UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY THE LEGAL CORRESPONDENT: (PART l), FRED. WOOD "I OF THE MIDDLE TEMPLE, BARRISTER-AT-[,AW, (LATE SOLICITOR) Author of (1) " Solicitors' Reports to Next-of-Kin and Residuary Legatees as to the Administrator's and Executor*' management, realization, and distribution (intermediate and final) of their intestate's or testator's estates respectively ; and (2) Special Estate Accounts referred to tJierein, together with detailed instructions for the preparation and completion thereof. Bonbon : W. STRAKER, 53, LUDGATE HILL, E.C. [Entered at Stationers' Hall]. 1889. PRICE TEN SHILLINGS & SIXPENCE, including Part 2; (As to intended contents of which vide Index). T L *> PREFACE SOLICITOR'S LETTER BEFORE ACTION. 1. The first step a Solicitor should take when instructed to com- mence an action, and it is a rule of courtesy adopted by the profession, is to address a letter to the person intended to be sued, stating, (1) claim or demand for which instructions have been received to commence an action against him, and (2) that if not satisfied within a given reasonable time proceedings will be resorted to, and (3) very frequently it contains a request that a Solr. should be named who will accept service of copy writ of summons on his behalf, in order to avoid the inconvenience of personal service. This courtesy, or letter before action, as it is technically termed, is never omitted, unless there is an expecta- tion that the party to be sued would, if he had notice of the intended action, keep out of the way to avoid service of copy writ, or other process. The cost of such a letter, if actually sent, is always allowed on taxation, but it cannot be recovered if the debt be paid before writ is issued. 2. Effect of omitting this demand may be (1) that Pit. will not obtain his costs, even if successful, or (2) may be ordered to pay whole costs of action. 3. It may naturally be asked "of what practical use can such a work as the present be to a Solicitor already well versed in the epistolary branch of his profession?," and to this very pertinent question the author will endeavour to give a satisfactory answer by showing conclusively that it will be a real economiser, and of invaluable assistance in the working of a Solicitor's office, on the following grounds, viz., (1) it con- tains forms of letters applicable to almost every class of business ordinarily transacted in an office of miscellaneous practice ; (2) forms of " letters before action " applicable to almost every cause of action will \ck\\t 1 ) IV. PBBFACB. be found therein, and the great advantage to a general practitioner of having all the forms classified for handy reference and use is to be found in the all-important fact that immediately he receives instructions to write the usual letter before action the precise form required in most cases can readily be selected, and from the instructions taken therefor even an ordinary clerk can prepare the necessary letter ready for his principal's signature, without the latter having to dictate or draft it preparatory to its being fair copied. 4. It may possibly be argued that only young beginners will find it useful as an aid to their efforts at composition, and that old experienced Solicitors know well enough, without the aid of such a work, how to write letters of this description impromptu, and what to put into them. The author does not, for one moment, presume to doubt the unqualified truth of the latter contention, but in answer to this claims that the great countervailing advantage would be found in the enormous saving of time and trouble in having ready at hand a complete set of business letters applicable to almost every branch, enabling the practitioner (whether young or old) to select, at a moment's notice, the particular form of letter suited to the case upon which he has received instructions, thereby ensuring (with a minimum of work) a punctual despatch of all his letters, and avoiding the danger of any arrears in the correspondence department of his office. Another feature not to be lost sight of in thxis having such a work for ready reference is that his labours in keeping pace with this very important department of the legal machinery of his office would be thereby very much facilitated. * In the face of these arguments the author, Avith all due deference, ventures to think that the work will enable the Solicitor to frame a letter applicable to almost every case that will occur, adapting them, in special cases, to the ex- ceptional circumstances wherewith he has to deal. More critical readers could hardly be found than the members of the legal profession, nor men better able to say unhesitatingly whether such a book is wanted ; and, if so, whether the one before them meets that want in any degree. It is sincerely trusted that they will be well-disposed towards an earnest attempt to compile a work supplying the want, if not wholly, at all events partially. Under any circumstances the author sincerely hopes that it may have accorded to it the indulgent consideration of the pro- fession, and that it may be found to be of some assistance in carrying out the object for which it has been compiled. In dealing with the sub- PREFACE. V. ject the author has deemed it prudent to incoi'porate herein a carefully prepared alphabetical schedule of all the special cases wherein, as a con- dition precedent, and in order to complete his cause of action, the Plaintiff, or his Solicitor on his behalf, must (1) before the commence- ment of an action give one ^usually) calendar month's notice to the Deft., and (2) prove such notice, otherwise he cannot recover. (5). The author has deemed it advisable to also incorporate herein very brief sketches of the law as to (1) private letters ; (2) when letters operate as a binding agreement for the sale and purchase of an estate, and (3) the effect of letters written " without prejudice" in the hope that same may be serviceable for reference, if and when required. '2, MIDDLE TEMPLE LANE, E.T., 15th January, 1889. 10 CASES WHEREIN NOTICE BEFORE ACTION IS REQUIRED. 1. COMMISSIONERS OF HER MAJESTY'S CUSTOMS Against any person (Customs or Excise Officer) acting under their direction for anything done by him in the execution of his duty or office. 2. COMPTROLLER IN BANKRUPTCY, &c. 3. CONSTABLE Who has acted under a Justice's Warrant ; (1) a written demand of perusal and copy thereof, signed by Pit. or his Solicitor, must be made, or left at his usual place of abode, and (2) if not granted within six days, Pit may com- mence his action against Constable alone, but if granted he must (3) join Justice as a co-Deft., and (4) mere production of warrant at trial will entitle Constable to a verdict, though if Justice had no jurisdiction Pit. will recover against him. 4. EMPLOYERS' LIABILITY ACT, I860 (43 & 44 Viet, c 42, s. 4). 1 A written notice (Moyle v. Jenkins, 51 L. J. 112, Q. B. ; Keen \. Alillwall Dock Co., 51 L. J, 277, Q.B.) in respect of any injury under said Act must be given within six weeks, and state (1 ) name and address of injured party ; (2) cause of injury in ordinary language, and (3) date on which it was sus- tained, but 2 In case of death within 12 months omission to give it is not to be fatal, if Judge thinks there was reasonable excuse for not giving it. 3 Defects and inaccuracies are in Judge's discretion, and not to be deemed fatal (B. 7). 5. JUSTICES OP PEACE ; for anything, &c., (vide par. 1). . MUNICIPAL CORPORATION As a rule a month's notice must be given preliminary to bringing an action against same. 7. OFFICERS OF (1) THE ARMY, (2) MARINES, (3) NAVY, & (4) OTHER OFFICIALS; for anything, &c., (vide par. 1). NOTICE BEFORE ACTION REQUIRED. Vll. 8. SOLICITOR & CLIENT A Solicitor must one calendar month before he commences an action to recover his bill of costs, (1) deliver, or (2) send to party charged therewith, a bill of his charges, disbursements and fees, signed by such Solicitor, or his Admor., Exor., or Assnee., or (3) enclosed in, or accompanied by, a letter, signed by him, and referring to such bill (6 & 7 Viet., c. 73, ss. 37-8). But a Solicitor may set off amount of his undelivered bill in an action brought against him by his Client (Brown v. Tibbetts C. L. 385), and a Judge may order an action to be brought before expiration of said month, on proof that (1) client is about to become bankrupt, (2) compound with his Creditors, (3) quit England, or (4) do any other act, or (5) take any other steps which may tend to defeat or delay Solicitor in obtaining payment (s. 48). 9- SURVEYOR OF HIGHWAYS ; for anything, Ac., (vide par. 1). 10. TROVER Before commencing such an action, where (1) Dft. is in possession of goods claimed, and (2) there is no evidence of an actual conversion, a demand thereof should be made, and if Dft. refuses to deliver them up, this will be evidence of a conversion so as to support action. EPITOME OF THE LAW AS TO PRIVATE LETTERS. The property which a receiver of a private letter has in it is of a qualified kind, and does not go beyond the purpose for which it was sent. The Chancery Divn : of the High Court of Justice will therefore restrain by in- junction the publication of a private letter, whether of a literary character or otherwise, where the publication is attempted without the author's consent, unless such publication is necessary for the vindication of the receiver's character: (Earl of Lytton v. Davey, 52 L. T. Rep. N. S. 121.) WHEN LETTERS OPERATE AS A BINDING AGREEMENT FOR THE SALE AND PURCHASE OF AN ESTATE. 1. When they contain all the particulars necessary to form a contract, as (1) a description of the property sold, (2) price, &c. '2. There must also be an offer on one side, and an acceptance on other, without introducing any new stipulation, or any exception. 3. If letters merely amount to a treaty, neither party can enforce them : (Kennedy v. Lee, 3 Mer. 441). 4. E.g., (1) If A writes to B, offering him 5,000 for the purchase of his (B's) freehold house in Berkeley Square ; (2) B replies, accepting offer, and adding that he will instruct his Solrs. to prepare a formal agrt. ; (3) A and B differ afterwards upon details thereof, and none is signed ; (4) specific performance of contract can be forced at the suit of either party by the issue of a Writ in Viii. NOTICE BEFORE ACTION REQUIRED. the Chancery Div. for sp. pfce. (36 and 37 Viet., c. 66, s. 34), as there is a complete agrt. by letters, and sending them to a Solr. to prepare a formal agrt. does not alter parties rights : (Fmcle v. Freeman, 9 Nes. Jun. 361 ; Kennedy v. Lee, supra). EPITOME OF THE LAW AS TO LETTERS WRITTEN " WITHOUT PREJUDICE." 1. Generally neither letters written " without prejudice," nor replies thereto, though not similarly guarded, can be used as evidence : Paddock v. Forester, 3 M. & Gr. 903: Hoghton v. Hoghton, 15 Beav. 278, 21 L. J. Ch. 482, 725, 728, and see In re Jiiver Steamer Co. L. R. 6 Ch. 822. 2. So where a correspondence was begun with a letter written " without pre- judice," that covers the whole correspondence: Ex parte Harris, 44 L. T. Bkty. 33. 3. Offers made " without prejudice " have, however, sometimes been allowed to be given in evidence for the persou making the offer, to show a willingness to settle the dispute. Jones v. Foxall. 15 Beav. 388, 21 L. J. Ch. 725 : Williams v. Thomas, 2 Dr. & P. 29 : 31 L. J. Ch. 674. INDEX MISCELLANEOUS LETTERS. ARBITRATIONS. Letters between Plaintiff's and Defendant's Solicitors, and Arbitrator's letters and receipts for documents during course of an Arbitration. Special letters from Solicitors to a Colliery Proprietor to Solicitors for owner of damaged property respecting compensation therefor. PAGE. 1. D. S. undertaking to accept service of copy Writ ... ... 1 2. ,, Returning Writ, endorsed with acceptance ... ... 1 3. ,, With (1) Memorandum, and (2) notice of appearance ... 1 4. A. to P. S. Arbor's acceptance of appt. ... ... ... 1 5. ,, ., receipt for copies of (1) Order of Reference, and (2) Writ ... ... ... ... ... 1 6. D. to P. S. One week's notice of appt : before Arbor, wanted ... 1 7. ,, Request to produce documents for inspection ... 1 8. Arbor's, appointment to proceed with reference ... ... 2 1). ,, letters to said Solicitors therewith ... ... ... 2 10. A. S. to P. S. A's. notice of enlargement of time for making award 2 11. ,, and D. S. Notice that award is ready ... ... 2 12. ,, Notice to produce documents not produced on reference . ... ... ... ... 2 13. Arbor's Solicitor's notice that award is ready ... ... 2 14. D. S. to P. S. Request for copy Award ... ... ... 3 15. D. S. to P. S. Receipt for copy Award ... ... ... 3 16. Arbor & notice to Solicitors for PH. and Dft. of his intention to pro- ceed with reference (another form) ... ... ... 3 17. Notice to Dft.'s and Purchaser's Solicitors respectively, of (1) entry of Judgment under an Award, and (2) intention to register same. ... ... ... ... ... ... 3 18. Notice thereof to Purchaser ... ... ... ... 3 I'.}. Proposal to refer question of damage to property, through mining operations, to arbitration ... ... ... ... 16 20. Nomination of Owner's Arbitrator ... ... ... 17 21. Special reply as to course to be adopted ... ... ... 17 ASSIZES AND SESSIONS. 1. Letter to Governor of a Gaol to send over a P. C. to Quarter Sessions or Assizes to prove a previous conviction against a prisoner ... ... ... ... ... 4 X. INDEX. PAGE. 2 Notice to a Crown witness to attend at Assizes ... ... 4 3. Request to a friend to give evidence as to character of prisoner indicted for manslaughter arising out of a colliery accident ... 4 CERTIFICATES. 1. To Vicar for a Baptismal Certificate ... ... ... 5 2. ,, for a Marriage Certificate ... ... ... 5 3. with fee therefor ... ... ... ... 5 COM POSITION WITH CREDITORS. 1. Circular letter to Crs convening a General Meeting, to enable Dr. to produce a statement of his affairs and, if practicable, propose an arrangement for the discharge of his liabilities ... ... i> CONVEYANCING.- 1. P. S. to V. S., for Abstract of title ... ... ... 5 2. V. S. to P., with Abstract ot title .. ... (> 3. V. S. to P. S., with an appt. to examine Abstract with Deeds .... 6 4. V. S. to P. S., with Supplemental Abstract... ... ... 6 5 P. S. to V. S., with draft agrt. of sale. ... ... ... 6 6. V. S. to P. S., with an appt. to exchange agrts. ... ... (} 7. P. S. to V. S., with Requisitions upon title... ... ... 6 8. V. S. to P. S., for Abstracts for reference to enable V. 8. to reply to Reqs. ... ... ... ... ... 7 9. ,, ,, with Replies thereto ... ... ... 7 10. ,, ,, ... ... ... 7 11. ... 7 12. ,, ,, with Replies thereto, where there has been unreasonable delay ... ... ... ... ... ... 7 13. V. S. to P. S., with Draft Covt. to surrender for perusal ... 7 14. P. S. to V. S., with Draft Conveyance for perusal. ... ... s 15. V. S to P S., with Draft Cyce. approved, and for engrossment for exam. ... ... ... ... ... ... 8 16. V. S. to P. S., with Draft Cyce., and Engrossment for exam. ... $ 17. V. S. to P. S., Ultimatum respecting unwarrantable delay ... 8 18. ,, ,, Letter threatening to issue a Summons under ' 'Vendor and Purchaser Act," 1874, &c. ... ... ... 8 DAMAGES. 1. Application for damages for false imprisonment (short form) ... 10 2. To a firm of Cotton Spinners for Compensation for injuries sustained by an employee during work ... ... ... 10 3. To Owner of a Conveyance for damage to another Conveyance, &c., through negligent driving ... ... ... ... 11 4. For trespass by fowls, and for discontinuance thereof ... ... 11 5. By a father on his infant son's behalf for damages for a dog-bite ... 11 (I. Another form of such application ... ... ... 12 7. For an assault. ... ... ... ... ... 12 8. For injuries sustained through falling into an unguarded hole ... 12 9. For an illegal distress by a landlord ... ... ... 13 10. For breach of promise of marriage ... ... ...18 INDEX. XI. 11. Series of Special Letters to Colliery Proprietors and their PAUB. Solicitors respecting claim for damages, &c., for injuries to cottages caused by mining operations ... ... ...13-10 APPLICATIONS TO (1) BAILWAY AND (2) STEAMSHIP COS. FOB DAMAGES. 1. For personal injuries sustained by a married woman ... ... 18 2. As to their proposal for a settlement ... .... ... 10 3. To S.S. Co. for loss and personal injuries alleged to have been sustained by a cattle dealer through a collision between two of their steamers plying between -and ... ... ... 1'.) 4. 2nd letter showing how amount of pecuniary loss was made up, pursuant to Co.'s Solicitor's special request ... ... 20 5. Final application to said Co. for a settlement ... ... 20 6. For value of goods undelivered ^ short form) ... ... 21 DEBTORS AND SURETIES. (1) Offer on a Dr.'s behalf to pay debt by instalments ... ... ... ... ... 21 2. Application on behalf of a Surety to his Co-surety for payment of latter'* contributory share of amount guarauteed paid under a Writ of Fi. Fa ... ... ... ... ... 21 DEBTS. 1. To a School Committee for payment of a School Master's salary ... '2'2 1NDK.X. DOMESTIC DIFFERENCES PAGE. 1. Application on behalf of a father, demanding return home of his infant daughter ... ... ... ... ... 23 2. To a father-in-law respecting his daughter's unjustifiable departure from her home ... ... ... ... ... 24 3. To a husband, for his wife's maintenance, &c. ... ... 24 4. Repudiation of husband's liability for his wife's maintenance whilst living apart ... .. ... ... ... 25 EXECUTION 1. To Pit. respecting an illegal levy under an Exon. issued by him against a Dft. upon whom copy writ had not been personally served ... ... ... .. ... ... 22 GOODS- 1. For return of Goods purchased from a prisoner's wife during his imprisonment ... ... ... ... ... 20 HORSE CASES 1. To Society, on behalf of owners of a horse for grounds of ob- jection lodged against him as 1st prize winner ... ... 26 INSURANCE COMPANY CASES 1. Policy-holder's notice to Co. of Arbitrator's appointment f ,o adjudicate upon disputed claim ... .. ... ... 27 2. Letter to an Agent demanding performance of his bond to Co. for due performance of his duties... .. ... ... 27 3. Letter to said Agent on discovery of further defalcations ... 28 LANDLORD AND TENANT 1. To Tenant as to illegality of his notice of intention to quit ... 28 2. For payment of a premium for giving up possession of a house without customary notice to quit ... ... ... 29 3. By Tenant for compensation for a Landlord's breach of contract to let a house ... ... ... .. ... 29 LESSOR'S AGENT'S NOTICES TO LESSEE AS TO DUE DATE OF CHIEF OR GROUND RENT 1. Notice of rent audit ... ... ... ... ... 30 2. No. 1 demand note on default in payment ... ... ... 30 3. ,, ... ... ... 30 4. Letter with a/c annexed, reminding Lessee of due date... ... 30 5. Lessee's letter to Lessors, with cheque for rent ... ... 31 LETTER BEFORE ACTION Professional rule of courtesy concerning same ... ... iii. INDEX. Xlll. LOST GOODS in transit. PAGE. 1. For value of goods lost by a Bway. Co. ... ... ... 25 2. To a Bus Proprietor for value of goods lost by Conductor thereof ... 25 MORTGAGES 1. To Mortgagor, with Mortgagee's Schedule of and receipt for title deeds of mortgaged premises ... ... ... ... 31 2. To a Mortgagee, for loan of title deeds, &c. ... ... ... 31 3. Special letter to Lessor asking for a reduction of ground rent payable by a Mortgagee in possession whose security has proved inadequate ... ... ... ... ... 31-4 NOTICE BEFOBE ACTION Cases wherein same obligatory ... ... ... ... 6-8 PABTNEBSHIP 1. Letter demanding a dissolution ... ... ... ... 34 2. Special letter on behalf of one partner to another as to (1) latter's in- vestment of additional capital, and (2) a re-arrangement as to former's share of profits ... ... ... ... 35 SLANDEB Letters demanding retraction 1. Special letter to a tradesman demanding retraction of a slander con- cerning a fellow tradesman's solvency ... ... ... 3G 2. Slanderer's apology in former case ... ... ... 37 3. (another form) ... ... ... 38 4. Another form of special letter demanding retraction of a slander on behalf of a well-established tradesman, concerning whose solvency false rumours had been circulated ... ... ... 38-9 5. Solicitor's reply to letter demanding retraction of slander in prece- ding case by a Commercial Traveller uttered to his employers ... 39 6. Of a slander ; ordinary form ... ... ... ... 40 7. On behalf of owners of a prize-horse, who had been slandered ... 40 8. To a Master for slandering an Apprentice ... ... ... 4l 9. Of an unfounded charge of passing base coin ... ... 41 10. By Mother against Daughter ... ... ... ... 42 11. To a person who has slandered and used threatening language to person with whom he lodged ... ... ... ... 42 SOLICITOR TO CLIENT. 1. Circular letter to client with bill of costs ... ... ... 42 2. Solr.'s Exor.'s notice as to continuance of practice ... ... 43 WABBANTY (BBEACHES OF) 1. Application for return of amount paid for an unsound horse, guaranteed sound on sale thereof ... 43 XIV. INDEX. ADMINISTRATION AND EXECUTORSHIP LETTERS PRIOR TO AND INCLUDING FINAL DIVISION OF AN ESTATE. AGREEMENT FOR SALE OF A TESTATOR'S FREEHOLDS PAGE. 1. Special reply (refusal) to Railway Co.'s Solicitors, who wanted Vendors to convey mines under purchased premises specifically, no specific mention being made of them in said Agreement ... 05 BENEFICIARIES 1. Circular letter to them for (1) particulars of their relationship to Testator, and (2) formal legal proof thereof ... ... 48 2. With an appointment for an interim division of cash at Bankers ... 49 3. With an appointment for a further interim division of cash at Bankers ... ... ... ... ... 49 4. With an appointment for a conference to consider a disputed claim against Testator's estate ... ... ... ... 50 5. With official Report of Court of Inquiry appointed by Marine Department of Board of Trade as to formal investigation into circumstances attending supposed loss of a British steam-ship, whereof a deceased beneficiary was Captain, and for beneficiaries decision as to course of action intended to be adopted ... 50-1 6. With an appointment to consider and finally decide upon course of action intended to be adopted with reference to claim of said Captain's widow and child ... ... ... ... 52 7. Report to her Solicitor as to resolutions passed at said meeting _ 52 8. For an appointment for a conference respecting a doubtful claim by Admix, with will annexed of a Testator's son ... ... 53 9. To Residuary Legatees explaining reason of delay in winding up Testator's affairs ... ... ... ... ... 53 10. Supplemental letter to them ... ... ... .. 53 11. Notice of appointment for a final division of Testator's residuary estate ... ... . ... ... ... ... 54 12. Circular letter to B. with copy Will, &c. t for his perusal and use ... 54 13. Special circular letter to importunate beneficiaries (1) with an ap- pointment for a final distribution, (2) explaining fully causes of unavoidable delay in winding up Testator's affairs, and (3) appeal for a special remuneration to an Exor. for his loss of time and trouble in attending thereto ... ... ... ... 54-5 CHIEF RENT 1. Exor. 's Solicitor's letter with cheque therefor, and a/c annexed ... 71-2 CREDITORS 1. Special Letter or Report submitted to a Testator's Crs., where Exors. are unable to pay his debts forthwith, explaining (1) position of his estate, and (2) with a request for further time for payment of their claims, until Exors have had an opportunity of realizing a portion thereof wherewith to pay ; a/c of Testator's personal estate to accompany said report ... ... 56-8 INDEX. XV. 2. Supplemental circular letter to Crs., who have failed to reply to first PAGE. letter, for their final decision ... ... ... ... 58 3. To Crs. for particulars of their claims, to enable Exors. to claim a deduction of debts before swearing affidavits, &c. ... ... 59 4. Circular letter to Crs., with Exors. cheque for amount of their respective claims ... ... ... ... ... 60 5. Application for claim for services rendered to a Testator ... 60 DEBTS 1. For a debt owing to a deceased Doctor's Exors. ... ... 61 2. For a debt owing to a deceased Tradesman's Executrix ... 62 3. Circular letter sent by Exor.'s Solicitor to Testator's yearly Tenants, reminding them of due date of rent ... ... ... 62 4. Final notice to a yearly Tenant in arrear ... ... ... 62 5. Application to Tenant for rent due to Exorp. under his agrt. with Testator ... ... ... ... ... 63 6. Ordinary letter before action for payment of a debt, either forthwith, or by instalments to be agreed upon ... ... ... 63 DETINUE 1. Application on behalf of children of a deceased for delivery up of her goods, alleged to have been illegally taken away by her sister 09-70 FUNERAL 1. Exors. invitation to Testator's friends to attend funeral ... 44 INSURANCES 1. Notice to Local Agent of an Insurance Co. of death of assured ... 70 2. Application for payment of proceeds of a policy ... ... 70 INTESTACIES, &c. (Applications) 1. To an Intestate's Cr. to forbear proceedings against former's widow 73 2. To an Intestate's brother to deliver up estate to Widow, (who had been living apart from her husband), to enable her to apply for a Grant of Letters of Admon. thereto ... ... ... 73 3. Peremptory special application by Solicitor of an Admix, for im- mediate delivery to him by Intestate's former Solicitor of latter's billH of costs, and all papers, &c., relating to business transacted for deceased ... ... ... ... ... 74 4. Application by same Solicitor to Intestate's sister for information respecting estate, &c ... ... ... ... 75 5. To Crs. of an Intestate Tradesman, asking for a discount of 10 9 / 8 for cash down, paid by Admor. out of his own money, pending realization of estate ... ... ... ... 75-6 6. With particulars of claim to a wholesale customer, and for payment of amount on behalf of Admix, of a deceased Tradesman ... 76 7. .Supplemental letter, in event of No. 6 being ignored ... ... 76 8. By Solicitors to one of Her Majesty's Vice-Consuls in America to English Solicitors enquiring for next-of-kin of a wealthy Intestate who died there ... ... ... ... ... 77 9. Special Letter to Admix, (prior to final settlement of an Intes- tate's affairs) by Solicitor who had been entrusted with the entire management and realization thereof, in consequence of their complicated character, on behalf of Admix., with Balance Sheet and other papers for perusal, <&c. ... ... .. 78 XVI. INDEX. LANDLORD AND TENANT PAGE. 1. Circular letter sent by Exors. Solicitor to Testator's yearly Tenants reminding them of due-date of rent ... ... ... 62 2. Final notice to a yearly Tenant in arrear ... ... ... 62 3. Application to Tenant for rent due to Exors. under his agreement with Testator ... ... .. ... ... 63 LEGATEE S- 1. To Testator's nephew (resident at a distance) informing him that he is a Legatee under former's will ... ... ... 61 2. With an appointment to pay legacy, and sign official receipt. ... 61 LETTERS 1. Agreement by ... ... ... ... ... vii. 2. Injunction to prevent publication of ... ... ... vii. 3. When they operate as a binding agreement for the sale and purchase of an estate ... .. ... ... vii. 4. Written without prejudice ; epitome of law thereon ... ... viii. PROBATE 1. With appt. to be sworn to affidavits for Grant of Probate ... 44 RESIDUARY A/C 1. To Controller of Inland Revenue with (1) Residuary a/c and (2) Schedule thereto (if any) for assessment of duty ... ... 72 2. To said Controller as to a/c returned for amendment... ... 72 H. To said Controller with amended a/c ... ... ... 72 4. To Recr. Genl. with cheque for duty assessed ... ... 73 SALE OF AN INTESTATE'S BUSINESS, end you draft proposed Co \t. to Surrender for perusal on behalf of your Client and his mtgeo. without prejudice to my Client's position, and es- I>ccial]y with regard to the Ke<|s. and Ohsns. ou title remaining unanswered, or not satisfactorily answered. (14) With Draft Conveyance for perusal. Enclosed we beg to send Draft Conveyance, for your perusal herein, and shall IK- glad to receive same back approved at your early convenience, to enable us to arrange an appointment for completion in due course. V. S to P. S (15) With Draft Conveyance approved. Enclose .1 \\e beg to return the Draft conveyance herein approved, as altered in red ink, and shall be glad to receive engrossment thereof for examination, and our Client's subsequent execution, at your early convenience. P. S. to V. S. (16) With Dft. Cyce. and engrossment for exam. &C. Herewith we beg to send draft conveyance and engrossment thereof for examination, and subse7juent cxeciition by your client, and shall be glad to receive an early appt. for completion, to enable us to arrange with our client in due course. 17. Ultimatum to P. S. respecting- unwarrantable delay This matter has now been standing over for nearly (four) months beyond the time fixed at your Client's request for completion. In order to meet you, and bring the matter to an amicable conclusion, we now offer to obtain our Client's execution of a release in the enclosed form. If we do not hear from you on or before next, we shall conclude that you decline our offer, and shall consider it as withdrawn. We shall then have no other course left but to apply to, and have the matter settled by the Court, under the "Vendor and Purchaser Act, 1874." We trust however, that you will see your way to accept our offer, and thus obviate the necessity for the adoption of this unpleasant course. V. S. to P. S. (1H) Letter threatening 1 to issue a Summons under Vendor and Purchaser Act, 1874, &c. Herewith we return your dft. Covt. to Surrender, approved on be- half of the V.s', as altered by us in red ink. As we consider there has been a great deal of unnecessary trouble and delay in the case, we beg to inform you that if any frivolous or vexatious objections are raised by you we shall take out a Summons under the " V. and P. Act, 1874," and have the dft. Covt. to Surrender, or Surrender, settled by the Court, and as you are aware you will probably have to pay the costs of and inciden- tal thereto. COMPOSITIONS WITH CREDITORS. 1. Circular letter to Crs., convening 1 a General Meeting- to enable Dr. to produce a statement of his affairs, and, if practicable, propose an arrangement for the dis- charge of his liabilities. PRIVATE AND CONFIDENTIAL. We have been consulted by Mr. , of , with re- ference to his affairs. Having been pressed by several creditors, whose claims he is, in consequence of his embarrassed circumstances, unable immediately to pay in full, he has instructed us to convene a General Meeting of his Creditors, to he held at our Office, on next, the - hist., at o'clock in the afternoon, to enable him to produce a Statement of his affairs, explain his position, and, if practicable, propose a course for the discharge of his present Trade Debts and Liabilities. As his embarrassments are the result of heavy losses in trade, consequent upon recent depression, and other unavoidable cir- cumstances, he is very anxious to avoid, if possible, the institution of Proceedings in Bankruptcy, feeling that such a step would be painful to him and disastrous in the extreme. Under these circumstances, ue are instructed to ask if you will kindly forbear proceedings against him for the recovery of your claim until you have heard his proposals. If you are unable to attend the meeting, we shall be obliged if you will kindly intimate by letter your willingness to be bound by such Resolutions, if any, as the majority of the Creditors assembled at sueli meeting may pass in connection with his affairs. It is \ery desirable that all the Creditors should, if possible, be present or duly re|irc>eiitc(l by proxy, in onler that, if the Debtor's proposal is accepted, the necessary Deed to effectuate any arrangement Ihat may be resolved upon may be then and there executed. We shall lie obliged b\ a UK morandiiiii as to the amount i' \f-ur Account against the Debtor on or before morning next, to enable us to check off his invoices and the n >prctive amounts OWJIILT by him thereunder. 10 APPLICATIONS FOR DAMAGES. 1. For damages for false imprisonment (short form). I have been consulted by Mrs. A. B., of of age, who has been bitten by a (Mastiff) dog belonging to you. We understand that the boy, with a large number of others, was playing on a field occupied by you, ami that your son appeared upon tho scene with the dog and sent it after them : it caught B.'s boy and l>it liim badly in his leg. He has since been under Dr. C.'s care, and has not yet recovered. We have advised Mr. B. that his buy is liable to be summoned for trespassing on your land, but that your son had no right to send the dog at the children We think it is very serious that the boy should have- been bitten under these circumstances, and trust you will set that it is your duty to at lea^t pay the Hr.'s bill and reasonable compensation for the boy's suffering. 12 6. Another form of such Application. I have been consulted by Mr. A., the father of (name) aboy of about 10 years old, relative to a very serious assault you committed upon him by turning and inciting a ferocious dog to bite him, whereby he sustained very serious injuries, and has been under medical care since the last. My client estimates the amoiint of damages at and unless you attend at my office before noon, on next, and pay such amount, together with the costs of this application, legal proceedings will be taken against you without any further notice. 7. For damages for an assault. I have been consulted by with reference to certain bodily injuries sustained by her in consequence of an unprovoked and unwarrant- able assault committed upon her by you on the (date) last, whereby she has since been prevented from following her usual employ- ment (or for a period of - - weeks), and in respect, &c. (Copy from letter No. 2). 8. For injuries sustained thro' falling 1 into an unguarded hole. I have been consulted by with reference to certain serious injuries sustained by her on the (date) last, in consequence of your negligently leaving a certain sandhole (situate at, tfcc.) unguarded and unfenced, and in respect of whose case, I am informed, the parties have been in fruitless communication with you, with a view to an amicable settlement, for some time past. My client, in consequence of the fall into the said hole, fractured her right leg, and seriously sprained her left leg, and her sufferings since have been very acute. She has been bed-ridden for a period of - months, and it is feared will be per- manently disabled. A considerable sum has already been expended on fees, fcc.,* for medical attendance and medicine, and extra necessary nourishments rcqtiired during, and in consequence of her serious illness. I am informed, itc. (Copy from letter No. 2; par. 2). 13 9. FOP damages for an illegal distress by a Landlord. I have been consulted by Mr. A. B., of &c. with reference to your having yesterday illegally seized and distrained his goods and chattels for rent that had not then accrued due. You must be well aware that the course of proceeding adopted by you was illegal. I am therefore instructed to apply for payment of the sum of 5 as and for damages sustained by niy client by reason of such illegal seizure and distress, together with the costs paid by him for the possession fee. I'liless the amount claimed be paid to me, together with 3/7 the cost of this application, on or before morning next, legal proceedings will be commenced against you for the recovery of the said damages without further notice. 10. For damages for breach of promise of marriage. I have been consulted by Mrs, A B., of &c., widow, with reference to the breach of your promise to marry her. I understand you deny all liability in respect thereof, but feel satisfied that if my instructions are in any way founded on fact, you must be mistaken in this respect My client is very reluctant to enter into litigation if it can be avoided, and / shall be glad if you will kindly reconsider your decision upon her claim, and enable me to settle same by payment of reasonable damages' otherwise I tVar I shall be compelled to commence proceedings for recovery thereof. An answer to this letter on or before the inst., is requested. Series of letters to Colliery Proprietors and their Solici tors respecting claim for damages, etc., for injuries to cottages caused by mining operations. 1. Preliminary application as to nature and extent of damages, and for payment of amount. ( n>le Svpplet" I. " r Xn. 1.) 14 2. Reply to their Solicitors. la consequence of the dangerous condition of this property, we have been compelled to have an inspection and report made by Mr. C. D., as to the depreciation in the present saleable value thereof. He reports, in effect, as follows (Copy material part of report) : Our client cannot permit the property to remain any longer in its present state, and has instructed us to inform you that if your clients do not repair it forthwith, she will be compelled to have the necessary repairs done, and recover the amount expended thereon, together with the sum of for the said depreciation. Mr. C. D. further reports that, in his opinion, the latter sum will only barely cover the present depreciation. Any further depreciation consequent upon mining operations, will, of course, have to form the subject of another claim. As the matter is very urgent, and the tenants of the cottages arc threatening to leave unless the necessary repairs are executed forthwith, we shall be obliged if you will kindly see your clients upon the subject, and inform us of their decision on or before morning next, to enable us to advise Mrs. Z. in due course as to the line of action to be adopted under the special circum- stances. We regret that the dangerous state of the property rcluc. tantly forces us to urge despatch, and, in the face of this, we feel sure you will not consider us too importunate in asking you for a final decision without further delay. 3. Further application for a settlement. In consequence of the dangerous condition of this property through the mining operations, and a continued subsidence resulting from the latter, we have been compelled to have another inspection made by Mr. E. F., who reports, in effect, as follows (Copy material part of report): We think it right to mention that the tenant of the shop has threatened to leave in consequence of the dangerous condition thereof, and unless the matter is put right at once we fear the consequences will be very serious. We are instructed to peremptorily enquire your client's intentions in the matter, to enable us to advise Mrs. Z. as to the course of action to be adopted under the circumstances. An immediate reply will oblige. 15 4. Letter respecting- amount of compensation offered. We have seen our client respecting the result of our Mr. A. 's recent interview with your Mr. B. herein, and are instructed to inform you (as requested) that in the face of Mr. C.'s assurance, based on his report of the (date) last, since which date a further serious subsidence has taken place, she cannot accept less than the sum of - as compensa- tion for the damage caused to her property, and the sum of the estimated lose or depreciation in the saleable value thereof. We think it right to remind you that the tenant of the shop has (in con- sequence of the unsafe condition thereof) been compelled to rent a house at (township) from quarter to quarter, as he and his family dare not sleep at the shop, fearing the consequences, in the event of a continuance of the subsidence, might be very serious. Two of the cottages have also been empty for some time past, in consequence of their unsafe condition. As our client is constantly pressing us to get the matter settled, we sincerely trust you will kindly ascertain your client's final instructions, to enable us to advise her as to the course of action to be adopted, in the event of our inability to effect an amicable settlement. Without rejudice. 5. Further Application. Our client has given us peremptory instructions to proceed with this matter foithwith. The tenants of the cottages are threatening to leave immediately, on account of their absolutely unsafe condition. We have therefore no course left open but to give you final notice, which we now do, that if the property is not forthwith repaired, to the satisfaction of our client, or her duly authorised agent, and put in a proper habitable .state, she will have done to it what she is advised is necessary, and will hold your clients responsible for the amount of such repairs, and alsn t'.n- any other damage she or her tenants may suffer in consequence of your client's negligence in the matter, and failure to comply with our repeated applications for an amicable settlement by payment of the damages therein claimed. She will also at once institute such proceedings ugainst your clients as she may be advised are necessary to enforce her rights and remedies for the damage complained of. 16 6 Final Application. \Vo regret to inform you that as your client appears to have totally ignored our letters upon this troublesome business, we have been peremptorily instructed to get the urgently required repairs done forth, with, and sue for the amount thereof, and damages for the depreciation in the saleable value of the property. We much regret being forced to take extreme measures, but as the property is in an exceedingly dangerous- state, and further delay cannot, under any circumstances, after the unusual indulgence accorded to your client by forbearance to resort to legal pro- ceedings long ere this, be permitted, they will only have themselves to- blame for the consequence of their extraordinary and unwarrantable procrastination in making fair and reasonable overtures for a settlement without litigation. We may reasonably claim credit for having, on our part, exerted every possible effort to effect an amicable settlement, and fear we have incurred our client's displeasure by not issuing a writ long ago, instead of repeating our applications so frequently, without any beneficial result. Kindly inform us forthwith if you will accept service of writ on behalf of your client in due course, if he still persistently declines to entertain the claim in a fair and business-like spirit. 7. Letters between said Solrs. and Solrs. for Owner of damaged property. Proposal to refer question of damage to property through mining operations to Arbitration. 1. l n the interests of both our Clients it might be desirable before embarking upon litigation to see whether the claim was of such a nature as could be fairly met without the additional costs of an action. If however your Client wishes to institute legal proceedings we will accept service of writ on behalf of our Client. Mr. A will instruct Mr. B to look over the pro- perty,. and it will probably be desirable that your adviser, Mr. C should meet him there. Will you be good enough therefore to put Mr. C in communication with Mr. B. 1 Would your Client be disposed to refer the question of damage? herein to some entirely independent person 1 The ordinary course of an arbitration is for one party to appoint whoever he may think fit, the same right being reserved to the other party, and leaving the two arbitrators to select their own umpire ia case of diffei'ence. 8. Nomination of Owner's Arbitrator. Referring to our Mr. W.'s interview with your Mr.E.we think it right to remind you, in order to prevent any misunderstanding, that our nomina- tion of Mr. C. on behalf of Mr. A. is subject to your nominating Mr. D., of this town, as the other Arbitrator, and to their selecting Mr. R, of this. town, Contractor, or Mr. 0., of Builder, as their Umpire in the event of their disagreement as to the amount- of damage, I" |.i-.-,-nt, will facilitate it very considerably. I understand there are several trade bills running, which will fall due on or about the prox., to be provided for. My Client is naturally anxious that the position of the concern shall not 36 be in any way jeopardised by the dishonour of these bills, and, of course if a satisfactory arrangement can be effected in due time with reference to the foregoing proposal, he will be able to place himself in readiness to meet them, for and on behalf of the partnership. He wishes to avoid any unpleasantness with reference to these bills, and trusts you will be good enough to consider his proposal, in order that, by your joint co- operation, matters may be placed on a footing equally beneficial to all the partners. If the proposal is carried out in its integrity he will then endeavour to extend the connection on account of the concern, the result of which would very materially enhance the financial status of it. SLANDER. 1. SPECIAL LETTER demanding retraction of a slander on behalf of a Tradesman respecting whose solvency false rumours have been circulated. We have been consulted by Mr. A. B., of, &c., - - with reference to a rumour recently circulated by you that he was in very embarrassed circumstances, and had either called, or was then about to call his creditors together, with a view to a compromise of their claims against him. Being determined to trace the slander to its original source, our client has discovered that you uttered it to one Mr. C. D., of, logy as he may think proper. by Slanderer, \. B.,- Addn-ss, Occupation, Witness to his Signature (A.M.) . Solicitor. 38 3. Apology for a slander (another form) 1 hereby express my regret for having on a recent occasion (or on soveral recent occasions) uttered certain slanders and malicious state- ments respecting you, which are entirely without foundation, and I now retract and apologise for having uttered the same, as I always have believed, and now believe, you to be a highh* respectable and honourable person. I have to express my thanks to you for your kindness in con- senting to forego legal proceedings against me. on my making this apology and paying all expenses 4. Another form of special letter demanding- retraction of a slander on behalf of a well-established tradesman concerning whose solvency false rumours had been circulated. I have been consulted by Mr - , of - , with reference to certain rumours which have been pretty freely circulated respecting his solvency and supposed intention of instituting proceedings for liquidation of his affairs by arrangement or composition with his creditors. I understand that some time ago a traveller called upon him on behalf of Messrs. , Warehousemen, of - , for an order in the ordinary course of business, he having traded with that firm uninterruptedly for a period of about - - years, paying his accounts regiilarly as they became due. Mr. being busy in his shop at the time, requested the said traveller to call later on in the day, and he promised to do so. It appears from the information received that the traveller called upon you shortly afterwards, and that whilst in your shop, you, along with Mr. J. C., of this Town, draper, informed him (in effect) that my client was in very embarrassed circumstances, and had either filed, or was then about to file a Petition for the Liquidation of his affairs by arrangement or composition with his Creditors, and that it would not thenceforth be safe to credit him with any more goods. In consequence of this representation the traveller did not call upon Mr. , as promised, but forthwith reported to his employers the statements made by you and Mr. C., in consequence of which his cre.iit was stopped. It is a fact that my client was indebted to Messrs. 39 J 1:1 a, paltry sum of - odd in respect of -. dance of account, 'vhich had only just become due, and would have been then paid if their traveller had thought fit to call upon him according to promise. Ou the following day a special messenger waited upon him, and peremptorily ' lei i landed payment, they having evidently - given full credence to your s:atcment. Being determined to trace the slander to its original source Mr. - challenged the said traveller to deny that his credit with Messrs - had not been stopped in consequence of the misrepre- s -n tat ions made by you and Mr. - . He admitted the truth of my client's allegations in toto, stating (in effect) (1) that you and --- had made the representations to him before mentioned ; (2) that jii consequence thereof he declined to call upon my client as pro- mised ; (3) that he informed his employers of the report, whereupon his credit was forthwith stopped, his account being marked in their ledger as follows : " Xo further orders to be attended to ; " and (4) that a special messenger was sent for the purpose aforesaid. I am also informed that on ---- , the - instant, you statt-d to Mr. , of this Town, - , that my client intended filing his Petition, and that you had a short time before seen an overdue acceptance which he had requested the drawers to renew, in c msi-queiice of his then inability to meet it, and further intimated that his credit with the Manchester warehousemen was very shaky. I under- stand you have flatly denied the circulation of the report last referred to, but feel confident that if my instructions are in anyway founded on fact (and from the personal information I possess of the said report) your denial is simply an attempt to back out of the difficulty in which you have placed yourself by reason thereof. la consequence, fec. (copy from 14th line of letter No 1, to end thereof). N.B. Preceding case occurred before Bankruptcy Act, 1883, hence for referring to prcgs. in liquidation. r> SOLICITORS REPLY to letter demanding- retraction of slander in preceding case by a Commercial Traveller uttered to his employer. Our client, Mr. A. 15., -has consulted us as to your letter written to him on behalf of Mr. C. D. He has never made 40 f any slanderous or defamatory statements about your client He has informed your client what actually did occur, and from whom he obtained the information, quite unsolicited, and at which he expressed his sur- prise, but did not believe it, which he, as in duty bound, communicated to his employers, Messrs. E. & F. , of nmst be stated. ' When and where were you.born 1 When and where were you Baptized? If you have your Baptismal Certificate in your \ possession, please forward it to me. / Claimant's Signature. 13. With an appointment for an interim division of Cash at Testator s Bankers. Re - DECEASED. I beg to inform you that the cash now standing to the credit of the Executors herein, at Bank, Limited, will be divided amongst the parties entitled thereto under the Will of the deceased, at my office, on kext, the inst., at - o'clock in the after- noon. I tmst this appointment will suit you. If you are unable to attend, kindly inform me, PER RETURN OF POST, and a Cheque can be forwarded for tin- amount payable to you, in order to save the trouble and e\pmsr of \<>ur personal attendance. 1 1 With an appointment for a further interim division. We be;.' to inform you that a further division of the estate of tho above -named deceased \\ill be made aiirMi^t the Beneficiaries at our office on afternoon next at o'clock. BO 15. With an appointment for a Conference to consider a disputed claim against Testator's Estate. Re - DECEASED. I am instructed to inform you that a meeting of the Executors and Beneficiaries under the Will of the above-named deceased will be held at my office on , the inst., at o'clock in the afternoon, to consider and decide upon the course of action to be adopted with reference to a claim by Mr. , of , for the sum of alleged to have been lent to the Testator on or about the . The matter is urgent, and your attendance is therefore earnestly requested. 16. To Residuary Legatees, with Official Report of Court of Inquiry appointed by Marine Department of Board of Trade as to formal investigation into circumstances attending supposed loss of a British Steamship, whereof a deceased Legatee was Captain, and for their decision as to course of action intended to be # adopted. Re - DECEASED. Enclosed I beg to send for your perusal copy of a letter received from Mr. , of , Solicitor, for and on behalf of Mrs. , widow of the late Capt. . I have also received a report from the Marine Department of the Board of Trade of the official inquiry held at in last, before two of Her Majesty's Justices of the Peace for the Borough of , assisted by two Nautical Assessors, into the circumstances attending the supposed loss of the British Steamship , of , which, according to such report, had not then been heard of since she left for , on the day of last. The Report of the Court is as follows, viz. : " The Court having carefully inquired into the circumstances attend- ing above-mentioned shipping casualty, finds, for the reasons stated in the annex hereto, that the said ship was probably lost at sea, bnt in what manner, or from what cause, there is no evidence to show." Dated this - - day of - , 1880." (Signed) We concur in the above report, (Signed) /> Judges. ~> .' Assessors The said annex to the Report is very lengthy, but can be inspected at my office, or a copy thereof can be supplied upon payment of the usual charge. The most important paragraphs to which I wish to direct vour attention and careful consideration run as follows, viz. : (1). "The sailed from with a crew of hands all told, under the command of - , whom there is every reason to believe was an experienced and careful officer, and who had been for many years in the service of the present owners, on the last, bound for - with a cargo of - . The pilot left her off the Point at a.m. on the , since which time nothing has been heard of her." (2). " Upon the final question as to the cause of the ship's dis- appearance, whether it arose from any of the causes shadowed forth by the questions submitted to us explosion of gas, foundering from want of stability, or from bring overladen, or whether from other causes entirely apart from these, but equally probable, there can only be conjecture; there are no materials upon which a definite opinion can be formed." Signed as aforesaid, 1 shall be obliged if you will kindly carefully peruse Mr. A.'s letter of tin inst., and inform me of your decision thereon, in 52 order that I may communicate same to him without delay. Any further information you may require shall be willingly supplied. Under the special circumstances of the case, probably the best course to adopt will be to convene a general Meeting of all the Beneficiaries to consider the matter fully, and finally decide upon the course of action intended to be adopted. 17. To Legatees with an appointment to consider and finally decide upon course of action intended to be adopted with reference to claim of said Captain's Widow and Child. Re A. R, DECEASED. I am instructed by the Executors of the above-named deceased to inform you that a Meeting of the Beneficiaries under his Will will be held at my office on afternoon next at o'clock, when and where the favour of your attendance is earnestly requested, to con- sider and finally decide upon the course of action intended to be adopted with reference to Mrs. B.'s claim. 18. Report to her Solicitors as to Resolutions passed at Meeting- of Beneficiaries. Pursuant to my circular letter herein, the following Beneficiaries attended the meeting held at my office on last, namely (specify same). After fully explaining your letter and the official report re- ceived from the Board of Trade respecting the loss of the " Estepona," the Beneficiaries present, without prejudice and subject to the consent of the absent Beneficiaries being obtained, resolved as follows (Copy Resolutions). 53 19. For an appointment for a conference respecting a doubtful Claim by Admix., with Will annexed of a Testator's Son. Enclosed I beg to send Copy Grant of Probate to the personal estate of the late for your use, together with copy of a Case recently submitted to counsel, respecting Mrs. B.'s interest in or claim upon her late husband's share under the Will of your late father, and the opinion thereon for your perusal. I shall be glad to see you respecting same at your earliest con- venience, and to receive a reply, informing me of what day will suit you for a conference as to the course of action intended to be adopted with reference to such share. 20. To Residuary Legatees explaining reason of delay in winding up Testator's affairs. Enclosed we beg to send, for your perusal, a copy of our letter to , of this town, solicitors for the , respecting the purchase of - , and of their reply thereto. We have deemed it best to send you a copy of the correspondence, in order that you may see that there is, and has been, no neglect on our part in pushing the matter forward to a completion, to enable iis to wind up the affairs of your late uncle. We trust the explanation contained in the correspond- ence will satisfactorily exonerate us from any charge of neglect. Immediately the matter is settled we shall be in a position to wind up tin; Testator's affairs, by dividing the residuary personal estate amongst the parties entitled thereto. 21. Supplemental Letter thereto. Kudosed we beg to send for your perusal a copy of a letter written by us to Messrs. respecting the non-completion of this pur- chase, the result of which has been that they h;ive at last sent us the draft conveyance for perusal, and we ho|>e to complete the purchase in 54 the course of a few days. An early appointment shall be arranged for final distribution of the residuary estate as soon as practicable after- wards. We think you will be satisfied that the delay has not been caused by us, but that every effort has been exerted on our part to get the matter completed long ere this. 22. Notice to Residuary Legatees, with an appointment for a division of Testator's Residuary Estate. IN THE MATTER OF THE TRUST ESTATE OF A. B. DECEASED. As Solicitor for and on behalf of Messrs. , the surviving Trustees under the Will of the above-named deceased, I beg to inform you that the division of her residuary estate amongst the parties en- titled thereto, will take place at my office on afternoon next at o'clock prompt, when and where the favour of your attendance is requested. 23. Circular letter to Beneficiary, with copy Will, &e., for his perusal and use. Enclosed I beg to send, as reqxiested, a copy of the Will of the above-named Testator, under which you are one of the residxiary legatees. My charge therefor is , which you can remit in due course. Any further information you may desire respecting the estate I shall be happy to afford. 24. Special Letter to importunate Beneficiaries : (1) with an appt for a final distribution ; (2) explaining fully causes of unavoidable delay in winding- up Testator's affairs ; and (3) appeal for special remuneration to an Exor. for his loss of time and trouble in attend- ing- thereto. Re Mr. A. B. DECEASED. 1. As Solicitors for and on behalf of the Executors under the Will of the above-named deceased, we beg to inform you that the division of the residuary estate amongst the parties entitled thereto, will take place 55 at our office, on afternoon, the 1st next, at o'clock prompt, when and where the favour of your attendance is requested. 2. As the residuary account of the Testator's estate, required to be rendered to the Commissioners of Inland Revenue, is very lengthy, it will be impossible to divide the Estate until this has been passed by them, and the amount of duty payable , thereunder been duly assessed, otherwise you should have had an earlier appointment for distribution, as we are equally anxious with the Executors and Beneficiaries to get the matter closed without further delay. 3. Another reason why we cannot arrange for an earlier division is to be found in the fact that the Finance Committee of the Corporation will not meet until the next, and therefore the cheques for the two Bonds payable by them (amounting to cannot be passed until then. Under these circumstances we have deemed it prudent to fix the date first mentioned, in order that the entire business may be then and there finally settled, instead of having an interim distribution, which would necessitate two meetings. 4. We have been informed that the Executors have been very much blamed by the Beneficiaries for the unavoidable delay in winding up the Testator's affairs and dividing his residuary estate. In the face of this erroneous imputation, we think it right to inform you, in justice to them, that they are not in the slightest degree responsible for the delay, but, on the contraiy, have repeatedly urged a division before tliis, and done their utmost to close the matter. Uncontrollable cir- cumstances have unfortunately prevented an earlier division, and we I'fd smv tlnit you will, in the face of these, absolve us from any inten- tion to delay the winding up of the Estate longer than the exceptional circumstances warranted. We sincerely trust that you have not been put to any inconvenience by reason of the delay, and exceedingly regret that it has occurred. "'. There is one important matter to which we wish to call your special attention, viz. : You will doubtless remember that Mr. (one of the executors) was some time ago voted a sum of ^30 for his trouble in connection with the Testator's affairs. As yoxi are well aware 56 the nature of the trust and the exceptional amount of attention devoted by liiin thereto have necessarily interfered very considerably with his ordinary duties, we have thought it right to ask if you would be kindly disposed to make him a further allowance of, say , for the great trouble he has from time to time been put to in attending to his Ex- ecutorship duties. Knowing the amount of time he has spent in attending thereto, we feel confident that this sum is not excessive, and sincerely hope that you will kindly be disposed to give our suggestion your f a vourables consideration. We have thought it best to call your attention to it now, so that you may have a fxill opportunity of care- fully considering, and be prepared at the Meeting to decide as to your intentions respecting same. 6. Please reply on the enclosed post card that you will be able to attend the Final Meeting for distribution, to enable us to arrange ac- cordingly, without running the risk of any of the Beneficiaries being absent therefrom. 25. Special Letter or Report submitted to a Testator's Creditors, where executors are unable to pay his debts forthwith, explaining 1 (1) position of his Estate, and (2) with a request for further time for payment of their claims, until Executors have had an opportunity of realizing 1 a portion thereof wherewith to pay. (1). We have recently obtained a Grant of Vrobate, on behalf of Mrs. (widow), Miss , and Mrs. , of the Will of Mr. , late of , and they have instructed us to siibmit, for your consideration, the following facts relative to the estate : (2). In consequence of the depressed state of trade, the total value of his estate does not amount to anything near what was antici- pated, and, under the special circumstances, we have deemed it prudent to inform you as to the exact position of the estate, to enable you to carefully consider as to the reasonableness or otherwise of our application 57 hereinafter contained. The summary set forth on the last page hereof will show how the gross value of his personal estate and effects, for or in respect of which a grant of Probate has been obtained, has been made out. (3). Deceased owned no real estate. (4). The debts payable by law out of said personal estate and effects amount to , and his funeral expenses, which were on the most economical scale, to , aggregate amount of both being . , which, being deducted from value of said personal estate, reduces such value to . (5). Testator has left a widow and seven children to be provided -for out of his small estate, and we are informed that, having regard to the continued depressed state of trade and other circumstances, it will be impossible for the execvitrices to discharge your account forthwith, and it would be disastrous in the extreme, and prejudicial to the interests of all parties, if they were forced to realise the estate at once, without having an opportunity of keeping it in hand until there is an appreciable improvement in the state of the property market. We think it right to remind you that, under the trust for sale contained in Testator's Will cxecutriccs have a discretionary power as to realisation thereof, and would, under ordinary circumstances, be allowed a year at least to wind up the estate. It is believed that if the sale of the leaseholds is post- ]>oned until, in their uncontrolled discretion, a favourable opportunity should arise for realisation thereof, much larger prices would be hereafter real i set 1. (6). Mrs. , who is naturally anxious to get all Testator's debts paid as soon as practicable, thinks that if a year is allowed by each creditor for payment of their respective claims, she would be enabled, by strict economy and a careful management of the estate (provided there is no further depression in the state of trade, which event would, of course, seriously cripple her efforts), to ivalisi- sufficient to pay all debts. (7). Having regard to the fact that the deceased has traded with you for about \' ars > we are emboldened to think you would not be inclined to put his widow and family to any unnecessary expense or annoyance to enforce payment of your claim, but on the contrary would show your practical sympathy with them by kindly allowing at least a year to discharge your claim. (8). Your kind compliance with our request will doubtless enable our clients to struggle on, and realise sufficient within that time to pay the whole, or at least the major part, of your claim If at the end of a year they find that circumstances have unfortunately prevented a real- ization of their anticipation they will doubtless inform us in due course, and make arrangements for payment of the balance in such manner and at such date as will suit your convenience. We have thought it best to submit the whole of the facts connected with the estate for your con- sideration, and sincerely trust that, under the special circumstances, you will be pleased to unconditionally accede to our client's re- quest. (9). Any further information you may require to enable you to arrive at a decision upon the foregoing facts shall be supplied on receipt of an intimation to that effect. Of coxirse yon will, we feel sure, kindly bear in mind that it is of the greatest importance to our clients that this letter should, for obvious reasons, be kept strictly private. (10). An early reply .as to your acquiescence in, or dissent from, the said proposal will greatly oblige. N.B. Account of Testator's personal estate to accompany fore- going report. 26.- Supplemental Circular Letter to Creditors, who have failed to reply to Letter 25. Re - DECEASED. We shall be glad to receive a reply to our circular letter of ultimo herein. Many of the largest creditors have signified their willing- ness t > wait the requisite period for payment of their respective accounts, and our clients would be much obliged if you would kindly 59 inform us of your intentions respecting your account against deceased's estate. If yon will instruct your traveller to call upon us, when next he is in , we will give him any further information respecting Testator's estate, and shall no doubt be able to satisfy him that it is reasonable, and will be beneficial to all the creditors, that the required period should be allowed for payment of Testators debts. Of course, you are doubtless well aware that the legal position of the matter is as follows, viz. : (1) An executor cannot be compelled to proceed with the distribution of the estate if he can show that a reasonable time has not elapsed. (2) That strictly there is no defined time for winding np estates, and reasonable time must be interpreted according to the mag- nitude of the estate and the complication or simplicity of its character. (3) Some criterion is to be obtained from the legal provision that no executor can be compelled to pay a legacy under 12 months, and a creditor must make out a strong case to go siiccersfully into court, ; nd recover amount of his claim under that period ; and (4) How far over 12 months either a creditor or a legatee may be compelled to wait depends entirely upon the special circumstances of the case. We venture to think that after the explanation contained in this and our previous circular letter, yon will be pleased to accede to our client's request, in order that they may have a reasonable oppor- tunity of realising sufficient to pa}* the debts. An early reply as to your final decision will greatly oblige. 27. Executor's Letter to Creditors of a deceased for par- ticulars of claim to enable Executors to claim a deduction of debts before swearing- Affidavits, &c. A. H. DECEASI I-. Plea.se send me for Probate purposes (by bcurer, by return of post) an account of the amount (if any) due to you from the de- ceased up to the date of his dratk which took place on the (date) - . 60 28. Circular Letters to Testator's Creditors, with Executor's cheque for amount of their respective claims. AV A. - DECEASED. As Solicitor for and oil behalf of the Exors. of the said de- ceased, I beg to scud their cheque for , the amount of your account (enclosed) against the estate, receipt of which kindly acknowledge in due course. 29. For claim for services rendered to a Testator. I am instructed by Mrs. A. B. &c., to apply to you for payment of the sum of , amount due to her for services rendered to the late Mr. ( '. D. 1 shall be glad if you can enable me to settle the case by payment of the amount at your earliest convenience. My client in f onus me that a mourning dress was ordered for her at Messrs. , but in consequence of your having countermanded the order, they have refused to deliver it. I trust you will arrange to effect an amicable settlement of her claim if possible. 30 .To D. R , with papers for Probate. Re A. B., DECEASED. By registered post 1 beg to send the following documents for Pro- bate herein, viz : (1) original will and codicil (if any); (2) engrosment for probate ; (3) affidavit for Crs. of Inland Revenue ; (4) executors oath ; and (5) (any other special affidavits, &c., must be separately specified), and trust you will find same satisfactory. On receipt of an a/c of amount required to cover probate duty and fees, I will send a cheque therefor. 31. To D. R., with cheque or Banker's draft for amount. Knclosed 1 beg to send cheque (or draft) for , amount of the a/c sent herewith, receipt of which luridly acknowledge in due course, and oblige. 61 32. To D. R., acknowledging receipt of Probate I beg to acknowledge receipt of probate herein, for which I am obliged. 33. To testator's nephew (resident at a distance), infer him that he is one of the residuary legatees u former's will. I am instructed to inform yon that yonr nncle, Mr. A. B., late of, . as the cost of an office copy of the will from the District Registry, after probate thereof, would considerably exceed the said charge. An early reply will oblige. 34 - To a legatee, with an appointment to receive his legacy I beg to inform you that the legacy of - - to which you are entitled under the will of the said Testator can be paid hen- on afternoon next, at 2.30 o'clock. DEBTS OWING TO EXECUTORS. 1. For a Debt owing to a deceased Doctor's Executors. ** Re Dr. DECEASED. \ l>eg to inform you that after a careful examination of the Testator's books, you are returned as a Debtor for the sum of for medical attendance and medicine. As it is desirable that his affairs should be wound up without delay, and all outstanding accounts collected, payment of the amount claimed from you, at my Office, on or before morning next, at o'c/orX-, will oblige. I think it right to inform you that if there is any error in the amount, or otherwise, I shall be glad if you will notify same to Mr. , who formerly acted as Collector for the deceased, and it will be rectified on production of satisfactory evidence thereof. 2. Debt owing 1 to a deceased Tradesman's Executrix. Re DECEASED. As Solicitor for and on behalf of the Executrix of the above-named deceased, kindly allow me to call your attention to the outstanding account owing by you to the estate, amounting to the sum of - ojayment of which at my office, on or before the next, will oblige i-heques and Post Office Orders may be made payable to me. 3. Circular letter sent by Exors.' Solicitor to Testators yearly tenants, reminding them of due date of rent. Re A's ESTATE. 1 will thank you to pay the rent due from you to the Exors. of the above Estate on the 12th inst., at my office on the morning of that date. 4. Final notice to a yearly tenant in arrear. As you have thought fit to utterly ignore the notices already sent for payment of the rent due to the Executors of the above-named deceased, I think it right to finally remind you that if the amount be not paid at my office before noon to-morrow, I shall advise them to adopt the course usual in default of payment of rent in arrear, but sincerely trust you will spare me the adoption of this very unpleasant and objectionable step. 63 5. Application to tenant for rent due to Executors under his Agreement with testator. I am instructed by the Exors. of the late Mr. A. B., to apply to you for the sum of one quarter's rent, due to them under your agreement with the deceased, dated - - y the widow of your late brother, with reference to his affairs, and as you are doubtless aware he has died in- testate she will be entitled to a grant of Letters of Administration to his personal estate. We understand you have possession of his bank books and other papers, and are therefore instructed to request that you forth- with deliver up to the bearer hereof all books, papers, letters, copies of letters and other writings and documents in your custody, i><>8se8nion, or power, containing any entry, memorandum, or minute relating to the 74 affairs of the deceased, so that our Client may be in a position to apply for the said Grant and distribute his estate amongst the parties entitled thereto, after retaining her own share in due course. As the matter is urgent your immediate attention will oblige. 3. Peremptory special application by Solicitor of an Administratrix for immediate delivery to him by intestate's former Solicitor of latter's bills of costs and all papers, &c. 1 am instructed by Mrs. A. B., the Administratrix of the personal estate of her late husband, C. D., to apply to you for the delivery to me forthwith, on her behalf, as such Administratrix of (1) your Bill or Bills of Costs, if any, against him, for which you allege he was liable to you either alone or jointly, or together with any other person or persons, and for (2) an a/c in writing of all sums received or alleged to have been received by you from him, or from any person or persons on his behalf, or on his account, and (3) for the delivery of all deeds, documents, a/cs , invoices, books, letters, papers, writings and other property of any des- cription whatsoever in your custody, possession, or power, of or belonging to the late C. D., and whether such property was entrusted to you by him personally, or by any person or persons whomsoever for him, or on his behalf or a/c, including all such property as was in your custody? possession, or power at the time of his death, which took place, as you are aware, on the (date). The original Letters of Administration granted by the District Kegistry of the Probate Division to my Client of her late husband's personal estate and tffects can be inspected by you at my office between the hours of o'clock a.m. and o'clock p.m. to morrow, if you desire to see the same. Unless I receive the costs, account and particulars above referred to before o'clock on next, I shall be compelled to carry out my instructions to apply to the Court for the usual order to compel compliance with this application, and for the payment by you of the costs of and incidental to such application and order. 75 4. Application by same Solicitor to intestate's sister for information respecting 1 estate, &c. Your sister-in law, Mrs. - - has been appointed by the Probate Court, the Administratrix of the personal estate of her late husband (your late brother) and it is her duty to ascertain without delay the personal estate whereof he died possessed or entitled, including whatever estate he became entitled to under the Will of his and your late brother I am instructed to ask you to be kind enough to supply me with all such information and particulars as you are able, of what cash, furniture, deeds, documents, promissory notes, bank books and other books, papers, letters and other property, each of your late brother had in his possession at his death, and who has now possession thereof, or any part thereof. I am informed that your late brother, W., was a partner, or held some Shares or interest in a certain Company or works, or had lent money to the Company or works. Will you be kind enough to say if this is so to your knowledge or belief, and the name of the Co. or works, and the sum or amount or shares you may have heard he had therein ? Please inform me of the name of the bank with which your late brother did business. 5. To Creditors of an intestate Tradesman asking 1 for a dis- count of 1 per cent, for Cash down. Re I )i:'K.\s|.;i). My Clients, Mr. A. K, of as Administrator of the Estate of the intestate has consulted me with reference to the outstanding accounts owing by the latter at the date of his decease, and instructed me to lay before you the following facts relative thereto. His estate will probably not be fully realized for a considerable time, and, under these circumstances, there will not be any available funds for payment of his accounts before the expiration of the usual period (12 months,) allowed for payment of an intestate's debts. If practicable my Client does not wisl i to defer payment until then, pro- vided you will kindly be dinpoud to allow a liberal diicount (10 per cent.) 76 for Cash forthwith. If lie finds it is worth his while to avail himself of any abatement the Trade Creditors may be pleased to make, of course the cash would have to be paid out of his own funds, and he be recouped out of the first available assets, to enable him to close the intestate's affairs. I have advised him to allow this proposition to be submitted for your kind consideration, and sincerely trust that you will entertain it in a liberal spirit, and inform me at your early convenience of your decision respecting same, Without prejudice. 6. To a Wholesale Customer with particulars of Claim, and for payment of amount on behalf of Adminstratrix of a deceased Tradesman. lx THE ESTATE OF Mr. , DECEASED. As Solicitor for and on behalf of Mrs. , Widow and Administratrix of the deceased, I am instructed to apply to you for pay- ment of the sum of amount of account owing to the estate, Your "kind attention to the matter on or before the instant will oblige. Enclosed you will find, for perusal, detailed particulars of your account, which I trust you will find satisfactory. 7. Supplemental letter fn event of 1st application being ignored. Re , DECEASED. As Solicitor for and on behalf of the Administratrix of the above named deceased, allow me to call your attention to the outstanding account for Meat supplied to you, amounting to the sum of rendered on or about the last, payment of which will oblige. 77 I think it right to inform you that the matter cannot be allowed to remain in abeyance after the inst. Your kind attention, in due course, will therefore oblige. Debt . Costs... 8 By Solicitors to one of Her Majesty's Vice-Consuls in America to English Solicitors enquiring- for next-of- kin of an intestate, who died there worth 500,000. A. B. DECEASED. A. B., whose mother is supposed to have been named (name) died ii America on the (date), aged about years. He is believed to have sailed from Liverpool for California in 1849. He died intestate, and his estate is worth 500,000. We have been instructed by one of Her Majesty's Vice-Consuls in America to enquire for deceased's next-of-kin. We have communicated, but without success, with all the persons of the names of B. os8eHsioii, and tin- balanci- by 6 equal half-yearly pay- 80 mcnts, thus allowing a period of three years for payment thereof, \vel 1 secured by promissory notes, bearing interest at 5 per centum par annum. With reference to the question of the general average turnover, and stability of the business, / think it right to mention that every facility will be afforded to a bona fide applicant likely to make fair pro- posals for the purchase of the business, for thoroughly investigating the accuracy of my statements, by a careful inspection of his books (which is earnestly invited), and making his own private enquiries from local tradesmen and others, who, I feel confident, would unanimously reply that the business has been one of a first-class character, and well worth the earnest consideration of any Chemist (with a substantial capital) desirous of acquiring one of the best provincial businesses known in this district. The shop, of which the deceased was the owner along with two shops adjoining, is situate in the very heart of the town and the best busi- ness thoroughfare. Before his removal into it from the shop next door but one it was tenanted by a Grocer, who also occupied the upper rooms as a dwelling-house, and A .hey are still adaptable, with slight alterations, to the latter purpose, there being sufficient accommodation for a small family. During my late Client's occupation of it he has always used it exclusively for his business purposes, residing about a mile distant. The rent is per annum, clear of all deductions, except Landlord's property tax. The poor, highway, water and other rates amount to about . Probably a Lease for a term of 7 years can be agreed upon with a responsible Lessee, upon the usual terms, which can be discussed, and, if practicable, finally settled at an interview between my Client (as Administrator) and yourself, in case you entertain any idea of the business. The business is nearly all ready money. The credit por- tion of it has always been of the most substantial and trustworthy character, the trade losses being very limited. The hours of business are from 8 a.m. to 9 p.m. on all business days, except Saturday, when they are from 8 a.m. to 11 p.m. ; on Sundays it has been customary to open the shop from 7.30 p.m. to 9 p.m. The business is at present under a Manager, pending sale. The deceased has since he commenced business traded largely with Messrs, (names and addresses and occupa- tion), all of whom will doubtless gladly afford you the fullest information as to the extensive dealings he has had with them during his commercial career. There are many others with whom the deceased has dealt, but the bulk ofjiis stock has (I believe) been obtained from the said whole- sale firms. As there are several other applicants it is desirable in case you 81 entertain it, after considering the foregoing particulars, that yon should personally view the stock and premises as soon as convenient. If you can arrange an early appointment I shall be obliged and will be here when you inspect. Any fiirther information you may require shall be willingly supplied. In the present stage of our correspondence this letter is, of course, written without prejudice. I enclose, for your perusal, a cutting from the " - Observer," relative to my late Client's decease, from which you will observe the Editor's estimate of his com- mercial status. Special circular Letter to local Brewers, &c., as to intended Sale by Auction of a valuable Public-house, belonging to an intestate's estate. Sale of the " Inn" (Township). We beg to call your attention to the fact that ALL THAT OLD- ESTABLISHED AND WELL-ACCUSTOMED FULLY-LICENSED LEASEHOLD PUBLIC-HOUSE, called THE "- - INN," situate in Lane, and immediately adjoining the - Railway Station at - together with the Fixtures therein, Yard, Stable for nine horses, Hay Loft, three Sheds, Wash-house, Piggeries, and Premises thereunto belonging, now occupied by - , together with the ad- joining Dwelling-house, WILL BE OFFERED FOR SALE BY AUCTION AT THE " - - HOTEL," - ON - - NEXT, THK- - INST., AT - - O'CLOCK IN THE AFTER- NOON PROMPTLY. The Inn stands immediately at the entrance to the Railway Station at , where more than forty passenger trains stop daily. Exceptional advantages are afforded by this situation, and, should an extrusion of the licensed premises become desirable, the possession of the adjoining dwelling-house and premises will enable the purchaser to effect it at a comparatively trifling cost. The Land, including the site of the Buildings, contains sn|ii'vfieial square yards or thereabouts, and is held for the residue of a 82 term of years created by an Indenture of Lease dated the - at an annual ground rent of reserved thereby. The Mines and Minerals and all Mining Rights are reserved. By the exception contained in the said Lease, the Lessor is debarred from enter- ing upon the surface of the said demised Premises or any part thereof, and the said Mines and Minerals are to be worked and wrought in such manner as not to cause any wilful damage or injury to the said Premises or any bxiilding erected or to be erected thereon. We shall be glad to supply you with any further particulars you may require on receipt of an intimation to that effect. The Lease and Conditions of Sale may be inspected at our Office, and arrangements may, if desired, be made for leaving a substantial portion of the purchase- money on mortgage of the property.