312 QUERIES. Queries. Editor's Letter Box. Law of Property and Conveyancing. APPOINTMENT.-FINES AND RECOVERIES ACT. A piece of freehold land was by indentures of lease and release conveyed in 1834, by A. to B., "To hold unto the said B. and C. his wife, their heirs and assigns, to such uses, upon such trusts, to and for such intents and purposes, and with, under, and subject to such powers, provisoes, agreements, and declarations, as the survivor of them the said B., and C. his wife, by any deed or deeds, writing or writings, with or without power of revocation, or by his or her last will and testament in writing, or any codicil or codicils thereto, to be by him or her legally executed, shall from time to time direct, limit, or appoint. And in default of, and until such direction, limitation, or appointment, and so far as the same shall not extend, to the use of the heirs and assigns of the said B. for ever."-B., and C. his wife are both living, and are desirous of selling the land; but it is contended by their attorney, that the appointment cannot be exercised until after the death of one of them. Have B., and C. his wife, the power of conveying with a marketable title, to a purchaser under the Fines and Recoveries Act, or by what other means? MORTGAGE.-POWER OF SALE. S. In 1813 F. made a will, and gave all his estates to Thomas, John, and Eliza, as tenants in common, but neglected to surrender his copyhold estate to the use of his will. He died in 1814. Thomas being his heir at law, was as such admitted to the copyholds in 1814. A short time since the freehold property was divided, and John and Eliza and her husband surrendered all their estate and interest in the copyhold to Thomas, as a confirmation of his title. Must Thomas (he having been admitted and paid the fine, and has since annually paid the quit-rents) be again admitted on the surrender of John and Eliza and her husband? V. WILL. MARRIED WOMAN. Where a narriage settlement directs, that if the wife die in the lifetime of her husband, the trust funds shall be upon such trusts, and for such purposes, as she by her will attested by two witnesses shall appoint: is this sufficient to give her the power of making a will, in his lifetime, in his favour or otherwise, not withstanding her coverture? W. J. G. ANNUITY-BANKRUPT SURETY. By the 55th section of the Bankrupt Act, 6 G. 4, c. 16, it is enacted, "That it shall not be lawful for any person entitled to any annuity granted by any bankrupt, to sue any person who may be collateral surety for the payment of such annuity, until such annuitant shall have proved under the commission against such bankrupt for the value of such annuity, and for the arrears thereof; and if such surety after such proof pay the amount proved as aforesaid, he shall be thereby discharged from all claims in respect of such annuity; and if such surety shall not (before any payment of the said annuity subsequent to the bankruptcy shall have become due) pay the sum so proved as aforesaid, he may be sued for the accruing payments of such annuity, until such annuitant shall have been paid or satisfied the amount so proved, with interest thereon at the rate of 4 per cent. per annum, from the time of notice of such proof, and of the amount thereof being given to such surety, &c." I shall be glad to be informed by any of your readers, whether after the annuitant has proved the value of his annuity under the fiat of bankruptcy against the grantor, in manner required by the act, it be incumbent upon him, the annuitant, to give to the surety the notice of such proof and the amount thereof, before such surety can be sued for the accruing payments. As the act discharges the surety so soon as he shall have paid the amount proved, with interest at 4 per cent., from the time of his having notice of the proof and the amount thereof, no annuitant desirous of his annuity being continued in the terms of his grant, would volunteer such notice to the surety; but in case he does not, can he be in any, and what manner, prejudiced by not giving it? 0. THE EDITOR'S LETTER BOX. We have for some time contemplated a small Work for the use of Articled Clerks and other Law Students, which should contain advice as to their studies in all branches of the Law; the management of Offices; the selection of a Law Library, and many other matters, with the particular view of giving the best assistance in the intended examination of attorneys under the new rule. From the forward state of the MS., we think we shall be able to publish it early in March. 66 The Queries and Answers of W. B. J.; T. S.; C. W. M.; Temple, Jun. ;" and "A Constant Reader," have been received. The Communications of W. F. and "Aspiro," are under consideration. The subject of Chancery Reform, the Bill relating to the Ecclesiastical Courts, several important Decisions, the Examination of Attorneys, and other matters, have induced us this week to publish a double number, which, we trust, will meet with the approba tion of our readers. The Legal Observer. SATURDAY, FEBRÚARY 27, 1836. "Quod magis ad NOS Pertinet, et nescire malum est, agitamus. HORAT. THE PROGRESS OF LAW REFORM. | ed. These are only some of the advan THE Session is now sufficiently far adtanced for us to resume our general statement of the measures which have been, or are about to be proposed, which in any way relate to our own profession; and although no new bill has, as yet, been introduced, yet several very important projects, which have hitherto failed or been permitted to sleep, have made considerable progress, and will probably very soon become the law of the land. tages of the measure, to which we heartily wish success. See further as to it, post, p.326. The next bill of any importance connected with the law, which has been discussed, is the Prisoners' Counsel Bill. The principle of this bill has been admitted by a very large majority of the House of Commons-179 to 35; and we were happy to see that it was not taken up as a party question. We have already repeatedly expressed ourselves in favour of this measure; and we had great pleasure in seeing that its advocates in the House included almost all those whose opinion is particularly entitled to weight with the profession and the public. Sir F. Pollock, the Attorney General, Mr. Serjeant Wilde, and almost every lawyer of eminence, are in its favour; and the opposition to it seems con in esse or in posse. We have no doubt that it will pass this Session, although it has been referred to a Committee, with the object of rebutting the evidence against it, taken, it is said, before the Committee of the House of Lords. The most important of these is the bill for the Consolidation of the Ecclesiastical Courts, the important clauses of which we gave very fully in our last number, with a statement of its principal provisions. This bill, which is founded on the Report of the Ecclesiastical Commissioners,-whose Re-fined to a few chairmen of quarter sessions, porta contains the grounds and reasons for it,-was introduced in the last Session of Parliament by Lord Lyndhurst; and having been now taken up by the Lord Chancellor, will soon pass into law. Although it will be attended with some partial injury, we are satisfied that it will be found of great benefit to the community at large. We can bear testimony to the great incon venience which is now felt in practice by the conflicting jurisdiction of the existing Courts of Probate; and the whole measure proceeds on the principle which we have frequently advocated-the central administration of justice. We are assured, that when this bill comes into operation, the expense as well of the probate of wills, as the search for them, will be much diminish We are happy to see that a bill for the Regulation of Births, Deaths, and Marriages, has at last been introduced, with every prospect of passing, by Lord John Russell, and that the grievances of the Dissenters in this, and also in the Law of Marriage, will at last be redressed. A bill for the Commutation of Tithe, a measure which we have long advocated, has also been introduced, with the concurrence of all parties. As far then as the Session has pro b See 10 L. O. 225. Y The Man of Business, or Pocket Companion for Solicitors, Auctioneers, Estate Agents, Valuers and Owners of Property; comprising Precedents, Memoranda, Rules, Tables and Calculations, in those Matters of Professional and General Business requiring Attention when Reference cannot be had to the Library: many of the Tables and Calculations being on an entirely New Principle, facilitating, very greatly, all Calculations and Estimates of Values, Quantities, Contents, Life Annuities, Contingent and Terminable Interests, &c. &c. &c. By Rolla Rouse, Solicitor. Richards & Co. 1836. THE Proprietors of the Legal Observer, being interested in the success of this work, are not entitled to be heard in its commendation; but we may properly, on their behalf, state to our readers the object of the author. This will be best collected by the following extracts from his Preface: Having completed the work thus remodelled, and there being no publication comprising in a similar form the information it contained, I trust it will be found useful not only to professional men and men of business, but to all who, as owners of property, desire to have reference to calculations and arrangements which they may wish for in relation to the purchase or disposal of property, its value, and the contracts, securities, and preliminary steps connected with the different transactions incidental to society." The following is a concise statement of the contents: In Legal Matters: Affidavits, Agreements, Bail, Bankruptcy, Bills of Sale, Bonds, Cognovits, Conditions of Sale, Debtor and Creditor Deeds, Distresses and Replevins, Guarantees, Notices, Riot, Stamps, Warrants of Attorney, Warranties, Wills, &c. &c. In General Business: Valuations of Estates, Freehold, Copyhold, or Leasehold; Annuities, Reversions, Next Presentations, Deferred Annuities and Payments, and other Property; Measurement of Land, Roofs, Artificers' Work, Solid and Superficial Measure, Weight, and Contents; Calculations of Interest; Auction Duty; Comparative Contents and Weight. With a view to shew the application of different parts of the book, we extract the following observations and directions of the author. "With regard to an acknowledgment on deposit of deeds, I would remark, that care must be taken not to insert words of agreement, as "The importance of combining readiness an agreement for deposit would be liable to a with accuracy must be admitted by all who, mortgage stamp. The course I would suggest, either professionally or in relation to the ma- where it is desirable to avoid the expense of a nagement of property, have their attention mortgage, and yet to insure the obtaining a called to matters of business; and the advan- subsequent mortgage, if required, is as follows: tage of having the requisite data in a compact-Take the memorandum given in page 1, with form, must be equally obvious. Under this feeling, I sketched out for my own use on commencing practice, a manuscript pocket-book, containing those forms and memoranda which appeared likely to be wanted when reference could not be immediately had to other works or precedents. The information thus collected, though much less comprehensive than that given here, has been of great use to me in practice; but as my attention became extended, I found that it would be very desirable to re-draw the book, adding to and revising the professional precedents, and embodying rules and tables connected with valuations, and the other questions to which the attention of the solicitor, as well as the man of general business, is frequently turned. a note of hand for the amount, and a memorandum in the following, or a similar form, separate from the acknowledgment: Mr. A. B. having this day advanced me, C. D., 300%. upon my agreeing to execute a mortgage of my estate at, &c. for that sum, and lawful interest, I hereby agree, upon request, to execute in favour of him, his executors, administrators, and assigns, a mortgage of that estate, with [a power of sale und] all proper covenants and stipulations, the same to be prepared by the solicitor of the said 4. B., at my expense; and I further agree, that if from my refusal or neglect to execute, it shall be requisite to stamp this agreement, to pay all attendant and consequent expenses.' "In Agreements for Sale.-I have taken great pains to guard sellers against frivolous requisitions on the part of the purchaser, and also to protect the purchaser's solicitor from feeling himself bound to make requisitions, which, though he knows they might be safely dispensed with as regards his client, he deems Notices of New Books.- New Bills in Parliament. 315 The table of auction duty on estates will be found useful to refer to when bidding, in order to counteract the effect of the auctioneer's eloquence; and I should advise those gentlemen who are about to bid at auctions, to make a table of the comparative value of pounds and guineas, for the like reason. it incumbent on him to make, in order to guard | which combines economy in space with accuagainst the imputation of neglect on a future racy and ease in obtaining results. sale, when his client omits to make prudent stipulations for his protection. These agreements, though concise, have been framed after reference to a great number of precedents and points of practice, and I have devoted much care and time to their preparation, well knowing the importance of such agreements. The same observations apply to conditions of sale; for though too frequently drawn with scarcely any, they require the greatest consideration. In drawing them, reference has been made to upwards of a hundred printed conditions; and I am confident they will be found to embody all the points likely to arise on conditions. "In drawing guarantees, the principal point to be borne in mind is, that the consideration must be stated or implied; as the supplying goods, withholding or discontinuing proceed ings, &c. "The decimal of a perpetuity will greatly facilitate calculations in value of lives, leases, &c. ; as will the decimal of a pound in all calculations connected with money. "The tables of interest are from Mr. Smart's work, and will also aid greatly in many calcu lations. "The interest table requires this explana tion:-The interest on any number of sums for any number of days may be obtained from it in one calculation, by multiplying each sum by its days, adding the products, and taking the "The observations on stamps will be found to interest on the sum total from the table. The contain information of great utility in matters results may also be obtained, at any rate of inwhen delay would be attended with danger: Iterest, by making the deductions mentioned in allude to the stamping deeds after execution. the table. There are many cases when it is of the utmost importance to have documents prepared without a moment's delay, and where stamps cannot be obtained; and the impression is very general, that deeds cannot be stamped after execution. To guard against inconvenience arising from such a fear, I have stated the circumstances under which deeds can be subsequently stamped, and I hope the information may not prove useless. "In the comparative value of freeholds and copyholds, or rather the value of estates part freehold and part copyhold, I have adopted the principle, that where there is no life on the copyhold the difference of the value is five years' purchase. I have brought out the results in a tabular form, so as to carry each value to its respective column in the progress of the calculation. Perhaps one observation should be added, that if the estate is part leasehold as well as part freehold and copyhold, the separate value of the leasehold should be obtained under the rule for valuing leaseholds, and the remainder of the purchase money then apportioned between the freehold and copyhold." “Life Annuities.-Table 44 will be found of great use, as the Northampton Tables may be considered almost obsolete, and the true values, which I have here given, are not readily attainable. The theorem (which is an alteration by my father from the hypothesis on which De Moivre grounded his values) will be found useful as an approximating rule, when a different rate than 4 or 5 per cent. is required, and the ages are not much above 60. "Reversions and next Presentations.-These rules I have limited to absolute interests; but if contingent on a life, the rule will be, multiply the value of the absolute interest by the decimal expressive of the value of the life on which the contingency depends. "In referring to the tables, I would mention, that most of them are calculated on a principle "The only concluding remark I have to make is, that, intending the work for my own use, I have spared no pains in the preparation and selection of its contents; and I am not without expectation that it will be found useful, not only to my professional brethren, but to men of business in general." With this description of the nature of the work, and these specimens of the author's ability, we commit it to the attention of our subscribers and friends; and confess that we shall feel not a little disappointed if they do not thank us for the opportunity of possessing a "Pocket Companion," which we think must be as useful to the solicitor and man of business, as the "Circuit Companions" are to the barrister. NEW BILLS IN PARLIAMENT. MARRIAGES IN ENGLAND. Reciting that it is expedient to amend the law of marriages in England, this Bill enacts: 1. That after the first day of January, in the year 1837, no parson, vicar, minister, or curate, in England shall be obliged to publish the bans of matrimony between any persons whatsoever. 2. That after the first day of January, notice of every intended marriage in England shall be given in writing, signed by one of the parties, in the form of schedule (A.) to this act annexed, to the registrar of the district within which the marriage is intended to be solemnized, and every such notice shall state the proper name and surname, and the profession or condition of each of the parties intending marriage, the dwelling-place of each of them, and the time during which each has dwelt therein, and where either of the parties, not being a widower or widow, shall be under the age of twenty-one years, that such marriage is intended, with the consent of the person or persons whose consent to such marriage is required by law, or that there is no person having authority to give such consent: provided always, that if either party hath dwelt in such place during more than one calendar month, it may be stated in the notice that he or she hath dwelt there during one month and upwards. granting such license, which shall be account ed for by him to the Registrar-General : provided always, that no Superintendent-Registrar shall grant any such license until he shall have given security by his bond, in the sum of one hundred pounds, to the Registrar-General for the due and faithful execution of his office provided also, that nothing herein contained shall authorize any Superintendent-Registrar to grant any license for the celebration of any 3. That the Registrar shall file all such no-marriage according to the rites of the church tices, and from time to time, at such times as of England. shall be directed by the Registrar-General, 6. That before any such license be granted shall deliver them to the Superintendent Re- by the Superintendent-Registrar, one of the gistrar of the district, to be kept with the re- parties intending marriage shall appear personcords of his office, and shall also forthwith copy ally before the Superintendent. Registrar and all such notices fairly into a book, to be for certify under his or her hand, that he or she that purpose furnished to him by the Registrar- believeth that there is not any impediment of General, to be called "The Marriage Notice kindred or alliance, or other lawful hindrance Book," the cost of providing which shall be to the said marriage, and that one of the said defrayed as is the cost of providing register-parties hath for the space of fifteen days immebooks of births, deaths, and marriages; and the diately before such license had his or her usual Marriage Notice-Book shall be open at all rea- place of abode within the Registrar's district sonable times without fee to all persons desirous within which such marriage is to be solemnized, of inspecting the same; and the Registrar and where either of the parties, not being a shall give under his hand to the party requiring widower or widow, shall be under the age of 21 the same a certificate of notice, and of the en-years, that such marriage is intended with the try of such notice, in the form of schedule (B.) to this act annexed, and for every such entry and certificate the Registrar shall be entitled to have a fee of one shilling: provided always, that no such notice shall be received, or certificate given, by any Registrar, unless some person, known by the Registrar, and by whom the parties intending marriage are known, shall personally appear before the Registrar at the 7. That the like consent shall be required to time of the delivery of the notice, and certify any marriage under this act as was required by thereon, under his hand, that to the best of his law to marriages solemnized by license immeor her knowledge and belief the parties intend-diately before the passing of this act. ing marriage are therein truly described. 4. That after the said first day of January, no marriage, unless by license, shall be solemnized or registered in England until after the expiration of twenty-one days after the day of the delivery of such certificate of notice; and no marriage shall be solemnized by license or registered until after the expiration of seven days after the day of the delivery of such certificate of notice; and every such certificate shall be delivered to the officiating minister, if the marriage shall be solemnized according to the rites of the church of England, and otherwise shall be re-delivered to the registrar present at the celebration of such marriage as hereinafter enacted: provided always, that nothing herein contained shall affect the right of the Archbishop of Canterbury and his successors, and his and their proper officers, to grant special licenses to marry at any convenient time and place. consent of the person or persons whose con-, sent to such marriage is required by law, or that there is no person having authority to give such consent, as the case may be, and all such licenses and certificates shall be liable to the same stamp duties as licenses of marriages granted by the, ordinary of any diocese, and affidavits made in order to procure the same. 8. That whenever a marriage shall not be had within three months after certificate of notice shall have been so delivered by the Registrar, no person shall proceed to solemnize the same, nor shall any Registrar register the same, until new notice shall have been given, and certificate thereof in manner aforesaid, and until after the expiration of seven days after such new certificate, if due license in that behalf shall have been obtained, or without license until after the expiration of twenty-one days after such new certificate. 9. That any person on payment of one shilling may enter a caveat with the Registrar against the marriage of any person named therein; and if any caveat be entered with the Registrar, such caveat being duly signed by or on behalf of the person who entered the same, with his place of residence, no certificate of notice shall be delivered touching the marriage of the person named in the caveat, until after 5. That after the said first day of January, notice of the application shall have been sent every Superintendent Registrar shall have au- through the Post-office to the person by or on thority to grant licenses for the speedy celebra-behalf of whom the caveat was entered. tion of marriage within his district, under the provisions of this act, in the form of schedule C.) to this act annexed, and for every such license shall be entitled to have of the party requiring the same the sum of three pounds above the value of the stamps necessary on 10. That any person, on payment of five shillings, may enter a caveat with the Superintendent Registrar against the grant of a license for the marriage of any person named therein, and if any caveat be entered with the Superintendent-Registrar, such caveat being |