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KRAUS, FREDERICK, Weston super Mare, Baker. Bridgwater. Pet Sept 29. Ord PROUDFOOT, DANIEL, Carlisle, Fish Dealer. Oct 19 at 4. Off Reo, 34, Fish st,

Carlisle
Oct 7
LOVEGROVE, HENRY, Slough. Windsor Chair Manufacturer. Windsor. Pet Oct READY, CHARLES, Sudbury, Grocer. Oct 22 at 12. 33, Carey st
7. Ord Oct 7

ROBINSON, GEORGE HARRY, Leeds, Bookseller. Oct 20 at 11. Off Rec, 22, Park MILLET, EDWARD, Bishopston, Gloucester, Bank Clerk. Bristol. Pet Oct 7.

row, Leeds Ord Oct 7 OGDEN, JOHN, Liversedge, Yorks, Innkeeper. Dewsbury. Pet Oct 6. Ord

ROLFE, JAMES. Ebeffield, Beerhouse Keeper. Oct 19 at 12. Off: Rec, Figtree

lane, Sheffield Oct 7

ROSBITER, CHARLES JAMES, Bridgend, Lioensed Victualler. Oct 22 at 11. Off PALFREE, HENRY, Derby, Game Dealer. Derby. Pet Oct 7. Ord Oct 7

Rec, 3, Ornckherbtown, Cardiff PARKINS, THOMAS, Green Market, Carlisle, Fish Hook Maker. Carlisle. Pet Oct SHORT, JOHN. Buxton, Derbyshire, Boot Maker. Oct 19 at 12. Off Rec, Cuunty 8. Ord Oct 8

chbrs, Market pl, Stockport PARRY, RICHARD WILLIAM, Llanfairpwllgwyngyll, Anglesey, Draper. Bangor. STYLES, ELIZABETH, 'Rugby, Licensed Victualler. Oct 20 at 10.45. E. C. PeaPet Oct 7. Ord Oct 7

gam, Solicitor. North st, Rugby PROUDFOOT, DANIEL, Carlisle, Fish Dealer. Carlisle. Pet Oct 6. Ord Oct 6 THOMAS, JOHN, Convil Elvet, Carmarthenshire, Farmer. Oct 18 at 11. Off Rec,

Carmarthen ROBINSON, LEWIS, Barrow in Furness, Fishmonger. Ulverston and Barrow in

TOOBY, ALICK, Berrow, Worcestershire, Farmer. Oct 21 at 11. Off Rec, Furness. Pet Oct 5. Ord Oct 5

Worcester SCRIVEN, HENRY, Womersley, Yorks, Farmer. Wakefield. Pet Oct 8. Ord

WALMSLEY, JOHN, Huddersfield, Cotton Spinner. Oct 19 at 11.30. 16, Wood st, Oct 8

Bolton SHIRLEY, WILLIAM EDWOOD, York Castle, Yorks, Solicitor. Sheffield. Pet Aug | WHITEHEAD, SMITH, WILLIAM RENNIE WHITEHEAD. and VIRGIL WHITEHEAD, 18. Ord Oct 6

Bradford, Manufacturers. Oct 20 at 11. Off Rec, 31, Manor row, BradSILVESTER, ERNEST F., Chancery lane, Barrister at Law. High Court. Pet Aug ford 6. Ord Oct 6

WILSON, JOHN HENRY, Sutton Mill, nr Kudwick, Yorks, Tailor. Oct 19 at 11. STAMMERS, ARTHUR, Folkestone, Tailor. Canterbury. Pet Oct 7. Ord Oct 7

Off Rec, 31, Manor row, Bradford STEAD, THOMAS, and RICHARD STEAD, Leeds, Tailors. Leeds. Pet Oct 6. Ord

ADJUDICATIONS. Oct 6 TAYLOR, WALTER JAMES, Westonznyland, Somersetshire, General Shop Keeper. ALLONBY, JOHN, Liverpool, Team Owner. Liverpool. Pet Sept 29. Ord Oct 6 Bridgwater. Pet Oct 7. Ord Oct 7 Pembroke Dock. BLAKE, JAMES, Manchester, Boiler Maker.

Manchester, THOMAS, JOHN, Saundersfoot, Pembrokeshire, Builder.

Pet Aug 30. Ord

Oct 7 Pet Oct 5. Ord Oct 5

BLYTH, WILLIAM FRANCIS, Park sq, Bethnal green, Surgeon. High Court. Pet TINGLE, WILLIAM HENRY, Ecclesfield, Yorks, Farmer. Sheffield. Pet Sept 22.

Aug 30. Ord Oct 6
Ord Oct 7
TOMLIN, THOMAS ARTHUR, Sheffield, Watchmaker. Sheffield. Pet Oct 7. Ord

BEDINGHAM, BENJAMIN GEORGE, Sheffield, Cabinet Maker. Sheffield. Pet Sept

19 Ord Oct 6 Oet 7

BOLT, WILLIAM JOHN, Birkenhead, Clothier. Birkenhead. Pet Sept 2. Ord TOOBY. ALICK, Berrow, Worcestershire, Farmer. Worcester. Pet Oct 7. Ord

Oct 6 Oct 7 UPTON, WILLIAM, Narborough, Leicester, Coal Merchant. Leicester. Pet Sept BRAY, NICHOLAS, St Kew, Cornwall, Carpenter. Truro. Pet Sept 19. Ord Oct 8 24. Ord Oct 7

BRIGHT, A LEXINA, Mildenhall, Suffolk, Milliner. Bury St Edmunds. Pet Sept WHITEHEAD, SMITH, WILLIAM RENNIE WHITEHEAD, and VIRGIL WHITEHEAD, 20. Ord Oct 8 Bradford, M.nufacturersBradford. Pet Oct 6. Ord Oct 6

BUTLER, THOMAS, Cranborne, Farmer. Poole. Pet Oct 6. Ord Oct 6 WHITEHEAD, WALTER, Fleetwood, Lancashire, Hairdresser. Preston. Pet Oct 6, Ord Oct 7

BUTTERWORTH, EDWARD JACKSON, Manchester, Bedding Manufacturer. ManWYNDE, MARGARET, Dudley, Worcestershire, Fancy Goods Dealer. Dudley. chester. Pet Oct 8. Ord Oct 8 Pet Oct 4. Ord Oct 4

DAVIS. THOMAS HENRY, and GEORGE LISTER LAIRD, Liverpool, Paint ManufacYATES, GEORGE, Bath, Printer. Bath. Pet Oct 7. Ord Oct 7

facturers. Liverpool. Pet Oct 7. Ord Oct 7

ECCLES, JAMES, York, Offal Dealer. York. Pet Oct 8. Ord Oct 8
FIRST MEETINGS.

ENNEVER, WILLIAM, Woburn mews East, Russell sq, Carman. High Court.
BARNARD, LOVISA HOPKINSON, Sheffield, Confectioner. Oct 19 at 11. Off Rec, Evans, JOHN, Penygraig, Grocer. Pontypridd. Pet Oct 6. Ord Oct 8
BARR, WILLIAM SEYMOUR, Cardiff. Merchant Tailor. Oct 19 at 11. Bankruptcy FIELD, THOMAS MEAGHKR, Worsley road, Hampstead, Printer. High Court.

bogs, Portugal st, Lincoln's inn BEVAN, EVANS, & Co, Swansea, Brokers. Oct 20 at 11. Off Rec, 6, Rutland st,

Pet Aug 20. Ord Oct 6 Swansea

GLYNN, FREDERICK, Kidderminster, Builder. Kidderminster. Pet Sept 18.

Ord Oct 5 BUTLER, THOMAS, Cranborne, Dorset, Farmer. Oct 20 at 2.30. Off Rec, Salisbury

GRIFFITHS, JONAH, and THOMAS JONES, Blaenau Festiniog, Merioneth, Grocers. CAINE, CHARLES MADRELL, and GEORGE OSCAR CAINE, Liverpool, Pawnbrokers.

Bangor. Pet Aug 18. Ord Oct 4 Oct 19 at 2. Off Rec, 35, Victoria st, Liverpool

HANN, HERBERT, and WILLIAM HENRY FLANN, Bournemouth, Builders' MerCAINE, JANE, Liverpool, out of business. Oct 19 at 8. Off Rec, 35, Victoria st,

cbants. Poole. Pet Aug 30. Ord Oct 7 Liverpool

HAWKINS, CHARLES EDWARD, Derby, Plumber. Derby. Pet Oct 7. Ord Oct 7 Cox, JAMES RICHARD, Southsea, Baker. Oct 24 at 3.30. 166, Queen st, Portsea

HESSE, EMIL, Kent ter, Regent's pk. High Court. Pet Aug 30. Ord Oct 8 DENCH, ALBERT, Southsea, Ironfounder. Oct 24 at 4. 166, Queen st, Portsee EASTWOOD, JOHN, Leeds, Butcher. Oct 18 at 12. Off Rec, 22, Park row, Leeds

HORNER, JAMES READ, Salterhebble, nr Halifax, Chemical Manufacturer.

Halifax Pet Oct 6. Ord Oct 8 ECCLES, JAMES, York, Offal Dealer. Oct 21 at 12. Off Rec, York

HUNT, CORNELIUS, Bournemouth, Provision Dealer. Poole. Pet Oct 8. Ord ELVISH, FREDERICK, Kirkby Cross, nr Colchester, Engine Driver. Oct 26 at 11. HUNT, JAMES, Barrow in Furness, Farmer. Ulverston and Barrow in Furnese. Townhall, Colchester

Pet Sept 12. Ord Oct 5
FARRINGTON, THOMAS HENRY, Walsall, Auctioneer. Oct 20 at 11.15. Off Rec,
Walsall

ISAACSON, WILLIAM, jun, Depden, Suffolk, Farmer. Bury St Edmunds. Pet GOSWIN, F W, Milton st. Wire Merchant. Oct 19 at 12. Bankruptcy bldgs, Por JAMES. STANLEY CARLYLE, Derby, Commission Agent. Derby. Pet Oct 7. Ord

tugal st. Lincoln's ion fields GRIFFITHS ROBERT JAMES, St Martin's lane, Jeweller. Oct 20 at 11. 33, Carey JONES, THOMAS, 2'revor, Carnarvon, Settmaker. Bangor. Pet Oct 6. Ord Oct 6

street, Lincoln's inn GREENWAY, BELYNGE, THOMAS GREENWAY, GEORGE CATTELL GREENWAY, and MCARTHUR, WILLIAM, Leadenhall st, Merchant. High Court. Pet Aug 17. SAMUEL CLARK SMITH, Warwick, Bankers. Oct 27 at 11, Shireball,

Ord Oct 8
Warwick
OGDEN, JOHN, Liversedge, Yorks, Innkeeper.

Ord

Dewsbury Pet Oct 6. HARDACRE, RICHARD, Keighley, Yorks, Bootmaker. Oct 19 at 12. Off Rec, 31,

Oct 6 Manor row, Bradrord

PALFREE, HENRY, Derby, Game Dealer. Derby. Pet Oct 7. Ord Oct 7 HAYHURST. HENRY JAMES, Hastings, Jeweller. Oct 18 at 12. Bankruptcy bldgs, PARKINS, THOMAS, Carlisle, Fish Hook Maker. Carlisle. Pet Oct 8. Ord Oct 8 HAYTER, TOM BAKER, Fratton, Hampshire, Builder. Oct 24 at 1.30. 166, Queen PARRY. RICHARD WILLIAM, Llanfairpwllgwyngyll, Anglesey, Draper. Bangor. HOLMES. ROBERT, Forest Hall, Northumberland, Builder. Oct 22 at 10.30. Of PAVY, BENJAMIN, Pewsham, Wilts, Shopkeeper. Bath. Pet Oct 1. Ord Oct 8

Rec, Pink lane, Newcastle on lyne HORNER. JAMES READ. Salterhebble, nr Halifax, Chemical Manufacturer. Oct PROUDFOOT, DANIEL, Carlisle, Fish Dealer. Carlisle. Pet Oct 6. Ord Oct 6

21 at 3.80. Off Rec, Halifax JACKSON, EBENEZER, Cheapside, Auctioneer. Oct 18 at 12. 33, Carey st, Lin

SCRIVEN, HENRY, Womersley, Yorks, Farmer. Wakefield. Pet Oct 8. Ord coln's inn

Oct 8 JAMES, STANLEY CARLYLE. Derby, Commission Agent. Oct 21 at 12

SMITH. GEORGE, Kettering, Hairdresser. Northampton. Pet Sept 29. Ord

Off Rec, St James's cbmbrs, Derby

Oct 8 JESTER, ALFRED ALBERT THOMAS, Walsall, Corn Dealer. Oot 26 at 11.15. Off

STAMMERS, ARTHUR, Folkestone, Tailor. Canterbury. Pet Oct 6. Ord Oct 7 Rec, Walsall JEWISON. ALFRED WILLIAM, Scarborough, Innkeeper. Oct 18 at 11. Off Rec, 74,

STEAD, THOMAS, and RICHARD STEAD, Leeds, Tailors. Leeds. Pet Oct 6. Ord

Oct 6
Newborough st, Scarborough
JONES, EDMUND MATTHEW, Aberkenfig, nr Bridgend, Grocer. Oct 22 at 12.

TOOBY, ALICK, Berrow, Worcester, Farmer. Worcester. Pet Oct 7. Ord Oct 7

Off Rec, 3, Crock herbtown, Cardiff

VARNEY, HENRY, and THOMAS VARNEY, Liverpool st, Bootmakers. High Court. JONES, RICHARD JOHN, Llanynghenedl, Anglesey, Grocer. Oct 25 at 12. Off Rec,

Pet Aug 10. Ord Oct 6 Crypt chmbrs, Chester

WALMSLEY, JOHN, Huddersfield, Cotton Spinner. Bolton. Pet Sept 20. Ord KING, THOMAS BELLAMY, Grove lane, Camberwell, out of occupation. Oct 18 at 11. 33, Carey st. Lincoln's inn

WELLS, STANDISH GRADY, Swansea, lonkeeper. Swansea. Pet Sept 28. Ord KNOWLES, MARK, Heckmondwike, Yorks, Draper. Oct 18 at 3. Off Rec, Bank chbrg. Batley

WHITEHEAD, WALTER, Fleetwood, Lancs, Hairdresser. Preston. Pet Oct 6. LEVERITT. RICHARD, Clee, Lincolnshire, Master of Fishing Smack. Oct 20 at 12.

Ord Oct 6
Off Rec. 3, Haven st. Gt Grimsby
LLOYD, JOHN EVAN, Porth. Alam, Provision Dealer. Oct 18 at 3. Off Rec, 3,

WIGFALL, WILLIAM, the younger, Sheffield, Brush Manufacturer. Sheffield.

WILLIAMS. TREVOR LEWIS, Llanllyfni, Carnarvonshire, Quarryman. Bangor. MANLEY. EDWARD SAMUEL, Church, Lancs, Draper. Oct 19 at 3.80. Off Rec,

Pet Sept 29.
Ogden's chbrs. Bridge st, Manchester
MAYHEAD, JAMES WILLIAM. Well st, Hackney, Cheesemonger. Oct 19 at 11.

WILSON, CHARLES, Knottingley, Yorks, Draper. Wakefield. Pet Sept 17. Ord

Oct 7 33. Carey st, Lincoln's inn NALL, MARK, Buxton, Derbyshire, Joiner. Oct 19 at 11.30. Off Rec, County

chbis, Market pl. Stockport NETTLETON, JOHN, Wakefield, Builder. Oct 18 at 11. Off Rec, Bond terr, Wake

field PALFREE, HENRY, Derby, Game Dealer. Oct 21 at 11. Off Rec, St James's

SALES OF ENSUING WEEK, chbrs, Derby PEARCE, JOHN, Worksop, Notts, Grocer. Oct 19 at 1. Of Rec, Figtree lane,

Oct. 19.-Messrs. EDWIN Fox & BOUSFIELD, at the Mart, Tokenhouse-yard, at 3 Sheffield

Oct. 21.-Messis. FAIRBAIRN, ROBERTS, & Co., at the Mart, Tokenhouse-yard, at 2 p.m., Freehold Schoolhouse and Premises (see advertisement this week, p. 789

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Where difficulty is experienced in procuring the Journal with regularity, all letters intended for publication in the Solicitors' Journalmust be in the Country, it is requested that application be made direct to the

authenticated by the name of the writer. Publisher.

TANN'S

UNTEARABLE LETTER MAKERS,

COPYING BOOKS.

11, NEWGATE ST., LONDON, E.C. A

MESSRS.

SOLICITOB wishes to Purchase

CASHIER, or other Confidential Position

FIRE ! ! BURGLARS!!

EDE AND SON, JOHN

ROBE

BY SPECIAL APPOINTMENT, "ANCHOR RELIANCE”

To Her Majesty, the Lord Chancellor, the Whole of S A F E S the Judicial Bench, Corporation of London, &c.

(HOWARD'S PATENT.) FOR JEWELLERY, PLATE, DEEDS, BOOKS, &c.

ROBES FOR QUEEN'S COUNSEL AND BARRISTERS. 1,000 Leaf Book, 58. 6d.
SOLICITORS' GOWNS.

500 Leaf Book, 3s. 6d.
SOLICITORS' DEED BOXES.
Law Wigs and Gowns for Registrars, Town Clerks,

English made. and Clerks of the Peace. FIRE RESISTING SAFES, £4 10s., £5 58., and £8 5s. CORPORATION ROBES, UNIVERSITY AND CLERGY GOWNS

THE BEST LETTER COPYING BOOK OUT.

ESTABLISHED 1689.
LISTS FREE.
94 CHANCERY LANE, LONDON.

WODDERSPOON & CO.,

7, BERLE STREET, AND 1, PORTUGAL STREET, SALE DAYS FOR THE YEAR 1887. FAREBROTHER, ELLIS,

LINCOLN'S INN, W.O. SOLICITOR, admitted 1882, is de-irous following days have been fixed for their SALES

CLARK, & Co. beg to announce that the

Preliminary Notice.-Valuable Fceehold Properties of Purchasing a Practice or arranging for a of FREEHOLD and LEASEHOLD ESTATES,

at Hendon and Cricklewood, comprising two fully Partnership:-Address, W. E. A., 166, Greshamhouse, Old Broad-street, E.O. Ground-Rents, Reversions, and other Investments

licensed taverns, with yards and stabling adjoining; during the year 1887, to be held at the Auction Mart, 28 capital Dwelling-houses, all conveniently situated Tokenhouse-yard, near the Bank of England, E.C.

close to railway tions, and let to capital tenants small Wed., Oct 19 Thurs., Dec 1 Wed., Dec 14 at rents amounting to over £1,100 per annum; also London Practice bringing in about £300 per Wed., Nov 16

a Leasehold Dwelling-house and Premises in Groveannum.-Apply, PURCHASE," Solicitors' Journal” Other appointments for Special Sales will be

lane, Camberwell, and a Dwelling-house in LeighOffice, 27, Chancery-lane. arranged.-Nos. 29, Fleet-street, Temple Bar, E.C.;

ton-road, Kentish-town, likewise let to good 18, Old Broad-street, E.C.; and No. 14, Fitzjohn's tenants, presenting investments of a thoroughly parade, Hampstead, N.W.

sound and improving character.

ESSRS.
M

FAREBROTHER, experienced Man of good education and ad

ELLIS, CHANOERY LANE.

ULARK, & CO. are instructed to prepare for dress, a situation as Accountant, Cashier, or in other An exceedingly important and valuable Investment

SALE by AVOTION, at the MART, in NOVEMresponsible position, in a Solicitor's or Land Agent's in the handsome and substantial block of buildings Office, has had, both in London and Country, the

BER, the above-described eligible FREEHOLD and distinguished as the Law Courts-chambers, and

LEASEHOLD ESTATES, in numerous Lots. entire management of House Property, Vollection of being Nos. 33 and 34, Chancery-lane. The premises

Particulars will be announced in future advertiseRents, Interest, Tithes, Insurance, &c., and the occupy the entire frontage between Bream's.

ments, but may in the meantime be obtained at the rendering of the Accounts relating thereto; first class buildings and Church-passage, over an area of testimonials and security.-K., 8, Coldstream-terrace,

Auctioneer's Offices, 29, Fleet-st., Temple-bar, E.O.

over 6,000it , and are finished with imposing elevaCardiff.

tions of red brick with stone dressings. They
comprise basement, ground, and four upper floors, By order of the Second Mortgagees.- Freehold
arranged as business premises, offices, and profes. Schoolhouse and Premises, of Modern Erection,

siopal chambers, with a central entrance and two and standing in two acres, suitable for an inst (not legal) in a Solicitor's or other office; long experience in the collection of rents and manage

staircases running throughout. Mostly let on leases tion or college, beautifully situated on the high ment of house property; thoroughly reliable in every

or agreements to old and responsible tenants, the ground of Entield Chase, one mile from two stations way; varied business experience; well understands

principal portion of the ground floor frontage being and only ten from London. In full working order, book-keeping; unexceptionable references.-Address,

occupied by the Royal Insurance Company and with accommodation for 60 residents, lofty dining J. K., care of Coombes & Co., 10, Paternoster

· Prosser's well - known restaurant, and the hall, spacious schoolroom, class-rooms, three bath square, E.C.

entirety produces a rental (including the estimated rooms, lavatories, workshops, and cement tennis
value of a few of the chambers at present unlet) of court.
nearly £2,600 per annum. The property is held for

KOBERTS, & an unexpired term of 604 years, at a moderate

CO. Will SELL the above, subject to a mortALLUM, M.A., Scholar of Trinity Hall, Cam ground-rent. bridge, formerly with the Rev. E. St. John Party,

gage of £3,800, at the AUCTION MART, Tokenhouse

FAREBROTHER, ELLIS, yard, Bank of England, on FRIDAY, the 21st inst., M.A., of Stoke - house, Slough, and for 10 years CLARK, & Co. are instructed to Offer for at TWO (unless an acceptable offer be previously Assistant - Master at Brighton College, prepares

SALE by AUCTION, at the MART. E.C., on made). Boys, from eight years of age, for the Public School THURSDAY, DECEMBER 1st, at Two o'clock Particulars at the Mart; of Messrs. Wilkinson & Scholarships and Entrance Examinations.

the above described, thoroughly sound LEASE Howlett, Solicitors, 14, Bedford-street, Uovent-garden, HOLD INVESTMENT.

W.C.; and of the Auctioneers, 110, Cannon-screet, IGAGATE (1,794).–To be LET, on

Particulars (when ready), may be obtained of City, and Entield.

Messrs. Scadding & Bodkin, Solicitore, No. 23, an excellent detached FAMILY RESIDENCE ; four reception, nine bed and dressing

Gordon-street, Gordon-square, W.C.;. Mr. Robert rooms. From a good tenant a very moderate rent

Valuable Absolute and Contingent Reversion. Watson, No. 40. Chancery-lane, W.C.; and of will be accepted.- Apply to Prickett, Venables, & Co.,

Messrs. Farebrother, Ellis, Clark, & Co., 29, FleetNo. 60, Chancery-lane, w.c.; Highgate, N.; and street, Temple-bar, and 18, Old Broad-street, E.C.

will SELL, at the MART, on WEDNESDAY, Barnet, Herts.

For Peremptory Sale.- The Horton Estate, North- OCTOBER 19th, at TWO o'clock, valuable ABSO. amptonshire, embracing an area of about 4,000 acres. LUTE REVERSION to the sum of £700, on the

It comprises a fine old country residence, erected death or re-marriage of a gentleman, aged 64 years, Let, on Lease, No. 5, The Grove, a FREE

by the celebrated Lord Halifax, standing in an and now invested partly in Consols' and partly in HOLD FAMILY RÉSIDENCE, with good garden,

extensive park of 200 acres, and having all the usual leasehold property; also the reversion to one-fourth situate in the highest and best part of Highgate, com

appurtopances for a large establishment, numerous share of two respective sums of £1,000, contingent on manding beautiful views of the country towards

high class farms, with capital farm-houses and the death without issue attaining majority of two Hampstead, and containing ample accommodation

buildings, and includiog, some of the best land in gentlemen. for a family of position.-For particulars and cards to

the county; accommodation holdings, houses, cot Particulars of Clarence Harcourt, Esq., Solicitor, view apply ti Debenham. Tewson, & Co., 80. Cheap

tages, &c. The property is situated six miles from 13, Moorgate street, E.C.; at the Mart; and of side, E.0.; or Pickett, Venables, & Co., as above.

Northampton, in a favoured district for residence Messrs. Edwin Fox & Bousfield, 99, Gresham-street, and sporting, afforciog excellent shooting and fish- Bank, E.C.

ing, and being in the neighbourhood of tne Grafton CORNSEY (2,010).–To be SOLD, A and Pytchley Hunts, while a station on the estate

Two Small Reversions. FREEHOLD detached FAMILY RESI

brings it within two hours' journey of London.

FAREBROTHER, matured garden; very pleasantly situated within ten

will SELL, at the MART, on WEDNESDAY, miputes' walk of three railway stations. The house

offer the above important FREEHOLD MANORIAL NOV. 2, at TWO o'clock, in Lots:having been in the occupation of the owner for the

ESTATE for SALE by AUCTION, on WEDNES 1. The Absolute Reversion to one moiety of a sum last 25 years is replete with all modern conveniences, DAY, 16th NOVEMBER, 1887 (unless previously of £964 48. 6d. on mortgage and in cash, receivable on besides many special features and advantages, and disposed of privately).

the death of a lady now in her 74th year. offers an exceptional opportunity for the acquirement Detailed advertisements will appear in due course, 2. The Absolute Reversion to a moiety of a sum of of a most comfortable and enjoyable home readily accessible. -Particulars and cards to view may be

and particulars, plans, and conditions of sale may be £765, invested on freehold property at Scarborough,

obtained of Messrs. Fladgate & Fladgate, Solicitors, receivable on the death of the above lady: obtained from Mr. Farrer, the Broadway, Crouch-end, 40, Craven-street, Strand, W.C.; E. W. Trinder, Esq., Particulars of John Ellerton, Esq., Solicitor, 1. New and 20, Finsbury. pavement, E.C.; and of Prickett,

Cirencester; or of Messrs. Farebrother, Ellis, Olarke, inn, Strand, W.C.; at the Mart; and of Messrs. Venables, & Co., Highgate, Barnet, and 60, Chancery. & Co, 29, Fleet-street, Temple Bar, and 18, Old Edwin Fox' & Bousfield, 99, Gresham-street, Bank, lane, W.o. Broad-street, E.C.

E.C.

THE WICK, Furze-hill, Brighton.-C. G.

MESSRS FAIRBAIRN,

MESSRS.

HLEASE

HO
DENCE, with stabling for three horses, and well- MESLARK, & Co. have received instructions to

HALF-A

MESSRS.

Bo

STANDARDLIFE OFFICE,

1

R. F. W. HARDMAN (Gold Medallist at KENT LIFE OFFICE-ESTD. IN 1824.

MESSRS.

TEWSON, IDI

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Studentships and LL.B. – Apply, 2, Brick-court, IMPERIAL FIRE, INSURANCE COM.

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NORTHERN ASSURANCE COMPANY

solicitore daw-stationer, of patent agent. Apply at TSPARTURO CATES and PUBLIO

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HOM

SALES BY AUCTION FOR THE YEAR 1887. MAYER'S FRENCH CODE OF COMMERCE.

ALF-A-MILLION Per Annum
Just published, post 8vo., 9s. cloth.
DEBENHAM, TEWSON,

is Paid in Death Claims by the
FARMER, & BRIDGEWATER beg to announce
revised to the erd of 1886, and an Appendix

Standard Life Office. Funds, 64 that their SALES of LANDED ESTATES, Investments, containing later Statutes in connection therewith,

Millions, which have increased 50 Town, Suburban, and Country Houses, Business Premises,

rendered into English, with Explanatory Notes and Building Land, Ground-rents, Advowsons, Reversions Copious Index. By SYLVAIN MAYER, B.A.,

per cent. in last 15 years. Loans Stocks, Shares, and other Properties, will be held at the Ph.D., cf the Middle Temple, Esq., Barrister-at-Law.

advanced and Assurances granted Auction Mart, Tokenhouse-yard, near the Bank of Eng. London : BUTTERWORTHS, 7, Fleet-street, Her

on Liberal Terms. land, in the City of London, as follows:

Majesty's Law Publishers.
Tues., Oct 18 Tues., Nov 22
Tues., Nov 8 Tues., Dec 13

OOKS BOUGHT.-To Executors, Solici.

tors, &c.-HENRY SOTHERAN & CO., 136, Auctions can also be held on othur days. In order to nsure proper publicity, due notice should be given. or smaller collections of Books, in town or country, Strand, and 36, Piccadilly, PURCHASE LIBRARIES

83, King William-street, E.O., and The period between such notice and the proposed auc

8, Pall Mall East, S.W. giving the utmost value in cash. Experienced tion must considerably depend upon the nature of the valuers sent. Removals without trouble or expense

H. JONES WILLIAMS, property to be sold. A printed scale of terms can be to sellers. Established 1816. Telegraphic Address,

General Secretary. had at 80, Cheapside, or will be forwarded. Telephone

“Bookmen, London" No. 1,503.

FIRE OFFICE-ESTD. IN 1802.
DEBENHAM,

LL.D. (Lond ), Barrister-at-law. Senior Stu-
FARMER, & BRIDGEWATER'S LIST OL dent in Roman Law. Jurisprudence and International

Chief Office-MAIDSTONE. ESTATES and HOUSES to be SOLD or LET, including Law. Incorporated Law Society's Prizeman, Stephen

Branch (LONDON, 124, Cannon-street, E.C. Landed Estates, Town and Country Residences, Hunting Heelis Gold Medallist, 1882, &c., &c.) prepares Offices MANCHESTER, 1, Cooper-street. and Shooting Quarters, Farms, Ground Rents, Rent Privately, in Class, and by Correspondence for all Charges, House Property and Investments generally, is Law Examinations. Tuition for Solicitors' Inter One of the most recent claims upon the Company published on the first day of each month, and may be mediate and Final (Pass and Honours), Bar Roman was under Life Policy No. 503, issued in 1833 for £800, obtained, free of charge, at their offices, 80, Cheapside, Law and Bar Final, Studentships, Lecture Prizes, and which had acquired Bonus additions amounting E.C., or will be sent by post in return for three stamps. and all Scholarships given by the various Inns of to £2,015, increasing the policy to £2,815. Particulars for insertion should be received not later than Court and the Council of Legal Education. First

W. L. SEYFANG, four days previous to the end of the preceding month, and Second LL.B. and LL.D. Examinations at Lon

Secretary and General Manager. don University. Questions and Notes for Examina

tions supplied, and Translations of the Digest for by Private Treaty, a first-class and old-estab

PANY, Temple, E.O. lisbed Law Stationer's Business in Liverpool, together with the Stock-in-Trade, Fixtures, and Fittings. The

Established 1803. Debts, which are principally owing by the leading and Roman Law, and Honoursman in Common Law

1, Old Broad-street, E.C., and 22, Pall Mall, S.W. Liverpool solicitors.--For further information apply and Equity) prepares for Legal Examinations. Subscribed Capital, £1,200,000; Paid-up, £300,000 to BANNER, SPENCER, & Co., Chartered Accountante, Tuition for the Bar, Solicitors' Intermediate and

Total Invested Funds over £1,550,000. 4, Cook-street, Liverpool.

Final, and 1st and 2nd LLB. Examinations, privately
or in class, at his Chambers. Correspondence Classes also

E. COZENS SMITH,

Gereral Manager. Rooms in a fine building close to the Law

30 weekly letters.--For terms, &c., apply personally, Courts, the Patent Office, and the Chancery-lane

or by letter, to "JURISCONSULTUS," care of Mr. BurSafe Deposit; lighted by electric light, and with nett, 9, Old-square, Lincoln's-inn. every convenience; moderate rent; well suited for a

Established 1836.

LONDON: 1, Moorgate-street, E.O. ABERDEEN : 1,
SPEAKERS.-A Graduate of Oxford (formerly

Union-terrace.
cery-lane.
Scholar of Trinity and Member of Lincoln's-inn),

INCOME & FUNDS (1886) :-will commence Lectures the first week in November

Fire Premiums

£582,000 on the Production and Management of the Voice, Life Premiums

198,000 with especial reference to Advocacy. Fee for the to be Let in Lincoln's-inn-fields; well suited to

Interest...

13,000 course, Five Guineas.-Address, ADVOCATE, care of Solicitors, Barristers, Law Stationers, and others the Manager, Bloomsbury Hall, Hart-street, w.c.

Accumulated Funds

$3,297,000 desiring to be near the Law Courts; splendid situation; moderate rent. — Apply to Attendant, 3 and TOME for the TREATMENT and CURE 4, Lincoln's inn- neles: or at the Collector's Office, in

of INEBRIETY and MORPHIA HABIT,

HE MORTGAGE INSURANCE CORthe Hall of 63 and 64, Chancery-lane. High Shot House, Twickenham. - Charmingly

PORATION, LIMITED. secluded. Gentlemen only. Limited number taken. AMOUNT OF CAPITAL SUBSCRIBED, £710,000 INCOLN'S-INN-FIELDS.-A fine Pair Billiard room, library, lawn tennis court, bowls, &c.

Offices of the CorporationThe whole staff pledged abstainers. Terms-24 to 5 Winchester House, Old Broad-street, E.C. to be Let; suitable for solicitors, barristers, law guineas weekly. - Particulars from the Medical

Rt. Hon. E. PLEYDELL BOUVERIE, Chairman. stationers, and firms desiring to be near the Law Superintendent, H. BRANTHWAITE, F.R.C.8. Ed. ; and Courts; splendid situation; moderate rent.--Apply reference is permitted to Messrs. MUNTON & MORRIS,

Sir SYDNEY H. WATERLOW, Bart., Deputy-Chairman to Attendant, on the premises, 3 and 4, Lincoln's-innSolicitors, 95A, Queen Victoria-street, London.

Policies are now being issued by this Corporation fields; or at the Collector's Office, in the Hall of 63

INTEMPERANCE.

insuring Mortgages of Freehold and Leasehold and 64, Chancery-lane.

Property, holders of Mortgage Debentures and
THE MORPHIA HABIT AND THE ABUSE OF DRUGS.

Debenture Stock, against loss of principai and in-
terest.

These Policies will be of especial advantage to

Trustees who may be held responsible for losses

for the Treatment and Cure of Ladies of the five, or more in a fine building near the Royal | Upper and Higher Middle-classes suffering from the

consequent upon their Investments. Courts of Justice and the Chancery-lane Safe Deposit ; above. Highly successful results.

Mortgagors insuring with the Corporation will Carriage kept.

also be enabled to obtain Advances at the lowest splendid situation; fitten throughout with every convenience and lighted by electricity. Large Hall Private sitting-rooms if required. Medical attendant,

possible rate of interest. can be hired in same building for occasional meetings Dr. J. St. T. Clarke.

The Corporation also grants Policies to Leaseon special terms; moderate rent.-Apply to view and

For terms, &c., apply to the Principal, Mrs.

holders insuring the return of the Amount invested for further particulars to the Collector, in the Hall of THEOBALD, Tower House, Leicester.

at the expiration of their leases or at any fixed 63 and 64, Chancery-lane, W.C.

periods.

For particulars and conditions of Insurance apply to the Secretary.

By order,
FFICES
and

-A married Physician Offers a comfortable
CHAMBERS. Lofty Home near the Sea (cool in summer, warm in winter);

JAS. C. PRINSEP, Secretary.
and Well-lighted Offices and Chambers to be pleasant grounds, tennis, sea baths; terms moderate.
Let at Lonsdale Chambers, No. 27, Chancery-lane -Dr. HEELAS, Mountfield, Bonchurch, Isle of Wight.
(opposite the New Law Courts). Also large, well-

AW UNION FIRE and LIFE INSUother

RANCE COMPANY.
Professional Men and Gentlemen of Limited In-

ESTABLISHED IN THE YEAR 1854. ants, on the premises.

come.-A few boys, sons of the above, are admitted
into a well-known School of high tone on greatly

The only Law Insurance Office in the United Kingdom FFICES in BEDFORD-ROW.-Ground.

which transacts both Fire and Life Insurance Busireduced fees.-For full particulars address, ia strict

ness.
floor (four good rooms and strong room).
confidence, “MU,” care of Messrs. Relfe Bros., 6,

Chief Office-
Apply to E. BROMLEY, 43, Bedford-row, London, W.0
Charterhouse-buildings, Aldersgate, City, E.C.

216, CHANCERY LANE, LONDON, W.C.
ACCIDENTS AT HOME AND ABROAD

The Funds in hand and Capital Subscribed amount to

upwards of £1,900,000 sterling Furnished Offices, with fuel, gas, attendance,

Railway Accidents, Employer's Liability,

Chairman-JAMES CUDDON, Esq., of the Middle &c.; suitable for Solicitors, Surveyors, and others ;

INSURED AGAINST BY

Temple, Barrister-at-Law.

Deputy-Chairman-CHARLES PEMBERTON, Esq. (Leo TRACT COMPANY, LIMITED, 166, St. John-street-road, THE RAILWAY PASSENGERS' ASSURANCE COMPANY & Pembertons), Solicitor, 44, Lincoln's-inn-fields. E.U.

The Directors invite attention to the New Form of 64, CORNHILL, LONDON.

Life Policy, which is free from all conditions.
LINCOLN'S - INN-FIELDS (South

Policies of Insurance granted against the continside).-Two good Offices on First Floor; Income

£246,000.

gency of Issue at moderate rates of Premium. with aceommodation for Principal and Clerks; Rent

The Company ADVANCES Money on Mortgage of inoderate.-Messrs. EILOART, Surveyors and Estate

COMPENSATION PAID FOR 118,000 ACCIDENTS. Life Interests and Reversions, whether absolute or Agents, 40, Chancery-lane, W.O.

£2,350,000.

contingent.

The Company also purchases Reversions. MODERATE PREMIUMS FAVOURABLE CONDITIONS Prospectuses, copies of the Directors' Report and AUDITORS. (Incorporated 1885.) The Fellows

Annual Balance sheet, and every information, sent and Associates of this Society practice in all parts of

Prompt and Liberal Settlement of Claims. post-free on application to the United Kingdom, and are styled "Incorporated CHAIRMAN-HARVIE M. FARQUHAR, Esq.

FRANK MOGEDY, Actuary and Secretary.
Accountants." Lists of the Members and all infor-
mation may be obtained upon application to the

West-End Office :—8, Grand Hotel Buildings, W.C.;
Secretary. By order of the Council,
JAMES MARTIN, Secretary.
Head Office :-64, CORNHILL, LONDON, E.C.

did Climate; every comfort for Visitors; Offices: 3, Newgate-street, London, E.o.

short sea passage. Santa Clara under new manageWILLIAM J. VIAN, Secretary. ment.-Apply to WILLIAM REID.

T.

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TO CORANJE PROMPANIES, and others.-
Hoe be Let, an elegant Suite of Rooms of three, A PRIVATE HOME (Established 1864)

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796

CASES REPORTED THIS WEEK.
Alliance Supply Stores (Limited)... 796 Longbottom v. Woodhead
Browne v. La Trinidad (Limited) Magnay, Re, Tipper v. Tipper
and Others

796 Plake v. Hall Fassett, Re, Wells y. Dearle

...... 797

Walter Lowe, Re

796
797

verdict being unsupported by the evidence. This apparently was

on the ground that the coroner's inquisition is not final. As to .... 796 misconduct of the coroner, there are two good cases not quoted by

Mr. STEPHEN. One is R. v. Wakefield (1 Strange, 68), where the coroner induced the jury, who were convinced that a man who

had hanged himself was insane, to return a verdict of felo de se, The Solicitors' Journal and Reporter. assuring them it would have the same effect. The other is R.

v. Stukely (12 Mod. 493), where the coroner, wishing to get a LONDON, OCTOBER 22, 1887.

verdict of insanity, but, finding the evidence of felo de se very

strong, excluded some of the jury. In this case a criminal inCURRENT TOPICS.

formation was granted against the coroner and a new inquest

ordered. The difficulty about a new inquest is that it must be DURING THE MICHAELMAS SITTINGS, which extend over fifty-one super visum corporis, and held by the coroner who has misworking days, Mr. Justice CHITTY will only be able to devote nine conducted himself; but the difficulty is overcome by applying for days to the hearing of witness causes, and Mr. Justice NORTH a melius inquirendum. The best statement of the law upon this eleven days. It cannot be said that this gives any great prospect subject is contained in R. v. Bunney (1 Salk. 190): “If a coroner's of reducing the lists of these two learned judges.

inquest be quashed, the coroner must take a new inquest super visum corporis ; but if a melius inquirendum be granted on a male

se gessit of the coroner; the new inquiry must be before the sheriff THE APPEAL List contains 74 appeals from the Chancery Division; or commissioners, not super visum corporis, but upon affidavits; for 7 from the County Palatine Court; 91 from the Queen's Bench none but the coroner can inquire super visum corporis, and he is Division ; 5 from the Probate Division ; and 11 Bankruptcy appeals, not to be trusted again." making a total of 188 appeals. The total number, a year ago, was 204.

THE PARTIAL ASSIMILATION of the law of real estate to that of

personal estate proposed in the Lord Chancellor's Land Transfer THE CAUSE LISTS of the Chancery Division, which we print else- Bill of last session forms the subject of an interesting article by where, contain 140 causes, &c., set down before Mr. Justice Kay, Mr. M. H. Box in the current number of the Law Quarterly 198 before Mr. Justice Chitty, 213 before Mr. Justice NORTH, Review, in which he maintains that no change of the law in the 192 before Mr. Justice STIRLING, and 102 before Mr. Justice above direction can be satisfactory unless it involves the effacement KEKEWICH—making a total of 845. Last sittings the total was of the distinction between the two classes of property. In support 786; and a year ago, 795.

of this he shews, by numerous examples, how the destination of property often depends upon artificial rules of law of which a

testator has no suspicion, and how it may even be altered at the Mr. Fulton's Bill“ to limit the powers of the water companies will of a third party after his death. This often happens in cases to cut off the tenants' water supply where the rate is paid by the of vendors and purchasers by reason of the equitable effect of a landlord” became law last session (50 & 51 Vict. c. 21); and in eontract upon the nature of the property. Thus, if a vendor die spite of the appeal we made (ante, p. 247) to the lawyers in the pending the completion of the contract, and it subsequently House with regard to the proposal of the Bill to create charges on appears

that the contract can be enforced only against property practically undiscoverable, or discoverable only at much him and not by him, it depends solely upon the purtrouble, by a purchaser, nothing seems to have been done, and chaser whether the heir shall retain the property as land section 4 provides that " where the owner, and not the occupier, is or whether it shall go to the personal representatives as money, liable by law or by agreement with the water company to the pay- So, too, there is much confusion as to the rights of the heir and ment of the water rate arrears of water rate payable by the the executor of a mortgagee who has foreclosed and then died, if owner of a dwelling-house “shall, together with interest thereon the foreclosure should be subsequently opened at the instance of at the rate of £5 per centum per annum, computed from the the mortgagor. Other examples are taken from the option to expiration of one month from the time when the game bas been purchase often given to a lessee ; from the relation of landlord and claimed by the company until receipt thereof by the company, tenant; and from the rules as to partnership property; and it is be a charge on such dwelling-house in priority to all other charges shewn, too, how in the administration of estates both the creditors affecting the premises." "The result of this enactment will be and the beneficiaries in the personal estate have much to complain that wherever a dwelling-house of not exceeding the annual value of. It is very desirable that such changes in our law as were of £10 (in respect whereof the owner is, under the Waterworks proposed by the Lord Chancellor's Bill should be worked out with Clauses Act, 1847, s. 72, liable to the water rate) is being pur- minute attention to details, and we think that Mr. Box has done chased or mortgaged, inquiry will have to be made, on behalf of well in calling attention to the subject. the purchaser or mortgagee, whether the vendor is in arrear with his water rate. The only effectual mode of making this inquiry will be to address it to the water company's collector, but it seems THE STRANGE CONFUSION which (as the recent case of Re doubtful whether he will trouble to reply to a question which he Whistler, 35 Ch. D. 558, shews) has arisen with regard to is not bound to answer. What will a purchaser say if his solicitor the application of the rule in Re Tanqueray-Willaume and should overlook the existence of section 4 of 50 & 51 Vict. c. 21, Landau (30 W. R. 801, 20 Ch. D. 465), is probably due in and after the completion of his purchase he finds that the water part to the insertion, in the last edition of Lewin on Trusts, in company are first mortgagees of the property for the amount of the midst of a paragraph relating to executors' receipts, of the considerable arrears of water rate and interest thereon ?

statement "but the rule has been now adopted that after twenty years it is fair to presume that the debts have been paid, and the

onus is on the executors to shew that such is not the case." The THE MITCHELSTOWN VERDICT, and the proceedings of which it obvious meaning of this passage, considered in relation to its conwas the climax, have drawn attention to the subject of setting text, is that after twenty years from the testator's death a puraside coroners' inguisitions. We print elsewhere a letter which chaser from executors of the leaseholds or other personal property Mr. HERBERT STEPHEN has written on the subject, and which, it is of the testator is put upon inquiry as to whether any debts exist. not improbable, may express the views of a very high authority. This doctrine, which was boldly contended for in Re Whistler, We may add to what is there said, that the proceedings before a would have been an inroad on the executor's power, for which, so coroner are not invalidated by slight irregularities, provided these far as we are aware, not a particle of support exists in the older do not substantially affect the proceedings. Thus, in Reg. v. authorities, and which is utterly opposed to the spirit of the Ingham (5 B. & 8. 257) the court declined to interfere on the modern cases. The general nature of the executor's power over ground that evidence not upon oath had been received, and also on the personal property of his testator was never better stated than the ground of misdirection of the coroner to the jury, and of the ) by Lord Mansfield in Whale v. Booth (4 T. R. 625, note (a.)):

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“ The general rule both of law and equity is clear, that an executor that “the proceedings in the office of the chancery registrars and may dispose of the assets of the testator; that over them he has the other business transacted at the Rolls are shewn in Table 4. absolute power; and that they cannot be followed by the testator's On reference to Table 4 nothing is found to warrant this statement. creditors. It would be monstrous if it were otherwise ; for then On the contrary, the table shews, in accordance with fact, that the no one would deal with an executor.

It is also clear that whole of the petitions are presented at the registrvr's office. if at the time of alienation the purchaser knows they are assets, this is no evidence of fraud ; for all the testator's debts may have been already satisfied; or if he knows that the debts are not all satisfied, must he look to the application of the money ? No one would buy on

IN THE BANKRUPTCY STATISTICS just issued it appears that there such terms." And, as Lord HaTHERLEY, C., said in Charlton v. were 4,170 cases of baukruptcy in 1884, 4,333 in 1885, and 4,816 Earl of Durham (17 W. R. 995, 4 Ch. 434): “The persons with in 1886, which shews an increase of 646 cases in the three years. whom the executors are dealing are not bound to know the state of On the other hand, the estimated deficiency on these estatés dethe testator's assets, and it may be many years before all his debts creased from £9,973,997 in 1884 to £5,058,711 in 1886; while are paid and his estate wound up.' " In many respects and for the percentage of assets to liabilities on the debtors' statements many purposes,” said Sir W. Grant, M.R., in Hill v. Simpson increased from 28:7 to 36.1. (7 Ves. 166), "third persons are entitled to consider them [i.e., executors] absolute owners.

The power of disposition is generally incident, being frequently necessary; and a stranger shall not be put to examine whether in the particular instance VENDOR’S LIABILITY FOR DETERIORATION OF that power has been discreetly exercised." There is nothing in

THE PURCHASED PROPERTY. Re Tanqueray-Willaume and Landau to support the notion The elementary rule as to the rights and liabilities of vendor and that any restriction on the power of executors to deal with purchaser of real estate in the interval between contract and com. the personal estate was intended.

That was

case where pletion was laid down by Sir T. Plumer, V.C., in Harford v. Purrier executors in whom the legal fee was vested were selling (1 Madj. 532), as follows:—"The estate is considered as belongreal estate charged with debts, and, of course, the observa- ing to the purchaser from the date of the contract, and the money tions in the judgments must be taken to refer to the case before from that time as belonging to the vendor,

the conthe court. The object was to afford a rule in cases where a power sequence is that if, after the contract, the estate be improved in of sale for payment of debts is given over real estate ; and the rule the interval, or if the value be lessened by the failure of tenants laid down was that a purchaser under such a power after more than twenty years from the testator's death is bound to inquire or sustains the loss."

or otherwise, and no fault on either side, the vendee has the benefit whether debts have been paid.

Familiar instances of the application of this As Mr. Justice Kay observed in general rule are the destruction by fire of buildings on the purRe Whistler, there is a wide difference between a mere power of chased property, in wbich case the vendor is not liable to the sale for the payment of debts and the right given by law to the purchaser, even though he has allowed the insurance to expire on executor to deal with assets vested in him in that character. executor has not merely to pay debts ; he may have to pay purchaser (Paine v. Meller, 6 Ves. 349), and the accidental fall of

The the day originally fixed for completion, without notice to the expenses of administration and to raise money by mortgage of the part of the buildings, in which case, if the vendor is under a legal testator's estate; and for these purposes it is essential that he obligation to rebuild, the remainder of the buildings being should retain the power of dealing with the testator's assets.

dangerous, the purchaser is bound to indemnify him against his
outlay: Robertson v. Skelton (12 Beav. 260). The difficulty h:
always arisen with regard to the scope

be given to the words in
A CURIOUS QUESTION was raised in Re Jackson (35 W. R. 646) with the above extract which we have placed in italics. When is a
regard to the old joint account clause inserted in mortgages. Does it vendor in fault? or, in other words, what are the duties of th
operate only as between the mortgagor and the mortgagees, or does vendor in possession to the purchaser with regard to the property
it alter the rights of the latter inter se? Three sisters advanced, sold, and when do these duties come to an end?
cn various mortgages of real estate, moneys forming part of the

The doctrine that a vendor is liable for deterioration of the proceeds of sale of their brother's residuary estate, to which they property sold, arising, not merely from his wilful waste, but also were entitled as tenants in common. The mortgages were taken from his negligence—as, for instance, from his allowing fences to (apparently for the convenience of the mortgagors) in the names of get out of repair or the land to remain uncultivated—was laid the sisters as joint tenants, and in each mortgage deed an ordinary down in Foster v. Deacon (3 Madd. 394), decided two years after joint account clause was inserted. After the death of all the Harford F. Purrier, and was fully established by subsequent sisters the question was raised, in an action for the administration cases (see Ferguson v. Tadman, 1 Sim. 530; Regent's Canal Co. v. of the estate of one of them, whether the insertion of the joint Ware, 23 Beav. 575; Thomas v. Buxton, & Eq. 120). The lan. account clause was sufficient to countervail the equitable rule that guage of the earlier cases clearly implied that it was the duty of money jointly advanced belongs to the lenders as tenants in the vendor to re-let the land sold on a yearly tenancy, so

The chief clerk held that it did; Mr. Justice NORTH as to prevent it from going out of cultivation ; and this was held that it did not ; but the decision of the learned judge appears subsequently expressly laid down by Jessel, M.R., in Earl of to have rested on the evidence which was adduced of the intention of Egmont v. Šmith (6 Ch. D. 469). The duty of the vendor, he said, the lenders. The question would have been a serious one if the clause “is to let the farms from year to year in order to obtain a were still inserted or if any doubt were left on the subject in the sufficient rent and to keep the farms in a good state of cultivation. substituted provisions of the Conveyancing Act, 1881. Fortunately,

Whether the vacancy happen in the ordinary course of however, section 61 expressly provides that "the mortgage-money determining the tenancy either by the landlord or the tenant, or

shall be deemed to be and remain money belonging to whether the vacancy happens because the landlord gave the notice those persons on a joint account, as between them and the mort- at the request of the purchaser, appears to me, as regards the subgagor. And we apprehend that this is the true interpretation of sequent liability, wholly immaterial.” But there is no hint to be the old clause, and that Mr. Justice North might have found in found in the earlier cases of any liability on the vendor greater the general rule for the construction of deeds laid down in Bold v. than that resulting from an obligation to take reasonable care of Molineux (Dyer, 15a), and confirmed in Roe v. Hayley (12 East, 464) the property, so that the purchaser may obtain it in the condition - viz., that "in every deed a reasonable intention shall be construed, in which he agreed to buy it. And it was considered to be also although the words sound to a contrary meaning —a reason for settled that this liability of the vendor was restricted to deterioraconstruing the clause as applying ouly as between mortgagor and tion occurring before the time fixed for completion or the time at mortgageer.

which the title shewn was such that the purchaser ought to have

taken possession : Binks v. Lord Rokeby (2 Swanst. 222); Minchin THE AUTHORITIES at the Treasury who compile the judicial session, or after there was a title under which he might take

v. Nance (4 Beav. 332). “As to deterioration after he took posstatistics are not yet aware that petitions in the Chancery Division possession,” said Lord Eldon in Bink: y. Lord Rokeby (p. 226), are no longer presented at “the Rolls.” In their return it is stated * the purchaser cannot have an allowance in respect of that."

common.

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