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358 Charitable Uses Bill.-Drafts on Bankers' Bill.- Review: Shelford's Insolvent Stats.
9 & 10 Vict. c. 101, s. 28, and 10 Vict. c. 11, DRAFTS ON BANKERS' BILL. 8. 6, repealed. Commissioners, when satisfied of the execution of the works, may issue cer- In every case where a draft on any banker tificate for an advance under this Act; 8. 2. made payable to bearer on demand bears across
Treasury may direct advances to be made ; its face, an addition, in written or stamped 8. 3.
letters, of the name of any banker, such draft Commencement of rentcharges ; 8. 4. shall be payable only to the banker whose name
9 & 10 Vict. c. 101, s. 29, repealed. Com- is so added; s. 1. missioners to deliver certificate to owner of Where such draft bears across its face an land in Scotland ; s. 5.
addition of the words “and company," or any As regards lands in Ireland, a memorial of other words, in full or abreviated, by which it the certificate shall be registered in the Register may be reasonably understood that it is inOffice in Dublin ; s. 6.
tended that such draft is to be paid to some Certificates of advance to be kept by Com- banker, such draft shall be payable only to missioners; s. 7.
some banker ; 8. 2. Upon apportionment, part of lands may be Where such a draft bears across its face an freed from rentcharge; s. 8.
addition of the names of two or more bankers, Repeal of part of sect. 2 of 10 Vict. c. 10; not being partners, so that it may reasonably Commissioners may authorise deviation ; s. 9. be doubted to which of such bankers it is in
Construction of “ Commissioners ;" 8. 10. tended that such draft is to be paid, the banker
Commissioners to appoint substitute in cer- on whom such draft is made may, at his distain cases ; 8. 11.
cretion, refuse payment thereof, notwithstandAct to apply to all cases, whatever date of ing that he have in his hands funds of the provisional certificate ; s. 12.
drawer sufficient to pay the same, and such Acts to be read together s. 13.
banker shall not be liable to be sued for any Short title of Act; s. 14.
damage incurred by reason of such refusal ; s.
3. CHARITABLE USES BILL.
In the construction of this Act, the word
“banker" shall include any person or persons This Bill, to amend the Law relating to the
or corporation, or joint-stock or other com
pany, acting as a banker or bankers; 8. 4. Conveyance of Lands for Charitable Uses (as annended in Committee), contains the follow
NOTICES OF NEW BOOKS. ing clauses :
No past or future deed, &c., for charitable The Statutes for the Relief of Insolvent uses upon valuable consideration to be void
Debtors, with Notes on the Decisions if enrolled in Chancery within six calendar months ; s. I.
thereon ; and the Orders and Forms of No past deed, &c., for charitable uses, not
the Insolvent Court for obtaining the upon valuable consideration, to be void by rea- Discharge of Insolvent Debtors from son of non-compliance with the formalities in Prison or their Protection from Process. 9 Geo. 2, c. 36, or of specified stipulations for By LEONARD SHELFORD, Esq., of the the donor's benefit, or (as to copyholds), for Middle Temple, Barrister-at-Law. Lon want of deed indented, if deed, &c., be en.
don: Maxwell. 1856. Pp. 446. rolled within six calendar months, &c.; s. 2. No future deed, &c., for charitable uses not
We have all Mr. Shelford's books, as works upon valuable consideration to be void by rea- of reference, and they are amongst the most son of specified stipulations for donor's benefit, valuable books on our shelves. We always or (as to copyholds) for want of deed indented, find the latest case, and, to adopt a phrase if deed, &c., be enrolled within six calendar of the day, “the right case in the right months, &c. ; 8. 3. Where charitable uses of any past deed, &c.,
place.” We do not mean—it is not at all not enrolled are declared by any other deed, Mr. Shelford, which we have put in its
necessary-to review this last production of &c., enrolment of such other deed, &c., sufficient. Where neither is enrolled, enrolment proper place, feeling that we can always rely of such other deed, &c., requisite ; s. 4. on it when it comes to be wanted. By the
Where charitable uses of any future deed, Judges of the County Courts, and by those &c., declared by any other deed, &c., enrol. members of the Profession who practise in ment of such other deed, &c., requisite ; s. 5. the country, and who may, therefore, be
Act not to extend to deeds, &c., already called upon, any day, to support or oppose avoided, or to pending suits ; s. 6. Hereditaments conveyed to trustees for valuable. It is a very different book from
an insolvent, this work will be found incharitable uses to vest in successors of original trustees duly appointed. 13 & 14 Vict. c. 28. editions of many other Statutes, which are Providing for payments in lieu of fines as to issued in such numbers. Mr. Shelford's copyholds; 8. 7.
books are trustworty exponents of the law. Act not to extend to Scotland or Ireland ;
The work contains the Statutes, prescribReview: Twiss on International Law - Richardson's Solicitors' Book-keeping. 359 ing the two modes by which insolvent debtors | Balthasar Aayala, the First Systematic Teacher. may obtain relief either by being discharged -Suarez of Granada; earliest Recognition of from imprisonment, or by being protected from an Usage amongst Nations.-Albericus Genprocess, with notes of the reported cases on tilis the Precursor of Grotius.-Maritime Law. both branches of the subject.
-Consolato del Mare.—Roles d'Oleron.The rules of the Court for the relief of in- Laws of Wisby.-Code of the Hanse League. solvent debtors, and the forms used both in - Era of Grotius.--His Treatise on the Right proceedings for discharge from imprisonment, of War and Peace.-Its wide-spread Influence. or from protection from process, are added. - Its subject more extensive than its Title.
The work also includes the Statutes for Method of Treatment.-Contents of the Work. facilitating arrangements between debtors and - Opposition to its acceptance, both in Engcreditors, and for the discharge of small debtors land and in France.–Antagonism of Selden. from imprisonment, with notes of the reported - Unfavourable Criticisms of Rousseau. cases thereon.
Paley, Jeremy Bentham, Dugald Stewart.
Favourable Judgments of Adam Smith, Sir Two Introductory Lectures on the Science
James Mackintosh, Mr. Hallam, and Dr.
Whewell. of International Law. By TRAVERS
Lecture II. Seiden, Mare Clausum.Twiss, D.C.L. Longman & Co. 1856. Hobbes, De Cive.-Dr. Richard Zouch, Jus Pp. 60.
inter Gentes.--Natural and Positive Law,Dr. Twiss, the Regius Professor of Civil Second Period: Era of Pufendorf.-Bishop Law in the University of Oxford, and one
Cumberland, De Legibus Naturæ.-Pufenof the Advocates in Doctors' Commons, from the Law of Nature. -Practice of Nations
dorf's Denial of a Law of Nations distinct observes in his Preface to these Lectures not obligatory as a Rule.—Mischievous Effect that
of his Teaching.–Professor Rachael.—Chris“Upon the general theory of the Law of Na- tian Thomasius supports Pufendorf's Doctrine. tions, much has been written by authors of -Glafey and Köhler, Opponents of it.- Van great name and ability. Upon practical ques- Bynkershoek, De Foro Legatorum.—Jus Gentions much has been laid down by those dis- tium Pactitium.-Leibnitz, Codex Juris Gentinguished civilians, who have adorned the tium Diplomaticus.—Dumont, Corps Univer. British and American Courts of Admiralty, sel Diplomatique du Droit des Gens.- Third and whose masterly judgments, full of wisdom Period: Christian von Wolff revives the teachand learning, are the most perfect expositions ing of Grotius.—His Work, Jus Gentium Meof the best and purest principles of that law. thodo Scientifica Tractatum, recast by M. It has been attempted, in the following lectures, de Vattel.-Von Wolff's peculiar Doctrine. to pass briefly in review both series of autho- Nations composite Bodies, and so subject to a rities, and to note the chief characteristics of Law different from the Law of Nature appli. the most eminent amongst them, with a view cable to Individuals.-Vattel's Doctrine on to make them known to the student, and not this Head.-Necessary and Voluntary Law with any pretence to novelty of view or origi- of Nations.-Fourth Period: J. J. Moser. nality of treatment. On the contrary, the ma. Practical Law of Nations.—Von Martens.terials supplied by others have been freely used, Schmalz.-Klüber.- Wheaton.-Judicial Dewhere the doctrine appeared to be sound, or cisions.-Chancellor Kent.—Lord Stowell.the criticism just. There is little, therefore, in Practice of Nations limits abstract Principles. the following pages calculated to supply the -Heffter.- External and internal Public Law. wants of the scholar or of the publicist, but
Private International Law. - Mr. Justice they may be useful to the student in guiding Story, Conflict of Laws.-Huberus, de Conhim to the best sources and in thereby enabl flictu Legum.--Fælix, Traité du Droit Intering him to draw knowledge from the fountain national Privé.-Austin on Jurisprudence.head. Of all human sciences, the law is pro- International Morality:- Obligation and Sancbably not the last to which the precept strictly tion of the Law of Nations. applies, melius est haurire fontes, quam consectari rivulos.'”
Solicitors' Book-keeping, practically ilThe Authors' extensive learning and re- lustrated. By W. S. RICHARDSON. search will be best shown by the following Manchester. 1856. statement of the authorities referred to, in
This is a useful Pamphlet, and in adeach lecture :
dition to specimens of book-keeping for Lecture 1.- International Law a science of solicitors, it contains suggestions for the modern growth.---Law of Nations not identical regulation of an office and accuracy in bills with the Jus Gentium of the Romans.—Insti- of costs. The writer, it appears, has been tutes of the Emperor Justinian.-Cicero.—The Fetial Law.-Authority of the Holy See as Su- a managing clerk for 25 years in offices of preme Umpire between Temporal Sovereigns. large practice.
-Reaction against the Papal Donation of the Indies.-Franciscus à Victoria and Dominicus Soto, the Pioneers of the New Doctrine.
Law of Costs.-- Points in Equity Practice.- On Conditions of Sale.
not opposed it, the costs of the application
would have been costs in the cause, and the OF OPPOSING MOTION FOR INJUNCTION IN defendant, on giving the discovery, would have BILL FOR DISCOVERY.
been allowed full costs of suit, including the This was a bill filed by the defendant in an
motion. I shall, under the circumstances, action at law, for a discovery in aid of his de
give no costs of the motion on either side, but fence of the action, and to restrain the further
the defendant is entitled to the remaining costs proceedings therein until such discovery.
of suit. But if an injunction to stay proceedThe plaintiff at las resisted the injunction, and filed affidavits in opposition to the motion, ings at law should hereafter be opposed, and
the defendant should fail, he must pay the · but the Court granted the application, reserve!
costs." Lovell v. Galloway, 19 Beav. 643. ing the costs. A full answer had been filed, and he now moved to dissolve the injunction, and asked for his costs of suit, including those
POINTS IN EQUITY PRACTICE. of the motion for the injunction and of the
DECLARATION ON ADJOURNED SUMMONS present application.
FROM CHAMBERS. The Master of the Rolls said :—"This was a On an adjourned summons from Chambers, bill filed by the defendant in an action at law for the Master of the Rolls refused to make a dea discorery simply in aid of his defence to the claration that a deed appointing a guardian to action at law. When the defendant at law (the, an infant, was good, but directed a certificate plaintiff in equity) had obtained the discovery, to the same effect to be drawn up by the chief the defendant in equity (the plaintiff at law) clerk for his approval. Morgan v. Hatchell, 19 moved to dissolve the injunction and to be paid Beav. 86. his taxed costs of the suit, including an appli. cation for an injunction to stay proceedings at REMOVAL
MASTER'S law till the answer was put in. The plaintiff
OFFICE TO JUDGE'S CHAMBERS. in equity did not dispute his right to the costs
An application to remove a matter of great of suit in a bill of discovery, and was willing intricacy from the Master's office into Judge's to pay them, except the costs of the motion for Chambers, was refused with costs. Saward y. the injunction, which according to the new M'Donnell, 19 Beav. 528. practice, was a special application, and which
MOTION TO REVIVE ATTACHMENT AFTER the defendant in equity improperly defended.
SEQUESTRATION. The case is reported in 17 Beav. 7, and I there
A sequestration proved only partially sucheld that on verifying his case by affidavit, the cessful: Held, that a motion to revive an at- plaintiff in equity is entitled to an injunction to tachment cannot be made exparte, but that -stay proceedings at law till a full answer to the notice must be given. Knott v. Currie, 19 bili is put in, and that the defendant in equity Beav. 470. could not be permitted, by affidavit, to say that the plaintiff had no case, and so refuse him a ON CONDITIONS OF SALE. -discovery. The meaning of the Statute was - not to assimilate such injunctions to the pre
BY MR. R. CAPARN, OP HOLBEACH. cise practice that prevailed as to special in
Read at the Meeting at Birmingham. junctions generally; and the qualifying words The subject of Conditions of Sale of Real ‘80 far as the nature of the case will admit,' Estate is one that has for some time engaged
the anxious attention of Solicitors, as being in introduced into the clause, have reference to
a most unsatisfactory position. Regulated by this very point, and show that it was not in- no fixed rule of law, and scarcely affected or tended to deprive the defendant at law of the controlled by any principle of equity, they are benefit of the discovery which he formerly had. too often the source of dissatisfaction in the
“I reserved the costs of that motion, and I minds of clients with their Solicitors, fruitful have since consulted the other branches of the best, the means of throwing unforeseen and
springs of angry, unprofitable litigation, or, at Court, and the unanimous opinion of all the even unascertainable expenses upon pur. Judges has been given, concurring in my view chasers ; and too often the unfair medium of of the construction of the Statute. I ought to securing to the vendor's Solicitor the business have made the defendant, at the time, pay the former shall prepare the conveyance, although
of the purchaser, by the stipulation that the costs of the affidavits, in opposition to the mo- at the expense of the latter. tion for the injunetion. If the defendant had! Frequently have inchoate discussions been On Conditions of Sale.
361 had on this matter among individual Solicitors | deeds, awards, or other documents, not in his and in Law Societies, I speak more particu- possession, shall be deemed and taken to be larly of the Lincolnshire Law Society—but correct, and the production by the vendor of little or no beneficial result has been come to, any deeds or other documents, or of any abmainly from the discursive way in which the stract of any deeds or other documents which topic has been generally introduced, as by the he is not bound to produce, according to these complaint against some one particular and Conditions, shall not be deemed or taken as a special condition, which probably the party waiver of any of these Conditions. who prepared it was presently ready to defend, “If any documents in the vendor's possesalthough he in his turn might be ready to sion shall relate to property bought by several complain of some other, instead of the whole purchasers, and all the lots to which the same question of the object and equitable limitation may relate shall be sold now or hereafter, then of Conditions being considered by some exten- such documents, on the completion of the presive Society or Committee, apart from any sent or future sales of all the lots to which the specific complaint.
same may relate, shall be delivered to the purThat Conditions of Saleare stillvery frequently chaser paying the greatest amount of purchaseunfair to the purchaser, who cannot possibly money, upon his entering into covenants, at the know the state of the vendor's title, and the ex- costs and charges of any owner or purchaser pense which he (the purchaser) may have to of property to which the same may relate, at incur if he buys, and stretched beyond their the expense of such owner or purchaser for legitimate province, I believe will not be production of such documents, and delivering doubted; but, lest this should be so, I will give copies or extracts thereof. Should any diffian instance or two which have come before culty arise as to such largest purchaser, the demy notice within the last two or three years. cision thereon of the vendor shall be final. In
On one sale of upwards of 60 lots, held un- case and whilst any lot remain unsold, the doder a great variety of titles, the following were cuments to which the same may relate shall a part of the Conditions :
remain with the vendor ; but he shall, at the All official and attested or other copies of, expense of any purchaser, enter into covenants and extracts from, any Act of Parliament, for production of the same, and for furnishing award, will, admission, deed, document, or pro- copies or extracts thereof, but determinable ceedings, whether upon record or otherwise, thereafter on delivery thereof to any purchaser and all letters of administration, and all certifi- or owner of property to which the same may cates of baptism, marriage, burial, and other relate, on procuring from him, on request, a certificates or documents, and statutory declara- similar covenant. Whilst any documents retions, copies of, or extracts from, parochial or main in the vendor's possession he will, at the other registers, and all evidence as to pedigree, request, costs, and charges of any purchaser, heirship, births, marriages, deaths, or intestacy, produce, and also furnish, copies and extracts or of identity, whether required for the purpose of the same. The delay of delivering or proof verifying the abstract, or for any other pur- curing covenants for title, consistently with pose, and of any deeds of covenant for the pro- these Conditions, shall not retard the compleduction of the same, and all assignments or tion of any contract, but every purchaser shall, surrenders of any outstanding, and yet unsatis- in such case, be satisfied with the engagement fied, term or terms, and reconveyances of any by this condition, that the vendor willi herelegal or equitable estate or estates or interests after, at such purchaser's expense, procure for shall be made, taken, and obtained by the ven- him a covenant for production, if required, dor's Solicitors, at the expense of the party re- when he may be entitled thereto, and, in the quiring the same respectively. And all expenses meantime, that the vendor will, upon the reattending the examination or comparison of the quest, and at the costs and charges of such abstracts with the title-deeds and other docu- purchaser, produce and furnish copies and exments, wheresoever the said deeds or documents tracts of the documents retained. may be, and of journeys taken for that purpose, "The vendor shall not be required to furnish shall be borne and paid by the purchaser or any evidence of the identity of any lot or lots, purchasers of the lot or lots in respect of which with the description in any of the deeds or do such expenses shall be incurred.
cuments of title, or in any schedule thereto, “The vendor shall not be required to produce or to reconcile the difference in any such deto any purchaser or purchasers, or his, her, or scriptions, whether in abuttals, admeasurement, their Solicitor, any deed or other document not or otherwise, other than by some statutory dein his custody or control, nor to furnish any claration of any respectable person who has covenant for the production of any deeds or been acquainted with the property for 20 years, other documents not in his custody, nor any that the reputed, or apparent possession, or abstract of any such deed or other document, enjoyment, has during that period been consignotwithstanding the same may be mentioned, tent with the title shown by the abstract, so far or referred to, or covenanted, to be produced as is shown, nor with respect to any lot or lots in or by any deed or document now in his shall the vendor be required to distinguish hands, nor shall he be obliged to point out freehold from copyhold." where any such deed or document of title not Now it will be evident what heavy costs,
in his possession is. And all abstracts, ex- properly and fairly chargeable on the vendor, tracts, or copies produced by the vendor of the first of these conditions seeks to throw
On Conditions of Sale. upon the purchaser, and the extent of which, Woods and Forests to the purchaser? If there at the time of sale, the purchaser nas no possi- be a proper officer for that purpose—an officer ble means of gaining the slightest idea of, whose duty it is to prepare them then, at while the vendor's Solicitor either is, or ought least, he, being a salaried officer, can have no to be, fully aware of them. Then here, also, right to charge the purchaser for the deed. is the stipulation which ought to be most But, in fact, the practice complained of, is strenuously decried, that documents shall be adopted by the Solicitor of the Land Revenue. prepared for, and at the expense of, the purchaser by the vendor's Solicitor, thus holding A draft conveyance, a printed form with par. out an inducement to parties to become the ticulars filled up, was sent for my perusal from clients of the vendor's Solicitor, under the the “Office of Woods.” The engrossment penalty of increased expense by their own Soli- was then sent from the same office to be signed citor perusing and approving the documents by the purchaser, and returned preparatory to on their behalf. See, also, in the next of these the settlement. And the purchasers were put conditions, the extreme unfairness of providing to the unusual inconvenience and expense of that the vendor shall not produce, nor furnish paying the money into the Bank of England, covenants to produce, nor abstracts of any and exchanging the receipt for it for the condeed or document not in his custody, nor even veyance. be obliged to point out where any such deed With all deference, I would suggest that the or 'document is-amounting, in fact, to the first step hereto will be carefully to consider stipulation that the title, as set forth in the ah- what is the proper and legitimate object of stract of deeds or documents said not to be in Conditions of Sale of real estate, contradistinthe vendor's possession, shall be taken as cor- guished as they are from the Conditions of rect, unless after a search in the dark the pur- Sale of mere movables, and I am aware that chasers should happen to find documents con- here a large field is open for discussion. Still tradicting such title, or, in other words, that I believe that certain well-defined principles the abstracts, imperfect, it may be, shall con- may be laid down within which conditions stitute not the index to, as it merely is, but the considered fair and reasonable by this Society title itself.
may be circumscribed, and beyond which very The next condition is, perhaps, of less im- special and intelligible reasons ought to be asportance, but still it is surely too much to signed for passing. expect that a purchaser, requiring a covenant It will at once, perhaps, be said, What are to produce the muniments of his title, should these principles ? If you see them, define be satisfied to complete his purchase, and have them. This, perhaps, is more than I can do; only the guarantee of a Condition of Sale for but, impelled by the belief that there is here a their production until the vendor may think fit great disease in our professional constitution, to procure a covenant.
and that an effort of energy, perhaps, rather Surely, also, seeing the difference in value than mental ability, is needed to apply a rebetween freehold and copyhold estates, amount- medy, I will venture, at least, to provoke dising, in cases of copyhold of manors with arbi- cussion upon it by submitting, with all defertrary fines, to fully one-fifth, the condition that ence, my own views upon the subjeet. the vendor shall not distinguish freehold froin The Conditions, then, upon which-putting copyhold is one far from fair and reasonable. myself in the position of a vendor's Solicitor
To these few examples, doubtless, the gen- I should deem it fair and right, as well having tlemen present could add numerous others, and regard to the interest of my own client, whose probably worse, and it was with no small in- sale might be injured, if not prevented by exdignation that at a sale of crown lands lately, traordinary stringent Conditions, as to the prinat which I was myself a purchaser, I found the ciple of honourable dealing between the vendor, following condition :
who knows the state of his evidence of title “Upon payment of the remainder of the with its defects (if any), of greater or less impurchase-money, on or before the said 10th day portance, and the possible purchaser, who must of October, 1855, the purchaser shall have the necessarily be, in a very great measure, if not lots conveyed to him or her in such form and altogether, ignorant upon the subject, I should manner as is prescribed on that behalf by the deem it my duty, in the first place, to provide Act or Acts of Parliament under which the sale for fair, unretractable bidding (if by auction), is made; the deeds for which purpose will be and a plain binding contract for the sale and prepared in the usual manner and form by the purchase of the estate, as if the title were marproper officer in the Land Revenue Depart- ketable and perfect, providing for the various ment, and the expense of such deeds to be steps towards completion to be taken within paid by the purchaser will not exceed the reasonably limited periods by the contracting sum of £5 158. 6d. when the purchase-money parties, subject to the usual penalties of the shall be under £500; £7 175. 6d. when under nullity of the step taken, or other penalty, in £1,000 ; and £10 10s, when above £1,000; case of not being taken in due time, and for the with an addition of about £l is, to £2 28. in fair, or, it may be, penal payment of compensaeach case for a plan.”
tion, in the shape of interest, by the purchaser, Who, I would ask, is "the proper officer in if the completion were delayed. To these i the Land Revenue Department" to prepare the would add a provision, now ordinary, though deed of conveyance from the Commissioners of extra-the requirement of the law of simple