Imágenes de páginas
PDF
EPUB

Just published, price 12s. boards,

· CLARKE'S NEW GAME LAWS. THE STATUTE LAW relating to RAILWAYS.

A New Edition, in a pocket size, price 2s. 6d. sewed... 1 This Work contains all the Statutes at Length, including the Joint CLARKE'S NEW GAME LAWS; being a comprehensive stock Companies Registration Act, 7 & 8 Vict. c. 110, with Observations Treatise upon that Subject, comprising all the Statutes and Decipointing out its Operation on Railway Companies; also the Companies I sions of the Courts relating to every Species of Game, and also to Deer, Clauses Consolidation Act, 8 Vict. c. 16; the Railway Clauses Consoli- Rabbits, Woodcocks, Snipes, Fish, and Dogs, up to the present Time, dation Act, 8 Vict. c. 17; and the Lands Clauses Consolidation Act, 8 including the Appointment and Authority of Gamekeepers, the Laws of Vict. c. 18: with a complete Analysis of their contents, and a copious | Trespass in the Pursuit of Game, &c. A New Edition, corrected and enIndex. By W. HODGES, Esq., of the Inner Temple, Barrister.

larged, which includes the Acts of 1 & 2, and 5 & 6, and 6 & 7 Will. 4, Also preparing for Publication by the same Author,

relative to the Sale of Game, Informers; and 2 & 3 Vict., relative to the

Time of the Expiration of Game Certificates, &c. A PRACTICAL TREATISE on the LAW of RAILWAYS.

V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, CONTENTS:

(Successors to the late J. & W. T. Clarke, of Portugal-street), 26 and 39, Procedure of Railway Bills through Parliament.--Standing Orders in Parliament.-Jurisdiction of the Board of Trade: first, by Parliamentary

Bell-yard, Lincoln's Inn. Resolutions; secondly, by the Statute Law.-Registration of Companies

HILL ON TRUSTEES. under 7 & 8 Vict. c. 110.-Compensation Cases-On Mandamus. On In

This day is published, in royal 8vo., price 11, 68. boards, junction-Liabilities of Shareholders and Holders of Scrip.--Rating of Railways.-Forms of Pleadings-Reports of Railway Committees; and

A. PRACTICAL TREATISE on the LAW relating to all the Statutes.-Forms of Deeds, &c.

I TRUSTEES, their Powers, Duties, Privileges, and Liabilities. By S. Sweet, 1, Chancery-lane.

JAMES HILL, Esq., of the Inner Temple, Barrister at Law, and Fellow of New College, Oxford.

V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers. This day is published, in one thick Volume, royal 8vo., price 12. 188. 1 (Successors to the late J. & W. T. Clarke, of Portugal-street), 26 and 39 boards,

Bell-yard, Lincoln's Inn.
THE ELEVENTH EDITION of SIR E. B. SUGDEN'S
I PRACTICAL TREATISE on the LAW of VENDORS and PUR-

SUPPLEMENT TO HANSARD ON ALIENS.
CHASERS of ESTATES.

This day is published, price 2s. 6d. stitched, ** By adopting a smaller type and adding to the fullness of the

SUPPLEMENT to a TREATISE on ALIENS and pages, this Edition has been very considerably reduced in bulk and 1 DENIZATION and NATURALIZATION. consisting of the late price. The intrinsic value of the work has not in any way been affected

Acts, 7 & 8 Vict. c. 66, 7 & 8 Vict. e. 12, and 7 & 8 Vict, e. 70, so far as it by the alteration in appearance, as the text remains unabridged, while

affects Aliens; with Notes thereon, and the late decided Cases on the the facility of reference is increased by the consolidation of the former

Subject. By GEORGE HANSARD, Esq., of Lincoln's Inn, Barristhree indexes.

ter at Law. S. Sweet, 1, Chancery-lane, London.

V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, Of whom may be had, recently published,

(Successors to the late J. & W. T. Clarke, of Portugal-street), 26 and 39, SIR EDWARD SUGDEN'S TREATISE ON POWERS.

Bell-yard, Lincoln's Inn. Of whom may be had
In 2 vols. royal 8vo., price 21. in boards,
A PRACTICAL TREATISE on POWERS. By the Right H

ANSTEY'S HISTORY OF THE LAWS AND CONSTITUTIONS. Sir EDWARD SUGDEN. The Seventh Edition.

This day is published, in post 8vo., price 12s., boards,

A GUIDE to the HISTORY of the LAWS and CONSTIIn 1 vol. 12mo., price 148. boards,

TUTIONS of ENGLAND, consisting of Six Lectures, delivered at ALL the EFFECTIVE ORDERS in the HIGH COURT of CHAN CERY from 1815 to the present time, with the Decisions thereon, and

the Colleges of Saints Peter and Paul, Prior-park, Bath, in the presence

of the Bishop and his Clergy. By THOMAS CHISHOLME ANSTEY. the Statutes which regulate the Practice of the Court, By TENISON EDWARDS, Esq., Barrister at Law. To which are added PRECE

Esq., of the Middle Temple, Barrister at Law, Professor of Law and JuDENTS of BILLS of COSTS ADAPTED to the NEW ORDERS

risprudence in those Colleges. with Practical Observations.

V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers

(successors to the late J. & W.T. Clarke, of Portugal-street), 26 and 39 ELLIOTT ON THE QUALIFICATIONS AND REGISTRATION Bell-yard, Lincoln's Inn.

OF ELECTORS.
In 1 Vol., 12mo., price 148. boards,

SUPPLEMENT TO FORSTER'S COPYHOLD ANA CUSTOMARY A PRACTICAL TREATISE on the QUALIFICATIONS and RE

TENURE ACT. GISTRATION of PARLIAMENTARY ELECTORS in ENGLAND

Just published, in 12mo., price 6d. stitched, and WALES: with an Appendix of Statutes and Forms. The Second

THE COPYHOLD and CUSTOMARY TENURE, COMEdition, including the Acts for the Trial of Controverted Elections, and for the Registration of Voters, 4 & 5 Vict. c. 58, and 6 Vict. c. 18, with

1 MUTATION, and ENFRANCHISEMENT AMENDMENT Notes. By GEORGE PERCY ELLIOTT, Esq., of the Middle Temple,

ACT, (6 & 7 Vict. c. 23); with an Introduction, Notes, and Index. By Barrister at Law.

R. W. E. FORSTER, Esq., of Lincoln's Inn, Barrister at Law.

And the COPY HOLD and CUSTOMARY TENURE ACT, (4 & 5 Vict. A TREATISE on PRESUMPTIONS of LAW and FACT, with the

c. 35), with the Supplement, price 69. 6d. boards. Theory and Rules of Presumptive or Circumstantial Proof in Criminal

v. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, Cases. By W. M. BEST, Esq., A.M., LL. B., of Gray's Inn, Barrister

(Successors to the late J. & W. T. Clarke, of Portugal-street, 26 and 39, at Law. In 8vo., price 158. boards. .

Bell-yard, Lincoln's Inn. QUESTIONS on the LAW of EVIDENCE, with THE ANSWERS.

Of whom may be had, By a BARRISTER. Price 4s, 6d. boards.

MILLER'S ORDERS IN CHANCERY.-Second Edition. QUESTIONS on CONVEYANCING and the LAW of REAL PRO

Price 148. boards, PERTY, with Answers. By a MEMBER of the BAR. Price 86. bds. THE ORDERS of the HIGH COURT of CHANCERY, from HIQUESTIONS on the PRACTICE of the COURTS of COMMON.

LARY TERM, 1800, to MICHAELMAS TERM, 1845, with an Ana

lysis of the Orders: the Statutes relating to Pleading and Practice in LAW, with ANSWERS. By WM. THEOBALD, Esq., Barrister at

that Court, including Sugden's Acts, with Notes of the Decisions upon Law. Price 6s. boards.

the above Orders and Statutes, and Explanatory Observations. Second LORD CAMPBELL'S LIBEL ACT, (6 & 7 Vict. cap. 96), with an Edition. By SAMUEL MILLER, Esq., Barrister at Law. Introduction on the Law of Oral Slander; Commentaries upon each

To which may be appended, in 8vo., price 18. stitched, Section of the Act; Forms of Indictments, Pleas, &c.; and an Appendix, A SYNOPTICAL ANALYSIS of the PRACTICE of the HIGH containing Extracts from the Evidence given before the Select Committee COURT of CHANCERY, as altered by the recent Orders of 8th May, of the House of Lords. By JOHN HUMFFREYS PARRY, Esq., of the

1845, arranged by PALGRAVE SIMPSON, a Solicitor of the Court, Middle Temple, Barrister at Law. Price 28. 6d.

BARNHAM'S QUESTIONS.---Price 8s. boards.
DREWRY ON INJUNCTIONS.

A SERIES of QUESTIONS on the most important Points conA TREATISE on the LAW and PRACTICE of INJUNCTIONS. nected with a LEGAL EDUCATION, principally designed for the Use By CHARLES STEWART DREWRY, Esq., Barrister at Law. In of Students preparing for Examination previously to their Admission in 8vo., price 14s. boards.

the Courts of Law. Pourth Edition, enlarged. By E. INGS, Esq. AN ELEMENTARY VIEW of the COMMON LAW, Uses, De- Barrister at Law. vises, and Trusts, with Reference to the Creation and Conveyance of

BURTON ON REAL PROPERTY.-SIXTH EDITION. Estates. By WILLIAM HAYES, Esq., Barrister at Law. In 8vo.

In 8vo., price 12. 48. boards, price 5s. boards.

BURTON on REAL PROPERTY, with Notes shewing the recent BYLES ON BILLS OF EXCHANGE.- A Practical Treatise on the

Alterations by Enactment and Decision. The Sixth Edition. By EDLaw of Bills of Exchange, Promissory Notes, Bankers' Cash Notes and WARD P. COOPER, Esq., of the Middle Temple, Barrister at Law. Cheques. With an Appendix of Statutes and forms of Pleading. Fourth Edition, much enlarged, 12mo., price 168. boards.

VEAL'S RECORD AND WRIT PRACTICE.--New Edition. THE ATTORNEY and SOLICITOR'S ACT, 6 & 7 Vict. cap. 7

In 12mo., price 58. bds., under the Orders of 8th May, 1845,

THE RECORD and WRIT PRACTICE of the COURT of CHANwith an Introductory Analysis, Notes, and Index. By J. C. SYMONS,

CERY. By JOHN VEAL, Esq., Clerk of Records and Writs. Beeond Esq., of the Middle Temple, Barrister at Law. Price 20. 6d. sewed.

Edition, adapted to the New Orders, and considerably enlarged. A TREATISE on WARRANTS of ATTORNEY, COGNOVITS, and JUDGES' ORDERS for JUDGMENT; with an Appendix of Forms,

PITMAN ON PRINCIPAL AND SURETY. By HENRY HAWKINS, Esq., of the Middle Temple, Barrister at

In 8vo., price 10s. 6d., Law. Price 5s., cloth boards.

A TREATISE on the LAW of PRINCIPAL and SURETY. By A TREATISE on the LAW of EASEMENTS: comprising the Law

EDWARD DIX PITMAN, Esq., A.M., of Lincoln's Inn, Barrister of Natural and Artificial Water-courses, Rights to the lateral Passage of

at Law, Light and Air, Rights of Way, Rights to Support of Land and Buildings, A TREATISE on the LAW relating to ALIENS and DENIZANegligence in Law and in Fact: Legalisation of Nuisances, Party TION and NATURALIZATION. By GEORGE HANSARD, Esq. Walls, and Pences, &c. By CHARLES JAMES GALE and THOMAS of Lincoln's Inn, Barrister at Law. Price (including the Supplement DENMAN WHATLEY. Esqrs., Barristers at Law. Price 16s. boards. I 118. 6d. boards.

[ocr errors]

TAW.-A Solicitor of respectable and good Practice in

Just published, in 1 vol. 8vo., cloth boards, price 148.), U Town, is desirous to have the Services of a Gentleman from the T IVES of EMINENT ENGLISH JUDGES of the Se. Country, who has served his Articles, or who may wish to serve the last venteenth and Eighteenth centuries. Edited by W. N. WELSBY. Year of bis Articles in Town, and who, in addition to being acute and Esq., M.A., Recorder of Chester Containing the Lives of Sir Matthew industrious, has so applied himself to his profession as to be able to take Hale, Lord Keeper Whitelocke, Lord Nottingham, Sir John Holt, Lord the Management under the Principal. A moderate salary will be given. Cowper, Lord Harcourt, Lord Macclesfield, Lord King, Lord Talbot. Apply, by letter, to H. H., at Messrs. Stevens & Norton, Law Publishers. Lord Hardwicke, Sir William Blackstone, Lord Bathurst, Lord Mang Bell-yard, Lincoln's Inn.

field, Lord Camden, Lord Thurlow, Lord Ashburton.

S. Sweet, 1, Chancery-lane. T AW.-WANTED, in an Office of extensive Practice in the

of whom may be had, u Country, within fifteen miles of London, a CLERK, who has been

*

Price 14.. boards, accustomed to, and can be well recommended as efficient in, Posting PRINCIPLES of the LAW of REAL PROPERTY, intended as a Day Books, and making out Bills of Costs. The salary will be 100 First Book for the Use of Students in Conveyancing. By JOSHUA guineas a year. No application will be attended to that does not state WILLIAMS, Esq. of Lincoln's Inn, Barrister at Law. the names and addresses of the applicant's employers during the last “Decidedly superior to any of its predecessors. .... A Work with twelve months; the time the applicant remained with them, when he which no Common-law Student should neglect to provide himself at the left, and the cause of leaving.

outset of his pupilage."-Warren's Law Studies, pp. 560, 766. Also wanted, a COPYING CLERK, at 801. a year, who can write a "The want which the Student has felt, of an Elementary Guide to the good and expeditious hand, well adapted for fair Abstracts, and for Law of Real Property as it exists, and as it is practically important at the Letters to be signed by the Principals. The like references to be given. present day, Mr. Williams (who was already favourably known to the Letters, post paid, to be directed to A. B., at Messrs. Stevens & Norton. Profession by an edition of Watkins's Treatise on Descents, published in Bell-yard, Lincoln's Inn.

1837) has endeavoured to supply by his present Work, and, we think,

with eminent success.... He has developed his plan with great THE EDINBURGH REVIEW, No. CLXX, is just

clearness of method, in a lively and agreeable style." --Jurist., published.--CONTEXTI:

“In many important respects, a decided improvement upon its preI. Proposals for extending the Irish Poor-Law.

decessors; and when the names of some of these are remembered, we II. Speeches and Writings of the late Lord King.

think, that, in expressing this opinion, we are passing no slight praise III. Grote's History of Greece.

.

upon Mr. Williams's book."-Law Magazine IV. Lives of eminent English Lawyers—Legal Education.

"Of considerable use and merit. . . . It appears to us written in V. State and Prospects of British Agriculture,

a pleasing and agreeable style, and well calculated to make a farourable VI. Government of British India.

impression on the Student."-Law Review. VII. Railways at Home and Abroad.

Price 1s. 6d, sewed, London: Longman & Co.; Edinburgh: A. and C. Black.

REMARKS on the ACTS of the SESSION 8 & 9 VICTORIE. This day is published, in 12mo., price 5s. boards,

relating to REAL PROPERTY; with an Answer to the Question

" Whether Attendant Terms ought still to be assigned to Trustees for AN ABRIDGMENT of CASES in the PREROGATIVE

Purchasers," intended as a SUPPLEMENT to “Principles of the Lar 1 COURT under the NEW STATUTE of WILLS, 1 Vict. c. 26;

of Real Property." By JOSHUA WILLIAMS, Esq., of Lincoln's Inn, being a Digest of all the Decisions thereon in that Court, and arranged

Barrister at Law. . under the Sections to which they apply respectively: with Notes and Index, intended as a Work of Reference and Practice with respect to the

DANIELL'S CHANCERY PRACTICE. Execution of Wills. By EDWIN EDWARDS, Esq., of Doctors' Now complete, (Second Edition), in 2 Vols. 8vo., price 31. Ss. bds. Commons...

THE PRACTICE of the HIGH COURT of CHANCERY. William Benning & Co., Law Booksellers, 43, Fleet-street.

1 By EDMUND ROBERT DANIELL, F.R.S. Second Edition, This day is published, duodecimo, price 31. 36., the Fourth Edition of

with several New Chapters, and considerable alterations and additions ; A RCHBOLD'S JUSTICE of the PEACE, and PARISH

adapting the Text to the last General Orders of May, 1845, and the De

cisions of the Court up to the time of publication. By T. E. HEADh OFFICER: with the Practice of Country Attornies in Criminal

LAM, Esq., of the Inner Temple, Barrister at Law. Cases; comprising also all the necessary Forms of Commitments, Con

"In nothing has Mr. Headlam been more successful than in the plan victions, Orders, &c. By JOHN FREDERICK ARCHBOLD. Esa..

by which he has adapted the new Practice, occasioned by the New Barrister at Law. The 3rd vol., title “Poor," may be had separately,

Orders of May, 1845, to the general Practice of the Court. He has in price 20s.

every case incorporated any of the New Orders by which the practice Shaw & Sons, Fetter-lane.

has been varied with the text of the original work, and he has given exIn the Press.

positions of the effect, actual and probable, of those Orders, which exhtTHE LAW DIGEST, Part 2, a General Index to all the

bit much tact and professional acumen." -Law Mag., No. 7, N. S.

V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, L Law reported and enacted between the 1st January to the Ist

(successors to the late J. and W.T. Clarke, of Portugal-street), 28 and July, 1846. (To be continued half-yearly). The purpose is

9, Bell-yard, Lincoln's Ian. the practitioner, at one view, with every recent decision and statute relating to any subject on which he may be engaged. Part I, price 5s. 6d.,

. Of whom may be had, may be had, containing the Cases from July 1 to December 31, 1845.

SMITH'S MANUAL OF EQUITY JURISPRUDENCE Law Times Omice, 29, Essex-street, Strand.

In 12mo., price 8s. boards,

A MANUAL of EQUITY JURISPRUDENCE, as administered in Just published,

England, founded on the Commentaries of Joseph Story, LL.D., and VOLUME the FIRST of COX'S CRIMINAL LAW comprising, in a small compass, a numerous collection of POINTS

CASES. price 11. 12., in hall calfand No. 1 of Vol. 2. Also, constantly occurring in CHANCERY and CONVEYANCING, and in VOLUME the FIRST of NEW MAGISTRATES' CASES, contain the general practice of a Solicitor. By JOSIAH W. SMITH. B.C. ing 11 the Cases in all the Courts, from Easter Term, 1844, to the pre of Lincoln's-inn, Barrister at Law. sent Time. Price 335. 6d., half call. _ (To be continued regularly). “A manual especially adapted to the exigences of a solicitor's prac Law Times Office, 29, Essex-street, Strand.

tice."-Jurist, No. 465. SPENCE ON THE EQUITABLE JURISDICTION OF THE

VALUABLE LAW LIBRARY of the late Sir CHARLES WETHE

I RELL, Kat., with a Good Collection of the Greek and Latin Classics, This day is published, in royal 8vo., vol. I, price 11. Ils. 6d. boards,

and English Literature, by the best Authors. THE EQUITABLE JURISDICTION of the COURT MR. HAMMOND is DIRECTED to REMOVE and 1 of CHANCERY; comprising its Rise, Progress, and final Esta

M SELL at his large Rooms, 28, Chancery-lane, on FRIDAY, NO blishment; to which is prefixed, with a view to the Elucidation of the

13th, and following Day, at 12 o'clock, the above Library of 2500 V main Subject, a Concise Account of the Leading Doctrines of the Com

lumes: including the Statutes at Large, 4to., with Continuations to 8 & 9 mon Law, and of the Course of Procedure in the Courts of Common Law

Vict.: Journals of the House of Lords and Commons; Viner's Abridge in sed to Civil Rights, with an attempt to trace them to their sources;

ment, and Supplement: Vesey jun.'s Reports, Dickens, Atkins, Vetand in which the various Alterations made by the Legislature down to

non, Peere Williams,'Strange, Ambler, Eden, Brown, Merivale, Swat the present day are noticed. By GEORGE SPENCE, Esq., one of her

ston, Jacob & Walker, Turner & Russell, Russell, Russell & Xylne, Majesty's Counsel.

Mylne & Craix, Mylne & Keene, Maddocks, Simons & Stuart, Beaves, Stevens & Norton, 26 and 39, Bell-yard, Lincoln's Inn.

Robinson, Acton, Haggard, Dumford & East, Maule & Selwyn, Barne

well & Cresswell, and General Books of Reference and Practice, & This day is published, in One Thick Vol. 12mo., price 25. boards,

many of which are enriched with his MS. Notes: together with the Mis TYRWHITT'S LAW OF PLEADING. - A SUM.

cellaneous Library, consisting of many rare and useful Works. To be MARY of the LAW of MODERN PLEADING incident to the

viewed Two Days prior to the Sale; and Catalogues to be had, 6. each,

at his Estate Agency Offices, Nos. 28, Chancery-lane, and so, Bell-yard, RULES of HILARY TERM, 1834; with such of the Decisions on

Lincoln's-inn. Practice, Evidence, and costs as are closely connected with that Subject; and copious Analysis of the Cases and Pleadings. By ROBERT

... Orders for THE JURIST given to any Newsman, or letter (postPHILIP TYRWHITT, Esq., of the Middle Temple, Barrister at Law.

paid) sent to the Office, No. 3, CHANCERY LANE, or to V. and . 8. Sweet, 1, Chancery-lane; and V. and R. Stevens & G. S. Norton, ] Bell-yard, Lincoln's-inn.

STEVENS & G.S. NORTON, (Successors to J. & W. T. Clarke, late of

Portugal Street), 26 and 39, BELL-YARD, will insure its punctual de This day is published, in One thick Vol. 8vo., price 11. 168. boards,

livery in London, or its being forwarded on the evening of publication DICKINSON'S GUIDE to the QUARTER SESSIONS.

through the medium of the Post Office, to the Country. U A Practical Guide to the Quarter Sessions, and other Sessions of Printed by WALTER M‘DOWALL, PRINTER, residing at No.fo the Peace: with Forms of Indictment, &c. Adapted to the Use of Ma- | Pemberton Row, Gough Square, in the Parish of St. Bride, in the can gistrates and Professional Gentlemen. By SERJEANT TALFOURD. I of London, at his Printing Office, situate No. 5, Pemberton Row atare

The Sixth Edition, revised and corrected, with great Additions, by R. P. I said; and Published at No. 3, CHANCERY LANE, in the Parish or of » TYRWHITT, Esq., Barrister at Law.

Dunstan in the West, in the City of London, by HENRY SWEET, LAT S. Sweet; V. and R. Stevens & G. 8. Norton; A. Maxwell & Son; H. BOOKSELLER and PUBLISHER, residing at No. 11, John Street, Bedford Butterworth; and O. Richarde.

Row, in the County of Middlesex. Saturday, October 17, 1846.

SPENCE ON TACOURT OF CHANCERY:

[ocr errors]

and EngMMOND is DIRECTED to

PRIDAY, No.

[graphic][subsumed]

Cou

No. 511–Vol. X. OCTOBER 24, 1846.

PRICE ls. ** The following are the Names of the Gentlemen who favour Tue Jurist with Reports of Cases argued and

decided in the several Courts of Law and Equity : House of Lords ........

SA. GORDON, Esq. of the Inner Vice-Chancellor Wigram's SF. FISHER, Esq. of Lincoln's "l Temple, Barrister at Law. Court ..............l Inn, Barrister at Law.

SG.J. P. Smith, Esq. of the Inner TENISON EDWARDS, Esq. of the Privy Council....

1 Temple, Barrister at Law. 1 Inner Temple, Barrister at Law.

SA. V. Kirwan, Esq. of Gray's The Lord Chancellor's S A. GORDON, Esq. of the Inner || Queen's Bench Ball court Inn, Barrister at Law. Court ..............l Temple, Barrister at Law.

Court of Common Pleas, D. Power, Esq. of Lincoln's

including | Inn; and Master of the Rolls Court G. Y. Robson, Esq. of the Inner " Temple, Barrister at Law.

Appeals under Registra- |W. PATERSON, Esq. of Gray's

tion of Voters Act....) Inn, Barristers at Law. (TENISON EDWARDS, Esq. of the

SW.M. Best, Esq. of Gray's Inn, Vice-Chancellor of Eng. Inner Temple, and

· Court of Exchequer ... Barrister at Law. land's Court ........ CHARLES MARETT, Esq. of the || Ecclesiastical and Admi. SJ. P. DEANE, D.C.L. of Doctors

Inner Temple, Barristers at Law. ralty Courts ........1 Commons. Vice-Chancellor Knights W.W. COOPER, Esq. of the Inner

SW.W. COOPER, Esq. of the Inner Bruce's Court........l Temple, Barrister at Law.

* || Court of Review ......

** Temple, Barrister at Law.

[ocr errors]

LONDON, OCTOBER 24, 1846.

half century. “In the year of this Jubilee,” says the

ancient Hebrew law, “ye shall return every man unto OUR“ readers will perceive, in this day's JURIST, & his possession.” (Lev. cap. 25, ver. 13). And again, communication from a correspondent on the subject of “The land shall not be sold for ever: for the land is mine; trusts for accumulation. The cases there referred to, for ye are strangers and sojourners with me. If thy and in particular the very recent case of Browne v. brother be waxen poor, and hath sold away some of Houghton, (10 Jur. 747), afford strong proof of the un- his possession, and if any of his kin come to redeem it, deviating wish of men, to perpetuate beyond the grave, then shall he redeem that which his brother sold; their dominion over their property. That such a de- and if the man have none to redeem it, and himself sire may be natural we do not deny, but it is not of be able to redeem it, then let him, &c.; but if he be course that the law should favour a human propensity not able to restore it to him, then that which is sold merely because it is natural; on the contrary, the object shall remain in the hand of him that hath bought it and proper function of law is to control those tendencies until the year of jubilee; and in the jubilee it shall go of the human mind which are inconsistent with the out, and he shall return unto his possession." (Leks well-being of society; and there is, perhaps, no subject chap. 25, vers. 23 to 28). to which the influence of a wholesome and effective law By the law of France at this day, no man has unlican be better directed, than that of the almost universal mited testamentary power of disposition over his prodesire of mankind to dictate to as much of future gene-perty, whether he has acquired it by descent or by his rations as possible, the mode in which they shall enjoy own industry; but the law disposes of a given portion property.

of it to his family, both in the ascending and descendMany persons appear to think, influenced, no doubt, ing line, leaving him a testamentary disposition only by the habit of considering the great power of disposi- l over the remainder.

: basa tion by will that the law of England has long given to “Les liberalités, soit par actes entre vifs, soit par the owners of property, that the natural law gives to a testament, ne pourront excéder la moitié des biens.dus man the right of absolute testamentary disposition over disposant, s'il ne laisse à son décès qu'un enfant légitime; the worldly goods that he has acquired. The practice of le tiers s'il laisse deux enfans; le quart s'il en laisse mankind is, however, opposed to any such doctrine. quatre ou un plus grand nombre.. Among the Jews, no power of disposition extended in “Les liberalités par actes entre vifs, ou par testament, general beyond half a century; for, as in the year of ne pourront excéder la moitié des biens, si, à défaut d'enthe Jubilee, that is, every fifty years from the taking fans, le defunt laisse un ou plusieurs ascendans dans possession by the children of Israel of the land of pro- chacune des lignes paternelle et maternelle ; et les troisa. mise, every man who could make out his title to lands quarts, s'il ne laisse d'ascendans que dans une ligne.” that had been sold in the preceding half century was to (Code Civil, liv. 3, tit. 2, ss. 913, 915), return to his possession *, it follows that no power of Our own law, which, we believe, gives larger powers disposition could extend over a greater period than such of testamentary disposition than the laws of any known

civilised community, still exercises some sort of con* See Leviticus, cap. 25.

trol over the caprices of testators, by restricting them VOL. X.

00

[graphic]
[blocks in formation]

HOBI

from so tying up property as to make it inalienable for “that during the minority or respective minorities of any more than a given period after the testator's death. person or persons respectinely, who, for the time being, The question, whether a man is to be to any and what should,

what should, by virtue of the limitations in the said settlement extent deprived of the power of prescribing what shall

contained, be immediate tenant for life, in tail male, or in

tail, in possession of or actrially entitled to the yearly be done with his property after his death, is, in fact, rents. issues, and profits of the said estates, the said entirely one of conventional, and not of natural law. trustees should receive and take the said yearly rents, By the natural law, it would seem, if, indeed, there be &c., and, after payment thereout of the charges and any such thing as a natural law of property, that with incumbrances which should then affect the said estates, life all dominion over property must cease. But this sa

at this should, during such minority or respective minorities

| as aforesaid, lay out and invest the said yearly rents,

do &c., in the purchase of public stocks or funds, or upon riance with the ordinary feelings of mankind, as to im- government or real securities in England, to be from pede the operation of the desire of acquiring pro- time to time altered and varied as occasion should reperty; and hence, we find, in most codes of law, some quire; and receive the dividends, interest, &c., and lay testamentary powers recognised. On the other hand, out and invest the same in the purchase of or upor to permit a citizen of a civilised state to prolong his

stocks, funds, or securities of the like nature, to be also

from time to time altered and varied, so that the same dominion over his property after his death to any great

might, during such minority or respective minorities, acextent, is manifestly inconvenient.

cumulate; and to stand possessed of and interested in In this country, an immense portion of the litigation the sums of money, stocks, funds, and securities to be with which society is convulsed, arises out of the intri- purchased with such yearly rents, and the interest, dicate dispositions that testators, under the sanction of vidends, and annual produce respectively, and the acthe law, attempt to make of their property, so as to

cumulations thereof respectively, and the dividends

and annual produce of such accumulations, in trust for extend their control as far as possible into futurity; / mo

scurty, such person or persons respectively as should, immeand it is a question deserving the serious consideration diately upon the expiration of such minority or to of the Legislature, whether the testamentary power re- spective minorities as aforesaid, or the death or deaths cognised by the law of England does not far exceed of such minor or minors as aforesaid, be tenant or tethat which the well-being of society requires. Attempts | nants in possession of or entitled to the rents and profits, to tie up property, as it is called, so as to protect future

and be of the age of twenty-one years; and it was fur

ther declared, that, in the meantime and until the said generations against their own imprudence, afford them

rents, issues, and profits should amount to 8 sum comprotection only at the expense of depriving them of petent for the discharge of the incumbrances in the self-reliance, and of the incentives to prudence; and it said settlement directed to be discharged, the trustees may be doubted whether they do not more mischief to might invest the same in the purchase of stock, &c., society by destroying independence of character, than

and that in such case the dividends and interest of such

last-mentioned stock should be accumulated, and the they do good by restraining waste. On the whole, we

same and the accumulations thereof be laid out and in should be much inclined to think that our law would be

vested as last thereinbefore mentioned, till the same reimproved, if it went further than it does in controlling spectively should be applied in the discharge of the the disposition of men to regulate the devolution of their said sums of money so to be discharged." property after their own death, and, in particular. in l. “Under this settlement,” observes the accurate suchecking every attempt at withdrawing property from

thor of the Treatise on the Thellusson Act*, "since

there might possibly be an indefinite succession of circulation, by a compulsory accumulation, long after any

tenants in tail dying under twenty-one years of age. living mind can preside over it, and judge of its fitness the aforesaid trust might cause an accumulation of to the existing wants of the community.

the rents and profits of the said settled estates for an indefinite period.(Treatise on the Thellusson Act,

p. 93). And this is the view that was taken of the Correspondence.

case both in the arguments at the bar, and in the judg.

ment. “This,” said Sir W. Grant, * is an attempt TO THE EDITOR OF “THE JURIST."

wholly to sever the surplus rents and profits from the

legal ownership of the estate for a time that may extend Sir, I have been rather surprised by the strictures much beyond the period allowed for executory devises contained in your last Number (p. 414) upon the case or trusts of accumulation, and to give them to 8 person of Browne v. Houghton, (10 Jur. 747), and particularly by the attempt to distinguish that case from

ucularly, who may not come into existence until after that peo

Lord riod. .... As to the possibility that Lord SouthSorthampton v. Hertford, (2 Ves. & Bea, 64). Your ampton may attain the age of twenty-one, that never correspondent, X., argues, that, because the trusts for has been held to be an answer to the objection, that the accumulation were secured in the latter case by a term trust, as originally created, is too remote. Supposing of years preceding the estates tail, they could not be this accumulation allowed to go on, and he dies under destroyed; and that in that consists the distinction be- twenty-one, what is to become of the accumulated fund! tween the two cases; the trusts for accumulation being, The deed says, it shall go to the first person entitled to as he urges, in Browne v. Houghton, engrafted upon the the estate who shall attain twenty-one, though there very limitations of the estates tail, in partial defeasance should be no such person for a century to come." I thereof, and destructible by any tenant in tail baving is clear, from these passages, that the vice of the trust, attained twenty-one.

in the view of Sir W. Grant, was, that, by its terms, if It appears to me, that, if the case of Lord Southamp- there was no person entitled within twenty-one years ton v. Hertford is carefully examined, it will be found

after the lives in being, who should attain twenty-one, that no such distinction substantially exists.

the vesting of the accumulated fund was intended to be The trusts for accumulation secured by the term, in suspended till there should be a person entitled who Lord Southampton v. Hertford, were, (and I cite them should attain twenty-one, at whatever time that might at length, that your readers may see clearly whether they support the arguments that I found upon them), l * Treatise on the Thellusson Act, by John F. Hargrave.

happen: in other words, that the measure of the pe- possession, attaining twenty-one, either by reason of riod for the vesting of the accumulated fund should not the form of the trust itself, or of any act of the person be necessarily a period not exceeding twenty-one years entitled affecting such trust, the trust is, in both cases, after the termination of the lives in being, but the hap-void, on the ground of its tending to perpetuity; bepening of an event which might not happen till some cause it is so constructed, that, if there should be period infinitely beyond the twenty-one years.

successive minorities extending over a greater period " It is true, as X. suggests, that the term preced than twenty-one years after the lives in being, the ing the estate tail could not be destroyed by any trust for accumulation would not, according to its terms, tenant in tail under the settlement. But that does cease, and the accumulated fund would not vest; while not affect the question. It would not have been ne- at the same time the trust, even if destructible, could cessary for & tenant in tail, having attained twenty- not be destroyed so as to accelerate the vesting of the one, to destroy the term or its trusts in order to ar accumulated fund, by reason of the personal incapacity rest the secumulation, so far as his estate was con of the owner of the estate. If this be kept in view as cerned; because the trust for accumulation itself di- the true principle of the decisions in Lord Southampton rected that the accumulated fund should go to the first v. Hertford and Browne v. Houghton, it will be seen person entitled who should attain twenty-one. Such that they are in perfect harmony with each other, and person would take it under, and not in derogation of, the that neither is inconsistent with the general rule relied trust. But the question was, whether, if the trust was upon by your correspondent X.

C. S.D. to be held valid, there would not be, in events which might happen, an accumulated fund, at a period exceeding the period when the estate in the land could A REPOSITORY OF POINTS IN EQUITY AND remain unvested ;--and it was clear that such a state of

CONVEYANCING*, things might happen consistently with the intention of Desioned to combine the Advantages of an Abridgment of, the declared trust; indeed, that, upon the construction and an Index to, the recent Cases, and of an original of the trust, such was its very intention. Now, it must Statement of the Points established thereby. not be forgotten that the rule against perpetuities is not, that an estate shall not be inalienable, by reason of any

BY JOSIAH W. SMITH, B.C.L., personal incapacity of the owner to convey, for more

OP LINCOLN'S INN, BARRISTER AT LAW,

Editor of Pearne'. Contingent Remainders, and Author of a Treatise on than twenty-one years after lives in being; but only

Executory Interests. that its vesting, and consequent capacity of being aliened, shall not be suspended beyond that period. Hence it is, that, indirectly, an estate tail may be in fact inalienable

PART II. for much more than the twenty-one years; not because

ADMINISTRATION it is not susceptible of alienation, but because it may be of the Estate of an Executor who had bequeathed his Tesin the possession of an owner personally incapable of tator's Assets as his own. - Where an executor deals doing the acts necessary for its alienation.

with, and ultimately bequeaths, certain canal shares of The test of validity in a trust for accumulation his testator with some of his own, as if they were all dehors the Thellusson Act must be the same. If it be so his own, and dies indebted to his testator's estate, what framed that the accumulated fund must vest within the is due from his estate to that of his testator is not to be twenty-one years, it will be good, although it might exclusively or primarily paid out of the canal shares of vest in an owner personally incapable of disposing of it; I his testator, but the legatees of those shares take them but, if its terms be such, that, if allowed to take effect,

as if they were his property; and the debts due from it would suspend the vesting of the accumulated fund

his estate to the estate of his testator must be paid in beyond the twenty-one years, then it is wholly bad. the same manner as his other debts; that is, his It is from confounding, as it appears to my judg general personal estate must be applied first in payment, the trust for accumulation of the rents, with

ment of them; and, if that is insufficent, the specific the limitations of the estate, that your correspondent legatees of the canal shares and the specific legatees of has fallen into the error of distinguishing Browne v. othechattels (if any) must contribute proportionably Houghton from Lord Southampton v. Hertford, and of to make up the deficiency. Ibbetson v. Ibbetson, 13 denying the soundness of the former decision. The trust | Sim. 644. for accumulation in Browne v. Houghton is, it is true, in Legacy to a Debtor of a Testator whose Debt is a certain sense, engrafted upon the limitations of the eg

| barred. An executor is not obliged to pay a legacy to tate; that is to say, the estates are first limited, and then

a legatee who is indebted to the testator in the amount the trusts as to the rents are fastened upon those limita

of the legacy, although the debt may have been barred tions by way of partially cutting them down. But it

by the Statute of Limitations before the testator's death: is not strictly correct to say, that, in this case any more than in Lord Southampton v. Hertford, a recovery by a

for the statute does not extinguish the debt; it only

y takes away the means of recovering it. The debt, tenant in tail having attained twenty-one would de

therefore, is a part of the testator's assets ; and the stroy the trust. The trust for accumulation in Browne

executor has a right to say to the legatee, “Pay your5. Houghton ceases, by virtue of its very terms, as it

10 self out of that portion of the assets in your hands." did in the earlier case, upon any person attaining Courtnay y. Williams, 15 Law J. 204-L.C. twenty-one. And though it may be true, that, if it did not so cease, it might be destroyed by the recovery of

Contribution between specific Legatees and Devisees the tenant in tail, that is no reason for supporting

towards Payment of Debts.-General Rules of Construcit as a valid trust, if it is found that it cannot be,

tion.]—Where a testator, whose assets are wholly legal, and is intended from its very structure not to be,

| devises all his real estate, no part of which is in morta destroyed in events that may happen, and under which l gage, or specifically charged with any debt, and gives the estate tail cannot be barred; that is, if it can

2 * See Preface to Part I, ante, p. 185. This Second Part com. not be destroyed upon the vesting of an estate tail,

tall, prises the points which occur in THE JURIST and the Law Jour. which cannot be actually aliened, by reason of the mi

m. nal, from the beginning of April to the end of July, and in the nority of the tenant in tail. The principle of the deci- other Reporto published during the same period; namely, rions in both the cases referred to is, Sir, I conceive, 7 Beavan, part 3; 13 Simons, part 4; 4 Hare, part 4; 14 the same: viz. that, without reference to what may Meeson & Welsby, part 4; 6 Adolphus & Ellis, part 2; Da. happen or be done to the trust for accumulation, on vidson & Merivale, part 5; 7 Manning & Granger, part 4; any of the persons to whom the estate is limited in I and 1 Manning, Granger, & Scott, part 4.

« AnteriorContinuar »