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BARRISTERS.-WANTED, by a Young Barrister, PART of a SET of CHAMBERS in the Temple. Address, with particulars, to W. W., care of Mr. White, Devereux-court, Temple.

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REPORTS IN THE COURT OF CHANCERY, IRELAND.

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One Vol. 12mo., price 68. boards. PRACTICAL COMPENDIUM of the LAW. and USAGE of MERCANTILE ACCOUNTS, describing the various Rules of Law affecting them, the ordinary Mode in which they are entered in Account Books, and the various Forms of Proceeding, and Rules of Pleading, and Evidence for their Inyestigation, at Common Law, in ANDER PULLING, Esq., of the Inner Temple, Barrister at Law.-"Mr. Pulling's volume recommends itself to the Profession by the excellence of the arrangement, the diligence with which the law has been collected from so many sources, and the perspicuous manner in which the author expresses himself."-Law Times.

THE Publishers of Mr. DRURY and Messrs. JONES & Equity Bankruptcy, and Insolvency, or by Arbitration. By ALEX

LA TOUCHE'S REPORTS during the Time of LORD CHANCELLOR SUGDEN, respectfully intimate to the Profession, that the Continuation of these Reports are in the Press, and that their Publication WILL CEASE as soon as Sir Edward Sugden's Judgments are all printed. Hodges & Smith, 104, Grafton-street, Dublin.

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Fourth Edition of STORY'S EQUITY JURISPRUDENCE.
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SCRIVEN ON COPYHOLDS.-FOURTH EDITION.

Two Vols. royal 8vo., price 21. 10s. boards.

A TREATISE on COPYHOLD, CUSTOMARY FREEHOLD, and ANCIENT DEMESNE TENURE; with the Jurisdiction of Courts Baron and Courts Leet; also an Appendix containing Rules for holding

COMMENTARIES on EQUITY JURISPRUDENCE, Customary Courts, Courts Baron and Courts Leet, Forms of Court Rolls,

as administered in England and America. By JOSEPH STORY, LL.D., one of the Justices of the Supreme Court of the United States, and Dane Professor of Law in Harvard University.

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DR. BATEMAN'S AUCTION LAWS.
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A PRACTICAL TREATISE on the LAW of AUCTIONS. By JOSEPH BATEMAN, LL.D. The Third Edition, adapted to the recent Alterations in the Law, and containing a complete Series of Conditions of Sale; with various new Tables for valuing and appraising Estates and Property, and much additional Information for the Use of Auctioneers, Appraisers, Factors, and Brokers, as well as Solicitors entrusted with the Management of Auction Sales, &c.

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CONCISE PRECEDENTS in CONVEYANCING, adapted to the ACT to AMEND the LAW of REAL PROPERTY, 8 & 9 VICT. CAP. 106, with Practical Notes and Observations on the Act and the other recent Acts for altering the Law of Real Property, including the ACT 8 & 9 VICT. CAP. 112, FOR EXTINGUISHING ATTENDANT

TERMS. BY CHARLES DAVIDSON, of the Middle Temple, Esq.,
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THE PRACTICE of CONVEYANCING, with PRECEDENTS and FORMS of ASSURANCE, and PRACTICAL NOTES, as originated by the late THOMAS MARTIN, Esq., of Lincoln's Inn, Barrister at Law; and continued and completed by CHARLES DAVIDSON, Esq., of the Middle Temple, Barrister at Law, and Fellow of Christ's College, Cambridge.

In 1 thick vol. 8vo., price 17. Ss. boards, the Second Edition, greatly enlarged, of

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"This work contains a fund of counsel, valuable no less to the Practitioner than the Student, enriched with learning from manifold sources of knowledge, fraught with great practical wisdom, and written in language of no ordinary power. We heartily recommend it to the attentive perusal of all Law Students."-Law Magazine.

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THE LAW LIBRARY of a CHANCERY BARRISTER, retired from the Profession: among which are Ruffhead's Statutes at Large; Hansard's Parliamentary History of England, 36 vols.; Modern Treatises and Books of Practice: complete Series of the old Reports; also the Reports of Peere Williams, Atkyns, Dickens, Strange, Eden, Ambler, Brown, Cox, Vesey, Vesey, jun., Vesey & Beames, Cooper, Merivale, Swanston, Jacob & Walker, Jacob, Turner, Russell, Russell & Mylne, Mylne & Keen, Mylne & Craig, Craig & Philips, Keen, Beavan, Maddock, Simons & Stuart, Simons, Younge & Collyer, Hare, Ball & Beatty, Bligh, Anstruther, Price, Daniell, Younge & Jervis, Younge, Coke, Durnford & East, East, Maule & Selwyn, Barnewall & Alderson, Barnewall & Cresswell, Barnewall & Adolpus, Adolphus & Ellis, &c.

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Deputations, and Copyhold Assurances, and Extracts from the relative
Acts of Parliament. By JOHN SCRIVEN, Serjeant at Law. The
Fourth Edition, embracing all the Authorities to the present Period.
By HENRY STALMAN, Esq., of the Inner Temple, Barrister at Law.
*This is a careful revision of a very valuable standard work.”—Legal
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"This is the Pocket-book of Chancery Practice, as Daniell's is the Text-book. In a small volume, without inconveniently small type, Mr. Ayckbourn has contrived to condense the substance of the existing practice, and many of the Cases to the present Time."-Law Times. CRABB'S PRECEDENTS IN CONVEYANCING.-THIRD EDITION. Two thick Vols. royal 8vo., price 37. boards.

A COMPLETE SERIES of PRECEDENTS in CONVEYANC
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Notes on the several Deeds. To which are added, the latest REAL
PROPERTY ACTS, with Notes, and the Decisions thereon. The
Esq., of the Inner Temple, Barrister at Law.
Third Edition, revised and greatly enlarged, by GEORGE CRABE,

*This work, which embraces both the Principles and Practice of Conveyancing, contains likewise every description of Instrument wanted for Commercial Purposes.

"Crabb's Precedents are already well known to the Profession. Two editions have been exhausted in a very short period; a decisive proof of the estimation in which they are held, and how useful and satisfactory they have been found in practice. The Third Edition, just published, presents a multitude of improvements, giving to it almost the value of a new work."-Law Times.

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THE LAW of RAILWAYS, including the THREE GENERAL CONSOLIDATION ACTS, 1845, and the other General Acts, for rega lating Railways in England and Ireland, with copions Notes of decided Cases; also, the Proceedings in Parliament respecting Railway Bi with Forms, &c. Second Edition, considerably enlarged, by L. SHEL FORD, Esq., of the Middle Temple, Barrister at Law.

"This book, like everything else Mr. Shelford undertakes, is adm ably executed, and indispensable to the Profession. The new Cases are all carefully noted in their proper places in this now Edition."-Law Magazine.

MONTAGU & AYRTON'S BANKRUPT LAW SECOND EDtrios. With Supplement, in Two closely printed Vols. 8vo, price 24. 6s. bds. MONTAGU & AYRTON'S LAW and PRACTICE in BANKRUPTCY, as altered by the recent Statutes, Orders, and Decisions containing Forms, Precedents, and Practical Directions in Bankrupt, with New Tables of Costs, &c. The Second Edition, with a Supple ment, containing the Statutes 7 & 8 Vict. cc. 96, 70, and 111; and al the Rules, Orders, and Decisions to the present Time. By JOHN HERBERT KOE, Esq., one of her Majesty's Counsel, and SAMUEL MILLER, Esq., Barrister at Law.

The Supplement may be had separately, price 5s. boards. "This (extract) will satisfy the reader that our praise is not unde served, and that it is not without cause that we recommend this new Edition of Montagu & Ayrton as the best practical work on the Law of Bankruptcy that has ever issued from the Press."-Law Times.

Printed by WALTER M'DOWALL, PRINTER, residing at No. Pemberton Row, Gough Square, in the Parish of St. Bride, in the City of London, at his Printing Office, situate No. 5, Pemberton Row foresaid; and Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan in the West, in the City of London, by HENRY SWEET, LAY BOOKSELLER and PUBLISHER, residing at No. 11, John Street, Bedford Row, in the County of Middlesex. Saturday, October 31, 1816.

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The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity :

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iran, Bartator at La Lincoln's *Inn, Barrister Law. G.J. P. SMITH, Esq. of the Inner

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Temple, Barrister at Law.

KIRWAN, Esq. of Gray's

*Inn, Barrister at Law.

D.

Appeals under Registra-W. tion of Voters Act.... ad

POWER, Esq. of Lincoln's Inn and antARY

PATERSON, Esq. of Gray's Inn, Barristers at Law.

TENISON EDWARDS, Esq. of the Court of Exchequer W. M. BEST, Esq, of Gray's Inn,

Inner Temple, and

Vice-Chancellor of Eng-
land's Court....191) Charles Marett, Esq. of the
Inner Temple, Barristers at Law.
Vice-Chancellord Knight f W. W. COOPER, Esq. of the Inner
Bruce's Courtholom
Temple, Barrister at Law.

LONDON, NOVEMBER 7, 1846.11

THERE seems to be just now a great effort made to stir the mind of the general public, to the contemplation of the horrors of conveyancing; and even the columns of newspapers have become the arena on which the cham pions and antagonists of the feudal conveyancing are giving battle.

In a warfare of this kind, there is already, and there will be to a still greater extent, misrepresentation and exaggeration,―misrepresentation of the causes of mischief, and great exaggeration of the magnitude of the mischief itself; misrepresentation or misunderstanding of the working of proposed alterations, and consequent exaggeration of their beneficial effect.

The present pet notion of conveyancing reformers, is to assimilate the conditions of land, at least as regards making a title to it, to those of money in the funds; that is, to have something in the nature of a registry, on which shall be inscribed the names of the owners of land, and the description of the lands; and to make the transfer of any lands described in such books from the names in which they stand, into other names, have the effect of passing absolutely to the transferees the whole interest, both legal and beneficial. It is thought, that, | by such a scheme, immense simplification will be effected; and, to some extent, no doubt, it would simplify the process of transferring land, because it would abolish all inquiries as to the devolution of the legal estate, beyond the single inquiry into the fact of the particular person purporting to be the vendor, appearing on the register as owner. That would be sufficient evidence of his ownership, and the transfer of the property from his name into that of the purchaser, would be all that would be required to transfer the simple and entire fee. There would, however, remain behind, all the complicated dispositions of the beneficial interest VOL. X. ૨૨

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Barrister at Law, li adgil ving Ecclesiastical and Admi-f J. P. DEANE, D.C.L. of Doctors ralty Courts ........1 Commons. Court of Review of W. W. COOPER, Esq. of the Inner Temple, Barrister at Law

that the manifold wants of mankind dictate, and with those the proposed scheme of registration by means of transfer books can have nothing to do. Take, for instance, the case of an estate in land conveyed to, trustees upon trust for a husband for his life, remainder to the wife for her life, remainder in tail to the first and other sons, remainder to the daughters, as tenants in common. The husband and wife are living, and the eldest son, having attained his majority and married, has barred the entail on his marriage, and has re-settled his newly-acquired estate to himself and his wife, and the issue of the marriage. He has also mortgaged his life estate; and one may suppose, without any exaggeration, various other dispositions of, or incumbrances upon, the beneficial interest in the land.

Now, the next personage in this conveyancing drama, will be the purchaser of the partial beneficial interest of one of the beneficial owners, say, of the mortgagee of the life interest of the son, the tenant for life in remainder expectant upon the decease of his father and mother. Now, it is plain, that it is of no use for him to apply to the trustees for a transfer. They can only transfer to the purchaser of the whole fee, and of course their trust deed will have taken care to provide that they shall not sell, without the consent of the owners, certain specified beneficial estates. All that the intending purchaser can do, therefore, with regard to the purchase of the limited beneficial interest that he is about to acquire, will be, to take a conveyance of it from its apparent owners, taking care to ascertain that such apparent owners deduce a good title; and taking care, also, to give proper notices to the legal owners, the persons in whose names the land stands. In fact, the investigation of the equitable title must be exactly what it is now, the only difference being, as to getting a complete title, that notice to the acknowledged and visible owners, whose names are in the transfer books,

NEWS

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will be substituted for a conveyance from the legal owners; and the necessity of deducing the title to the legal estate will be abolished. In fact, the result will be simply to render these modes of acquiring title to real estate precisely similar to, and neither more nor less burthensome than, those of acquiring title to personal estate.

Now, those who are much engaged in conveyancing business connected with mercantile transactions,—those

particularly who are much in the habit of being consulted upon and preparing mortgage deeds for borrowers in the middle and trading classes of life,- -are well aware that there are few transactions which raise more intricate and difficult questions as to title, than sales and mortgages of equitable interests in personal estate vested in trustees. They possess, in common with transactions relating to real estate, the difficulties arising out of those inquiries (sometimes of great intricacy) necessary for establishing representation or devolution of title to the beneficial interest, by kindred or by purchase. And though they are free from the inquiries necessary in regard to real estate, as to the devolution of title to the legal estate, they are obnoxious to all those hyperdifficult questions of implied or constructive notice to the legal owners of the property purchased, which have made it difficult for judges to lay down any rules, and still more difficult for professional men to say, à priori, when any particular state of facts falls within such rules as the judges have ventured to lay down.

Of course, in these arguments, we are assuming that it is not proposed to deprive owners of particular beneficial interests, from dealing with those interests as their wants and wishes may dictate; and of course, therefore, we assume that beneficial owners would not, under any reformed system, be precluded from preventing the trustees, the registered owners, from selling the land on which they claim their varied interests, without the consent of all, or of certain of the beneficial owners. To suppose otherwise would be to suppose an extent of absurd despotism, of which we do not suspect even con

veyancing reformers. Taking these assumptions for granted, the increase of facility of selling land would be by no means so great as is anticipated; because trustees would only be able to sell pursuant to their trust deeds, that is, in almost all cases, with the consent of a considerable number of beneficial owners; so that the sale would depend, just as it depends now, upon the establishment of the right to sell, or, in other words, of the title of the equitable owners.

We are not desirous of ridiculing, or even, to use a familiar expression, of throwing cold water upon the transfer-book system, or upon any other proposed system of reform in the law of real property, and in the mode of conveying property. All that we wish to do is, to guard our readers, and through them the public, against imagining that any system, purporting to deal merely with the visible legal ownership of land, can wholly remove complexity and expense from transactions relating to the sale of land; and to remind them, that the real sellers of land always are, and always must be, while the institutions of the country are free, the beneficial owners; and that while there remains, as there must always remain in a commercial community,

a possibility of complicated interests in the beneficial ownership of land, no rules affecting the mere legal ownership can go very far in rendering the transfer of property, in the aggregate, simple and inexpensive.

COURT OF QUEEN'S BENCH.

Nov. 4.-Lord Denman, C. J., said, "At the sittings this term, postpone the Special Paper till the sittings in banc after last term, we intimated that we should, in in banc after term. We shall accordingly take the New Trial Paper on Tuesdays and Fridays during the term, instead of the Special Paper. We do not feel justified in postponing the Crown Paper, and shall therefore take it as usual, on Wednesdays and Saturdays."

Justice of the Court of Common Pleas, by her Majesty's The Right Hon. Sir Thomas Wilde, Knt., Lord Chief command, has been sworn of her Majesty's most Ho nourable Privy Council.

The Queen has been pleased to make the following legal appointments:-James Simms, Esq., to be Assistant Judge of the Supreme Court of Judicature in the island of Newfoundland; Edward Mortimer Archithat island; and Charles Douglas Stewart, Esq., to be bald, Esq., to be her Majesty's Attorney-General for her Majesty's Solicitor-General for the island of St. Vincent.

MASTERS IN CHANCERY.-The Lord Chancellor has appointed the following gentlemen Masters Extraordinary in the high Court of Chancery:-Joseph Morton Barret, of Otley, in the county of York; Edward Lane Swatman, of Lynn, in the county of Norfolk.

LOCAL ACTS OF PARLIAMENT.-By a bill passed last session, (9 & 10 Vict. c. 106), notice must be given, on or before the last day of the present month, where it is intended to make an application to Parliament for an act for the establishment of any waterworks, or for draining, paving, cleansing, lighting, or otherwise improving any town, district, or place, or for making, maintaining, or altering any burial ground or cemetery, or for continuing, altering, or enlarging any of the powers or provisions contained in any act or acts relating to any of the purposes aforesaid. A notice in writing of such intention to apply to Parliament in the next ensuing session for an act for any of the above objects, "shall, on or before the last day of November, or in case such day shall fall on a Sunday, then on the day preceding, in each year, be sent or delivered to the office of the Commissioners of her Majesty's Woods, Forests, Land Revenues, Works, and Buildings; and such notice shall be signed by the promoters of such intended work, or by some person duly authorised on their behalf, and shall be accompanied by a statement the proposed act, and with such plans, sections, books in duplicate of the intended objects and provisions of of reference, or other documents, if any, as are required by the standing orders of either House of Parliament to be deposited in any public office." The commissioners, on or before the 1st March in each year, are to appoint an officer to make local examination, and to rebe appointed is to give public notice of his intention, and port thereon to Parliament. The surveying officer to

may summon persons and examine them on oath on the intended local act. The expenses of the inquiry are to be defrayed by the promoters of the undertaking. This act was passed, according to the preamble, to give fainformation previous to inquiries before either House cilities for procuring more complete and trustworthy of Parliament on applications in certain cases for local acts.-Times.

A REPOSITORY OF POINTS IN EQUITY AND CONVEYANCING,

Designed to combine the Advantages of an Abridgment of and an Index to, the recent Cases, and of an original Statement of the Points established thereby.

(Concluded from p. 441).

LEGACIES.

Where a Lapsed Legacy is undisposed of.]-Where a testator, after giving the residue of his property in trust for certain persons, in equal fourths, wills, that, in case the net residue shall be found to exceed a certain amount, that amount only shall be applicable to the trusts before declared; and he bequeaths all the residue of his property beyond that amount amongst certain other persons; and the residue does exceed that amount; and one of the first-mentioned legatees dies in the testator's lifetime, his share will not pass as residue to such other legatees, but is property undisposed of by the will: for the words of the will must determine the rights of the parties, although, according to this construction, if the residue were less than such amount, and all the first-named legatees pre-deceased the testator, the other legatees would take nothing, which cannot be supposed to have been the intention of the testator. Green v. Pertwee, 10 Jur. 538-V. C. W.

Interest accrued during Minority.]-Where a testator gives a sum of money amongst certain children, to be paid at the age of twenty-one, with benefit of survivorship, and he wills that his trustees shall and may apply the interest towards their maintenance and education until their respective shares shall become payable, and that the trustees may apply the whole or any part of the principal at any earlier period than the same would become vested or payable, for the advancement of the infants; the representatives of a child who dies under age are not entitled to the interest accrued during his minority. Skaife v. Stewart, 10 Jur. 299-V. C. Ě.

Charged on Real Estate.]—Where a testator gives his residuary real and personal estate to his executors, and charges them with the payment of his legacies, this will amount to a charge of such legacies on the real estate, even though an annuity be formally charged by him on his real estate. Cross v. Kennington, 15 Law J. 167M. R.

MARRIED WOMEN.

Wife's Acquiescence in her Husband's Receipt of her pointing a person to receive the rents of an estate devised separate Property.]—If a husband and wife join in apto her separate use by a member of her family, and such person pays the rents into a bank to the husband's account, although that bank be the bank of the wife's family, and not the bank of the husband, and the husband all along draws cheques for the money, some of which he applies to his own purposes, without any payment being made to the wife, or any claim being made by the wife to any part of the money, and at the death of the husband a large balance remains in the bank, it belongs to the husband's estate, and not to the wife; for she must be deemed to have acquiesced in his having the absolute dominion over the property; and nothing that takes place after his death can affect the balance which existed at his death, so as to give the wife a right to it after she acquiesced in his absolute dominion over the rents received in his lifetime, which constitute that balance; the question being, whether, at the death of the husband, the fund was his. Beresford v. The Archbishop of Armagh, 13 Sim. 643.

Separate Use.]-Where property is bequeathed to trusRestraint of Anticipation of Property bequeathed for tees, in trust to pay the income unto such person or persons, and for such intents and purposes, and in such manner, as a married woman, when and as the same shall become due, but not by way of assignment, charge, or other anticipation thereof, shall, notwithstanding coverture, direct or appoint; and, in default of any such direction or appointment, into her proper hands, for her sole and separate use, independent of the debts, contracts, or interference of her husband; and her receipts, notwithstanding coverture, are to be good and sufficient discharges to the trustees for such income; the limitation in default of appointment does not enable the married woman to anticipate. And the case does not depend on the form of the receipt clause. The feme is only to have a power of disposing of the income "when and as the same shall become due," and "not by way of assignment, charge, or other anticipation." In default of such a disposition as is authorised, the income is to be paid into her own hands. Brown v. Bamford, 10 Jur. 447-L. C.

Her Right to a Fund invested in the joint Names of herself and her Husband.]—See "TRUST," Case 3. See" Power of Appointment."

MISTAKE.

Setting off a Legacy to a Wife against her Husband's Debt.Where the husband of a legatee has agreed with the executors to set off the legacy against a debt of equal amount due from him to the testator, and he and his wife have signed a receipt for the legacy, but have not Substituting a new Charge, without extinguishing the released the executors, and it does not appear that they former one.]-Far v. Sheriffe and Dykes v. Farr, 4 have delivered up the note to him; his wife, if she sur-Hare, 512. A statement of the point will be found vives him, will be entitled to the legacy, in consequence ante, p. 198. of there being no release by, or payment to, the husband. Harrison v. Andrew, 13 Sim. 595. See "Administration," " Annuity," "Mortmain," and "Survivorship."

MAINTENANCE-See "Legacies," Case 2.

MANOR.

Evidence of Reputation as to a Boundary of a Manor.] -Evidence of reputation is admissible as to the boundary of a reputed manor, that is, of a quondam manor, as well as of a subsisting manor; inasmuch as conversations during the existence of the manor might be retained in memory since; and, further, the supposed discourse, which may be proved as reputation, is not confined to tenants, but may proceed from any person residing in the neighbourhood, and engaged in talking upon the subject. Doe d. Molesworth v. Sleeman, 10 Jur. 568-Q.B.

MORTGAGE.

Right of a Mortgagor's Surety to an Assignment of the Mortgage.]-A mortgagor's surety, who has been obliged to pay off the mortgage debt, cannot compel the mortgagee to assign the mortgage to him, unless he pays off a further sum advanced by the mortgagee on the security of the same estate; for the right of the surety to stand in the place of the mortgagee is subject to the right of the mortgagee to make a further loan to the mortgagor. Williams v. Owen, 13 Sim. 597.

Bar to an Equity of Redemption by the Statute of Limitations.]-An assignment of a mortgage, to which the mortgagor is not a party, but which recites that the equity of redemption has not been barred, is not such an acknowledgment of the mortgagor's title as to save the right of redemption from being barred by the Statute of Limitations; for the acknowledgment mentioned by the act is one that is made to "the mortgagor or

some person claiming his estate," not to a person claiming the estate of the mortgagee. Lucas v. Dennison, 13 Sim. 584.

Improper exercise of a Power of Sale.]-Although a mortgagee may have an express power of selling the mortgaged premises, without the consent or concurrence of the mortgagor, his executors or administrators, and without even being under any express obligation to give notice of sale, yet, if he exercises the power in spite of an offer of payment of principal, interest, and costs, within a few days from the time of such offer, and in such a way as not to obtain so large a price as might otherwise be reasonably obtained, the sale will be set aside, with costs, against the mortgagee. Matthie v. Edwards, 10 Jur. 347-V. C. B.

mination of the joint concern, he becomes an owner of
any part of the land, it is only upon a new transaction,
and by acquiring a new title and right as purchaser;
and upon his death nothing descends to his heirs.
Sparling v. Parkes, 10 Jur. 448—M. R.
See Condition."

PARENT AND CHILD,

or person in loco parentis and child.
See "Fraud.”

PARTITION

of Copyholds held in Joint-tenancy.]—An agreement between two devisees in joint tenancy of copyholds and legatees under a will, to divide between them the real Deposit of Title-deeds creating a Mortgage upon the and personal estates of the testator, pointing out the whole Property.]-Where title-deeds are expressed to be parts to be taken by each, and acted on up to the time deposited until payment of a debt, an equitable mort- of the decease of one of them, by an occupation in segage of the land is thereby created, and not a mere lien veralty, will be deemed an agreement for a partition, on the deeds themselves; and, primâ facie, such a de- and decreed to be specifically performed; although the posit creates an equitable mortgage upon the whole of survivor avows, in his answer, that the agreement was the property comprised in them; so that, on those only intended as a suspension of the joint tenancy durwho contend the contrary lies the burden of proof ing the life of the deceased; and although there is a that it does not. Ashton v. Dalton, 10 Jur. 451-stipulation, that, if either party should disannul the agreement, he should pay a certain sum to the other. Bolton v. Ward, 4 Hare, 530.

V. C. B.

Sale, after a Foreclosure, for less than the debt, and claim for the balance.]-Where a mortgagee forecloses an estate, and afterwards sells it for a less sum than the amount of his debt, he will not be allowed to prove for the deficiency under a bond for the debt, and a decree for the administration of the debtor's estate. Lockhart v. Hardy, 10 Jur. 532-M. R.

PARTNERSHIP.

Real Estate let to a firm by two of the members of that firm.]-Although real property, purchased by two partners, and used by them for partnership purposes, is

See "Admission," "Attorney," "Specific Perform-to be considered in equity as personalty, yet, if it is af

ance."

MORTMAIN.

terwards used by a new firm, consisting of the first firm and of a third person, and a rent is paid for it by the new firm to the persons who constituted the first firm, it is to be considered as real estate of the latter. Row

POLICY.

Bequest for the Establishment of a Charitable "Re-ley v. Adams, 7 Beav. 548. ceptacle," with a Limitation over.]—Where a testator gives the residue of his personal property upon trust for the establishment or institution of a charitable receptacle, if the same can be done, for a number of poor Right to surrender a Policy of Insurance effected by people; but if no such institution can be conveniently the grantee of an annuity on the life of the grantor.]established, he requests that the property be disposed Where it is stipulated, that, in case the grantor of an of in charitable donations; such a bequest is void under annuity for his own life shall repurchase it, and shall, the Statute of Mortmain, on the ground that the pri- at the time of making such repurchase, by notice in mary and direct object is the acquisition of a dwelling-writing to the grantee, elect to take any policy which place for the charitable purpose, and it is only in case no such institution can be conveniently established, and not in case it cannot be lawfully established, that the bequest over is to take effect. Attorney-General v. Hodgson, 10 Jur. 300-V. C. E.

Charity Legacies payable out of the proceeds of shares in a company.]-Where, by an act of Parliament or a deed, by which a gas light or dock company is constituted, it is provided that the shares in the land and other property and profits of the company shall be deemed personal estate, and transmissible as such, and not of the nature of real estate; and that upon a dissolution of the company, its property shall be sold, and the proceeds divided amongst the shareholders; and a shareholder, whose personal estate, exclusive of the shares, is insufficient to pay his legacies in full, gives legacies to charities, the shares do not come within the operation of the Statute of Mortmain, 9 Geo. 2, c. 36; and, consequently, the charity legacies ought not to abate, so far as they are payable out of the proceeds of the shares. For, a shareholder in such a company, whilst he continues to hold his shares, has no distinct or separate right to the land or any part of it: he is, indeed, interested in the employment of the land; but he cannot proceed against the land directly for anything which is due to him, or make any part of the land his own, in part satisfaction of any demand or claim he may have as a shareholder. And if, upon a dissolution or deter

may be effected on the life of the grantor by the grantee, at the grantee's expense, and which may be then vested in the grantee, the grantee shall assign the same, but that it shall not be incumbent on the grantor to effect, or renew, or keep on foot any such policy; the grantee has no right to surrender the policy, and appropriate the value thereof, after notice given by the grantor of his intention to repurchase, and thereby make it impossible to carry the agreement into effect. Hawkins v. Woodgate, 7 Beav. 565.

POWER OF APPOINTMENT.

Construction of the words "during the coverture, and notwithstanding the same."]-Where a pre-nuptial settlement gives the intended wife a power of appointment "at any time or times thereafter during the coverture, and notwithstanding the same," such power cannot be exercised by her when a widow, or during any other coverture than that in contemplation of which such settlement was made. Morris v. Howes, 4 Hare, 599.

Whether executed.]-Where a testatrix, having s power of appointment in favor of her children, gives and bequeaths, and, by virtue of every power enabling her in that behalf, appoints all the property of or to which she is, or at the time of her death shall be, possessed or entitled, or have power to dispose, to trustees, upon trust, after payment of all her debts, funeral and

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