bell, an infant), Sept. 6_and Oct. 10 at li, Liverpool : Aug. 28 and Sept. 18 at 12, Manchester : Off. Ass. Fraser ; Sols. Ascroft, Preston; Cobbell & Wheeler, Manchester.

Off. Ass. Turner ; Sols. Evans & Son, Liverpool. - Pet. f. Pet. f. Aug. 16.

Aug. 16. GEORGE WHARTON, Manchester, dealer and chapman, THOMAS YOUNGER the elder, Sunderland, dealer and Aug. 28 and Sept. 17 at 12, Manchester : Off. Ass. Pott;

chapman, Aug. 27 at 11, and Oct. 5 at 1, Newcastle-uponSol. Boote, Manchester. -Pet. f. Aug. 13.

Tyne : Off. Ass. Baker; Sols. Harle & Co., Newcastle. SAMUEL LEWIN WALTER, Manchester, coal merchant,

upon-Tyne, and 20, Southampton-buildings, Chancery-lane. Aug. 29 and Sept. 17 at 12, Manchester : Off. Ass. Fraser ;

--Pet, f. Aug. 14.

MEETINGS. Sol. Faulkner, Manchester.-Pet. f. Aug. 7.

Thomas Ramsden and William Bradford Baxter, Bailiffe MEETINGS.

Bridge, Yorkshire, worsted spinners, Sept. 14 at 11, Leeds, John Roper and William Mitchell, Keighley, Yorkshire,

last ex.-John Brooks, Weston-super-Mare, Somersetshire, worsted spinners, Aug. 28 at 11, Leeds, pr. d.- Newyear wine merchant, Sept. 13 at 11, Bristol, aud. ac. ; Sept. 17 at Lawty Dyson, Macclesfield, grocer, Sept. 4 at 12, Man. 11, div.John Parker Marsh, Salvadore House, Bishopsgatechester, last ex.-John Taylor, Manchester, chemist, Aug. 29 st., woolbroker, Sept. 17 at 11, London, div.-Thos. Bothell at 12, Manchester, last ex. -Willian Baker, Cumberland - Lawford and Edwin Maitland, George-yard, Lombard-street, market, licensed victualler, Aug. 28 at 12, London, aud. ac.

wine merchants, Sept. 18 at 1, London, div. joint and sep. Patrick Hayes, Widnes, Lancashire, oil manufacturer, Aug. 12, London, div.-'John Wilson Davis, Deptford, grocer,

ests.-John Stevens, Fetter-lane, cheesemonger, Sept. 18 at 28 at 11, Liverpool, aud. ac.- :-Richard Chamberlain, Uttoxe. ter, Staffordshire, draper, Aug. 27 at balf-past 10, Birming- Sept. 18 at 12, London, div. ham, div.

[For continuation of Gazette, see p. 345).

CONTENTS London Gazettes............

336

COURT OF Queen's Bench-(continued). Leading Article

337 Review..

339

The Midland Railway Company v. The Chesterfield Public Examination, Miobaelmas Term

342

Lighting Commissioners.-(Lighting rate-Line of Prospectus of Lectures in Michaelmas Educational Term 343

railway—Houses, buildings, works, and here

ditar ts". Land" - 6 Geo. 4, c. lxxvii, NAMES OF THE CASES REPORTED.

88. 34, 36)..

797 COURT OF APPEAL IN CHANCERY.

Brewin o. Short.-(Bankruptcy-Goods in possession, By F. FISHER, Barrister at Law.

order, and disposition of bankrupt-Demand by Oldaker o. Hunt.-(Injunction-Construction of stat.

owner—"Transaction"-12 & 13 Vict. c. 106, 11 f. 12 Vict. c. 63, 88. 45, 46, 145).. ..... 785

8. 133)

798 Dowell v. The General Steam Navigation Company.VICE-CHANCELLOR STUART's COURT.

(Collision-Sailing vessel and steamer-Regulation By T. F. MORSE, Barrister at Law.

of Admiralty-14 & 15 Vict. c. 79, 8. 28Plea, Marshall v. Bentley.-(Marriage settlement Election

not guilty- Preponderance of blame-Finding of by widow and second husband, right to compel

jury).

800 Claim against the widow's second husband for di- Reg. v. Rose.-(Public Health Act, 11 & 12 Vict. vidends received by her during widowhood--Will

c. 63, s. 55-Bye-law--Removal of snow-ConConstruction-" Household furniture and effects"

viction-Certiorari)..

802 -Reversionary interest in Consols not includedShares of money in the funds, whether vested or

COURT OF COMMON PLEAS. contingent)

786 By W. PATERSON and W. Mills, Barristers at Law, Stanger v. Nelson.-(Will Construction -Gift to

Abbott v. Rogers.-(Joint-stock Companies Registra"all my cousins")

789

tion Act, 7 d. 8 Vict, c. 110, 8. 24–10 & 11 Vict. VICE-CHANCELLOR Wood's Court.

c. 78, s. 7 - Railway companiesProvisionally reBy MATTHEW B. BEGBIE, Barrister at Law.

gistering-Ilegality)

804 Spackman v. The Great Western Railway Company. (Lands Clauses Consolidation Act--Notice to take

EXCHEQUER CHAMBER. lands Lands forming part of a manufactory).... 790

By G. J. P. Smith, Barrister at Law. Ogden v. Battams.-(Mortgagor and mortgagee-Sale, Graham v. The Van Diemen's Land Company.

with right to repurchase --Account-Commission) 791 (Bankrupt's estate-Shares partly paid upon Milligan 0. The Earl of Hardwicke. -(Covenant

Assignees Acceptance-Reasonable time) 806 Legacy--- Satisfaction)..

793 COURT OF QUEEN's Bench,

COURT or ExchEQUER. By G. J. P. SMITH and W. B. BRETT, Barristers at Law.

By W. M, Best, Barrister at Law. Schilizzi . Derry.-(Charterparty_Completion of Elliott v. Bishop:-(15 & 16 Vict. c. 76-Reg. Gen., voyage-Dangers of seas, rivers, and navigation

T. T., 1853-17 & 18 Viet. c. 125-Proceedings Dissolution of contract)

795
in error- -Special case--Costs)

808

THE JURIST.

those attempts failed, or offer any comment on the

plain words of the 14th section of the Dower Act LONDON, AUGUST 25, 1856.

“And be it further enacted, that this act shall not

extend to the dower of any widow who shall have Soon after the passing of the collection of acts which been or shall be married on or before the 1st January, were the fruit of the first Real Property Commission, 1834; and shall not give to any will, deed, contract, including the Dower Act, 3 & 4 Will. 4, c, 105, several engagement, or charge executed, entered into, or created questions were raised as to the condition of married before the said 1st January, 1834, the effect of defeating women under the new law with reference to dower; or prejudicing any right of dower.” and two of them, Mr. Hayes informs us*, were seriously After this, it was to be expected that some adventuagitated. The first was, whether a woman married on rous conveyancer would contend that the dower of a or before the 1st January, 1834, could extinguish her widow who had been married after the 1st January, title to dower by a deed acknowledged according to the 1834, was defeated by an expression of intention to Fines and Recoveries Act, and, indeed, whether that exclude dower contained in an instrument executed act extended to dower in its inchoate state. That doubt before that day, by virtue of the 6th section of the was, as Mr. Hayes says, not deserving of serious refuta- Dower Act, which (passed in August, 1833) enacted, tion, whether it was founded on any supposed inade- “ that a widow shall not be entitled to dower out of quacy of the word “estate” in the Fines and Recoveries any land of her husband when in the deed by which Act, as extended by the glossary clause to any interest such land was conveyed to him, or by any deed exein lands, or on an imaginary repugnancy between the cuted by him, it shall be declared that his widow shall Fines and Recoveries Act and the Dower Act.

not be entitled to dower out of such land." The quesThe other serious question was, whether the dower tion was seriously argued before the Master of the Rolls of a woman married on or before the 1st January, 1834, in the case of Fry v. Noble, (1 Jur., N. S., part 1, out of lands purchased by the husband after that day, p. 767), upon these facts:-In 1827 a freehold estate was might be excluded by a declaration (and, as a conse- conveyed, in favour of Mr. Fry, to the ordinary uses quence, by alienation, &c.) under the Dower Act; and to exclude dower, and the limitations were introduced we are told that attempts were made, under the sanc- by the declaration that the estate was so limited “to tion of respectable advisers, to enforce the adoption of the intent that the then present or any future wife of that interpretation in practice. We need not say that the said T. W. Fry might not be entitled to dower.”

After that conveyance the first wife of Mr. Fry died, * Introduction to Conveyancing, vol. 1, p. 306. and in 1838 he married the lady who, as his widow,

now claimed dower out of the land comprised in the fund subject to a trust for investment in land, as in the conveyance of 1827. The question, as we have said, analogous case of curtesy. was seriously argued, and it was as seriously and deli- There is some ambiguity in the language of the 5th berately considered and disposed of by the very able section, which enacts that all “ debts, incombrances, judge who had to decide it. It was held that the contracts, and engagements to which his [the husplaintiff was entitled to her dower; and after taking band's] land shall be subject or liable shall be valid time to consider the question, the Court allowed her and effectual as against the right of his widow to her costs, observing, that it was not one of the cases dower.” The object of the enactment seems to be in which, upon an undisputed question, the plaintiff merely to give validity as against dower to such charges comes merely for partition or having the award set as attach on the land in the husband's lifetime, so as out by metes and bounds, but it was, in truth, a dis- to postpone the widow's claim to the claims of judgputed right to dower, resisted upon grounds which ment creditors, but not to subject dower to the claims failed-grounds which, in the opinion of the Court, of creditors by bond or simple contract, who have no anybody would have advised the defendant to contest it right in respect of the land until after the husband's upon, for it was a question of considerable nicety. death, and with whose claims even then the land is

The decision of course proceeded upon a literal ad- not charged, but only the heir or devisee personally in herence to the words of the act, which entitles widows respect of the land. (See Horn v. Horn, 2 Sim. & S. married after the 1st January, 1834, to dower out of 448; Spackman v. Timbrell, 8 Sim. 260; Townsend v. equitable estates, and declares that it does “ not give Westacott, 2 Beav. 240; 4 Beav.58; Richardson v. Horto any will, deed, &c. executed before the 1st January, ton, 7 Beav. 124). Before the statute, dower was sub1834, the effect of defeating or prejudicing any right of ject only to such specific charges and incumbrances as dower,” the sole reason offered for rejecting that literal actually attached on the land before the marriage. The construction being, that it gives to an act intended to provision in the 14th section, upon which Fry v. Noble place dower entirely within the husband's control the was decided, has not the words “debts” and “incumeffect of subjecting an estate to dower which but for brances,” though it has the words “contracts” and the act would have been exempt from it, and which engagements,” which seem sufficient to include debts. the husband had declared he intended to exempt from The 4th section negatives the widow's right to it. But it was clearly impossible to control the posi- dower out of estates which shall have been absolutely tive provisions of the act-first, that a widow within disposed of by the husband; and the 6th, 7th, 8th, and the act should be entitled to dower out of equitable 9th sections enable the husband to qualify, abridge, or estates, if not excluded in the way pointed out by the extinguish his widow's title to dower by various means. act; and, secondly, that no instrument executed before But with respect to partial estates and interests, charges, the day named should be capable of so operating to ex- &c. created by the husband, it is merely provided clude her; and when it is considered that the decision (sect. 5) that such partial estates and interests, charges, either way could neither shock nor gratify any moral &c. shall be “valid and effectual" as against the instinct, the question under discussion being one which widow's right to dower. The question remains, whecould not be decided upon any general notions of jus- ther, after satisfaction of such partial estates and intice or morality, but related to the application of rules terests, charges, &c., if necessary, out of the widow's purely arbitrary in their origin and accidental in their interest, she can claim to be indemnified out of her operation, it is only surprising that so much trouble husband's assets, real and personal, as against the heir, was taken to refute the arguments on the losing side. next of kin, legatees, (not entitled to a charge on the

We may here notice some other points on the applica- real estate), and creditors, or any of them, and (in the tion of the Dower Act. The 4th and 6th sections post-case of a will made before 1834, and not subsequently pone the wife's dower to the title of any devisee or republished) as against devisees.

With respect to legatee claiming under any absolute or partial disposi- partial estates, and also charges which are not secution or charge by the husband's will; and the 7th sec- rities for debts personally owing by the husband, this tion enacts, that she “shall not be entitled to dower question must be answered in the negative. The widow out of any land of which her husband shall die wholly can have no claim upon any person for indemnity or partially intestate, when by his will duly executed against such estates or charges. But charges of debts, for the devise of freehold estate he shall declare his in- for which the husband is personally liable, stand on a tention that she shall not be entitled to dower out of different footing; and though the act makes such such land, or out of any of his land." The question charges effectual against dower, it does not seem to upon this clause is, whether it contemplates exclusively interfere with the ordinary rules which govern the land devisable by the testator, or extends to estates application of assets to the payment of debts, but tail. Such a limitation of the expressed meaning rather to place the widow in the same position with would be purely conjectural; and it is probable that if respect to such charges as a widow married before the question were raised, it would be decided, after the 1834 would stand in under the old law with respect to example of Fry v. Noble, upon a literal construction of mortgages or other charges for securing her husband's the act. The bar as to all the testator's lands, effected debts in which she had expressly joined for the purunder the 9th section by a devise to the widow of an pose of binding her dower. In either case the debts so interest in any lands of which she would have been secured must be paid in the first instance out of the dowable, clearly extends to the testator's estates tail. assets of the husband-that is to say, his personal estate,

The act, by extending dower to equitable interests, and so much of his real estate as passed by his will seems to entitle the widow to dower out of a money or descended to his heir. After exhausting the assets,

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