The Property Lawyer.-Changes in the Law.

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it was held that such a conveyance did I said, shall prevent the operation of the will revoke the will; but these cases have been impugned by Sir Edward Sugden, in his Treatise on Vendors, vol. 1, 179, 9th ed., and in his Powers, vol. 2, p. 6, 6th ed.

The point has recently come before the present Master of the Rolls, on a question between vendor and purchaser, who held that the devise was revoked by the subsequent conveyance. Bullin v. Fletcher, 1 Keen, 369. From this decision there was an appeal to Lord Chancellor Cottenham, and it was affirmed by his Lordship.

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with respect to such estate, or interest in such real or personal estate, as the testator shall have power to dispose of by will at the time of his death;" and by s. 19, it is also enacted that no will shall be revoked by any presumption of an intention on the ground of an alteration in circumstances." See the act, ante, p. 204, and Stewart's edition, pp. 21, 22.

CHANGES IN THE LAW IN THE LAST SESSION OF PARLIAMENT, 1837.

No. XXV.

POOR LAW CONVEYANCES.
1 Vict. c. 50.

This Act passed on the 15th July, and is intituled, "An Act to facilitate the Conveyance of Lands and Buildings for the Purposes of Two Acts passed respectively in the Fifth and Sixth Years of His late Majesty King William the Fourth." It recites the 4 & 5 W. 4, c. 76, intituled "An Act for the Amendment and better Administration of the Laws relating to the Poor in England and Wales: and 5 & 6 W. 4, c. 69, intituled "An Act to facilitate

Taking this case as between the vendor and purchaser," said his Lordship, "I have considered whether the authorities so clearly establish that the revocation did not take place, that I could compel the purchaser to take the title. It is said that the will is not revoked, because the contract is that the estate shall be conveyed to the testator, his heirs, appointees, or assigns, and that therefore he has reserved to himself a power of directing the mode in which the conveyance shall be made. But that every purchaser has, for he acquires the dominion over the estate by virtue of the contract; and the real question is, whether, as the authorities stand, the purchaser, by taking the conveyance in the manner which I have already stated, has or has not availed himself of that conveyance for the purpose of doing somewhat beyond the merely taking a conveyance of the legal estate in the the Conveyance of Workhouses and other perty in which the contract had already | Property of Parishes and of Incorporations or given him the equitable interest. [His Unions of Parishes in England and Wales:" Lordship then went through the authorities, and that doubts are entertained as to whether and continued.] All these authorities con- the herein recited acts respectively apply to cur in shewing that the conveyance which was made in this case operated as a revocalands or buildings or other hereditaments of tion. It is unnecessary for me to go fur- copyhold or customary tenure; and it is exther. It is sufficient for me to say, that in pedient that such doubts should be removed, the present state of the law it is impossible and that the provisions of the said acts should that I can compel the purchaser to take the be extended in some respects: it is therefore title. I am of opinion that the Master of the Rolls was right in his decision, and that the appeal is against all authority. I cannot say I see anything like a doubt upon the authorities, and therefore the appeal must be dismissed, with costs."Bullin v. Fletcher, 2 Myl. & C. 432.

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enacted and declared as follows:

Provisions of recited Act to extend to Copyhold Lands, &c.-That the provisions of the said herein recited acts apply to and comprise lands and buildings and other hereditaments of copyhold or customary tenure, as well as lands, buildings, and other hereditaments of freehold tenure. (s. 1.)

Thus stands the law at present; but the rule will be different when the new Wills Provision for Enfranchisement of Copyholds. Act (1 Vict. c. 26) comes into operation: That whenever any contract shall be entered by the 23d section of which it is provided into for the purposes of the said recited acts or either of them, or of this act, respecting "that no conveyance or other act made or done subsequently to the execution of a of copyhold or customary tenure, it shall be any lands, buildings, or other hereditaments will of or relating to any real or personal lawful for the Poor Law Commissioners to estate therein comprised, except an act by direct that the difference in value of such which such will shall be revoked as afore-lands or buildings or other hereditaments, as

Steward of Manor to enter Certificate on Rolls of the Manor, and to furnish a parchment copy thereof to the Poor Law Commissioners.-That when and so soon as any such enfranchisement as aforesaid shall have been made, it shall be lawful for the steward of the manor whereof the same lands or buildings were parcel, and he is hereby required, on receipt of a certificate of such valuation being made and enfranchisement effected, under the hands and seal of the Poor Law Commissioners, to enter such certificate on the rolls or books of the said manor, and to furnish a copy of such entry, written on parchment, to the Poor Law Commissioners, or to such person or persons as they may direct, and to certify the same to be a true extract under his hand; and such certificate or a copy thereof under the seal of the Poor Law Commissioners shall thenceforth be evidence of such enfranchisement. (s. 3.)

of copyhold or customary tenure, and the approbation of the Poor Law Commissioners, freehold or fee simple thereof, including in like manner as if such agreement had been therein the value of any fine, heriot, or custo- originally made under this act, any thing in mary due, payment, or rent, or any service the said acts or either of them, or in this act, capable of being valued, in respect of such to the contrary notwithstanding; and in every land or building or other hereditaments shall such case, if any lord of the manor or other be ascertained by such means as they shall person be under legal disability, the power of think fit; and that such difference in value the said recited acts and of any other act for when so ascertained shall be paid to or invested building, hiring, or purchasing workhouses, for the use and benefit of the lord of the ma- or for acquiring lands for workhouse purposes, nor of which such lands or buildings or other enabling persons to convey or otherwise dishereditaments shall be parcel, or such other pose of or deal with property shall apply to person as would be entitled to the fines pay-such lord of the manor or other person as able upon death or alienation of the same, or amply and fully as if the case had been exto such heriot, dues, payment, rent, or service pressly provided for in such acts or any of respectively; and upon and from the making them. (s. 2.) of such payment or investment such lands or buildings or other hereditaments shall thenceforth be deemed enfranchised and for ever discharged from every fine, customary or copyhold heriot, due, payment, rent, suit, or service; and such lands and buildings and other hereditaments shall thenceforth be and remain of the tenure of free and common socage: provided always, that if any such lord of the manor or other person be under any legal disability, the powers of the said recited acts, and of every other act for building, hiring, or purchasing workhouses, or for acquiring lands for workhouse purposes, enabling persons under disability to convey or otherwise dispose of and deal with property, shall apply to such lord of the manor or other person as amply and fully as if the case had been expressly provided for in such acts or any of them: Provided also, that if such lord of the manor or other person be dissatisfied with such valuation, and shall within seven days after a Mode of Conveyance.-That all Conveyances tender made to him of the amount thereof, or or instruments by way of sale or exchange, or after notice left at his last known place of re-assignment or security or transfer, to be made sidence, or with his known agent, of such under the authority of the said recited acts or amount being ready to be paid to him or in- either of them, or of this act, may be made in vested as aforesaid, send notice by the post such form as the Poor Law Commissioners to the Poor Law Commissioners of such dis- shall by any order or orders signed by them satisfaction, it shall be lawful for the Poor and sealed with their common seal direct or Law Commissioners to direct a further valua-approve of, or as near thereto as the number tion to be made, at or within such period as they may see fit, by two valuers, one to be named by the Poor Law Commissioners, and the other by such lord of the manor or other person, which two persons so named shall previous to their entering on their valuation name a third valuer to be referred to in case they disagree, and the award of such three valuers, or any two of them, shall be binding on all parties; and on payment or investment, under the provisions of the said recited acts or any of them, or of this act, of the amount of such last-mentioned valuation, such lands or buildings and other hereditaments shall thenceforth be deemed enfranchised and discharged in manner aforesaid, and be and remain of the tenure of free and common socage: Provided always, that it shall be lawful for any overseers, guardians, lord of the manor, or other person to complete any voluntary agreement for the purchase and enfranchisement of any copyhold or ustomary lands, buildings, or other hereditaments, under the direction and with the

of parties, the nature of the interests, and the circumstances of each case will admit, and shall be valid and effectual in the law, without livery of seisin being made, or any bargain and sale to vest possession being executed, and without being enrolled. (s. 4.)

No. XXVI.

MUNICIPAL CORPORATIONS.

1 Vict. c. 78.

This act passed on the 17th July, and came into immediate operation. It is intituled “ An act to amend an act for the regulation of Municipal Corporations in England and Wales.”

It recites the 5 & 6 W. 4, c. 76, providing, among other things, for the election of certain, officers in manner and form therein declared, that such elections have not in all cases been

It is therefore enacted as follows:

Changes in the Law.

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duly made according to the provisions of the reason of any fraud or any irregularity or desaid act; and that doubts are entertained by Provided also, that nothing in this act confect other than is herein-before specified: and before whom the meetings for such elec-tained shall extend to invalidate any payment tions can now be convened and holden for the bona fide made, or to invalidate or render valid purpose of supplying such deficiencies and any notice to quit given before the passing of that the elections of corporate officers and punishment any person who would not have this act, or render liable to any penalty or others are liable to be questioned by reason been liable to such penalty or punishment in of any defect that may be in the title of the case this act had not been made. (s. 1.) presiding officer before whom the election may good, though the whole number of Aldermen All Elections duly made since 25th December have been had, notwithstanding that the elec- not elected. Nothing herein to affect any pertion may have been otherwise good in all resson in actions to try the right to office of profit. That all elections duly made or other acts duly pects: done since the said twenty-fifth day of December at any meeting of the council or councillors of the act by a majority of the members of the of any borough named in either of the schedules council or councillors present at such meeting, the whole number present not being less than council, shall be good notwithstanding that the one third part of the number of the whole whole or due number of aldermen may not have been then elected: Provided always, that nothing in this act contained shall extend to affect the right of any person to prove the validity or invalidity of any election or act had or done before the passing of this act, and hereby made good or valid, in any action already brought or hereafter to be brought to try the right to any office of profit, or to recover the profits or receipts thereof; and every such action in which it may be material to either party to prove the validity or invalidity of any such election or act shall be tried and decided to all intents and purposes as if this act had not passed; provided, that such action shall be brought within twelve calendar months after the passing of this act. (s. 2.)

Elections not to be questioned for title of presiding officers; provided that the person shall have taken upon himself the office; proviso.That no election of any person into any corporate office which shall take place after the pasing of this act shall be liable to be questioned by reason of any defect in the title or want of title of the person before whom such election may have been had, provided that the person before whom such election shall be had shall be then in the actual possession of or acting in the office giving the right to preside at such election; and, subject and without prejudice to the provisions for discontinuing proceedings herein-after contained, all elections into any corporate office since the twenty-fifth day of December in the year one thousand eight hundred and thirty-five, in any borough named in either of the schedules (A.) and (B.) annexed to the said act for regulating corporations, and all acts duly done in right of their office since the said twenty-fifth day of December by the persons chosen at any such election, and all acts duly done by any person with reference to any such election, shall be good to all intents and purposes, notwithstanding any defect in the title or want of title in the person so presiding arising from the provisions of the said act or of any former charter or any local custom not having been duly complied with, and notwithstanding that there may not have been at the time of the passing of the 5 & 6 W. 4, c. 76, s. 43, in part repealed. said act any such body corporate as is named Two Revising Assessors to be chosen in like in the schedule (A.) or (B.) of the said act in manner as Auditors are.-And reciting that by conjunction with the name of the borough in the said act it is provided, that in every case in which such election may have been had, or which there shall be a division into wards of any any such officer as is charged by the said act borough, the assessors who shall hold the Court with the execution of such duties; provided for revising the burgess lists with the mayor that the person or persons before whom or by shall be the assessors of the mayor's ward; whose authority any such election may have and it may be, in case the mayor be chosen been had, or by whom any summons shall have from among the aldermen, that there is no been issued, or list made out or received, or mayor's ward in such borough; it is enacted other act done for holding or with reference to that so much of the said act as provides that any such election, shall have bond fide taken the assessors who shall hold the court for upon himself the duties of the office giving revising the burgess lists with the mayor shall right to preside at such election, or issue such be the assessors of the mayor's ward, is hereby summons, or make out or receive such list, or repealed; and in every borough divided into do such act as aforesaid: Provided neverthe-wards two assessors shall be chosen on the less, that nothing herein-before contained shall prevent any such election or act done by any person from being questioned and set aside by

be valid.-That all elections had before the Elections before the Election of Assessors to passing of this act, or to be had under this act, in any borough named in either of the said schedules, at any time before the election of if had before the mayor and assessors jointly. assessors for such borough, shall be as good as (s. 3.)

twenty-first day after the passing of this act, and in every subsequent year on the first day of March, or on the following day if that day

be on a Sunday, to hold the court for revising | within the same, before the title to such house the burgess lists with the mayor, in manner as or other property as aforesaid shall have deis provided in the said act concerning the elec-volved upon him. (s. 8.)

tion of two auditors of such borough; and no Rating in Name of former Occupier suffiburgess list which shall have been revised be-cient. That the rating in the name of the fore the passing of this act by the mayor alone, person previously occupying shall be consideror by the mayor assisted by any other personed a sufficient rating of the person so entitled or persons shall be taken to have been ill re-until a new rate shall be made subsequent to vised by reason of the mayor not having been such devolution of title as aforesaid. (s. 9.) assisted by the assessors of the mayor's ward, but every such revised list, if otherwise revised according to the provisions of the said act, shall be good, and the fair and true copy thereof, made according to the provisions of the said act, shall be the burgess roll for the pre-month of November last, by reason of the same sent year in that borough. (s. 4.)

Provision for certain Cases in which there has been Equality of Votes.-That in every borough named in the said schedules in which or in any ward or wards of which it is doubtful who should have gone out of the council in the number of votes having been given for two or more persons, and by reason of the council not having determined who should then go out of office according to the provisions of the said act for regulating corporations, all the council

Burgess Roll not to be questioned for the Title of the Mayor or Assessors.-That after the passing of this act no burgess roll shall be liable to be questioned by reason of any defect of title or want of title of the mayor or asses-lors in such borough or ward respecting whose sors by whom the same shall have been revised, or any or either of them, provided that he or they shall have been in the actual possession and exercise of the office of mayor or assessor, as the case may be. (s. 5.)

continuance in office any such doubt shall arise shall continue in office for the same time as if they had been elected on the said first day of November now last past; and the council shall determine which of them shall go out of office Burgess Roll to be in force until Revision of on the first day of November now next ensunew Burgess Roll.-That in every borough in ing; and if the doubt shall extend to those which by reason of any neglect or informality who should have gone out of office on the first a new burgess roll of the said borough shall day of November now next ensuing, the counnot have been duly made in any year within cil shall also determine which of them shall go the time directed by the said act, the burgess out of office on the first of November in the roll which was in force before the time ap-year one thousand eight hundred and thirtypointed for the revision shall continue in force eight. (s. 10.) until such new burgess roll shall have been duly made. (3.6.)

Corporations not dissolved by Neglect to make new Burgess Roll-That no body corporate named in the schedules of the said act for regulating corporations, in which no new burgess roll was made in the month of October last, shall therefore be taken to have been dissolved, but every such body corporate shall have and continue to have perpetual succession, and all the rights, powers, privileges, and liabilities which it would have had if the new burgess roll had been duly made; and in any case in which no councillors shall have been elected on the first day of last November to supply the place of those who were then to go out of office according to the provisions of the said act, the councillors who were to continue in office shall so continue in like manner and for the same time as if such new election had been duly made. (s. 7.)

Repeal of Provisions relating to Vacancies in the Council. Provision in lieu thereof.That so much of the said act for regulating corporations as provides that no new election of councillors shall be made by reason of any extraordinary vacancy in the office of councillor unless the number of councillors remaining after such vacancy shall not exceed two thirds of the whole number of the council of the borough, is hereby repealed; and that every election of a councillor to supply any such extraordinary vacancy, either alone or together with other councillors, which shall have been had on the first day of November last, shall be valid, although the number of councillors did then exceed two thirds of the whole number of the council, and although such vacaney may have happened more than ten days previously to the said first day of November last, if in other respects such election shall have been duly had according to the provisions for the As to reckoning a former Person's Rating annual election of councillors contained in the and Occupancy as Part of a subsequent Occu- said act for regulating corporations; and the pier's.-That in every case in which, under councillor elected by the smallest number of the provisions of the said act for regulating votes at such election, if elected with other corporations, any person shall be entitled to councillors, shall be the councillor elected to reckon the rating and occupancy of any house, supply such extraordinary vacancy as aforewarehouse, counting-house, or shop in any said; and in every case in which more than borough by any other person as part of his own one such extraordinary vacancy shall be so rating and occupancy, it shall not be neces-supplied the conncillor elected by the smallest sary, in support of the title of such person to be enrolled on the burgess roll, to prove that he was an inhabitant householder within the said borough, or within seven miles of the said borough, or that he was an occupant or rated

number of votes shall be taken to be elected in the room of him who would regularly have first gone out of office, and the councillor elected by the next smallest number of votes shall be taken to be elected in the room of

Changes in the Law.-Notices of New Books: Theobald on the Poor Laws.

him who would regularly have next gone out of office, and so with respect to the other. (s. 11.)

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As a specimen of Mr. Theobald's characteristic style, we extract the following:Whether infants under the age of seven, children of the wife by a former marriage, can be removed with their mother and their father-in-law to their father-in-law's place of settlement.

By the 57th section of the 4 & 5 W. 4. c, 76, a person marrying a woman who has children, whether legitimate or illegitimate, is made chargeable with their maintenance.

Vacancies among the Councillors or Ward Assessors, how to be supplied.-That in every borough named in the said act in which by reason of any failure in complying with the directions of the said act the full number of councillors or ward assessors hath not been elected according to the true intent and meaning of the said act, the burgesses of the borough, or of the several wards in which the vacancies may be that ought to be filled up, The structure of this section raised some as the case may be, shall on the fourteenth day doubt whether it does not give the children after the passing of this act openly assemble their father-in-law's settlement; but it has been and elect the councillors and ward assessors, decided that it does not; and it follows as a to be elected in the matter directed in the said consequence, that an order is bad so far as in act; and the mayor, or if there shall be no such a case it adjudges the children to have mayor the councillor assessed to the poor to their father-in-law's settlement: but this is inthe greatest amount in respect of any mes-decisive of the question, whether they may be suage, land, tenement, tithe, or other heredi- removed to their father-in-law's place of settletaments of which he is occupier and also owner ment. within such borough, shall preside at such election in the case of a borough not divided into wards, and in the case of a borough divided into wards, the councillors elected in each ward, shall separately choose the councillor who shall preside at the election of councillors and ward assessors in that ward, or in case a majority of them in any ward cannot agree, then the councillor elected in that ward who is assessed to the poor to the greatest amount in respect of any messuage, land, tenement, tithe, or other hereditaments of which he is occupier and also owner within the bo-ed against, and confirmed by the sessions, rough, shall preside at such election, and shall have in that behalf all the powers given by the said act to the mayor of the borough in the first election of councillors. (s. 12.)

[To be continued.] p. 450

NOTICES OF NEW BOOKS.

In a recent case (Rex v. Walthamstow, 1 N. & P. 406), an order was made for the removal of a pauper and his wife, and three children under the age of seven; the children were the wife's by a former marriage; she married the pauper in Sept. 1834, and therefore they were under the operation of the 57th sect. of the poor law amendment act: the justices adjudged this entire family to have the husband's settlement; that is, their father-in-law's settlement; and made an order for their removal to his place of settlement; the order was appeal

subject to a case in which the above facts were stated; and the court of King's Bench decided that the order was bad, and directed the order of sessions to be quashed, apparently on two grounds; first, that the justices were wrong in adjudging that the children took their fatherin-law's settlement, and secondly, on the ground that the justices had no power to make an order for the removal of the children to a parish in which they were not settled.

A Supplement to Theobald's Practical Trea-be borne in mind between what may legally be In reading this case, the distinction should tise on the Poor Laws; containing an done, and what the justices have a legal jurisExpository and Critical Statement of all diction to order to be done. Here the legality the Poor Law Cases reported since that of the order was in question. The case proPublication; together with the Poor Law ceeds on the principle, that the justices can Statutes, 7 W. 4, and 1 Vict., and Notes include in their order only those whose settleupon them. By William Theobald, of ment they have lawfully adjudged; and the adjudication as to the settlement of the the Inner Temple, Barrister at Law, the children, was not lawful. But suppose the Drawer of the Original Poor Law Amend-order not to have contained any adjudication ment Bill for the Commissioners of In- respecting the children, and to have been quiry. S. Sweet, 1837.

WE learn from a circular which accompanies this publication, that it is intended to be bound with Mr. Theobald's Treatise, which was published last year, so as to form in fact a new edition; and that it is also sold separately to those who have the Treatise besides which, as an independent work, it is a valuable record of the latest decisions.

merely for the removal of the parents, the mother clearly would have been bound to take her children with her, because they were of an age at which the law does not allow children to be separated from their maternal parent: or rather, when the overseer removed the mother, he might also remove the children, for the same reason, that the law would not allow their separation.

And probably this was Lord Denman's meaning, in the observation which he made in delivering his judgment, that, "It may be assu