REMINDERS FOR CONVEYANCERS. 
 
 HERBERT M. BROUGHTOU. 
 
 'Price 3s. 6d. 
 
 1892 
 
 ^^BKaM!Sw&] 
 

 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY
 
 Reminders for Conveyancers, 
 
 WITH 
 
 REFERENCES 
 
 TO 
 
 SOME OF THE BEST PRECEDENTS. 
 
 HEEBEET M. BEOUGHTON, 
 
 OF THE INNEB TEMPLE, 
 
 BARBISTBB-AT-LAW. 
 
 LONDON: 
 
 HORACE COX, 
 WINDSOR HOUSE, BREAM'S BUILDINGS, B.C. 
 
 1892.
 
 LONDON : 
 
 PRINTED BT HORACE COX, WINDSOR HOUSED 
 BREAM'S BUILDINGS, E.G.
 
 TO 
 
 SPENCER PERCEVAL BUTLER, ESQUIRE, 
 
 AND 
 
 MATTHEW INGLE JOYCE, ESQUIRE, 
 
 BOTH OP LINCOLN'S INN. 
 
 THIS 
 
 LITTLE BOOK IS (BY PERMISSION) 
 
 BESPECTFDLLY AND GRATEFULLY 
 
 DEDICATED 
 
 BY 
 
 THEIR OLD PUPIL.
 
 PEEFACE. 
 
 THIS Series has already appeared in the Law Timeg, and 
 it is thought that it may be useful to the practi 
 tioner to have it in one handy volume. Additions and 
 corrections hare been made, and the busy conveyancer can 
 run his eye over the appropriate reminders before sending 
 oat his draft, and ascertain if he has remembered to provide 
 for, at any rate, most of the important points. 
 
 The books referred to in the brackets will frequently 
 throw further light on the point noted, and the suggested 
 precedents of the great masters of conveyancing, whose 
 names appear in these pages, may frequently be of some 
 service to the draftsman. 
 
 I gladly acknowledge my indebtedness to those books, 
 and also to "Comyn's Abstracts of Title," by A. J. Parker, 
 for suggesting rnamy of these Reminders. 
 
 HEBBEET M. BEOUGHTON, 
 
 4, Stone Buildings, 
 Nov. 1892. Lincoln'a Inn, W.C.
 
 CONTENTS. 
 
 MM 
 
 ABBREVIATIONS 9 
 
 ADVISING ON TITLE 11 
 
 CONDITIONS OF SALE 18 
 
 CONVEYANCES 22 
 
 DISENTAILING DEEDS 24 
 
 LEASES 26 
 
 MORTGAGES 31 
 
 PARTNERSHIP ARTICLES 37 
 
 RELEASES 42 
 
 MARRIAGE SETTLEMENTS PERSONALTY 43 
 
 REALTY 49 
 
 VOLUNTARY 53 
 
 WILLS . 54
 
 ABBEEVIATIONS. 
 
 Alpe Alpe's Law of Stamp Duties (2nd Ed.) 
 
 B. & J Bythewood and Jarman's Precedents in Con- 
 
 veyancing (4th Ed.) 
 
 C. A Conveyancing Act, 1881. 
 
 C. A. 1882 ... Conveyancing Act, 1882. 
 
 Dart Dart's Vendors and Purchasers (6th Ed.) 
 
 Dav Davidson's Precedents (3rd Ed.) 
 
 E Elphinstone's Introduction to Conveyancing. 
 
 E. & C Elphinstone and Clarke on Searches. 
 
 Emd Emden's Building Leases and Agreements 
 
 (2nd Ed.) 
 
 Far Farwell on Powers. 
 
 G Gibson's and McLean's Student's Conveyanc- 
 ing (3rd Ed.) 
 
 Gov Gover's Advising on Title (2nd Ed.) 
 
 H. & C Hood and Challis's Conveyancing Acts (3rd Ed.) 
 
 H. & J Hayes and Jarman's Concise Forms of Wills 
 
 (8th Ed.) 
 
 Jar Jarman on Wills (4th Ed.) 
 
 K. & E Key and Elphinstone's Precedents (3rd Ed.) 
 
 L. J Law Journal Reports. 
 
 L. T Law Times Newspaper. 
 
 L. T. Rep. . . . Law Times Reports. 
 
 Lew Lewin on Trusts (9th Ed.) 
 
 P. A Partnership Act, 1890.
 
 10 Abbreviations. 
 
 P. P Pollock on Partnership (5th Ed.) 
 
 S. L. A Settled Land Act. 
 
 Sw Sweet's Concise Precedents in Conveyancing 
 
 (4th Ed.) 
 
 Th Theobald on Wills (3rd Ed.) 
 
 V Vaisey on Settlements. 
 
 V. P Vaisey's Precedents. 
 
 V. & P. Act. Vendor and Purchaser Act, 1874. 
 
 W Wolstenholme's Forms and Precedents (5th Ed.) 
 
 W. & B Wolstenholme and Brinton's Conveyancing 
 
 Acts (6th Ed.) 
 
 W.& T White and Tndor's Leading Cases (6th Ed.) 
 
 W. B Weekly Eeporter. 
 
 Web Webster on Conditions of Sale. 
 
 Wil. Ex Williams on Executors (8th Ed.) 
 
 Wil. Pers. ... Williams's Personal Property (13th Ed.) 
 
 Wil. Eeal ... Williams's Eeal Property (15th Ed.) 
 
 Wood Woodfall on Landlord and Tenant (13th Ed.)
 
 REMINDERS 
 
 CONVEYANCERS. 
 
 ADVISING ON TITLE. 
 
 For Suggested Requisitions see " Comyn's Abstracts of Title," 
 by A. J. Parker. 
 
 1. Acknowledgments by married wmen (C. A. 1882, s. 7 ; 
 W. & B. 146). 
 
 2. Disentailing deed enrolled within six months (3 & 4 Will. 
 4, c. 74, s. 41). 
 
 (a.) Consent of protector given on or before date of dis- 
 entailing deed. 
 
 3. Due execution of all deeds, &c., and awards. 
 
 4. Eeceipts for consideration money indorsed before Con- 
 veyancing Act. 
 
 5. Joint tenancy of trustees and mortgagees before Con- 
 veyancing Act. 
 
 6. Powers exercisable by survivors, &c., of trustees before 
 Conveyancing Act.
 
 12 Reminders for Conveyancers. 
 
 7. Proper words of limitation for passing fee simple or fee 
 tail. 
 
 8. Perpetuities (Wil. Real, 323, 368). 
 (a.) Accumulations Act, 1892. 
 
 9. Aliens before Naturalisation Act, 1870 (Wil. Eeal, 87, 198)., 
 
 10. Debts charged on property paid off ? 
 
 11. Contingent remainders destroyed (Wil. Real, 328). 
 
 12. Rule in Wild's case (Th. 309). A devise to A. and his- 
 children, where none at time of devise, gives A. estate tail. 
 
 (a.) This does ot apply to personalty (Th. 311). 
 
 13. Rule in Shelley's case (Gov. 33). 
 
 (a.) Rule in Archer's case applies if heir a designated 
 person (Evans v. Evans, 67 L. T. Rep. 152 ; (1892),, 
 2 Ch. 173 ; 61 L. J. Ch. 456 ; 40 W. R. 465). 
 
 14. Annuitants dead (Gov. 93). 
 
 15. Portions paid off ? 
 
 16. Easements. 
 
 17. Roads taken over by parish authorities ? 
 
 18. Boundary and party walls belong to whom ? 
 
 19. Succession duty on deaths since the 19th May, 1853. 
 (a.) None between husband and wife in property settled by 
 
 the other. 
 
 20. Dower (before and since 3 & 4 Will. 4, c. 105). 
 
 21. As to heirship of small estates remember 53 & 54 Viet. 
 c.29. 
 
 (a.) This does not apply where issue left. 
 
 (6.) Nor to a partial intestacy (re Twigg's Estate, 66 L. T. 
 
 Rep. 604 ; (1892) 1 Ch. 579 ; 61 L. J. Ch. 444 ; 40' 
 
 W. R. 297). 
 
 22. Husband's estate by curtesy (Wil. Real, 274). 
 
 23. Land tax and tithes (Ebsworth and Tidy's Contract, 60' 
 L. T. Rep. 841 ; 42 Ch. Div. 23 ; 58 L. J. Ch. 665 ; 37 W. E. 
 657). 
 
 24. Minerals of enfranchised copyholds (H. & C. 8).
 
 Advising on Title. 13 
 
 25. Copyholds, 
 (o.) . Customs. 
 
 (6.) Surrenders and admittances agreeing (Gov. 26). 
 
 (c.) Entries on court-rolls. 
 
 (d.) Freebench (Wil. Real, 450). 
 
 26. Leaseholds. 
 
 (a.) Receipts for rent, taxes, and outgoings. 
 
 (6.) Licence of landlord necessary ? 
 
 (c.) Subleases and tenancies existent. 
 
 (d.) Is this an original lease ? If rent payable to lessor, his 
 
 executors, &c., it is not. 
 (e.) Outstanding day. 
 (/.) Restrictive covenants. . 
 
 37. Wills. 
 
 (a.) Probate or office copy. 
 
 (6.) If made before the 1st Jan. 1838, was testator seised 
 
 of freehold at date of will ? 
 (c.) Was devisee or legatee a witness or husband or wife of 
 
 one ? (Wills Act, 1837, s. 15). 
 (d.) Legal estate in trustees or cestuis que use? 
 (e.) Sufficient probate duty to cover leaseholds. 
 (/.) No presumption of survivorship where persons killed 
 
 in same accident. 
 
 (g.) Revoked by marriage ? (s. 18.) 
 (7i.) Had Court jurisdiction to grant probate of chattel 
 
 interest ? (Dart, 364.) 
 
 28. Executors. 
 
 (a.) Did one renounce before 20 & 21 Viet. c. 77, s. 79 ? 
 
 (Lew., 235). 
 (6.) As to extracts from Probate Act book see 14 & 15 Viet. 
 
 c. 99, s. 14 ; Dart, 363. 
 
 29. Intestacy to be proved by letters of administration of 
 effects of intestate. 
 
 30. Forfeiture by alienation, bankruptcy, &c., or marriage 
 without a settlement (Craven v. Brady, 4 Ch. App. 296 ; 38 
 L. J. Ch. 345 ; 17 W. R. 505).
 
 14 Reminders for Conveyancers. 
 
 31. Trustees selling. 
 
 (a.) Has power arisen ? 
 (6.) Has power expired ? (Lew., 682). 
 (c.) Eight parties to convey (22 & 23 Viet. c. 23). 
 (d.) Have they legal estate, or are they mere conduit- 
 pipes ? 
 
 (e.) Provisions of Settled Land Acts. 
 
 (/.) All must convey (Ebsworth and Tidy's Contract, supra), 
 (g.) Sale to themselves or agents ? (Lew., 534). 
 
 32. Sale of settled land (W. & B., p. 226 et seq.) 
 
 (a.) Is capital to be paid to trustees or into court ? (S. L. A. 
 
 1882, s. 22). 
 
 (b.) Two trustees (sect. 39). 
 (c.) Are they trustees for the purposes of the S. L. A. K 
 
 (W. & B. 241). 
 (d.) As to notice to trustees, S. L. A. 1882, s. 45 ; 1884, 
 
 s. 5 ; 1890, s. 7 (W. & B. 325-6.1 
 
 (e.) Does property come within sect. 10 of S. L. A. 1890 '<? 
 (/.) Consent of tenant for life necessary ? (S. L. A. 1882,. 
 
 s. 56 ; S. L. A. 1884, s. 6 (2).) 
 (g.) Eights of trustees for sale and tenants for life (S. L. A. 
 
 1884, ss. 6 & 7). 
 (h.) Succession duty not payable on sale under S. L. A. 
 
 (35 Solicitors' Journal, 359). 
 
 33. Have any parochial notices been served on owners, 
 occupiers, or property P 
 
 34. Any charges under local or personal Acts ? 
 
 35. Voluntary settlements. 
 
 (a.) Liable to be avoided by settlor (27 Eliz. c 4) 
 
 (b.) This does not apply to leaseholds (Price v. Jenkins, 37 
 
 L. T. Eep. 51 ; 5 Ch. Div. 619 ; 46 L. J. Ch. 805). 
 (c.) Liable to be set aside in bankruptcy within ten years 
 
 (B. Act, 1883, s. 47 ; Re Briggs and Spicer, 64 L. T. 
 
 Eep. 187 ; (1891) 2 Ch. 127 ; 60 L. J. Ch. 514 ; 3.9 1 
 
 W. E. 377.) 
 
 36. Insurance of property.
 
 Advising on Title. 15 
 
 37. Mortgage to a building society discharged (25 Law 
 Journal, 402). 
 
 38. Appointment made before the 30th July, 1874, was it 
 exclusive ? (Wil. Pers., 353). 
 
 39. Have originals of all abstracted deeds been produced ? 
 
 40. What deeds to be given up on completion ? 
 
 41. What deeds to be covenanted to be produced ? 
 
 42. Have all deeds of which purchaser has notice been 
 produced ? 
 
 43. Any indemnity required (e.g., for a corn rent that cannot 
 be apportioned) ? 
 
 44. Rent charges released before or after 22 & 23 Viet, 
 c. 35, s. 10 (Booth v. Smith, 51 L. T. Eep. 742 ; 14 Q. B. Div. 
 318 ; 54 L. J. Q. B. 119 ; 33 W. E. 142). 
 
 45. Root of title (V. and P. Act ; Marsh v. Oranville, 48 
 L. T. Rep. 947 ; 24 Ch. Div. 11 ; 53 L. J. Ch. 81 ; 31 W. R. 845). 
 
 46. Any outstanding interest to be got in ? 
 
 47. Satisfied Terms Act, 1845, seems not to apply to leases out 
 of copyholds, leaseholds, or customary freeholds. (Dart, 330). 
 
 48. V. and P. Act does not apply to mortgages. 
 
 49. Proper valuation for trustees lending (Trustee Act, 1888, 
 
 8.4.) 
 
 50. Mortmain. 
 
 51. Stamps (Gov. 1251-50). 
 
 (a.) Transfer stamp on amount transferred, not on con- 
 sideration (Stamp Act, 1891, Mortgage). -?? 3r 
 
 *t-i> ' 
 (b.) This includes accrued interest, but not accruing (Alpe, 
 
 159). 
 (c.) Reconveyance stamp, under Act of 1891, on amount at 
 
 any time secured. 
 (d.) Is more than one distinct matter included in one deed ? 
 
 (Alpe, 10). 
 (e.) No condition as to insufficiency of stamp of deeds 
 
 executed since the 16th May, 1888, will protect 
 
 vendor (Alpe, 200 ; Stamp Act, 1891, s. 117).
 
 16 Reminders for Conveyancers. 
 
 52. Sale by cestui que trust. 
 
 (a.) Inquire from all trustees, as to notice of incumbrances, 
 &c. Insist on definite answer (Low v. Bouverie, 65 
 L. T. Eep. 533; (1891) 3 Ch. 82 ; 60 L. J. Ch. 594 : 
 40 W. E. 50). 
 
 (6.) Give notice of sale or incumbrance to all trustees (Re 
 Wyatt, 65 L. T. Eep. 841 ; (1892) 1 Ch. 188 ; 61 
 L. J. Ch. 178; 40 W. E. 177). 
 
 53. Powers of attorney, 
 (a.) Principal still alive ? 
 
 (6.) Unless irrevocable under C. A. 1882, ss. 8 and 9 (Gov. 
 18, 93). 
 
 54. Births proved. 
 
 55. Deaths or burials proved. 
 
 56. Marriages proved. When did they take place ? 
 
 57. Identity of persons referred to in certificates. 
 
 58. Identity of property to .be sold with that to which the 
 abstract refers. 
 
 59. In statutory declarations declarants should show their 
 means of knowing what they state. 
 
 60. Company. 
 
 (a.) Certificate of incorporation and articles of association 
 
 should be examined. 
 
 (b.) Seal affixed with proper formalities ? 
 (c.) Conveyance ultra vires ? 
 
 61. Eestrictive covenants still affecting freehold ? 
 
 62. All incumbrances removed ? 
 
 63. Any arrears of water rate ? (East London Company v. 
 Kellerman; 67 L. T. Eep. 319, (1892) 2 Q. B. 72.) 
 
 64. Deeds properly registered or enrolled ? 
 
 65. Search in land registry ? 
 
 66. Search in local registry (E. & C. 148). 
 
 (a.) As to what do not require registration, see Dart, 769.
 
 Advising on Title. 17 
 
 (b.) Deed of eni'ranchisement of copyholds , should be 
 registered (Reg. v. Lord Truro, 59 L. T. Eep. 242 ; 
 21 Q. B. Div. 555 ; 57 L. J. Q. B. 577 ; 36 W. E. 
 775). 
 
 67. Usual searches in names of persons entitled since last 
 purchase (E. & C., 148-9). 
 
 (b.) As to searches against trustees and mortgages (Ib.). 
 (c.) Is search in bankruptcy necessary ? 
 
 68. Certificates of official search should appear on abstract 
 (Ib.). 
 
 69. Advice as to what inquiries should be made, notices 
 given, and documents registered, enrolled, and acknowledged.
 
 18 Reminders for Conveyancers. 
 
 CONDITIONS OF SALE. 
 
 1. Do not hamper sale by unnecessary restrictions. 
 
 (a.) Especially in case of trustees : (Lew., 482 ; but see 
 Trustee Act, 1888, s. 3.) 
 
 2. If root of title irregular, this should appear : (Dart, 337.) 
 
 3. Forty years' title to land to be shown, unless shorter title 
 stipulated for : (V. & P. Act, s. 1.) 
 
 (o.) This includes easements, &c. : (Jones v. Watts, 62 
 L. T. Ep. 471 ; 43 Ch. Div. 574 ; 38 W. E. 725.) 
 
 4. A hundred years' title to an advowson : (Dart, 334.) 
 
 5. If voluntary settlement root of title, say so : (Marsh, v. 
 Granville, 48 L. T. Eep. 947 ; 24 Ch. Div. 11 ; 53 L. J. Ch. 81 : 
 31 W. E. 845.) 
 
 6. Advisable always to state date of commencement of title : 
 (W. 1 ; 1 K. & E. 269.) 
 
 7. Should purchaser at his own expense have earlier title 
 shown ? (Sw. 323.) 
 
 8. Should there be a condition against all requisitions on 
 earlier title ? (1 K. & E. 246 ; Cox and Neve's Contract, 64 L. T. 
 Eep. 733 ; (1891) 2 Ch. 109 ; 39 W. E. 412.) 
 
 9. If grant of tithes from Crown lost, stipulate that it shall 
 not be produced : (Dart, 336.) 
 
 10. Eecitals of facts in deeds twenty years old need not 
 be proved : (1 K. & E. 247.) 
 
 11. Objections that might be raised aliunde should be 
 guarded against: (Dart, 169.) 
 
 12. Lessor's title cannot be called for : (Dart, 191.)
 
 Conditions of Sale. 19 
 
 13. Provisions of V. & P. Act do not apply to leases for 
 lives : (1 K. & E. 247.) 
 
 14. Avoid describing an underlease as a lease : (1 K. & . 
 262 ; W. 32.) 
 
 15. Enfranchised copyholds. 
 
 (a.) Provide that purchaser should take subject to any 
 provisions and restrictions in enfranchisement deed : 
 (H. & C. 8.) 
 
 b.) Insert a condition against objection to lord's title 
 on any ground : (Ib.) 
 
 (c.) State that they are enfranchised copyholds : (Ib.) 
 
 (d.) How about the minerals ? (Ib.) 
 
 16. The statutory prohibition does not apply to original 
 copyhold title, but only to title of the lord : (C. A., s. 3 (2).) 
 
 17. Pure personalty ; V. & P. Act does not apply to : (1 K. & 
 E. 249.) 
 
 18. See that intended vendors have power to sell : (Bryant 
 and Barningham's Contract, 63 L. T. Eep. 20 ; 44 Ch. Div. 
 218 ; 59 L. J. Ch. 636 ; 38 W. E. 469.) 
 
 19. Is vendor going to bid P (1 K. & E. 251 ; W. 12 j 30 
 A 31 Viet. c. 48.) 
 
 20. Is there a reserved price ? (Ib.) 
 
 21. Mention easements and other rights to be reserved to 
 vendor : (Web. 15.) 
 
 22. Mention incumbrances which are not to be got rid of : 
 (Dart, 177.) 
 
 23. Mention restrictive covenants : (Dart, 156 ; comp. Fawcett 
 v. Holmes, 61 L. T. Eep. 105 ; 42 Ch. Div. 150 ; 58 L. J. Ch. 763.) 
 
 24. Do not state that expected consent has been obtained : 
 (Re X., 54 L. T. Eep. 634.) 
 
 25. Describe property accurately : (Web. 9.) 
 
 26. Fixtures to be included ? (Web. 183.) 
 
 27. Timber to be taken at a valuation ? (Web. 182.) 
 
 28. Provide that, in event of valuation not being made in 
 specified way, things to be taken at their fair value : (Dart, 259.) 
 
 B 2
 
 20 Reminders for Conveyancers. 
 
 29. Condition against dower (and freebench) where man 
 married before Jan. 1, 1834, and on an intestacy : (W. 29.) 
 
 30. Evidence of seisin to be provided against, where will 
 before 1838 (W. 2.) 
 
 31. No time to be prescribed for delivery of abstract : (W. 13.) 
 
 32. It should be delivered within a reasonable time : (Compton 
 v. Bagley, 65 L. T. Rep. 706 ; (1892), 1 Ch. 313 ; 61 L. J. Ch. 113.) 
 
 33. Time within which requisitions should be sent in should 
 be mentioned: (Dart, 178.) 
 
 34. Time within which requisitions in answer to replies 
 should be sent in should be mentioned : (Dart, 179.) 
 
 35. Vendor to be able to rescind if unwilling to remove 
 objections : (Dart, 178.) 
 
 36. Purchaser should have time given within which to with- 
 draw : (1 K. & E. 259.) 
 
 37. Provide against difficulties in identifying property : (Dart, 
 174.) 
 
 38. Provide against difficulties in distinguishing tenures : 
 (Dart, 175.) 
 
 39. Provide against difficulties in distinguishing titles : (Dart, 
 169.) 
 
 40. Purchaser to pay interest if delay in completion. 
 
 41. Unless caused by wilful default of vendor: (Dart, 719 ; 
 1 K. & E. 252.) 
 
 42. Should time be of the essence of the contract ? 
 
 43. Avoid ambiguities of expression : (Web. 4.) 
 
 44. Provide for outgoings and repairs till completion. 
 
 45. "Possession" a more flexible word than "personal 
 occupation " : (Dart, 145 ; Lake v. Dean, 28 Beav. 607.) 
 
 46. Give purchaser benefit of insurance : (1 K. & E. 288.) 
 
 47. Should trustees who have invested trust money in land 
 show shortly clause authorising such investment ? (1 K. & E. 275.) 
 
 48. On sale by trustees should requisition as to beneficiaries 
 joining be excluded ? (1 K. & E. 257.) 
 
 49. Dp powers of trustees apply to executors ? (1 K. & E. 249.)
 
 Conditions of Sale. 21 
 
 50. Conditions against requisitions on stamps are : 
 
 (a.) Good as to instruments executed before May 17, 1888 ; 
 (6.) Bad as to instruments executed after May 16, 1888 : 
 (Stamp Act, 1891, s. 117.) 
 
 51. Is a condition against non-registration of deeds wanted ? 
 (1 K. & E. 256.) 
 
 52. Compensation for misdescription should be provided for, 
 or against : (W. 39 ; 1 K. & E. 259.) 
 
 53. Is it to be allowed after completion of purchase P (W. 
 38 ; 1 K. & E. 259.) 
 
 54. State any restrictive provisions as to building on, or 
 user of property : (1 K. & E. 305-310.) 
 
 55. Any reference to retention of deeds necessary ? (V. 
 A P. Act, s. 2 (5).) 
 
 56. If statutory declarations offered, be careful to see that 
 they can be obtained : (W. 35.) 
 
 57. When vendor not beneficial owner, state : 
 
 (1) That he will only enter into limited covenant : (W. 36.) 
 
 (2) That he will not give undertaking for safe custody : 
 
 (W. 39.) 
 
 58. Provide as to return of deposit, if sale goes off through 
 vendor's fault : (W. 17.) 
 
 59. Provide for forfeiture of deposit and for costs of resale, if 
 it goes off through purchaser's fault : (W. 18.) 
 
 60. Give sufficient description of vendor to satisfy Statute of 
 Frauds. 
 
 (a.) Sufficient : " Owner," " mortgagee," " proprietor," or 
 the like : (Jarrett v. Hunter, 55 L. T. Rep. 727 ; 34 
 Ch. Div. 182 ; 56 L. J. Ch. 141 ; 35 W. R. 132.) 
 
 (6.) Insufficient : " Vendor," " client," or " friend " of named 
 agent (Ib.) ; "landlord" (Coombs v. Wilkes, 65 L.T. 
 Rep. 56; (1891) 3 Ch. 77; 61 L. J. Ch. 42; 40 
 W. R. 77.) 
 
 61. Imagine that you had to advise on the title, and see 
 that all the requisitions that you might raise are properly 
 answered, or avoided by the conditions.
 
 22 Reminders for Conveyancers. 
 
 CONVEYANCES. 
 
 1. Recite absolute title of vendor, so as to be evidence iit 
 twenty years. 
 
 2. Proper receipt. 
 
 3. Statute of Uses. 
 
 4. Proper words of limitation (" heirs " or " in fee simple "). 
 
 5. Ts vendor proper person to convey ? 
 
 6. Vendor to convey as " beneficial owner," or as " mort- 
 gagee," " trustee," &c. ? 
 
 7. Does new description of parcels require to be connected 
 with old ? (1 K. & E. 405.) 
 
 8. All incumbrances to which conveyance is subject must be 
 mentioned. 
 
 9. In conveyance by mortgagee make it free from mortgage. 
 
 10. Declaration to bar dower not to be inserted with- 
 out express directions : (5 B. & J. 381.) 
 
 11. Acknowledge purchaser's right of production of deeds 
 (C. A., s. 9) : 
 
 (a.) Only retained deeds. 
 
 (6.) Must include delivery of copies : (IK. & E. 442.) 
 
 12. Otherwise covenant still necessary : (1 K. & E: 442.) 
 
 13. Should vendor give undertaking for safe custody ? 
 
 14. Can notice of acknowledgment be indorsed on deeds to be 
 produced ? (Dart, 766.) 
 
 15. Reservation of easement or quasi easement to vendor 
 should be expressly mentioned : 
 
 (a.) Is he to be able to block purchaser's lights ?
 
 Conveyances. 23 
 
 16. Are all apparent easements, ways of necessity, &c., 
 included in conveyance P 
 
 (a.) And the benefit of restrictive covenants ? (IK. 
 &E.409.) 
 
 17. Purchaser to indemnify vendor against restrictive cove- 
 nants, &c. ? 
 
 18. Purchaser of lease to covenant to pay rent and to indem- 
 nify vendor against it and covenants in lease : (W. 47.) 
 
 19. Purchaser to covenant for his assigns when burden of 
 covenant to run with land: (1 K. & E. 448 (d.) ; W. & 
 B. 115.) 
 
 20. Grantee should execute deed, if a reservation to vendor : 
 (1 K. &E. 411.) 
 
 21. If executed under a power of attorney, the principal is 
 named as a party, not the attorney : (Dart, 589.) 
 
 22. If land is conveyed free from a rentcharge which it is 
 intended to preserve over other lands, see that a proportionate 
 part is not destroyed : (Booth v. Smith, 51 L. T. Hep. 742 ; 
 14 Q. B. Div. 318 ; 54 L. J. Q. B. 119 ; 33 W. E. 142).
 
 24 Reminders for Conveyancers. 
 
 
 DISENTAILING DEEDS. 
 
 The Sections refer to the Fines and Recoveries Act, 1833. 
 
 1. Consent of protector to be given by the same or previous 
 deed: (sect. 42.) 
 
 2. If by separate deed, consent must be enrolled with or 
 before disentailing deed : (sect. 46.) 
 
 3. If any possible estate tail in tenant for. life under some 
 old settlement, bar it too. 
 
 4. Give a very general description of property (W. 329 ; 
 V. 1616.) 
 
 5. Tithes rents and advowsons are not situate, but arise in 
 a parish : (1 K. & E. 665.) 
 
 6. Are father and son to have joint power of appointment F 
 
 7. Where resettlement contemplated in lifetime of tenant 
 for life : 
 
 (a.) Make tenant for life convey his estate, so that whole 
 
 fee can be settled : (1 K. & E. 667.) 
 (6.) By disentailing deed disentail and convey to such uses 
 
 as father and son jointly appoint : (3 Dav. 1294.) 
 (c.) Resettle by another unenrolled deed : (3 Dav. 1294.) 
 (d.) Tenant for life's estate should be conferred on him 
 
 " in restoration and confirmation " of his old life 
 
 estate with the powers annexed : (1 K. & E. 668.) 
 (e.) In disentailing deed appoint trustees for purposes of 
 
 Settled Land Acts : (1 K. & E. 670.) 
 
 8. Copyholds : 
 
 (a.) Legal estate barred by surrender -. (W. 326.)
 
 Disentailing Deeds. 25 
 
 (6.) Equitable estate barred by deed or surrender : (sect. 
 
 53 ; W. 326.) 
 (c.) Surrender or deed to be entered on rolls within six 
 
 months : (W. 326 ; V. 1625.) 
 9. Customary freeholds barred like freeholds : (W. 325.) 
 
 10. Express election of tenant in tail to take fund notionally 
 converted in its actual state : (V. 1630 ; W. 326.) 
 
 11. Remember to disentail money as well as land. 
 
 12. For a deed disentailing money owed for purchase of 
 land, see V. P. 97. 
 
 13. For a disentailing deed by tenants in common including 
 possibly accruing shares, see 1 K. & E. 672. 
 
 14. Grantee to uses should execute deed : (3 Dav. 1287 ; V- 
 1617.) 
 
 15. Deed to be enrolled within six calendar months after 
 execution : (sect. 41.) 
 
 16. If land in register county, it must also be registered : (V. 
 1618.) 
 
 17. Should married woman still be separately examined ? 
 <V. & P. 103 (6).)
 
 26 Reminders for Conveyancers. 
 
 LEASES. 
 
 1. Has lessor power to lease ? (G. 290.) 
 
 2. Copyholders cannot without licence, unless custom of 
 manor permits : (G. 293.) 
 
 3. Corporation's lease under seal : (G. 294.) 
 
 4. If lease tinder a power, are conditions observed ? 
 (G. 296.) 
 
 5. One executor or administrator can lease : (G. 295.) 
 
 6. Leases under Settled Land Acts : 
 (a.) Is the lease within the Acts ? 
 
 (6.) Are proper notices given or waived ? 
 (c.) No notice required for twenty-one years' lease at best 
 rent, &c. : (S. L. Act, 1890, s. 7.) 
 
 7. Leases for three years or less may be by writing or word 
 of mouth, where rent is at least two-thirds of annual value : 
 (Wood. 127.) 
 
 8. Other leases must be by deed : (Wood. 127.) 
 
 9. Intending lessee or under-lessee cannot call for freehold 
 title : (V. & P. Act, s. 2 ; W. & B. 49.) 
 
 10. Intending under-lessee from under-lessee cannot call for 
 title to leasehold reversion : (C. A. ss. 3 and 13 ; W. & B. 49.) 
 
 (a.) Unless shown defective aliunde : (Jones v. Watts, 62 
 L. T. Rep. 471 ; 43Ch.Div. 574; 38 W. R. 725.) 
 
 11. Under-lessee must have had chance of seeing original 
 lease before bound by all its provisions : (Reeve v. Berridge, 58 
 L. T. Rep. 836 ; 20 Q. B. Div. 523 ; 57 L. J. Q. B. 265 ; 36 
 W. R. 517.) 
 
 12. When intended that agreement should not operate as 
 lease, say so : (Sw. 436.)
 
 Leases. 27 
 
 13. " Demise " implies covenant for quiet enjoyment : 
 (Wood. 172; E. 242.) 
 
 14. Lessor cannot lease as " beneficial owner," &c., so as to 
 imply covenants: (1 K. & E. 741.) 
 
 15. Show commencement and duration of lease: (G. 303.) 
 
 16. Agreement for lease must give date of commencement, 
 of lease as well as parties : (Marshall v. Berridge, 45 L. T. Hep. 
 599 ; 19 Ch. Div.233; 51 L. J. Ch. 329 ; 30 W. E. 93.) 
 
 17. In agreement for lease provide for costs of lease : (1 K. & 
 E. 750.) 
 
 18. In building agreement : 
 
 (1.) State that separate leases will be granted of each 
 house : (E. 211.) 
 
 (2.) Provide for lessee's executing counterpart : (Ib.) 
 
 19. In agreement give full form of lease in schedule : (1 K. & 
 E. 774.) 
 
 20. " Lessor " and " lessee " to include persons claiming under 
 them. 
 
 21. Any exception or reservation from or out of land demised r" 
 (Wood. 177.) 
 
 22. Usual reservations : (E. 224.) 
 
 23. Ground Game Act, 1880, cannot be defeated by agreement : 
 (Wood. 728.) 
 
 24. Implied warranty in letting furnished house : (1 K. & E. 
 763.) 
 
 25. Agreements in agricultural leases inconsistent with 
 Agricultural Holdings Act, 1883, void : (sect. 55.) 
 
 26. Benefit of lessee's covenants relating to land leased run 
 with reversion : (C. A. s. 10 ; W. & B. 46.) 
 
 27. Burden of lessor's covenants relating to land leased run 
 with reversion : (C. A. s. 11 ; W. & B. 47.) 
 
 28. Covenants relating to lands leased have effect as if heirs 
 (executors, administrators) or assigns of covenantee were 
 mentioned: (C. A. 58 ; W. &. B. 115.)
 
 28 Reminders for Conveyancers. 
 
 29. When burden to run with land, covenant for assigns as 
 well as self : (W. & B. 115 ; 1 K. & E. 715.) 
 
 30. Are lessor's covenants to be dependent on the lessee's, 
 and conversely ? (Sw. 445.) 
 
 31. In a lease to more than one, are they to be jointly and 
 severally bound ? (1 K. & E. 723.) 
 
 32. Eeserve rent, without mentioning person to whom 
 reserved : (G. 305.) 
 
 33. Is penal rent to be reserved in event of breach of 
 covenant ? (E. 225.) 
 
 34. Is rent to be paid though house burnt down ? (G. 320 ; 
 1 K. & E. 745.) 
 
 35. Is lessee to pay all possible rates and taxes ? (1 K. & E. 
 724.) 
 
 36. Provide for constructive as well as direct notices : (Hogg 
 v. Brooks, 15 Q. B. Div. 256.) 
 
 37. Is notice to quit to be dispensed with ? (Wood. 339.) 
 
 38. What length of notice required ? (Wood. 334.) 
 
 39. If months, say " calendar months." 
 
 40. Give express power of distress (E. 229 ; 1 K. & E. 745) : 
 (a.) Where furniture let at separate rent. 
 
 (b.) Where mortgagor and mortgagee both lease. 
 
 41. Have neighbouring lessees or owners acquired rights 
 of light P (Mitchell v. Cantrill, 58 L. T. Eep. 29 ; 37 Ch. Div. 
 56 ; 57 L. J. Ch. 72 ; 36 W. E. 229.) 
 
 42. Are premises subject to any easement ? 
 
 43. Any right of way over neighbouring land to be given ? 
 (1 K. & E. 717.) 
 
 44. May lessee commit waste ? (E. 222.) 
 
 45. May lessee alter premises ? (1 K. &. E. 733.) 
 
 46. May lessor or lessee, or both, determine tenancy before 
 end of term P (1 K. & E. 747.) 
 
 47. Is lessee to have option to purchase freehold? (1 K. & E. 
 748.)
 
 Leases. 29 
 
 48. Extend power of re-entry : 
 
 (a.) To bankruptcy : (Emd. 197 ; 1 K. & E. 743 ; 25 L. J. 
 
 Newspaper, 682.) 
 (6.) To breach of negative covenants : (1 K. & E. 743.) 
 
 49. Any provisions as to fixtures : (Wood. 620.) 
 
 50. Any provisions as to game : (Wood. 717.) 
 
 51. Any restrictive covenants as to user of premises : 
 (a.) For a business : (G. 323.) 
 
 (6.) For a trade : (G. 323.) 
 
 52. Make them general, not specifying too much : (E. 237.) 
 
 53. Covenant not to assign ? (G. 324 ; Conv. Act 1892, s. 3.) 
 
 54. Covenant not to underlease ? (Ib.) 
 
 55. Lessor's consent not to be unreasonably withheld ? (G.. 
 325.) 
 
 56. Covenant not to hold auction on premises ? (E. 238.) 
 
 57. Covenant to repair, and keep and deliver up in repair t 
 (Wood. 589 ; G. 320.) 
 
 58. Meaning of tenantable repair : (Proudfoot v. Hart, 63 
 L. T. Eep. 171; 25 Q. B. Div. 42 ; 59 L. J. Q. B. 389; 38 
 W. E. 730.) 
 
 59. Covenant to paint outside and inside of house : (1 K. & E. 
 724.) 
 
 (a.) And any added buildings ? (1 K. & E. 725 (a).) 
 
 60. Covenant to contribute towards keeping up of 
 (a.) Eoads, pavements, &c. : (1 K. & E. 726.) 
 (6.) Ornamental garden : (1 K. & E. 727.) 
 
 61. Covenant to cultivate in any particular manner ? (Wood.. 
 603.) 
 
 62. Covenant to replace soil in brickfield lease : (F 933.) 
 
 63. Agricultural leases (1 K. & E. 809) : 
 
 (a.) Is tenant to use special rotation of crops 
 (6.) Treatment of meadow land, 
 (c.) May tenant cut underwoods 
 (d.) Unexhausted improvements
 
 30 Reminders for Conveyancers. 
 
 64. Provide in lease for compensation for improvement of 
 soil tinder A. H. Act, 1883 : (Sw. 449.) 
 
 65. Covenant to insure. 
 
 66. Provide that moneys be laid out in reinstating premises : 
 <G. 321 ; Westminster Fire Office v. Glasgow, Sfc., Society, 59 
 L. T. Eep. 641 ; 13 App. Cas. 699.) 
 
 67. If lessor insures, lessee should covenant not to increase 
 rate of insurance : (G. 321.) 
 
 68. May lessor put up notice of re-letting before end 
 of term P (1 K. & E. 729.) 
 
 69. Semble a clause enabling lessor to eject tenant by force 
 is illegal : (5 Eich. 2 St. 1, c. 8 ; Edwick v. Hawkes, 45 L. T. 
 Eep. 168 ; 18 Ch. Div. 199 ; 29 W. E. 913 ; sub nom. Edridge v. 
 Hawker, 50 L. J. Ch. 577.) 
 
 70. An agreement for lease for a term (a) indefinite or (6) not 
 exceeding thirty-five years bears a lease Jstamp : (Stamp Act, 
 1891, s. 75.) 
 
 71. When definite term more than thirty-five years, should 
 "there be an agreement instead of a lease, to save duty ? (Sw. 
 436.)
 
 Mortgages. 31 
 
 MOBTGAGES. 
 
 1. If mortgagees are trustees, has there been a proper 
 "report from an independent surveyor who advises the loan ? 
 
 (Trustee Act, 1888, s. 4.) 
 
 2. Does amount of loan not exceed two-thirds of value of 
 property ? (Ib.) 
 
 3. If mortgagor a trustee, has he power to mortgage ? 
 
 4. If mortgagor a limited owner, has he observed formalities, 
 &c., of S. L. Acts ? 
 
 5. Trustees cannot waive notice of intention of limited owner 
 to mortgage : (S. L. A. 1882, s. 45 ; 1884, s. 5.) 
 
 6. Shorten names into " hereinafter called the borrower," and 
 " the mortgagee." 
 
 7. Make mortgagor acknowledge receipt of consideration 
 money. 
 
 8. Are mortgagors or is surety to join in a joint and several 
 covenant ? 
 
 9. If rate of interest more than 4 per cent., covenant to pay 
 " so long as any principal money remains due under these 
 presents, or under any judgment or order in which the covenant 
 to pay herein contained may be merged :" (Re Sneyd, 50 L. T. 
 Eep. 109 ; 25 Ch. Div. 338 ; 53 L. J. Ch. 545 ; 32 W. E. 352 ; 
 Arbuthnot v. Bunsilall, 62 L. T. Eep. 234.) 
 
 10. Does mortgagor convey as beneficial owner ? 
 
 11. In mortgage of freehold remember words of limitation. 
 
 12. In mortgage of leaseholds, is it to be by assignment or 
 sub-demise ? (2 K. & E. 81, n.)
 
 32 Reminders for Conveyancers. 
 
 13. If by sub-demise, insert : 
 
 (a.) Declaration of trust of nominal reversion for mort- 
 gagee : (W. 49.) 
 
 (b.) Power to appoint new trustee : (Ib., p. 50.) 
 (c.) Irrevocable appointment of mortgagee as attorney to- 
 assign original term : (Ib.) 
 
 14. In copyholds insert charge until surrender : (Ib., p. 52.) 
 
 15. In mortgage of an hotel, &c., are business and goodwill to 
 be included? (Whitley v. Challis, 65 L. T. Eep. 838 ; (1892) 
 1 Ch. 64 ; 61 L. J. Ch. 307 ; 40 W. E. 291.) 
 
 16. If equity of redemption intended to be limited to different 
 uses, clearly state this by recital or otherwise : (Far. 136 ; 
 Byron's Settlement, re Reynolds, 65 L. T. Eep. 218 ; (1891) 3 
 Ch. 474 ; 60 L. J. Ch. 807 ; 40 W. E. 11.) 
 
 17. Proviso for redemption by firm : (2 K. & E. 21.) 
 
 18. Should there be a proviso for cesser of estate on payment 
 off ? (3 B. & J. 975.) 
 
 19. Covenant to repair ? 
 
 20. Covenant by mortgagor to insure. None implied: (2 K. 
 & E. 42, 43.) 
 
 21. Money received from insurance to be laid out in restoring 
 buildings, or in payment off of mortgage ? (2 K. & E. 45 ; H. & 
 C., p. 76 ; Westminster Fire Office v. Glasgow, $c., Society, 59- 
 L. T. Eep. 641 ; 13 App. Cas. 699 ; C. A., s. 19.) 
 
 22. Statutory power of insurance does not make money paid*' 
 by mortgagee a debt from mortgagor : (H & C. 69.) 
 
 23. Mortgage to a firm not to be affected by change of 
 partners : (2 K. & E. 189.) 
 
 24. Loan for a term certain ? (W. 55.) 
 
 (a.) Prevent questions as to date when statutory powers of 
 sale, &c., arise : (Ib., 56, n. ; 2 K & E. 24.) 
 
 25. Loans repayable by instalments ? (2 K. & E. 33, and last 
 note.) 
 
 26. Interest reducible on punctual payment ? (2 K. & E. 
 '3-2 ; W. 55, n. (b.)
 
 Mortgages. 33 
 
 27. In mortgage of realty and personalty direct surplus of 
 probeeds of sale to be treated as personalty : (2 K. & E. 30.) 
 
 28. Query give power to second mortgagee to give receipts to 
 first mortgagee : (Ib.) 
 
 29. Give power to surrender as well as sell a mortgaged 
 policy. 
 
 30. Power to sell without statutory restrictions ? (2 K. & E. 
 29.) 
 
 31. As to power to sell fixtures apart from land: (Re 
 Tates, 59 L. T. Eep. 47 ; 38 Ch. Div. 112 ; 57 L. J. Ch. 697 ; 
 36 W. E. 563.) 
 
 32. Solicitor-mortgagees to point out to clients any divergence 
 from ordinary forms : (Pooley's Trustee v. Whetham, 55 L. T. 
 Rep. 333 ; 33 Ch. Div. Ill ; 55 L. J. Ch. 899 ; 34 W. E. 689.) 
 
 33. Covenant to keep up life-policies : (W. 52.) 
 
 34. Covenant by mortgagee to make further advances ? 
 (2 K. & E. 36.) 
 
 35. Liability as between mortgagor and estate : (W. 56.) 
 
 36. Liability as between mortgagor and surety : (2 K. & E. 
 38.) 
 
 37. Liability as between mortgagee and surety : (Ib.) 
 
 38. As to use of attornment clause : (comp. 2 K. & E. 52 with 
 W. 44 and 3 B. & J. 983 ; Mnmford v. Collier, 25 Q. B. Div. 
 279 ; 59 L. J. Q. B. 552 ; 38 W. E. 716 ; Green v. Marsh, 
 66 L. T. Eep. 480 ; (1892) 2 Q. B. 330 ; 61 L. J. Q. B. 442 ; 
 40 W. E. 449.) 
 
 39. Eemember Bills of Sale Acts. 
 
 40. Debentures of joint-stock companies are not bills 
 of sale : (fie Standard Manufacturing Company, 64 L. T- 
 Eep. 487 ; (1891) 1 Ch. 627; 60 L. J. Ch. 292 ; 39 W. E. 369.) 
 
 41. A power to seize and sell building materials is a bill of 
 sale : (Climpson v. Coles, 61 L. T. Eep. 116 ; 23 Q. B. Div. 
 465 ; 58 L. J. Q. B. 346 ; 38 W. E. 110.) 
 
 42. Is mortgagor to be allowed to lease ? (C. A., s. 18 ; 
 W. 59.) 
 
 c
 
 34 Reminders for Conveyancers. 
 
 43. Are his and the mortgagee's statutory powers to be 
 varied ? (C. A., s. 18 (14) ; W. 214.) 
 
 44. Is mortgagee to have power of consolidating securities ? 
 (2 K. & E. 62.) 
 
 45. Statutory powers of mortgagee only implied if mortgage 
 is by deed : (C. A., s. 19.) 
 
 46. Indorse notice of mortgage on some title deed if retained 
 by mortgagor : (2 K. & E. 63.) 
 
 47. Acknowledgment of right of production of deeds not 
 recited to be by separate writing : (W. 45.) 
 
 48. Provide for mortgagor paying for costs of production : 
 (C. A., s. 9 (5) ; 2 K. & E. 63.) 
 
 49. Do not clog equity of redemption: (James v. Kerr, 60 
 L. T. Eep. 212 ; 40 C. D. 449 ; 58 L. J. Ch. 355 ; 37 W. R. 
 279) ; Salt v. Northampton, 65 L. T. Eep. 765 ; (1892) A. C. 1 ; 
 61 L. J. Ch. 49 ; 40 W. E. 529.) 
 
 50. Solicitor's profit costs : (92 L. T. 349 ; 27 L. J. News- 
 paper 185 ; 2 K. & E. 63) : 
 
 (a.) Extra stamp for this : (Sw. 595.) 
 
 51. Accumulation clause in mortgage of reversion : (W. 57 ; 
 2 K. & E. 35.) 
 
 52. In mortgage of building agreement, prudent to give 
 notice to lessor : (Union Bank of London v. Kent, 59 L. T. 
 Eep. 714 ; 39 Ch. Div. 238 ; 57 L. J. Ch. 1022 ; 37 W. E. 
 364.) 
 
 53. When are buildings to be completed ? What evidence of 
 completion ? (2 K. & E. 142-3 ; 3 B. & J. 1103.) 
 
 54. Give power to mortgagee to complete, and charge sums 
 expended on premises : (Ib.) 
 
 55. Make married woman declare that she has separate 
 property, &c., that she can bind, and her covenants should 
 expressly bind separate property, and property to her separate 
 use (2 K & E. 95). 
 
 56. Mortgagee's indemnity clause.
 
 Mortgages. 35 
 
 57. An interpretation clause making the deed refer to those 
 claiming under the parties. 
 
 58. Should mortgage of two properties be by two deeds F 
 (3 B. & J. 985.) 
 
 59. A collateral security not necessarily a secondary one : 
 (Re Athill 43 L. T. Rp. 581 ; 16 Ch. Div. 211 ; 50 L. J. Ch. 
 123 ; 29 W. R. 309.) 
 
 60. On mortgage of debt or sub-mortgage provide that 
 mortgagee need not realise : (2 K. & E. 191 ; 3 B. & J. 817.) 
 
 - 61. On a transfer make mortgagor, if possible, a party. 
 
 62. On a transfer keep old powers, &c., alive : (Far. 15.) 
 
 63. Doubtful if statutory powers in mortgages apply to 
 transfers : (2 K. & E. 224.) 
 
 64. In consolidating mortgages keep old powers alive. 
 
 65. Mortgages to building or industrial and provident 
 societies : (2 K & E. 127 to 135.) 
 
 66. On payment off of equitable mortgages (including mort- 
 gages of equity of redemption) a reconveyance unnecessary, 
 a simple receipt sufficient : (Alpe, 159.) 
 
 Stamps : 
 
 67. If mortgage deed vests equity of redemption in a 
 purchaser, conveyance stamp is also required : (Alpe, 166.) 
 
 68. Equitable mortgages, on which Is. per .100 is payable, 
 must be under hand only : (Stamp Act, 1891, s. 86 (2) ; 93 L. T. 
 25.) 
 
 69. Collateral equitable securities also bear Is. per .100 
 stamp : (Alpe, 159.) 
 
 70. On securities for future advances, see s. 88. 
 
 71. Transfer stamp on amount transferred (exclusive of 
 interest not in arrear), not on consideration. 
 
 72. Transfer duty payable on interest which should have 
 been paid on previous day or days of payment, and the right to 
 which is transferred. 
 
 73. Duty payable on further sums advanced by transferee, 
 2s. 6d. per .100. 
 
 c2
 
 36 Reminders for Conveyancers. 
 
 74. Additional security, powers, covenants, &c., can be given 
 on a transfer without extra stamp : (s. 87 (3) ; Wale v. Com- 
 missioners, 41 L. T. Rep. 165 ; 4 Ex. Div. 270 ; 48 L. J. Ex. 
 574 ; 27 W. R. 916.) 
 
 75. On transfer on appointment of new trustees a 10s. stamp 
 sufficient, but it should be adjudicated : (s. 62 ; W. 45.) 
 
 76. On reconveyance, on amount at any time secured. 
 
 77. A bare receipt on payment off of equitable mortgage 
 (including mortgage of equity of redemption) requires no stamp 
 if no words of release employed : (see Eeceipt, exemption (11), 
 Alpe, 159.) 
 
 Inquiries : 
 
 78. On mortgage of recent lease, of lessor as to existence 
 of , and dealings with prior building agreement: (Union 
 Bank of London v. Kent, sup.) 
 
 79. On sub-mortgage, of debtor as to state of debt : 
 (3B. & J. 817.) 
 
 80. Ditto on mortgage of a debt. 
 
 81. On transfer of a mortgage, of mortgagor as to state 
 of mortgage debt 
 
 82. On mortgage by beneficiary, of his share in trust 
 property, of the trustees, insisting on specific answer : (Low 
 T. Bouverie, 65 L. T. Rep. 533 ; (1891) 3 Ch. 82 ; 60 L. J. 
 Ch. 594 ; 40 W. R. 58 ; Re Wyatt, 65 L. T. Rep. 841 ; 
 (1892) 1 Ch. 188 ; 61 L. J. Ch. 178 ; 40 W. R. 177.) 
 
 83. On a second mortgage, of first mortgagee. 
 
 84. As to any title deeds that are not forthcoming. 
 
 85. As to terms of tenancies and leases of property to 
 be mortgaged. 
 
 86. Registration ? 
 
 87. Proper searches. 
 
 88. See that all deeds, as far as possible, are handed over. 
 
 89. Give all necessary notices.
 
 Partnership Articles. 37 
 
 PAETNEESHIP AETICLES. 
 
 1. Private partnership cannot 
 
 (a.) For banking have more than ten members : 
 
 (P. P. 8.) 
 (b.) For other business have more than twenty members : 
 
 (Ib.;25&26 Viet. c. 89,s. 4.) 
 
 2. There must be a view of sharing profits : (P. A. s. 1.) 
 
 3. Persons lending money on written contract, signed by all 
 parties, to receive as interest a share of profits are not partners : 
 (P. A. 2 (d).) 
 
 4. Such persons are postponed on an insolvency to other 
 creditors : (P. A. s. 3.) 
 
 5. May any partner nominate other partners ? (P. A. 
 s. 24 (7).) 
 
 6. How is nominated partner to show his acceptance P (E. 
 264.) 
 
 7. Style of firm, and that all engagements are to be entered 
 into under that name : (4 B. & J. 300 ; E. 254.) 
 
 8. Nature of business : (4 B. & J. 300 ; E. 252.) 
 
 9. Where is it to be carried on ? (E. 252 ; 2 K & E. 
 302.) 
 
 10. Where are partnership books to be kept ? (P. A. 
 B. 24 (9).) 
 
 11. When is partnership to commence? (E. 252; 4 B. & J. 
 300.) 
 
 12. Duration of partnership : (E. 252 ; P. A. s. 26.)
 
 38 Reminders for Conveyancers. 
 
 13. Who are to be the firm bankers ? (2 K. & E. 305.) 
 
 14. Are all cheques, money, &c., to be paid into bank ? 
 (Ib.) 
 
 15. Provide for payment of outgoings : (Ib.) 
 
 16. May any partner retain any benefit connected with 
 partnership ? (4 B. & J. 304 ; P. A. s. 29.) 
 
 17. May he compete in private business with firm? (P. A. 
 s. 30.) 
 
 18. Are partners co-owners as to land, and land bought out 
 of profits ? (P. A. ss. 2 and 20 (3).) 
 
 19. Distinguish between stock and capital : (Sw. 
 745.) 
 
 20. How are partners to contribute capital ? (4 B. & J. 
 303.) 
 
 21. What interest to be paid on capital ? (E. 255.) 
 
 22. Either partner to be credited with value of stock 
 and plant ? (2 K. & E. 303.) 
 
 23. State capital as if it had been turned into money : (4 B. & 
 J. 303.) 
 
 24. Is partnership property to devolve as personalty : (P. A. s. 
 22.) 
 
 25. Leaseholds leased to a partner to be held by trustees for 
 firm : (2 K. & E. 303 ; E. 254.) 
 
 26. Are partners to contribute equally to losses ? (P. A. s. 24 
 
 (1).) 
 
 27. Any further capital brought in by partner, and interest 
 thereon : (P. A, s. 24 (3) ; 2 K. & E. 304.) 
 
 28. Are undrawn profits to be (a) capital bearing interest ; or 
 (b) simply profits bearing no interest ? (Sw. 747.) 
 
 29. Is any partner to be allowed to keep fees for director- 
 ships, &c. ? (E. 255.) 
 
 30. If brought into partnership account are they capital 
 or income ? (E. 255.) 
 
 31. Make apprenticeship fees income : (4 B. & J. 
 304.)
 
 Partnership Articles. 39 
 
 32. May any partner draw on his prospective share? (2 K. & 
 E. 307.) 
 
 (a.) Provide for his overdrawing : (E. 257.) 
 
 33. Is minimum sum to be guaranteed to any partner ? 
 (2 K. & E. 306.) 
 
 34. Arrange as to proportion of profits, if one partner buys 
 extra share in business : (E. 257.) 
 
 35. Is there to be a reserve fund ? (2 K. & E. 
 306). 
 
 36. May each partner take part in management ? (P. A. s. 
 24 (5).) 
 
 (a.) Any prohibition as to certain dealings for the firm ? 
 (Sw. 771.) 
 
 37. Is any partner to be paid for his share in management ? 
 (P. A. s. 24 (6).) 
 
 38. What authority have they each for binding the firm ? 
 (P. A. s. 5.) 
 
 39. Can they bind firm by pledging its credit ? (P. A. s. 7 ; 
 2 K. & E. 309.) 
 
 40. Must whole time be given to business ? (2 K. & E. 
 308.) 
 
 41. What holidays permitted ? (2 K. & E. 308.) 
 
 42. May any partner hire and dismiss clerks, &c. ? (2K. & E. 
 310.) 
 
 43. Partners to be faithful to each other in their dealings : 
 (4 B. & J. 305.) 
 
 44. Partners not to disclose trade secrets : (Sw. 
 756.) 
 
 45. Let majority decide disputes : (4 B. & J. 306 ; P. A. s. 24 
 (8).) 
 
 46. Accounts to be kept : (2 K. & E. 311.) 
 
 (a.) To be signed by and binding on all partners ; (4 B. & 
 J. 306.)
 
 40 Reminders for Conveyancers. 
 
 47. Annual general account: (2 K. & E. 311.) 
 
 48. How is partnership to be dissolved ? 
 
 49. Is partnership to be dissolved on death or bankruptcy 
 of any partner ? (P. A. s. 33.) 
 
 50. Is it to be dissolved, without going to the court, on 
 lunacy or permanent incapability of any partner P (P. A. s. 35 
 (ft and b).) 
 
 51. Is it to be dissolved when it can be carried on only 
 at a loss ? (P. A. s. 35 (e).) 
 
 52. What rules to be adopted for distribution of assets on 
 final settlement ? (P. A. s. 44.) 
 
 53. What is to become of any premium on dissolution P (P. A. 
 s. 40.) 
 
 54. Can majority expel a partner ? (P. A. s. 25.) 
 
 55. Provide as to official appointments, &c., on dissolution ' 
 (4 B. & J. 304.) 
 
 56. May continuing partner buy share of deceased or retiring 
 partner ? (P. A. s. 42 (2) ; 4 B. & J. 307.) 
 
 57. Is retiring partner, or representatives of deceased, to 
 have share in profits made after dissolution or death ? (P. A- 
 s. 42 (1).) 
 
 (a.) Or interest in lieu of these profits ? (E. 261.) 
 
 58. How is deceased or retiring partner's share to be secured ? 
 (4 B. & J. 308.) 
 
 59. Is it to be paid to him in a lump sum or by instalments 'f 
 (E. 260.) 
 
 60. How is the goodwill to be valued on final settle- 
 ment ? (Sw. 746-7 ; 2 K. & E. 321 ; P. P. 105 ; 4 B. & J. 
 316.) 
 
 61. May. any retiring partner carry on similar business or 
 solicit customers of firm ? (Sw. 747.) 
 
 62. See that restraint is within reasonable limits : (Perls v. 
 Saalfeld, 66 L. T. Eep. 666 ; (1892), 2 Ch. 149 ; 61 L. J. Ch. 
 409 ; 40 W. E. 548.)
 
 Partnership Articles. 41 
 
 63. Provide for deficiency of assets on winding-up : (2 K. & E. 
 312.) 
 
 64. Provide for annual account preceding death of partner 
 not having been taken : (2 K. & E. 316.) 
 
 65. What are to become of partnership books on dissolution ? 
 (Sw. 773.) 
 
 66. Is widow or child of deceased partner to have an 
 annuity ? (2 K. & E. 322 ; E. 261.) 
 
 67. How are notices to be given ? (2 K. & E. 327 ; Sw. 763.) 
 
 68. Arbitration : (2 K. & E. 327.) 
 
 69. Partnership should be a code of regulations to save 
 partners having to inquire as to implied law : (4 B. & J. 297 ; 
 E. 251). 
 
 70. Partnership for working a patent : (Morris's Patents' 
 Conveyancing, 99 ; Sw. 778.)
 
 42 Reminders for Conveyancers. 
 
 BELEASES TO TBUSTEES. 
 
 1. All irregular dealings should be set out, and stated to- 
 be breaches of trust. 
 
 2. Succession duty and costs should be provided for. 
 
 3. Is an indemnity from beneficiaries desired ? 
 
 4. Retired trustees and estates of deceased ones should be 
 released : (2 K. & E. 399.) 
 
 5. Beneficiaries should have deed carefully explained to them. 
 
 6. Young persons releasing should have separate advice : 
 (2 K. & E. 392.) 
 
 7. Trustees should be very careful as to having received any 
 notice from any incumbrancers.
 
 Marriage Settlements. 43 
 
 MARRIAGE SETTLEMENTS. 
 
 PEESONALTY. 
 
 1. Parties: (W. 61.) 
 
 2. Recitals : 
 
 (a.) Intended marriage. 
 
 (6.) Of assignments by separate deeds of freeholds and 
 
 leaseholds in trust for sale, 
 (c.) Transfer of mortgage. 
 (d.) Covenant to surrender copyholds (which should contain 
 
 declaration of trust till surrender) : (6 B. & J. 235.) 
 (e.) Transfer of stocks, funds, &c. 
 (/.) Order under Infants' Settlement Act : (W. 64.) 
 
 3. Assignment as " settlor : " (6 B. & J. 219.) 
 
 4. Should infant assign as " settlor ? " (W. 65, 6.) 
 
 5. Bonuses to be settled with policy moneys ? (6 B. & J. 
 245.) 
 
 6. Description of property assigned : (2 K. & E. 442.) 
 
 7. Remember possibly accruing shares to member of a 
 class. 
 
 8. Trusts till marriage : (6 B. & J. 254 ; W. 67.) 
 
 9. Investments: 
 
 (a.) To retain as invested ? (W. 67.) 
 (6.) Written consents to variation : (E. 288.) 
 (c.) Trustee Investment Act,,1889 applies, unless expressly 
 forbidden. v. '
 
 44 Reminders for Conveyancers. 
 
 (d.) Investments authorised by Court (2 K & E. 446.)' 
 (e.) Colonial securities, contributory and second mort- 
 gages not authorised by statute : (2 K. & E. 
 450.) 
 (/.) Power to lend on mortgage of life interest and policy 
 
 of assurance : (W. 70 ; 2 K. & E. 449.) 
 (g.) Power to lend on mortgage for fixed term : (W. 92.) 
 (h.) Power to lend on securities to bearer : (W. 93.) 
 (i.) Power to lend to husband : (2 K. & E. 451.) 
 (j.) Power to lend or invest on business : (Sw. 987.) 
 (fc.) Are loans on Irish property to be forbidden ? (4 & 5 
 Will. 4, c. 29 ; W. 68.) 
 
 10. Interpretation of funds as " husband's fund " and 
 " wife's fund : " (2 K. & E. 452, a.) 
 
 11. Life interests : 
 
 (a.) Where husband in trade, should it be given to wife ? 
 
 (V. 860.) 
 
 (ft.) Wife's still for " separate use : " (W. 71, a.) 
 (c.) Restraint on anticipation unless (37) applies. 
 (d.) Protected life interest for husband : (W. 72.) 
 (e.) Discretionary trust if he incumbers : (Ib.) 
 (/.) If settled by him, no gift over on bankruptcy : 
 
 (Ib., a.) 
 
 (g.) Secus, on alienation. 
 
 (h.) As to wife's receipts if an infant : (2 K. & E. 453, c.) 
 (i.) Is income to be reduced on second marriage ? (2 K. & E. 
 
 454, c.) 
 
 12. Powers of appointment : 
 
 (a.) Amongst issue as well as children : (W. 74 ; 2 K. & E. 
 
 460.) 
 (b.) Where husband's life interest determinable, add 
 
 2 K. & E. 461 : 6 B. & J. 576, 7i. 
 (c.) Is son or daughter inheriting estate to be excluded ? 
 
 (W. 75 ; 2 K. & E. 462.) 
 
 13. Should wife have power to release life interest in favour 
 of appointee ? (W. 76.)
 
 Marriage Settlements Personalty. 45 
 
 14. Default of appointment : 
 (a.) To children, not issue. 
 
 (b.) To excepted son or daughter, if no others : (W. 76 . 
 2 K. & E. 462.) 
 
 15. Hotchpot clause : (W. 75 ; 2 K. & E. 463.) 
 
 16. Maintenance clause : 
 
 (a.) To be omitted in ordinary case : (Re Burton's Will, 
 
 67 L. T. Kep. 221; (1892) 2 Ch. 38; C. A. 
 
 s. 43.) 
 (6.) To be inserted where class capable of erpansion : (Re 
 
 Jeffery, 64 L. T. Rep. 622; (1891) 1 Ch. 671; 
 
 60 L. J. Ch. 470 ; 39 W. R. 234.) 
 
 17. Advancement clause : (W.'76 ; 2 K. & E. 464.) 
 
 18. How much may be advanced ? For what objects ? 
 
 19. Are powers of maintenance and advancement to extend 
 to appointed shares ? (2 K. & E. 461, d.) 
 
 20. Should clause extending these powers to appointed 
 shares be inserted ? (2 K. & E. 467.) 
 
 21. Trusts in default of children : (2 K. & E. 467 ; W. 77.) 
 (a.) In wife's case, testamentary power whether she is 
 
 survivor or not : (W. 78, a.) 
 (b.) Her next of kin, as if she had died, " without having 
 
 been married : " (2 K. & E. 469, d ; W. 78, 6.) 
 (c.) On the second marriage, where issue of first marriage, 
 add " to the said husband." 
 
 22. Has parent to be prevented exercising a power which 
 could defeat husband or wife's interest ? 
 
 23. Application of rents until trust for sale executed : 
 (W. 79 ; 2 K. & E. 483.) 
 
 24. Power to manage, lease, concur in partition, <fec., of 
 land unsold : ^2 K. & E. 486 ; W. 88.) 
 
 25. Power to invest in purchase of a residence : (W. 88.) 
 
 26. Power to invest in purchase of land : (W. 87.) 
 
 27. Hold them in trust for sale : (Ib. ; 6 B. &. J. 587.)
 
 46 Reminders for Conveyancers. 
 
 28. Are provisions of Settled Land Acts to be modified ? 
 (2 K. &. E. 490-1.) 
 
 29. Power to withdraw part of property from settlement: 
 (6 B. & J. 334.) 
 
 30. Power to make settlement on second marriage : (W. 80.) 
 
 31. Covenant by parents to pay annuities and lump sums : 
 <2 K. & E. 474-480 ; W. 88 and 89.) 
 
 32. Covenant by parents to leave share of estate : (6 B. & J. 
 591.) 
 
 33. State time when to be paid. 
 
 34. Trustees not to compel payment until required to do so 
 in writing, and provision made for their costs : (6 B. & J. 
 595.) 
 
 35. Any interest on lump sums until payment P 
 
 36. Are bonuses, &c., to be capital or income ? (W. 91 ; 
 2 K. & E. 472.) 
 
 37. General direction that wife cannot anticipate her 
 interests ? (2 K. & E. 470.) 
 
 (a.) During "the said intended coverture," not "during 
 their joint lives : " (Hamilton v. Hamilton, 66 
 L. T. Rep. 112 ; (1892) 1 Ch. 396 ; 61 L. J. Ch. 
 220 ; 40 W. E. 312.) 
 
 38. Covenant by settlor to keep up policies : (2 K. & E. 471.) 
 (.) How to be kept up if he fails to do so ? (W. 84.) 
 
 (b.) Protection of trustees : (W. 84 ; 2 K. & E. 473.) 
 (c.) Power to trustees to sell or surrender them. 
 
 39. Where shares not fully paid up are settled, how are calls 
 to be met ? (2 K. & E. 473.) 
 
 40. Covenant to settle other and after-acquired property : 
 <W. 85 ; 2 K. & E. 494 ; Sw. 1217.) 
 
 (a.) What is it to include ? What limits and exceptions ? 
 
 (b.) Settle property to which she will be entitled " at the 
 time of the said intended marriage," not "now," 
 so as to save ad valorem duty : (2 K. & E. 496 ; 
 W. 85 (6) ; V. 1524.)
 
 Marriage Settlements Personalty. 47 
 
 (c.) After-acquired " during the said intended coverture." 
 fJ 
 
 41. Is Trustee Act, 1888", to be excluded P (51 & 52 Viet. c. 59, 
 
 s. 12.) 
 
 42. Power to trustees to delegate their trust P (W. 94.) 
 
 43. Power to trustees to decide all questions whether 
 actually raised or not : (2 K. & E. 505.) 
 
 44. Power to trustees to apportion blended trust funds, &c. 
 (W. 92.) 
 
 45. Power for professional trustee to charge costs, though 
 not strictly professional -. (W. 94 ; 2 K. & E. 511.) 
 
 46. Power to trustee to condone breaches of trust by trustees 
 of superior settlement where reversionary interest is being 
 settled : (2 K. & E. 505.) 
 
 47. Who is to appoint new trustees? (W. 94; 2 K. & E. 
 509.) 
 
 48. Costs of settlement, how to be met P (W. 93 ; 2 K. & E. 
 504.) 
 
 49. Beware of 
 
 Perpetuities and excessive accumulations. 
 
 50. Vague words, e.g. : 
 
 " Months " for " calendar months." 
 " Unmarried " for " without having been married." 
 " Eldest " or " younger child." 
 " Survivor" (unless period of survivorship clear). 
 " Next of kin " (unless period of ascertainment 
 clear). 
 
 51. Provide for all contingencies. 
 
 52. Make gifts over fit determination of previous gifts. 
 
 53. Make it clear when property is to vest. 
 
 54. Is settlement of a share an ademption of previous gift 
 by will ? (V. P. 279.) 
 
 55. Marriage only a consideration for ante-nuptial settle- 
 ments and articles : (V. 72.)
 
 48 Reminders for Conveyancers. 
 
 56. Collaterals not .within marriage consideration : (De 
 Mestre v. West, 64 L. T. Eep. 375 ; (1891) A. C. 264 ; 60 L. J. 
 P. C. 66.) 
 
 57. Does Infants' Settlement Act apply ? 
 
 58. Infant's settlement voidable, not void : (92 L. T. 405.) 
 
 59. Should infant be put to election to confirm ? (2 K. & E. 
 504 ; Hamilton v. Hamilton, supra.) 
 
 60. For a form of confirmation, see 6 B. & J. 616 ; 2 K. & E. 
 551. 
 
 61. Inquiries of and notices to trustees, debtors, assurance 
 offices : (6 B. & J. 243-5.) 
 
 62. Can succession duty be saved by treating portion as 
 settled by husband or wife, not parent ? (2 K. & E. 434, a.) 
 
 63. Stamps : (Alpe, 183-189.) 
 
 (a.) 5s. per dfilOO of " definite and certain " sum of money, 
 
 stock or security settled. 
 (b.) " Definite and certain " applies not to nature of the 
 
 interest, but amount of stock, &c. : (Onslow v. 
 
 Commissioners, 64 L. T. Eep. 211 ; (1891) 1 Q. B. 
 
 239 ; L. J. Ch. 220 ; 39 W. E. 373.) 
 (c.) It must be paid on vested reversion liable to be 
 
 divested by exercise of special power. 
 (d.) Not payable on proceeds of sale of land, &c. 
 (e.) Further 10s. stamp for covenant to settle after-acquired 
 
 property. 
 (/.) Where no provision for keeping up settled policy 
 
 duty payable on its then value : (Stamp Act, 1801, 
 
 s. 104 (2).) 
 (g.) No further duty payable on annuity if 4 per cent. 
 
 or less covenanted to be paid by tenant for life of 
 
 money, &c., to be paid, &c., in the future : (Ib. 
 
 s. 105.) 
 
 64. Stamps on settlement containing stock and a policy of 
 assurance should be adjudicated: (Stamp Act, 1891, s. 118; 
 Alpe, 201-2 ; 2 K. & E. 516.)
 
 Marriage Settlements. 
 
 KEALTY. 
 
 1. Convey as settlor: (E. 328.) 
 
 2. Should infant convey as settlor ? (W. 65, 6.) 
 
 3. Uses till marriage. 
 
 4. Should pin-money be limited to trustees for wife ? 
 N.B. Easier for them to raise it : (V. P. 3.) 
 
 5. Where wife heiress should husband have first life estate ? 
 (V. 860.) 
 
 6. Is tenant for life to keep property in repair? (G. 
 394.) 
 
 7. Is life estate to be without impeachment of waste ? 
 
 8. Restriction as to waste : (2 K. & E. 577.) 
 
 9. Protected life interest : (2 K. & E. 577.) 
 
 10. No gifts over on settlor's own bankruptcy : (W. 
 72, a.) 
 
 11. Secus, on alienation (Ib.) 
 
 12. Make gift over fit, if life estate destroyed. 
 
 13. Should tenant for life have power of mortgaging ? (G. 
 419 ; 2 K. & E. 635.) 
 
 14. Residence clause good, unless powers of Settled Land 
 Acts to be exercised : (Re Haynes, 58 L. T. Rep. 14 ; 37 Ch. 
 Div. 306 ; 57 L. J. Ch. 519 ; 36 W. R. 321.) 
 
 15. What length of residence necessary ? 
 
 16. Should tenant for life be freed from necessity of giving 
 notices : (S. L. A. 1882, s. 45 ; 1884, s. 5 ; Y. P. 82 ; W. 
 118.) 
 
 17. Notice unnecessary in leases for twenty-one years at best 
 rent, &c. : (53 & 54 Viet. c. 69, s. 7.) 
 
 18. Are mining rents to be capital or income ? (S. L. A. 
 1882,8. 11; V. P. 82; W. 97.) 
 
 19. Trust of rent, &c., during suspense of vesting. 
 
 D
 
 50 Reminders for Conveyancers. 
 
 20. During periods of accumulation see that tenant for life 
 has something to live on : (2 K. & E. 602.) 
 
 21. Wife's jointure to be in bar of dower and freebench : 
 <V. P. 3.) 
 
 22. Does Dower Act refer to freebench ? .(V. 976.) 
 (a.) Insert stipulation against it. 
 
 23. Avoid perpetuities : 
 
 (a.) Possible events to be considered. 
 
 (5.) Beyond lives in being and twenty -one years after : 
 
 (Re Frost, 62 L. T. Eep. 25 ; 43 Ch. Div. 246 ; 59 
 
 L. J. Ch. 118 ; 38 W. E. 264.) 
 (c.) Or to child of unborn person: (Whitby v. Mitchell, 
 
 62 L. T. Eep. 771 ; 44 Ch. Div. 85 ; 59 L. J. Ch. 
 
 485 ; 38 W. E. 337.) 
 
 24. Avoid excessive accumulations : 
 
 (o.) Periods of Thellusson Act being in the alternative : 
 
 (39 & 40 Geo. 3, c. 98.) 
 (6.) Can only be during certain minorities if for purchase 
 
 of land only (Accumulations Act, 1892.) 
 
 25. Sects. 42 and 43 of Conveyancing Act, 1881, give in 
 some events different destinations to accumulations : (2 K. & E. 
 465.) 
 
 26. In name and arms clause : (H. & J. 402) : 
 (<i.) Describe exact event or act intended. 
 (b.) Any formalities required ? 
 
 (c.) Is person who has previously assumed name and arms 
 
 to go through formalities ? 
 (d.) Is only first taker to do so ? 
 (e.) Is performance to precede vesting, or non-performance 
 
 to divest ? 
 
 (/.) How long allowed for performance P 
 (g.) Is notice to be given to person by trustees ? 
 (h.) Are issue of non-performer to suffer ? 
 
 27. Owners of family estate not to be portioners : (V. P. 6 
 and 7 ; 2 K. & E. 593.) 
 
 28. State when portions to be raised: (V. 1125.)
 
 Marriage Settlements Realty. 51 
 
 29. What amount raisable? (E. 338; W. 110.) 
 
 30. State: 
 
 (a.) Bate of interest till portion raised : (W. 104 ; Lew. 453.) 
 (b.) Time from which it is to be calculated : (Ib.) 
 
 31. Remember accruing shares from deaths, and hotchpot 
 
 clause. 
 
 32. When is character of younger child to be fixed ? (G. 398 ; 
 W. 104 ; 2 K. & E. 593 ; V. P. 7.) 
 
 33. Is portion to go to representative of deceased portioner t 
 (G. 399.) 
 
 34. Use proper words of limitation. 
 
 35. Insert tail general after tail male. 
 
 (a.) Where land to go with title settle it on eldest or only 
 son of intended marriage with remainder to present 
 peer, or on eldest or only son of peer by any mar- 
 riage with remainders over. 
 
 36. Daughters tenants in common in tail with cross re- 
 mainders ? (2 K. & E. 586.) 
 
 37. Is ultimate limitation for settlor or for whom P (V. P. 5 (o).) 
 
 38. Provide for subsequent marriage (V. P. 13) : 
 
 (a.) Power on such marriage to appoint life interest to 
 
 husband or wife : (W. 107 ; 2 K. & E. 604.) 
 (b.) Power to appoint portions to children or child. 
 
 39. Power to withdraw part of property from settlement ? 
 (2 K. A E. 657.) 
 
 40. Power to give sites for churches, schools, &c. : (W. 119.) 
 
 41. Referential settlement of copyholds : (E. 358 ; W. 112.) 
 (a.) How are fines to be borne ? (Lew. 248.) 
 
 42. Referential trusts for leaseholds : (V. 1352 ; W. 112.) 
 (a.) Is tenant for life or remainderman to bear expenses of 
 
 them ? 
 
 43. Ref erential trusts of heirlooms : (V. 1352; W. 113.) 
 (a.) Is inventory to be taken ? 
 
 (b.) Are trustees to be responsible for inventory ? 
 (c.) Power to exchange them: (W. 114.) 
 
 D2
 
 52 Reminders for Conveyancers. 
 
 (d.) Power to lease heirlooms with house : (W. 115.) . 
 
 44. Prevent leaseholds and heirlooms vesting in infant 
 tenant in tail male or tail general by purchase : (W. 114.) 
 
 45. Interests of married women for separate use without 
 power of anticipation : (W. 102.) 
 
 46. If a re-settlement, are powers of old settlement to be 
 kept alive ? (E. 455). 
 
 47. Appointment of trustees for purposes of S. L. A. and 
 C. A., s. 42 : (W. 116.) 
 
 48. May trustees employ agents ? 
 
 49. Do the Settled Land Acts give all required powers ? 
 
 50. Increase of statutory powers of Settled Land Acts : 
 (W. 118-120.) 
 
 51. May one trustee alone give receipts for capital money ? 
 (V. P. 83; W. 116.) 
 
 52. May trustees appoint to livings during minorities ? 
 (W. 117.) 
 
 53. Who is to appoint new trustees ? (V. P. 22 ; W. 117.) 
 
 54. Is Trustee Act 1888 to be excluded? 
 
 55. May professional trustee charge ? (V. P. 21.) 
 
 56. Power for trustees to decide all questions, whether 
 actually raised or not : (2 K. & E. 505.) 
 
 57. Who is to pay costs ? (V. 1637 ; 2 K. & E. 504.) 
 
 58. Should settlor pay costs of further assurance ? (V. P. 23.) 
 
 59. Avoid vague words, e.g., "younger," "elder," "months" 
 (for " calendar months "), " unmarried " (for " without having 
 been married "), " survivor " (unless period of survivorship clear). 
 
 60. Registration ? 
 
 61. Infant's settlement voidable, not void : (92 L. T. 405.) 
 (a.) But infant cannot convey except by leave of court. 
 
 62. Collaterals not within marriage consideration : (De 
 Mestre v. West, 64 L. T. Eep. 375; (1891) A. C. 264 ; 60 
 L. J., P. C. 66.) 
 
 63. Land is not subject to ad valorem settlement duty.
 
 Voluntary Settlements. 53 
 
 VOLUNTARY SETTLEMENTS. 
 
 1. Marriage no consideration for post-nuptial settlement, 
 nnless made in pursuance of ante-nuptial agreement. 
 
 2. Power of revocation should generally be inserted: 
 (V. 10ft.) 
 
 3. Liable to be defeated by purchaser under 27 Eliz. c. 4 : 
 (V. 1538.) 
 
 (a.) This does not apply to pure personalty : (V. 1539.) 
 (6.) Nor to leaseholds : (Price v. Jenkins, 37 L. T. Rep. 
 
 51 ; 5 Ch. Div. 619 ; 46 L. J. Ch. 805.) 
 (c.) Notice makes no difference : (Chapman v. Emery, 
 
 Cowp. 280.) 
 
 4. Liable to be defeated by creditor under 13 Eliz. c. 5. 
 
 (a.) This applies to pure personalty and leaseholds : 
 (Ridler v. Ridler, 48 L. T. Eep. 396 ; 22 Ch. Div. 
 74 ; 52 L. J. Ch. 343 ; 31 W. E. 93.) 
 
 5. Liable to be defeated under Bankruptcy Act, 1883, s. 47, 
 within ten years. 
 
 6. Should statutory powers given during minorities of bene- 
 ficiaries be extended to later age ? (2 K. & E. 785.) 
 
 7. Is there a resulting trust for the settlor ? 
 
 8. Account duty payable where life estate reserved to 
 settlor, on settlor's death: (44 Viet. c. 12, s. 38; 52 Viet. 
 c. 7, s. 11 ; Attorney -General v. Gosling, 66 L. T. Eep. 284 : 
 (1892) 1 Q. B. 545 ; 61 L. J. Q. B. 429 ; 40 W. E. 366.) 
 
 9. Voluntary settlements of chattels are within Bills of Sale 
 Act, 1878 : (V. 109.)
 
 54 Reminders for Conveyancer*. 
 
 WILLS. 
 
 1. Make it clear when property is to vest : (Th. 602.) 
 
 2. When is class to be determined ? (Th. 210.) 
 
 3. Are issue of children who predecease testator to take ? 
 (W. 126 ; 2 K. & E. 757, 759.) 
 
 4. If so, are those dead at date of execution of will to be 
 included ? (Th. 459 : 2 K & E. 760 n (a.)) 
 
 5. When is survivorship to be determined ? (Th. 602). 
 
 6. No presumption of survivorship when people die in same 
 accident : (Wing v. Angrave, 8 H. L. Gas. 183 ; 30 L. J. Ch. 65.) 
 
 7. Are issue of any predeceasing survivor to take ? (2 Jar. 852.) 
 
 8. Gift to illegitimate children should be clearly expressed : 
 (Th. 216 ; 89 L. T. 343.) 
 
 9. Illegitimate children born after testator's death cannot be 
 provided for : (Re Haslie's Trusts, 57 L. T. Eep. 168; 35 Ch. 
 Div. 728 ; 56 L. J. Ch. 792 ; 35 W. B. 692.) 
 
 10. Payments made in testator's life to be treated as 
 " advances : " (2 W. & T. 382 ; 89 L. T. 3 ; 2 K. & E. 688, 765 ; 
 H. & J. 380, 502.) 
 
 11. Are payments made before execution of will to be so 
 treated? (Ib.) 
 
 12. Any question as to satisfaction of portions charged on 
 realty to be cleared up ? (93 L. T. 439 ; V. P. 279.) 
 
 13. In snbstitutionary gifts, are persons substituted to survive 
 testator P 
 
 14. Are children of persons dead before execution of will to 
 take ? (Re Chinery, 59 L. T. Rep. 303 ; 39 Ch. Div. 614 ; 57 
 L. J. Ch. 804.)
 
 Wills. 55 
 
 15. What is to be done with children's legacies ? 
 
 (a.) Should parents have power to give receipts for them ? 
 
 (7 B. & J. 797 ; 2 K. & E. 710.) 
 (6.) If not, give executors power to invest them, instead of 
 
 paying them into court : (7 B. & J. 741 (b) ; W. 127 ; 
 
 2 K & E. 710.) 
 
 16. Maintenance clause ; 
 
 (a.) Insert, if class capable of increase (Re Jefery, 64 L. T. 
 
 Eep. 622 ; (1891) 1 Ch. 671 ; 60 L. J. Ch. 470 ; 39 
 
 W. E. 234. 
 (6.) Omit in ordinary case : (Re Burton's Will, 67 L. T. Eep. 
 
 221 ; (1892) 2 Ch. 38 ; C. A. s. 43.) 
 
 17. Is accumulation clause wanted? (2 K. <t E. 465.) 
 
 18. Advancement clause: (2 K. & E. 786 ; W. 131.) 
 
 (a.) Is it to be exercised during life of tenant for life ? 
 
 (2 K. & E. 461.) 
 (6.) Is it to extend to appointed shares P (Ib.) 
 
 19. Hotchpot clause : (W. 131.) 
 
 20. Avoid perpetuities, viz., beyond lives in being and 
 twenty-one years after, and remainders to child of unborn 
 person : (Th. 396 ; Whitby v. Mitchell, 62 L. T. Eep. 771 ; 44 Ch. 
 Div. 85 ; 59 L. J. Ch. 485 ; 38 W. E. 337 ; Re Frost, 62 L. T. 
 Eep. 25; 43 Ch. Div. 246; 59 L. J. Ch. 118; 38 W. R. 
 264.) 
 
 21. Who is to be entitled at end of period allowed for tying 
 up property ? 
 
 22. Avoid excessive accumulations including implied ones : 
 (Lew. 92.) 
 
 23. Accumulations permitted : (Ib. ; 39 & 40 Geo. 3, c. 98 ; 
 2 K. & E. 787.) 
 
 (a.) Twenty-one years from testator's death ; or 
 
 (6.) Minorities of persons living or en ventre sa mere at 
 
 testator's death ; or 
 (c.) Minorities of persons who under the will would, if 
 
 full age, be entitled to income.
 
 56 Reminders far Conveyancers. 
 
 24. The Thellusson Act does not apply to 
 (a.) Payment of debts. 
 
 (b.) Raising portions. 
 
 (c.) Produce of timber or wood. 
 
 25. Income cannot be accumulated for purchase of land 
 only, longer than minorities of persons who, if of full age, would 
 be entitled to them : (55 & 56 Viet. c. 58 ; 93 L. T. 267.) 
 
 26. In exercise of special power be careful as to restraining 
 married women from anticipation : (Lew. 101.) 
 
 27. Are powers general or special intended to be exer- 
 cised ? 
 
 (a.) General bequest exercises general power : (Wills Act. 
 
 s. 27.) 
 (b.) Refer to special power : (Th. 165.) 
 
 28. If named object fails, is it intended 
 
 (a.) That power should still be exercised ; or 
 
 (b.) That property is to go in default of appointment '( 
 
 29. As to formalities when power to be exercised by instru- 
 ment in writing, see Th. 70. 
 
 30. Express clearly if some legacies are to be paid in full 
 while others abate : (Roche v. Harding, 7 Ir. Ch. 338 ; 2 K. & E. 
 715.) 
 
 31. Is widow or head of family to have legacy for immediate 
 use ? (7 B. & J. 792 ; 2 K & E. 706.) 
 
 32. Such a legacy is liable to abate : (Re Schweder's Estate, 
 65 L. T. Eep. 64 ; (1891) 3 Ch. 44 ; 60 L. J. Ch. 656 ; 39 W. E. 
 588.) 
 
 33. If gift to widow for maintenance of self and children : 
 (7 B. & J. 738 ; 2 K. & E. 750.) 
 
 (o.) Is it to be an enforceable trust ? 
 
 (b.) When to cease ? 
 
 (c.) What are they to live on then ? 
 
 34. What is to be done if legatee imbecile, imprudent, 
 undischarged bankrupt, or living out of the country ? (7 B. & J. 
 738 ; 2 K. & E. 775.)
 
 Wills. 57 
 
 35. In contingent legacies provide for destination of income 
 and accumulations till contingency happens : (2 K & E. 783 ; 
 Re Dickon, 52 L. T. Eep. 70.7 ; 29 Ch. Div. 331 ; 54 L. J. Ch. 
 510; 33 W. B. 511.) 
 
 36. In contingent devises, the same with rents and profits : 
 (2 Jar. 850.) 
 
 37. Legacies and appointments may lapse, except under 
 Wills Act, ss. 32 & 33 (2 K. & E. 707.) 
 
 38. Should trustees keep up house for infants ? (2 K. & E. 
 791.) 
 
 39. Appoint a legatee of consumable goods, clothing, &c., if 
 residuary legatee non sui juris : (Th. 439 ; 7 B. & J. 762.) 
 
 40. In gift of life interest in furniture should there be an 
 inventory ? (2 K. & E. 690.) 
 
 41. Any gift over, if a beneficiary disputes will ? (Th. 420 : 
 2 K. & E. 828.) 
 
 42. Is widow's life interest to cease on remarriage ? 
 
 43. If so, gift over should fit both death and remar- 
 riage ? 
 
 44. Specify rate of interest on portions and time from which 
 it commences : (Lew. 453.) 
 
 45. As to interest on legacies : (7 B. & J. 739 ; 2 K. & E. 
 715.) 
 
 (a.) Especially during first year after testator's death 
 (Ib.) 
 
 46. Express separate use of married women : (W. 71 (a).) 
 
 47. State if legacies to servants are in addition to wages. 
 (W. 123.) 
 
 48. What servants are meant ? (Ib.) 
 
 49. Confirm settlement ? (W. 122.) 
 
 50. State if legacies in substitution for, or in addition to, 
 benefits under settlement. (Th. 541.) 
 
 51. State if legacy in exoneration of debt to testator or not. 
 (Th. 546.)
 
 58 Reminders for Conveyancers. 
 
 52. State if legacy in payment of debt from testator or not : 
 (2 K. & E. 713.) 
 
 53. Is appointment of debtor as executor to free him from 
 debt ? (Re Applebee, 65 L. T. Eep. 406 ; (1891) 3 Ch. 422 ; 60 
 L. J. Ch. 793 ; 40 W. B. 90 ; 2 K. & E. 841.) 
 
 54. If debt forgiven before will, declare this so as to avoid 
 duty: (2 K. & E., 687-8.) 
 
 55. Specific gifts of stock liable to be adeemed by change of 
 investment : (Th. 113.) 
 
 56. Specific gifts of chattels liable to be adeemed by 
 aale: (Ib.) 
 
 57. State if legacies to executors, &c., are independent of 
 their acting : (Wil. Ex. 1286 ; W. 122.) 
 
 58. Joint tenancy or tenancy in common intended ? 
 
 59. Should you give life interests to them as tenants in 
 common with remainder to survivor, as joint tenancy can be 
 severed ? (2 Jar. 851.) 
 
 60. Should you give joint tenancy for life with remainder to 
 their respective heirs or issue ? (Re Atkinson (1892) 3 Ch. 52; 61 
 L. J. Ch. 504; 40 W. E. 666.) 
 
 61. Gifts to charities (see 54 & 55 Viet. c. 73.) 
 
 62. The receipts of treasurers to be sufficient : (W. 122.) 
 
 63. If particular charity fails, has testator general charitable 
 object (Th. 279.) 
 
 64. Are life estates to be free of succession duty ? (7 B. & J. 
 739.) 
 
 (a) Or income tax ? 
 
 65. May trustees purchase an annuity for tenant for life P 
 (2 K. & E. 802.) 
 
 66. Are legacies, annuities, and rent charges to be free of 
 duty P (7 B. & J. 739 ; 2 K. & E. 705 ; W. 127.) 
 
 67. Is annuity for life of first taker only ? (Th. 366.) 
 
 68. Is it to cease on widow's remarriage ? 
 
 (a.) If so make gift over fit remarriage and death.
 
 Wills. 59 
 
 69. When is it to commence P (W. 123.) 
 
 70. May annuitant take capital set apart for annuity or not ? 
 (2 K. & E. 723.) 
 
 71. May investments, not authorised by investment clause, be 
 retained ? 
 
 72. Is legal estate to be in trustees or beneficiaries ? (Lewv 
 220.) 
 
 (a.) Remember analogy to statute of uses. 
 
 73. Should trustees be appointed for C. A. s. 42, or S. L. A. P 
 (2 K & E. 832.) 
 
 74. Is Trustee Act to be "excluded ? (51 & 52 Viet. c. 59, 
 s. 11.) 
 
 75. Are trustees to have power ? (7 B. 4 J. 919 ; 2 K. & E. 
 794, 802-3.) 
 
 (a.) To appoint bailiffs, agents, &c. 
 
 (6.) To cut timber. 
 
 (c.) To repair and insure. 
 
 (d.) To lease. 
 
 (e.) To open and work mines. 
 
 (/.) To pay off incumbrances, Ac. 
 
 (g.) To act as absolute owners P 
 
 76. Is trustee to have salary for trouble ? 
 
 77. It is liable to legacy duty : (Re TJwrley, 64 L. T. Rep. 515 ; 
 (1891) 2 Ch. 613 ; 60 L. J. Ch. 537 ; 39 W. R. 565.) 
 
 78. May trustees for sale purchase ? (W. 137.) 
 
 79. Give trustees power to decide questions, whether actually 
 raised or not : (2 E. & E. 505.) 
 
 80. May professional trustee charge for his trouble ? 
 
 81. How is legacy duty on his charges to be borne (Re- 
 Pooley, 40 Ch. Div. 1.) 
 
 82. Is trustee to have power of sale for purposes of division 
 of real estate ? (2 K. & E. 737.) 
 
 N.B. None implied. 
 
 83. Or power to allot parts of personalty directed to be sold ? 
 (2 K. & E. 739, 872.)
 
 60 Reminders for Conveyancers. 
 
 84. When is power; of sale to begin, and when to end? (lew. 
 681 ; 2 K. & E. 736 n.) 
 
 85. How is land contracted to be sold, or purchased, or 
 proceeds of sale to go? (7 B. & J. 850; 2 K. & E. 730, 
 801.) 
 
 86. If purchase not completed give trustees power to deal 
 with it: (7 B. & J. 926; 2 K. & E. 801.) 
 
 87. If hind to be sold and proceeds held as part of personalty, 
 say so : (Lew. 167.) 
 
 88. Anyhow, what are the trusts of the proceeds of 
 sale? 
 
 89. Is land to be converted for all purposes of the will ? 
 (Lew. 156.) 
 
 90. Give power to apportion charges or annuities charged on 
 property on sales by trustees or executors : (7 B. & J. 742, 
 925.) 
 
 91. Confine inalienable charges for married women to 
 particular estate or give ample powers for shifting them : (7 B. 
 A J. 739.) 
 
 92. Where power to postpone conversion or retain invest- 
 ments, state if merely given for realisation of estate or benefit 
 of some beneficiaries : (Sw. 1091.) 
 
 93. Is recommendation to be a binding trust ? If not, say 
 so : (Th. 602.) 
 
 94. Are leaseholds and reversions to be converted or enjoyed 
 in specie ? (2 K. & E. 741.) 
 
 95. When conversion to be with direction of tenant for life 
 is he to enjoy it in specie till sale ? (Re Lambert, 36 Solicitors' 
 
 Journal, 327.) 
 
 j, 
 
 96. Is tenant for life to have income during first year ? (2 K. 
 & E. 741.) 
 
 97. Is he to have income of funds applicable for debts, &c. 
 (2 K. & E. 742.)
 
 Wills. 61 
 
 98. Are leaseholds to go with freeholds or personalty ? (7 B. 
 & J. 736.) 
 
 99. If land charged with debts, is personalty to be 
 free? 
 
 (a.) Provide machinery for payment: (Th. 588.) 
 
 100. Any specific fund to bear debts in lieu of general 
 residue ? (2 Jar. 850.) 
 
 101. Should mortgages be paid off out of a sinking fund, or 
 by a sinking fund policy ? 
 
 102. May trustees mortgage for payment of debts ? (W. 
 135.) 
 
 103. Succession duty payable on converted realty : (51 Viet. 
 c. 18, s. 21 ; W. 128 ; 2 K. & E. 739.) 
 
 104. Should widow's legacy and debts, &c., be charged on 
 realty, and other legacies on personalty ? (2 K. & E. 
 739.) 
 
 105. Who is to appoint new trustees ? (W. 293.) 
 
 106. General words not implied in wills by C. A. s. 6 ; so 
 easements, &c., should be referred to : (7 B. & J. 842 ; 2 K. & 
 E. 694, 730.) 
 
 107. Are emblements to go to devisee ? (7 B. & J. 
 736.) 
 
 108. Where one estate devised in parcels, provide for custody 
 of common deeds, and for charges and easements : (7 B. & J. 
 739, 982.) 
 
 109. Do not refer to land by temporary description, such as 
 occupancy : (Th. 600.) 
 
 110. If accruing rents left to devisee or remainderman say 
 what is to be done with regard to outgoings : (89 L. T. 76 : 
 2 K. & E. 731 ; W. 140.) 
 
 111. Are expenses of leaseholds to be borne by income or 
 capital ? (2 K. & E. 294.) 
 
 112- How are fines, &c., on renewal of leases to be borne : 
 (Trustee Act, 1838, s. 11 : Lew. 408.)
 
 62 Reminders for Conveyancers. 
 
 113. How are fines on admittances to copyholds to be borne 
 when legal estate in trustees ? (Lew. 421.) 
 
 114. Trust estates in copyholds where trustee admitted do 
 not pass to executors : (50 & 51 Viet. c. 73, s. 45 ; W. 137.) 
 
 115. In devising copyholds, give power to appoint : (7 B. & J. 
 743 ; 2 K. & E. 734.) 
 
 116. General devise of copyholds by reference to settled 
 freeholds : (W. 147.) 
 
 117. Note rule in Shelley's case. 
 
 118. But rule in Archer's case, if heir can be treated as a 
 designated person (Evans v. Evans, 67 L. T. Rep. 152 ; (1892) 
 2 Ch. 173 ; 61 L. J. Ch. 456 ; 40 W. E. 465.) 
 
 119. Rule in Wild's case (a devise to A. "and his children," 
 where A. has none at time of devise, gives A. estate tail) : Th. 
 310. 
 
 120. This does not apply to personalty: (Th. 311.) 
 
 121. State if mortgages and charges to be borne by specific 
 devisee or legatee : (Th. 120 ; 2 K. & E. 729-30.) 
 
 122. Locke King's Acts apply to leaseholds, but not to 
 policies, and other personalty. 
 
 123. State if tenant for life to keep property in repair, as he 
 is not otherwise liable for permissive waste. 
 
 124. Exemption from liability for waste : (W. 147.) 
 
 125. Make gift over correspond with condition subsequent. 
 
 126. On a gift over on alienation, is it to include bankruptcy, 
 Ac.P 
 
 127. What length of residence required in a residence 
 condition ? (H. & J. 403.) 
 
 128. It is liable to be defeated by a lease or sale under 
 S. L. A. 1882, s. 51 : (2 K. and E. 728, 827.) 
 
 129. In a " name and arms " clause, note these points : 
 (H. & J. 402 ; W. 102 ; 2 K & E. 588.) 
 
 (a.) Describe exact event or act intended by testator. 
 (6.) Is name to be taken with any formalities ?
 
 Wills. 63 
 
 (c.) Has a person, who has previously assumed it, to go 
 
 through any further formalities ? 
 (d.) Is only first taker to do it ? 
 (e.) Is performance to precede resting, or non-performance 
 
 to divest ? 
 
 (/.) How long allowed for performance P 
 (g.) IB any notice to be given to devisee ? 
 (h.) Are the issue of a non-performer also to suffer ? 
 
 130. Mutatis mutandis (129) applies to other conditional 
 gifts. 
 
 131. If consent of third person required, how is it to be 
 evidenced ? 
 
 132. If third person cannot give consent owing to death, 
 lunacy, &c., what is to be done ? (H. & J. 404.) 
 
 133. If property in effect settled by will, see reminders on 
 settlements. 
 
 134. But in doing so remember that a will speaks from the 
 testator's death : (W. 146.) 
 
 135. Provide for all reasonable contingencies and non-occur- 
 rence of any contingency : (H. & J. 535.) 
 
 136. Provide for ultimate destination of property, if earlier 
 gifts fail : (2 K. & E. 777.) 
 
 137. Have a residuary legatee or devisee to sweep in 
 any remaining interests (including lapsed shares of 
 residue). 
 
 138. Inspect partnership articles in case any power in them 
 exercisable by will : (H. & J. 534.) 
 
 139. If executor a partner, should he have power to arrange F 
 (W. 137.) 
 
 140. If testator has no heir, have three witnesses for will of 
 realty : (Wil. Eeal. 155 (u).) 
 
 141. Warn testator against a beneficiary, or husband or 
 wife of one, witnessing will (Wills Act, s. 15.) 
 
 142. Primd facie all former wills and codicils should be 
 expressly revoked.
 
 64 Reminders for Conveyancers. 
 
 143. Avoid vague words, e.g. : 
 
 (a.) "Family," "relations," "cousins," "nephews," (Th. 
 601.) 
 
 (6.) " Month " for " calendar month." 
 
 (c.) '* Now " for " at the date of execution hereof " (as will 
 speaks from death.) 
 
 (d.) " Next-of-kin " (without defining when to be ascer- 
 tained.) 
 
 (e.) " Without having " or " without leaving children " or 
 " issue " (explain if children must survive parent or 
 not): 2K. & E. 761. 
 
 (/.) "Eldest son " or " younger children " : (2 K. & E. 761.) 
 
 (g.) " Unmarried," for " without having been married." 
 
 144. A widow has no preferential ,500 under Intestates Act, 
 1890, where 
 
 (1.) Any issue survive testator. 
 
 (2.) Where only partial intestacy : (Re Twigg's Estate, 
 
 66 L. T. Eep. 604 ; (1892) 1 Ch. 579 ; 61 L. J. Ch. 
 
 444 ; 40 W. E. 297.)
 
 CATALOGUE 
 
 OP 
 
 PUBLISHED BY 
 
 HOEACK COX, 
 
 Etmes 
 
 WINDSOR HOUSE, BREAM'S BUILDINGS, 
 LONDON, E.G. 
 
 1892.
 
 NOTICE. 
 
 for any of the following works, with 
 Post-Office Order for the amount, should be sent 
 to MR. HORACE Cox, Publisher, LAW TIMES Office, 
 Windsor House, Bream's Buildings, London, E.C., 
 by "whom they will be sent carriage paid, or they may 
 be obtained by order of ANY BOOKSELLER.
 
 LAW BOOKS, & ., 
 
 PUBLISHED BY 
 
 "LAW TIMES" OFFICE, 
 
 WINDSOK HOUSE, BREAM'S BUILDINGS, LONDON, E.G. 
 
 Cloth boards, price 3s. 6d. 
 
 'T'HE EMPLOYERS' LIABILITY ACT 1880, as applicable 
 -A- to England, Ireland, and Wales, with Decisions, Notes, and Explana- 
 tions. By R. M. MINTON-SENHOUSE, Barrister-at-Law, of the Inner 
 Temple. [1892. 
 
 8vo., price 7s. Gd. 
 
 THE LAW RELATING to the REMUNERATION of 
 COMMISSION AGENTS, with numerous Cases relating thereto. 
 By W. EVANS, B.A., Oxon., of the Inner Temple. [1892. 
 
 In paper covers, price 6d. ; in cloth, Is. 
 
 O ERVANTS and MASTERS. The Law of Disputes, Rights, 
 O and Remedies, in Plain Language. By a BARRISTER. [1892. 
 
 In limp cloth, price Is. 6d. 
 
 rriHE SMALL HOLDINGS ACT 1892. With General Sketch 
 JL of the Act, and Forms. By J. THEODORE DODD, Barrister-at- 
 Law, of Lincoln's-inn. [1892. 
 
 Wharton's Maxims. 
 
 LEGAL MAXIMS, with Observations and Cases. In Two 
 Parts. Part I. One Hundred Maxims, with Observations and Cases. 
 Part II. Eight Hundred Maxims, with Translations. By GEORGE FREDERICK 
 WHAHTON, Solicitor. Second Edition, price 5s. cloth. [1892. 
 
 a 2
 
 LAW BOOKS, <tc., PUBLISHED BY HORACE COX 
 
 Hallilay's Probate and Divorce Examination Questions. 
 
 A DIGEST of the QUESTIONS asked at the FINAL 
 EXAMINATION of ARTICLED CLERKS on the Law and 
 Practice of Wills, Probates, and Administrations, and on the Law and 
 Practice of Divorce and Matrimonial Causes, from the Commencement of 
 the Examinations in 1876 to the Present Time, with ANSWERS; to which 
 is prefixed a Summary of the Law and Practice thereon ; also the Mode of 
 Proceeding, and Directions to be attended to at the Examination, with the 
 Rules of the Honours Examination By RICHARD HALLILAY, Esq., of the 
 Middle Temple, Barrister-at-Law, Late Holder of an Exhibition awarded 
 by the Council of Legal Education, and also of the Studentship of the Four 
 Inns of Court. Author of "The Law and Practice of Conveyancing," 
 " The Proceedings in an Action," &c. Price 6s. post free. [1888. 
 
 LAW and PRACTICE APPERTAINING to ORIGINATING 
 SUMMONS, with Forms. By GEORGE NICHOLS MARCY and J. 
 THEODORE DODD, of Lincoln's-inn, Barristers-at-Law. Price 12s [1889. 
 
 THE ALLOTMENTS ACT, 1887, and the ALLOTMENTS 
 COMPENSATION ACT, 1887, EXPLAINED, with Notes, Forms, 
 and Precedents. By J. THEODORE DODD, M.A., Barrister-at-Law of 
 Lincoln's-inn, Standing Counsel to the Allotments and Small Holdings 
 Association, Author of " The Agricultural Holdings Act Explained," 
 " Burial and other Church Fees," " The Local Rights and Interest of Farm 
 Labourers," &c. Price 3s. 6rf. post free. [1888. 
 
 Price 3d., post 8vo. 
 
 A LLOTMENTS : How to Obtain them under the Allotment 
 -jL Act 1887, with a General Sketch of the Act. By J. THEODORE 
 DODD, M.A., Barrister-at-Law, Standing Counsel to the Allotment and 
 Small Holdings Association, Author of " The Settled Land Act Ex- 
 plained.^ [1887. 
 
 D ODD'S THE SETTLED LAND ACT 1882, with Ex- 
 planation, Notes, and Precedents. Also with the Rules and Forms 
 for Proceedings in Court, and an Appendix containing the Settled Estates 
 Act, 1877, the Conveyancing and Married Women's Property Acts, 1882, and 
 the Rules and Forms under the Conveyancing Acts. By J. THEODORE 
 DODD, M.A., Barrister-at-Law. Price 7s. 6d. [1883. 
 
 D ODD'S THE SETTLED LAND ACT, 1884, Explained, 
 with a Summary of the Cases decided on the Act of 1882, the 
 extension of the Act by the Agricultural Holdings Act, 1883, and with 
 Forms. By J. THEODORE DODD, M.A., Barrister-at-Law. Price 
 2s. 6d. [1884.
 
 AT BREAifS BUILD1NOS, LONDON, E.G. 
 
 D ODD'S AGEICULTUBAL HOLDINGS (ENGLAND) ACT, 
 1883, with Explanation, Notes, Forms, and Precedents, including 
 Precedents of Agreements for " Specific " and " Fair and Reasonable " 
 Compensation, and the " Farmer's Agreement," and an Appendix con- 
 taining the Act of 1875 (where it differs from the new Act). By J. 
 THEODORE DODU, M.A., Barrister-at-Law. Price 5s. [1883. 
 
 Peterson's Practical Statutes (Annually). 
 
 THE PEACTICAL STATUTES of the SESSION 1892 
 (55 & 56 Viet.), with Introductions, Notes, Tables of Statutes re- 
 pealed and Subjects altered, and a Copious Index. By J. S. COTTON, 
 Barrister-at-Law. Forty-fourth issue of the Series. Cloth, 10s. 6d ; 
 half-calf, 12s. 6d. ; calf, 13s. 6rf. [1892. 
 
 NJ3. The Vols. from 1858 to 1891 may also be had. Price 5s. a yolume 
 if complete set is taken. 
 
 Hallilay's Examination Questions. 
 
 A DIGEST of the QUESTIONS asked at the FINAL 
 PASS EXAMINATION of ARTICLED CLERKS on ALL 
 THE SUBJECTS, from the commencement of the Examinations to 
 the Present Time, with ANSWERS ; also a Time Table in an Action ; 
 and the mode of proceeding, and directions to be attended to at the 
 Examination, with the Rules of the Honours Examination. By RICHARD 
 HALULAY, Esq., of the Middle Temple, Barrister-at-Law, late Holder of 
 an Exhibition awarded by the Council of Legal Education, and also of 
 the Studentship of the Four Inns of Court. Author of " The Law and 
 Practice of Conveyancing," " The Proceedings in an Action," &c. Fifteenth 
 Edition, price 18s. [1889. 
 
 Saunders's Practice of Magistrates' Courts. 
 
 Fifth Edition, post 8vo., pp. 800, price 16s. 
 
 THE PBACTICE of MAGISTEATES' COUETS, including 
 the Practice under the Summary Jurisdiction Acts, 1848, 1879, 1881 ; 
 The Indictable Offences Act, 1848 ; The Quarter Sessions Procedure Act, 
 1849 ; and The Reformatory and Industrial Schools Acts, 1866, 1872 ; The 
 Criminal and Civil Practice of Quarter Sessions ; Appeals and other Pro- 
 ceedings in relation to Convictions and Orders in Courts of Summary 
 Jurisdiction, together with an Appendix containing the foregoing and 
 other Statutes relating to Magisterial Proceedings ; the Rules and Forms 
 under the Summary Jurisdiction Act, 1879; and the Regulations as to 
 Payment of Costs in Indictable Cases. By THOMAS WILLIAM SADNDEKS, 
 Esq., Metropolitan Police Magistrate. Fifth Edition. By JAMES A. 
 FOOT, M.A., of the Middle Temple, Barrister-at-Law. [1882.
 
 LAW BOOKS, &e., PUBLISHED BY HORACE COX 
 
 f^ROCKFORD'S CLERICAL DIRECTORY for 1892. (Pub- 
 V_y lished Annually.) Being a Statistical Book of Reference for facts 
 relating to the Clergy in England, Wales, Scotland, Ireland, and the 
 Colonies. It contains : 
 
 1. List of the ARCHBISHOPS and BISHOPS of ENGLAND and WALES, SCOTLAND, 
 
 IRELAND, and the COLONIES, from the origin of their Diocese to the present 
 time. 
 
 2. Full details of all CATHEDRAL, DIOCESAN, CAPITULAR, and COLLEGIATE ESTA- 
 
 BLISHMENTS. 
 
 3. A complete ALPHABETICAL DIRECTORY of all ARCHBISHOPS, BISHOPS, and CLERGY 
 
 of the CHURCH of ENGLAND at home and abroad, with the DATES of APPOINT- 
 MENT, VALUE of LIVING, POPULATION of PARISH or DISTRICT, particulars of 
 SCHOLARSHIPS, FELLOWSHIPS, UNIVERSITY HONOURS, PREVIOUS APPOINT- 
 MENTS, and LITERARY WORK. 
 
 4. An Index to all Benefices and Curac ; es in England, Ireland, Wales, Scotland, and 
 
 Chaplains abroad. 
 
 5. A coloured map of England and Wales divided into Dioceses. 
 
 CROCKFORD'S CLERICAL DIRECTORY is more than a Directory ; 
 it contains concise Biographical details of all the ministers and dignitaries 
 of the Church of England, Wales, Scotland, Ireland, and the Colonies, and 
 is a valuable book for general reference. Twenty-fourth Issue (published 
 annually), price 15s. 
 
 Price 3s. 6d.. post free, handy pocket size. 
 
 THE PRACTICE of INTERPLEADER by SHERIFFS and 
 HIGH BAILIFFS, with Acts, Rules, and Forms. By DANIEL 
 WARDE, of the Middle Temple, Barrister-at-Law ; formerly Solicitor of the 
 Supreme Court, and London Agent for the Officers of the Sheriff of 
 Lancashire. [1887. 
 
 \ PRACTICAL GUIDE TO THE BAR. Crown 8vo., cloth, 
 JL\ price 2s. 6rf. By T. BATEMAN NAPIER, LL.D. Lond., First 
 Class Law Honours London University, 1881 ; Incorporated Law Society's 
 First Prizeman, Trinity Term 1876 ; Scott Scholar, 1876 ; Conveyancing 
 Gold Medallist, 1876 ; Inner Temple Equity Scholar, Hilary Term 1881 ; 
 Senior Student in Jurisprudence and Roman Law at the Inns of Court 
 Examination, Hilary Term 1882 ; First Prizeman at Professors' Lectures 
 on Roman Law, &c., Hilary Term 1882 ; Honours at Bar Call Examination, 
 Trinity Term 1882; Joint Editor of "The Jurist," &c., and RICHARD 
 M. STEPHENSON, LL.B., Lond., Honours in Common Law and Equity, 
 Final LL.B. London University ; Honours in Jurisprudence and Roman 
 Law, Intermediate LL.B., Solicitors' Final, &c., Examinations ; Holder of 
 Inner Temple Equity Scholarship ; Joint Editor of " The Jurist," &c. 
 
 METROPOLITAN POLICE COURT JOTTLNGS. By A. 
 MAGISTRATE. Limp cloth, 8vo., price 2s., by post 2s. 2d. [1882.
 
 AT BREAM'S BUILDINGS, LONDON, E.G. 
 
 THE STUDENT'S GUIDE to the PRACTICE of the 
 SUPREME COURT of JUDICATURE ; embracing the new Rules 
 of Procedure in the form of Question and Answer. By JOHN F. 
 HAYNES, LL.D., author of " The Student's Statutes," " The Student's 
 Leading Cases," &c. Cloth, price 10s. 6d. [1883. 
 
 THE STUDENT'S GUIDE to the LAW of BANKRUPTCY. 
 Based upon the Bankruptcy Act 1883, and in the form of Question 
 and Answer. Limp cloth, 2s. 6d. [1883. 
 
 T^HE STUDENT'S GUIDE to the LAW and PRACTICE of 
 J_ PROBATE and DIVORCE, especially designed for the use of 
 
 Candidates for the Final and Honours Examinations of the Incorporated 
 Law Society. SECOND EDITION. By JOHN F. HAYNES, LL.D., F.S.Sc., 
 author of " The Student's Statutes." Price 6s. [1882. 
 
 rpHE STUDENT'S GUIDE to the JURISDICTION and 
 _1. PRACTICE of the ADMIRALTY SUB-DIVISION of the HIGH 
 COURT of JUSTICE, especially prepared for the use of Candidates for 
 the Final and Honours Examinations of the Incorporated Law Society By 
 JOHN F. HAYNES, LL.D., Author of the "Student's Statutes,' 1 the 
 " Student's Guide to the Probate a-nd Divorce Courts," and the " Student's 
 Leading Cases," &c. Demy 8vo., price 2s. 6d. ; post free, 2s. 7d. [1880. 
 
 THE SUMMARY JURISDICTION ACT, 1879, with Analysis 
 and Practical Notes ; The Summary Jurisdiction Act, 1848 (Jervis's 
 Act) incorporated therewith, to which are added The Criminal Justices 
 Acts, The Summary Proceedings before Justices Act, The Larceny and 
 Embezzlement Act, The Penal Servitude Act, The Prosecution of Offences 
 Act, 1879, The Prisons Act, 1879, with the New Rules and Forms. By 
 the late Mr. SERJEANT Cox. Price 7s. 6d. 
 
 The NEW RULES can be had separately, price 6d. 
 
 Post 8vo., price 8s. 
 
 A CONCISE VIEW of the PROCEEDINGS in an ACTION 
 in the CHANCERY DIVISION of the HIGH COURT of 
 JUSTICE, including the PRACTICE on APPEAL. Also a Summary 
 of the Proceedings in an Action in the Queen's Bench Division of the 
 High Court of Justice, showing in what particulars the Practice in an 
 Action in the Chancery and Queen's Bench Divisions differs. By RICHARD 
 HALLILAY, Esq., of the Middle Temple, Barrister-at-Law, late Holder of 
 an Exhibition awarded by the Council of Legal Education, and also of the 
 Studentship of the Four Inns of Court. Author of "A Digest of the 
 Examination Questions and Answers," " The Law and Practice of Con- 
 veyancing," &c. Second Edition. [1884.
 
 LAW BOOKS, Ac., PUBLISHED BY HORACE COX 
 
 Hallilay's Law and Practice of Conveyancing. 
 
 Post 8vo., cloth, price 8s. 
 
 A CONCISE TEEATISE on the LAW and PEACTICE of 
 CONVEYANCING. Together with the Solicitors' Remuneration 
 Act, 1881 (44 & 45 Viet. c. 44), and the Orders on Conveyancing Fees and 
 Charges. By RICHARD HALULAY, Esq., of the Middle Temple, Barrister-at- 
 Law, late Holder of an Exhibition awarded by the Council of Legal Educa- 
 tion, and also of the Studentship of the Four Inns of Court. Author of 
 " A Digest of the Examination Questions and Answers," &c. [1883. 
 
 Hallilay's Handbook for Articled Clerks. 
 
 HALLILAY'S AETICLED GLEBES' HANDBOOK, con- 
 taining a Course of Study for the Preliminary, Intermediate, Final, 
 and Honours Examination of Articled Clerks, and the Books and Statutes 
 to be Studied for each Examination ; also the Law relating thereto, and all 
 necessary Forms ; being a complete Guide to the Candidate's successful 
 Examination and his Admission on the Roll of Solicitors, to which are 
 added Papers of Questions asked at each of the several Examinations, 
 and a Glossary of Technical Law Phrases. By RICHARD HALLTLAY, Esq., 
 Barrister-at-Law, Author of " A Digest of Examination Questions and 
 Answers." Fifth Edition. Price 4s. cloth. [1881. 
 
 Cox's Principles of Punishment. 
 
 THE PRINCIPLES of PUNISHMENT, as applied in the 
 Administration of the Criminal Law by Judges and Magistrates. 
 By the late Mr. SERJEANT Cox. Price 7s. 6rf. [1877. 
 
 CONTENTS. 
 
 CHAPTER I. The Purpose of Punishment. 
 
 CHAPTER II. Crimes and Criminals. 
 
 CHAPTER III. The Principle of Punish- 
 ment. 
 
 CHAPTER IV. Legal Classification of 
 Crimes. 
 
 CHAPTER V. The Province of the Judge. 
 
 CHAPTER VI. Classification of Criminals. 
 
 CHAPTER VII. 1. Crimes of Wantonness. 
 
 CHAPTER VIII. 2. Occasional Crimes. 
 
 CHAPTER IX. 3. Crimes Involving 
 Breach of Trust. 
 
 CHAPTER X. 4. Crimes of Fraud. 
 
 CHAPTER XI. 5. Crimes of Passion. 
 
 CHAPTER XII. 6. Crimes of Violence. 
 
 CHAPTER XIII. 7. Crimes of Cruelty 
 and Brutality. 
 
 CHAPTER XIV. 8. Prevalent Crimes. 
 
 CHAPTER XV. The Character of the 
 Criminal. 
 
 CHAPTER XVI. Circumstances of Aggra- 
 vation. 
 
 CHAPTER XVII. Mitigation of Punish- 
 ment. 
 
 CHAPTER XVIII. Abuses of the Crimi- 
 nal Law. 
 
 CHAPTER XIX. Costs Compensation 
 Restitution. 
 
 CHAPTER XX. Juries and Verdicts. 
 
 CHAPTER XXI. Summary Convictions. 
 
 CHAPTER XXII. Payment of Penalties 
 and Costs Rewards Bail. 
 
 CHAPTER XXIII. General Bemarks on 
 the Administration of Criminal Justice 
 
 rpHE BILLS of SALE ACT (1878) AMENDMENT ACT, 1882. 
 JL Annotated by D. B. WILSON, M.A. Being a supplement to the 
 above work. Price Is. [1882.
 
 AT BREAM'S BUILDINGS, LONDON, E.G. 
 
 SEVENTH EDITION. 
 
 FOED on OATHS. Handbook for use of Commissioners, 
 Magistrates, and Solicitors in England, Ireland, Wales, Scotland, 
 and the Colonies, containing Special Forms of Jnrats, Oaths, &c. ; Forms 
 and Directions for use by Solicitors applying for Commissions ; New Com- 
 missioners for Oaths Acts, 1888, 1889, 1890, and 1891 ; Powers and Juris- 
 diction of Commissioners and other persons as affected by English and 
 Irish Judicature Acts, and by recent Oaths Acts. By CHARLES FORD, 
 F.R.S.L., Examiner in Admiralty, S.S.C. (Eng.). Price 3s. 6rf. by post. 
 
 [1892. 
 
 Hay ties' s Students' Statutes. Fourth Edition. 
 
 THE STUDENT'S STATUTES, being the Principal Pro- 
 visions of some of the more general Acts of Parliament, with Notes 
 of Important Decisions thereon, especially designed for the use of Students 
 of English Law. By JOHN F. HAYNES, LL.D., F.S.Sc. Price 18s. cloth. 
 
 [1889. 
 
 "Wilkinson's Every-Day Precedents in Conveyancing. 
 
 EVEEY-DAY PEECEDENTS in CONVEYANCING: a 
 Collection of Practical Forms designed for Professional Use, and 
 suited to the Emergencies of Actual Practice ; with Notes, and a Table of 
 Stamp Duties. By THOMAS WILKINSON, Esq., Solicitor of the Supreme 
 Court. Third Edition, re-edited and enlarged. Price 12s. 6d. [1881. 
 TABLE OF CONTENTS. 
 
 TABLE OF CASES. PRECEDENTS (continued). 
 
 
 
 Partnership Arrangements. 
 
 PRECEDENTS. 
 
 Powers of Attorney. 
 
 Acknowledgments . 
 
 Receipts. 
 
 Agreements. 
 
 Recitals. 
 
 Assignments. 
 
 Releases. 
 
 Attestations. 
 
 Statutory Declarations. 
 
 (I.) Deeds. 
 
 Surrenders. 
 
 (II.) Wills. 
 
 Testimoniums. 
 
 Authorities. 
 
 (I.) Simple Contracts. 
 
 Contracts. 
 
 (II.) Deeds. 
 
 Declarations of Trust. 
 
 (III.) Wills. 
 
 Equitable Mortgages. 
 
 Undertakings. 
 
 Guarantees. 
 
 Wills. 
 
 Indemnities. 
 
 Miscellaneous. 
 
 Leases. 
 
 
 
 Letters of Licence. 
 
 APPENDIX : Table of Stamp Duties. 
 
 Licences. 
 
 
 
 Memorials. 
 
 INDEX. 
 
 Notices. 
 
 
 COX'S ARTS of BEADING, WEITING, and SPEAKING. 
 Letters to a Law Student. By the late Mr. SERJEANT Cox. Re-issue 
 (Sixth Thousand). Price 7s. 6d. [1881.
 
 10 LAW BOOKS, Ac., PUBLISHED BY HORACE COX 
 
 Now ready, price 3s. Qd. by post. 
 
 THE LAW as APPLICABLE to the CRIMINAL OFFENCES 
 of CHILDREN and YOUNG PERSONS. By THOMAS WILLIAM 
 SAUNDERS, Esq. (Police Magistrate), and WILLIAM EDGAR SAUNDERS, Esq. 
 (Barrister-at-Law). T1887. 
 
 TABLE OF CONTENTS 
 
 CHAPTER I. The Liability of Children to Criminal Punishment. 
 CHAPTER II. Trial of Children under Twelve Years of Age. 
 CHAPTER III. With Beference to the Trial of Young Persons. 
 CHAPTER IV. Probation of First Offences Act. 
 CHAPTER V. Industrial Schools. 
 CHAPTER VI. Reformatory Schools. 
 
 Saunclers's Law of Warranties. 
 
 HPEEATISE on the LAW of WAEEANTIES and EEPEE- 
 JL SENTATIONS upon the SALE of PERSONAL CHATTELS. 
 By T. W. SAUNDERS, Esq., Police Magistrate. Price 6s. [1874. 
 
 MAEITIME LAW EEPOETS (New Series; published 
 Quarterly). By J. P. ASPINALL, Esq., Barrister-at-Law, in the 
 Admiralty Courts of England and Ireland, and in all the Superior Courts, 
 with a Selection from the Decisions of the United States Courts ; with 
 Notes by the Editor. 
 
 N.B. This is a continuation of the " Maritime Law Cases," placed under 
 responsible editorship, and is cited as " Aspinall's Maritime Cases " (Asp. 
 Mar. Gas.). Quarterly, price 5s. 6cL 
 
 Vols. I. to V. reprinting. Price 10 the five volumes, in half calf. 
 Vols. I. to IV. ready. 
 
 COX'S CEIMINAL LAW CASES ; in the Court of Criminal 
 Appeal, the Superior Courts, the Central Criminal Court, at the 
 Assizes, and in Ireland. Published Quarterly. Price 5s. 6d. 
 
 The Parts and Volumes, which commenced in 1844, can be had. It is 
 the only complete series of Criminal Cases published in England. An 
 Appendix contains a valuable collection of Precedents of Indictments. 
 
 COUNTY COUETS, EQUITY, and BANKRUPTCY CASES, 
 comprising the Decisions in Law and Equity administered in the 
 County Courts ; the Appeals from the County Courts ; the Judgments in 
 important Cases decided in the County Courts, and all the Cases in Bank- 
 ruptcy in all the Courts, from 1864 to the present time. 
 Published Quarterly, price 4s.
 
 AT BREAMS BUILDINGS, LONDON, B.C. 
 
 ONE HUNDEED EEMINDEES for DEAFTING WILLS. 
 Reprinted from the LAW TIMES, on stiff cardboard, ready for sus- 
 pension in the office. Price Is. 
 
 TJEMINDEES for ADVISING on TITLE. Eeprinted from 
 JLX the LAW TIMES, on stiff cardboard, ready for suspension in the 
 office. Price Is. 
 
 REMINDEES for DEAFTING MOETGAGES. Eeprinted 
 from the LAW TIMES, on stiff cardboard, ready for suspension in 
 the office. Price Is. 
 
 T>EMINDEES on DEAFTING MAEEIAGE SETTLEMENTS. 
 XX Pt. I. PERSONALTY. Reprinted from the LAW TIMES, on stiff 
 cardboard, ready for suspension in the office. Price Is. 
 
 T>EMINDEES on DEAFTING MAEEIAGE SETTLEMENTS. 
 
 X\ Pt. II. REALTY. Reprinted from the LAW TIMES, on stiff card- 
 board, ready for suspension in the office. Price Is. 
 
 Demy 8vo., price 10s. 6d. 
 
 A DIGEST of the LAW for the LNTEEMEDIATE EXAMI- 
 NATION of the INCORPORATED LAW SOCIETY done into 
 QUESTIONS and ANSWERS. By RICHARD M. STEPHENSON, LL.B., 
 Lond., Honours in Common Law and Equity, Final LL.B., London 
 University, Honours in Jurisprudence and Roman Law, Intermediate 
 LL.B., Solicitors' Final, &c., Examinations, Holder of the Inner Temple 
 Equity Scholarship, Joint Author of " A Practical Guide to the Bar," 
 " A Modern Digest of the Law on the subjects of Bankruptcy, Criminal 
 Law, Probate, Divorce, Admiralty, &c.," " A Digest of the Criminal 
 Law," &c. 
 
 The above Digest contains not only all the questions of importance which 
 have already been asked at the examination and answers to them, but also 
 questions and answers on every point of importance not yet touched on by 
 the Examiners, and in this respect differs from all others on the subject. 
 
 Post 8vo., price Is. 
 
 SHEEIFFS' OFFICEES and their FEES. The SHEEIFFS 
 ACT, 1887, and NOTES of USE to UNDER-SHERIFFS and their 
 LONDON AGENTS, and also to SHERIFFS' OFFICE tiS. By CHARLES 
 FORD, F.R.S.L., Solicitor, London, Examiner in Admiralty, Author of 
 " Ford on Oaths," " The Solicitors Acts," &c., &c.
 
 12 LAW BOOKS, <tc., PUBLISHED BY HORACE COX 
 
 Demy 8vo., price 15s. 
 
 AN ANECDOTAL HISTOEY of the BEITISH PARLIA- 
 MENT, from the Earliest Periods to the Present Time. With 
 Notices of Eminent Parliamentary Men, and Examples of their Oratory. 
 Compiled from Authentic Sources by GEORGE HENRY JENNINGS. 
 New Edition, with additions. [1892. 
 
 " As pleasant a companion for the leisure hours of a studious and thoughtful man 
 as anything in book shape since Selden." Daily Telegraph. 
 
 " Contains a great deal of information about our representative system in past and 
 present times, which it behoves all persons to know, and not a few useful political 
 lessons may be learned from its pages.'"- Daily News. 
 
 "It would be sheer affectation to deny the fascination exercised by the ' Anecdotal 
 History of Parliament ' now in our hands." Saturday Review. 
 
 T)EPOETS of CASES in the COUNTY COUETS included 
 JLV in Circuits Nos. 45 and 46, heard and determined by Henry James 
 Stonor, Esq., Judge of the said Courts, including recent Cases under the 
 Employers' Liability Act, with Notes and full Index. By HENRY 
 ANSELM DE COLYAR, Esq., of the Middle Temple. Author of a Treatise 
 on " The Law of Guarantees." Reduced to 2s. 6d. - [1883. 
 
 Cox's Law of Joint-Stock Companies. 
 The SEVENTH EDITION of the 
 
 LAW OF JOINT-STOCK COMPANIES and other Associa- 
 tions ; comprising the whole of the new Law relating to the Aban- 
 donment of Railways and the Winding-up of Railway Companies, as 
 contained in the Statutes relating to Joint-Stock Companies, the General 
 Orders and Rules of the Court of Chancery, and Decisions of the Courts of 
 Law and Equity; together with the Industrial and Provident Societies 
 Acts, and County Court Orders thereon, the Stannaries Act, and Rules, 
 with Notes as to the Mode of Procedure under them. By EDWARD W. Cox, 
 Serjeant at-Law, Recorder of Portsmouth. Seventh Edition, by Charles 
 J. O'MALLET, LL.B., Barrister-at-Law, of the Middle Temple. Published 
 at 1 Is., reduced to 10s. 6rf. [1870. 
 
 Wilson's Bills of Sale Act. 
 
 rpHE LAW and PEACTICE under the BILLS of SALE 
 JL ACTS, 1878 and 1882, comprising the Acts, Rules, and Forms, with 
 Notes on the General Law of Bills of Sale. Second Edition, enlarged. By 
 DAKCY BRUCE WILSON, M.A., of the Inner Temple, and North-Eastern 
 Circuit, Barrister-at-Law. Price 5s., by post, 5s. 3d, [1881.
 
 AT BREAM'S BUILDINGS, LONDON, E.G. 13 
 
 New General Rules upon Municipal Election Petitions. 
 
 THE MUNICIPAL CORPORATIONS ACT, 1882, with 
 Introduction, Notes, the New General Rules upon Municipal Election 
 Petitions, a Copious Index, &c. By THOMAS W. SAUNDEHS, Esq., Metro- 
 politan Police Magistrate, and WILLIAM E. SAUNDERS, Esq., Barrister-at- 
 Law. Price 7s. 6d. [1882-83. 
 
 Wharton's Law of Innkeepers, &c. 
 
 THE WHOLE LAW RELATING to INNKEEPERS, 
 LICENSED VICTUALLERS, and other LICENSED HOLDERS ; 
 being a Complete Practical Treatise on the Liability of Innkeepers as 
 Bailees, as well under the Licensing Acts ; with an Appendix containing 
 all the important Statutes in Force Relating to Innkeepers, a Complete Set 
 of Forms, and a Copious Index. By CHARLES H. M. WHAHTON, Esq., Barrister- 
 at-Law. Post 8vo., price 10s. 6d. [1876. 
 
 Saunders's Law of Bastardy. 
 
 THE LAW and PRACTICE of AFFILIATION and 
 PROCEEDINGS in BASTARDY ; containing The Bastardy Law, and 
 Amendment.Acts, 1872, 1873, and 1880 ; including Appeals to the Sessions, 
 reserving a case for the Court above, and Proceedings by Certiorari ; 
 with the Statutes and Forms issued by the Local Government Board, and 
 all the decisions upon the subject. By THOMAS W. SAUNDERS, Police 
 Magistrate. Ninth Edition. Price 6s. 6<f. cloth. [1888. 
 
 The Journal of the County Courts. 
 
 THE COUNTY COURTS CHRONICLE and GAZETTE of 
 BANKRUPTCY (Monthly, price Is. 6d.). 
 
 To enable it to treat more completely of the many matters on which the 
 Judges, Officers, and Practitioners require to be kept regularly informed, and 
 to give to it the importance which, as the Journal of the County Courts, and 
 their long-established official organ, it is entitled to assume, it has been 
 greatly improved and enlarged in accordance with the extension of the 
 Jurisdiction of the County Courts under 30 & 31 Viet. c. 142, 46 & 47 
 Viet. c. 52, 51 & 52 Viet. c. 43, and 53 & 54 Viet. c. 63. The Reports of 
 Cases relating to County Courts Law decided by the Superior Courts are 
 in octavo form, as more convenient for citation in Court. 
 
 Communications are specially invited to the department of " Queries," 
 which is designed to do for the County Courts what the Justice of the Peace 
 does for the Magistrates' Courts. 
 
 N.B. The COUNTY COUBTS CHRONICLE was commenced with the County 
 Courts. It is recognised as the official organ of the Courts.
 
 LAW BOOKS, <tc., PUBLISHED BY HORACE COX. 
 
 O AUNDLBS'S PUBLIC HEALTH ACT, 1875, 38 & 39 Viet. ; 
 k_7 including the Acts incorporated therewith, and the Artizans and 
 Labourers' Dwellings Improvement Act, 1875. By T. W. SAUNDERS, Esq., 
 Police Magistrate. 8vo., price 10s. 6rf. [1876. 
 
 PEECEDENTS OF INDICTMENTS; with a Treatise thereon 
 and a Copious Body of FORMS. By THOMAS W. SAUNDERS, Esq., 
 Police Magistrate. Price 7s. cloth. 1871. 
 
 COX'S MAGISTEATES', MUNICIPAL, and PAEISH LAW 
 CASES and APPEALS decided in all the Courts. (Published 
 Quarterly.) Vols. I. to XIII., from 1860 to 1886, can be had at' a reduced 
 rate by taking the whole set. 
 
 This series is issued immediately before each Quarter Sessions. 
 
 General Indexes to the Law Times Reports. 
 
 AGENEEAL INDEX to the SECOND TEN VOLUMES 
 of the NEW SERIES of the LAW TIMES REPORTS (Vols. XI. 
 to XX.) 1864 to 1869. It comprises : I. Index to Plaintiffs ; II. Index 
 to Defendants ; III. Index to Subjects of Cases. Price 8s. 6d. cloth ; 
 10s. 6d. half calf. 
 
 AGENEEAL INDEX to Vols. XXI. to XXX. (1869 to 1874) 
 of the NEW SERIES of the LAW TIMES REPORTS. It com- 
 prises : I. Index to Plaintiffs ; II. Index to Defendants ; III. Index to 
 Decisions Reversed ; IV. Index to Subjects of Cases. Price, 7s. 6d. cloth ; 
 10s. half calf. 
 
 AGENEEAL INDEX to Vols. XXXI. to XL. (1874 to 1879) 
 of the NEW SERIES of the LAW TIMES REPORTS, comprising: 
 I. Index to Plaintiffs ; II. Index to Defendants ; III. Index to Decisions 
 Reversed ; IV. Index to Subjects of Cases. Price 7s. 6d. cloth; 10s. half 
 calf. 
 
 AGENEEAL INDEX to Vols. XLI. to L. (1879 to 1884) 
 of the NEW SERIES of the LAW TIMES REPORTS. It com- 
 prises : I. Index to Plaintiffs ; II. Index to Defendants ; III. Index to 
 Decisions Reversed ; IV. Index to Subjects of Cases. Price, 7s. 6d. cloth ; 
 10s. half calf. 
 
 A GENEEAL INDEX to Vols. LI. to LX. (1884 to 1889) 
 J\. of the NEW SERIES of the LAW TIMES REPORTS. It com- 
 
 E-ises : I. Index to Plaintiffs ; II. Index to Defendants ; III. Index to 
 ecisions Reversed ; IV. Index to Subjects of Cases. Price 7s. 6d. cloth ; 
 10s. half calf.
 
 PUBLISHED on a separate sheet, large 8vo., for the convenience of 
 binding in portable separate volumes, with copious Indices. These 
 Reports are the earliest and moat complete. They are as follows : 
 HOUSE OF LORDS, by C. E. Maiden, Esq., Harris ter-at-Law. 
 PRIVY COUNCIL, by C. E. Maiden and Butler Aspinall, Esqrs. 
 Barristers-at-Law. 
 
 SUPREME COURT OP JUDICATURE. 
 
 Court of Appeal, by W. C. Biss, E. A. Scratchley, E. Manley Smith, J. H. 
 Williams, and Butler Aspinall, Esqrs., Barristers-at-Law. 
 
 HIGH COURT OP JUSTICE. 
 Chancery Division 
 
 Before Mr. Justice Chitty, by G. Welby King and H. M. Charters 
 
 Macpherson, Esqrs., Barristers-at-Law. 
 Before Mr. Justice North, by J. R. Brooke and J. Trustram, Esqrs., 
 
 Barristers-at-Law. 
 Before Mr. Justice Stirling, by L. S. Bristowe and W. Ivimey Cook, 
 
 Esqrs., Barristers-at-Law. 
 Before Mr. Justice Kekewich, by F. E. Ady and J. H. Bakewell, 
 
 Esqrs., Barristers-at-Law. 
 Before Mr. Justice Romer, by G. Macan and R. H. Dean, Esqrs., 
 
 Barristers- at-Law. 
 Queen's Bench Division 
 
 By Henry Leigh, W. H. Horsfall, W. W. Orr, Mervyn LI. Peel, T. R. 
 
 Bridgwater, and G. H. Grant, Esqrs., Barristers-at-Law. 
 In Bankruptcy, by Walter B. Yates, Esq., Barrister-at-Law. 
 Probate, Divorce, and Admiralty Division 
 
 Probate and Divorce Business, by H. Durley-Grazebrook, Esq., 
 
 Barrister-at-Law. 
 Admiralty Business, by Butler Aspinall, Esq., Barrister-at-Law. 
 
 CROWN CASES RESERVED, by R. Cunningham Glen, Esq., Barrister- 
 at-Law. 
 
 RAILWAY AND CANAL COMMISSION COURT, by W. H. Horsfall, 
 Esq., Barrister-al-Law. 
 
 Two volumes of the Reports are published each year. 
 
 N.B. The LAW TIMES is sent by Post to Subscribers paying in advance ; 
 or it may be had by order through all Booksellers and Newsmen. 
 
 The Reports in the LAW TIMES may be had separately if desired. The 
 LAW TIMES, at Ninepence per week ; the Reports, weekly, at One Shilling, 
 or in monthly parts, in wrapper, on the first of the month, price 5s. 
 
 The Cost of Binding the VOLUMES of the LAW TIMES and REPORTS, 
 in HALF-CALF is, 5s. 6d. for the LAW TIMES, and for the LAW TIMES 
 REPORTS. 5s. per vol. 
 
 PORTFOLIOS for preserving the current numbers of the LAW TIMES 
 and LAW TIMES REPORTS. Prices respectively 5. 6rf. and 3*. 6rf.
 
 PUBLISHED EVERY FRIDAY MORNING. 
 
 The LAW TIMES, as the Journal of the Law and the 
 Lawyers, has for nearly Half a Century supplied to the 
 Profession a complete record of the progress of legal reforms, 
 and of all matters affecting the legal profession and the 
 administration of the law. 
 
 Notes of Unreported Decisions are supplied by the re- 
 porters in the Courts, so that the latest law is brought to 
 the notice of the profession. 
 
 Notes for Noting-up. 
 
 Important cases in the County Courts, corrected by the 
 judges, are regularly reported. 
 
 The interests of Solicitors, which are a matter of much 
 importance, receive special attention. 
 
 THE REPORTS of the LAW TIMES are now recognised as 
 the most complete and efficient series published, containing, 
 as they do, many decisions of practical utility which are 
 to be found in no other publication. Their accuracy was 
 on more than one occasion remarked upon by that great 
 lawyer Sir George Jessel. 
 
 Mr. Justice Field remarked that he often failed to find cases, which 
 would have been valuable to him, reported in the Law Reports. He 
 found that cases in the Divisional Courts were not generally reported in 
 the Law Beports, except when they went to the Court of Appeal, and 
 were reported there. It appeared as if the reporters thought cases in 
 the Divisional Courts were not worth reporting. He found such cases 
 sometimes in the Law Journal, but most frequently they were only 
 reported in the LAW TIMES, or in The Times. Mr. Justice Manisty 
 concurred in these observations. (See Wright v. The Midland Railway 
 Company.) 
 
 TEEMS OF SUBSCRIPTION TO THE "LAW TIMES," 
 Which may be commenced from any time. 
 
 WITH REPORTS. 
 
 For one year (paid in advance) 214 
 
 For half-a-year (paid in advance) ..170 
 
 WITHOUT REPORTS. 
 
 For one year (paid in advance) 2 2 
 
 For half-a-year (paid in advance) 110 
 
 The above terms include Inland postage. The postage for Foreign and Colonial 
 Countries charged extra, according to the amount paid.
 
 SCHOOL OF LAV/ LIBRARY 
 UNIVERSITY OP CALIFORNIA
 
 UC SOUTHERN REGIONALUBRARYFACIUTY 
 
 A 000 681 594 8