A Compendium of the Law of Real and Personal Property

739 Pages·2012·26.63 MB·English

by  Josiah William Smith

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1
VALUABLE LAW BOOKS
PUBLISHED BT
STEVENS AND SONS

(LATE STKVENS AND NORTON),
119, CHANCERY LANE, LONDON, W.C.
OCTOBER, 1875.
JUDICATURE ACTS.
son's Judicature Acts. Rules and Forms. With
Notes w Pbaotice.
By A Law. Royal
\'2mo.

a Royal Svo.
Clowes' Court of
Judic- >r. By "W.
. CLO1 inform in size
with t 10s. 6rf, half-
boum
V The ab. I by Order in
Coo lilier.
Lely a: d 1875:
conta "Totes, forming
a Ph. . FOCLK.ES,
Esqs.
Roscoe' idence on
the T DAY, one of
Her] t-Law, Esqrs.
Thirl
ro convenient
Given by
"A mmensity of a
Thiit« marvellous than
this v Title Insurance a all that is in
this b in the handB of
its pn ly 10, 1875.
and
Archbo Cases.—
Ei,jh Trust Company- y Indictment,
By \ -at- Law, and
Stipe Foundation 1875. Price
£1 V
Pritcha Practice,
and i Matters. By
THC ister - at - Law,
Recorder of Wenlock. Thick Svo. 1875. Price St 21. ctotn.
We congratulate Mr. Pritchard on the state of order be has produced out of the chaotic mass
he baa dealt with, and we thiuk much credit is due to htm for his evident painstaking."—Law
Journal, April 24, 1875.
" We can confidently say that it is written throughout with clearness and intelligence, and that
both in legislation aiidiu case law it is carefully brought down to the most recont date."—Solicitor?
Journal, Slay 1, 1S75.
Pollock's Principles of Contract at Law and in Equity;
being a Treatise on the General Principles relating to the Validity of Agreements,
with a special view to the comparison of Law and Equity ; and with references to
the Indian Contract Act, and occasionally to American and Foreign Law. By
FREDERICK POLLOCK, of Lincoln's Inn, Esq., Barrister-at-Law. (A'earty ready.)
Fitzgerald's Public Health Act, 1875.—The Law relating to
Public Health and Local Government, as contained in the Public Health Act, 1875.
With Introduction and Notes showing all the Alterations in tho Existing Law ; with
References to all the Caa*"™,^**«A«*»»Sa<jynjiajjfiFormer Acts which aro Ke-Enactcd
in this Act. By GER/ ^^^^"~"~>fLincoln's Inn, Barrister-at-
Law, and Fellow of StJ pro. (In the Press.)
;
Thring's (H.) Joint Stock Companies Law.—The Law
and Practice of Joint Stock and other Public Companies, including all tho Statutes,
with Notes, a Collection of Precedents of Memoranda and Articles of Association,
and all the other forms required in Making, Administering, and Winding-up
Companies. By SIR HENRY THRING, K.C.B., the Parliamentary Counsel.
Third Edition, considerably enlarged, with all the Cases brought down to the present
time. By GERALD A. H. FITZGERALD, of Lincoln's Inn, Esq., Barrister-at-Law,
and Fellow of St. John's College, Oxford. 12mo. 1875. Price '20s. cloth.
Addison on Contracts.— Being a Treatise on the Law of
Contracts. By C. G. ADDISON, Esq., Author of the " Law of Torts." Seventh
Edition. By L. W. CAVE, of the Inner Temple, Esq., Barrister-at-Law, Recorder
of Lincoln. Royal, Svo. 1875. Price £1 18a. cloth.
" We cannot speak too highly of the great amount of well-arranged information which is to bo
found in this second book. It is a magazine of learning which the legal practitioner will find of
very great value."—Solicitors' Journal, March 20, 1875.
" Mr. Cave, aided by Mr. Horace Smith, has done more than sustain the reputation of this
treatise— be has greatly added to it.''— Law Journal, March 27, 1 875.
'* Mr. Cave's edition of Addison must prove a great acquisition to every Lawyer's Library. To
tho practitioner, the last book, ou the Stamp Laws will prove of great service. .Mr. Cave has not
confined himself to simply noting up the cases. He has, he tells us in a somewhat lengihy preface,
• ventured to make very considerable alterations in the arrangement of the work.' "—Law Times,
April 3, 1875.
" At present this is by far tho best book upon tho Law of .Contrast possessed by the profession,
and it is a thoroughly practical book. Tho subject is one upon which every solicitor is daily
consulted. There is no book in bis library so often resorted to aB this. Nor is it to the prac
titioner only that it recommends it&elf. It should form a part of the course of reading by every
law student. He should peruse it pen in hand, and extract the prindples set forth in the text, for
the purpose of committing them !o memory."—Law Times.
Addison on Wrongs and their Remedies ; being a Treatise
on the Law of Torts. Fourth Edition. By F. S. P. WOLFERSTAN, Esq., Barrister-
at-Law. Royal Hvo. 1873. Price £1 l&s. cloth.
Browne's Probate Practice: a Treatise on the Principles
and Practice of the Court of Probate, in Contentious and Non-Contentious Business,
with the Statutes, Rules, Fees, and Forms relating thereto. By GEORGE
BROWNE, Esq., Barrister-at-Law. 8ra. 1873. i'rtce £1 Is. cloth.
" A cursory glance through Mr. Browne's work shows that it has been compiled with more thaQ
ordinary caro and intelligence, we should consult it with every confidence, and consequently
recommend it to those who require an Instructor in Probate Court Practice "—Law Times,
June 21, 1873.
Lely and Foulkes' Licensing Acts, 1828, 1869, and 1872,
1874 ; Containing the Law of the Sale of Liquors by Retail and the Management of
Licensed Houses ; with Notes to the Acts, a Summary of the Law, and an Appendix
of Forma. Second Edition. By J. M. LELY and W. D. I. FOULKES, Barristers-
at-Law. Royal 12mo. 1874. Price 8s. cloth.
Scott's Costs in the Superior Courts of Common Law, and
Probateand Divorce, and in Conveyancing; also in Bankruptcy!Act of 1869), Proceedings
in the Crown Office, on Circuit and at Sessions, and in the County Court ; together with
Costs of Interlocutory Rules and Orders under the Common Law Procedure Acts,
1852 and 1854, Bills of Exchange Act, 1855, kc., kc, and the Railway and Canal
Traffic Act, 1854. With an Appendix containing the Costs under the Parliamentary
Elections Act, 1868. By JOHN SCOTT, Esq., of the Inner Temple, BarriBter-at-Law,
Reporter of the Court of Common Pleas. Third Edition. Royal 12mo. 1868-73.
Price Us. cloth.
"Mr. Scott's work is well known to the profession. It is an extensive collection of taxed bills
of costs in all branch* s of practice, supplied to him probably by the taxing-masters. Such a work
speaks for itself. Its obvicas utility is its best recommendation."—Law limes.
'* 4 Taxation of Costa '—In re Foster. Vice-chancellor Wood said that Mr. Scott's book was a
competent authority upon the subject.''— Times.
Notcutt's Factory and Workshop Acts ; comprising all the
Laws now in force (including the Act of 1874) for the Regulation of Labour in
Factories and Workshops. With Introduction, Explanatory Notes, Notes of the
Decided Cases, &c. By GEORGE JARVIS NOTCUTT, Esq., of the Middle Temple,
Barristcr-at-Law. 12mo. 1874. Price 9>. cfofA.
Eoscoe'a Digest of the Law of Evidence in Criminal
Cases. Eighth Edition. By HORACE SMITH, Esq., B.A., Barrister-at-Law.
Royal 12n,o. 1874. Price £1 lis. 6<i. cloth.
vmmn '.full LIBRflRy
A COMPENDIUM
REAL AND PERSONAL PROPERTY
PRIMARILY CONNECTED WITH CONVEYANCING:
DESIGNED AS
A SECOND-BOOK FOR STUDENTS,
A DIGEST OF THE MOST USEFUL LEARNING
FOR PRACTITIONERS.
BY JOSIAH W. S^IITII, B.C.L, Q.C.,
JUDGE OF COUNTY COURTS.
(EDITOR Or FFARNE'S CONTINGENT REMAINDERS AND EXECUTORY DEVISES, AND MITFORD's
CHANCERY PLEADINGS ; AUTHOR OF A MANUAL OK EQUITY, A MANUAL OF
COMMON LAW, AND A MANUAL OF BANKRUPTCY J AND ONE OF THE
CONSOLIDATORS OF THE CHANCERY ORDERS.)
Jfmtrtfr (gbittoir.
IN TWO VOLUMES.
VOL I.
LONDON :
STEVENS AND SONS,' 119, CHANCERY LANE.
iUtt EcoKsclltrs anB Uutlislitrs.
1870.
LONDON :
STEVENS AND RICHAHDSON, ritlNTEIlS, fi, CBKAT QUEEN STBEET,
LINCOLN'S INN FIELD?, W.C.
TO
THE RIGHT HONORABLE
THOMAS, BARON TRURO,
LATE LORD HIGH CHANCELLOR OF GREAT BRITAIN,
WHO
CAUSED THE GREATEST AND MOST BENEFICIAL AMENDMENTS TO BE
EFFECTED IN THE PROCEDURE OF THE COMMON LAW COURTS J
GAVE SUCH INCREASED EFFICIENCY TO THE COURT OF CHANCERY,
BY THE MEASCRE HE INTRODUCED FOR THE APPOINTMENT
OF THE LORDS JUSTICES ;
AND
EXERCISED HIS JUDICIAL FUNCTIONS
WITH TRULY CONSCIENTIOUS AND LABORIOUS CARE,
WITH DIGNITY AND URBANITY,
AND WITH ACCURATE DISCRIMINATION AND SOUND JUDGMENT.
THIS ATTEMPT
TO FACILITATE THE KNOWLEDGE OF
THE LAW OF PROPERTY CONNECTED WITH CONYETANCING,
M.
BY PERMISSION,
MOST RESPECTFULLY INSCRIBED,
1855.
PREFACE
TO THE FOURTH EDITION.
There are " First-Books " of established reputation
(such as the works of Mr. Justice Blackstone, Mr.
Serjeant Stephen, and Mr. Joshua Williams, Q.C),
and various general treatises connected with prece
dents, besides a host of works on particular subjects.
But it appeared to the Author, when he first pub
lished the present work, that a well-arranged and com
prehensive) a concise and yet clearly and accurately
expressed Second-Book for Students, on Real and
Personal Property, and a Digest of the most useful
learning for Practitioners, was much needed. And
this is the kind of book which he has attempted and
laboured to supply. In the first instance, the mate
rials were collected for his own use, under an
oppressive sense of his own personal responsibility
as an equity and conveyancing counsel ; and the
book was afterwards published in the belief that
the same want which he had experienced must have
been felt by others.
It was intended as a text-book of a general, but not
of a merely elementary character, for the use of
students, and as a help to practitioners upon the