CHAPTER VIII.

FUTURE ESTATES.

Estates in possession and expectancy defined and contrasted-Definition

of particular estate, reversion, remainder-Distinctions between re-

version and remainder-Remainders vested and contingent-Different

sorts of contingent remainders-Test whether an estate is vested or

contingent-Legislative changes with regard to contingent remainders

-Rule governing creation of contingent remainders-Rule of cy-pres

-Rule against perpetuities-Explanation of the policy of the law as

to perpetuities by Sir George Jessel-Executory limitations-Rules

which govern their construction-Section 19 of the Conveyancing

Act, 1882-Executory devises, springing and shifting uses-Law as

settled by Cadell v. Palmer-Rule against perpetuities applied to

conditions and covenants relating to the sale of land-Provisions of

the Thelluson Act, 39 & 40 Geo. 3
64-74

CHAPTER IX.

CONVEYANCE ON SALES.

Definition of conveyancing-Matters preliminary to conveyance-Condi-

tions of sale statutory conditions implied by the Vendor and Pur-

chaser's Act, 1874, and the Conveyancing Act, 1881–Usual conditions

of sale-Provisions of Trustee Act, 1888, as to depreciatory conditions

-Delivery of abstract-Requisitions on title-Usual searches-Various

forms of conveyance considered-Different parts of a deed—Short form

of conveyance in fee simple-Analysis of different parts-Recitals—

Changes made by the Conveyancing Act, 1881-Restrictive covenants

-Provisions of the Conveyancing Act, 1881, as to covenants-Prac-

tical rules for conveyancing Notice Actual or constructive-

Change in the law introduced by section 3 of the Conveyancing Act,

1882-Stamp duties
75-96

-

-

CHAPTER X.

MORTGAGES.

Definitions of-Judicial statement of the principles of the law relating to

mortgages—“ Once a mortgage always a mortgage "-Form of mort-

gages and freeholds-Copyholds-Leaseholds-Short forms-Equit-

able mortgages-Welsh mortgages Mortgage in form of trust-

Mortgagee's remedies-Provisions of the Conveyancing Acts-Con-

solidation of mortgages-Marshalling-Law as to pledges 97-111

CHAPTER XI.

LEASES.

Definition of―of what property leases may be made-Essentials of a lease
-Summary of law as to leases and agreements for leases-Provisions

of the Vendor and Purchaser Act, 1874-What are usual covenants
in a lease of a London dwelling-house and in an agricultural lease-
Landlord's remedies for rent-Definition of distress-Things privileged
from distress-Provisions of Lodgers' Goods Protection Act-Agri-
cultural Holdings Act-Ground Game Act-Law of Distress Amend-
ment Act-Different modes in which leases are determined-Pro-
visions of Conveyancing Act as to forfeiture of leases-Leading cases
and principal statutes with reference to the law concerning leases
112-132

CHAPTER XII.

SETTLEMENTS.

Various meanings of the term-Necessity for, unaffected by Married
Women's Property Act, 1882-Division of settlements—For value-
Voluntary-Of personalty-Form of─Of realty-Form of-Distinc-
tions between real and personal settlements-Consideration of marriage
-When effectual and when not-Illustration-Settlements of after-
acquired property-Husband's interest determinable on bankruptcy-
Summary of law on the subject-Covenant implied by Conveyancing
Act-Settlement of copyholds and leaseholds—Annulment of settle-
ment-Voluntary and fraudulent settlement-Leading provisions of
the Settled Land Acts and cases relating thereto considered

CHAPTER XIII.

WILLS.

133-156

Definition of-Forms in which it may be made-Early history of wills—

Formalities required by Wills Act-Provisions of-Lord Kingsdown's

Act (24 & 25 Vict. c. 114) as to wills of personal estate-Law as to

lapse-Various modes in which wills may be revoked-Will speaks

from death-Case illustrating this rule-Effect of words "die without

issue”—Various classes of legacies-General-Specific-Demonstra-

tive Cumulative-Substitutional-Executor's year-Charge of debts

-Doctrine of incorporation-Rules of construction-Rules of law—

Statement of some of the most important rules-Rules as to making

and altering wills and as to taking instructions for wills-Summary

of the law as to "death duties"
157-174

CHAPTER XIV.

POWERS.

Definition of powers-Different classes of powers-Common law powers—

Equitable powers-Powers operating under the Statute of Uses-

Powers simply collateral-Powers in gross-Powers appendant or

appurtenant-General powers-Special powers-Requisites to the

valid creation of a power-Excess of exercise of powers-Fraud on

powers-Illusory appointments--Provisions of various statutes re-

specting powers

175-183

CHAPTER XV.

COPYHOLDS.

Definition of copyholds-History of copyholds-Principal characteristics

of copyholds-Provisions of the Copyhold Acts, 1841 to 1887-Law

as to timber and minerals-Estate tail in copyholds-Enfranchise-

ment of copyholds

184-193

CHAPTER XVI.

INCORPOREAL HEREDITAMENTS.

Definition of Various kinds of incorporeal hereditaments-Law as to

easements-Their different classes and mode of their creation-

Leading cases with respect to Rights of riparian proprietors—Rents

-Rights of common

194-202

CHAPTER XVII.

STATUTES OF LIMITATION AND PRESCRIPTION.

Principle of the law-Tendency of modern decisions-Summary of pro-
visions of-Important decisions thereon-Provisions of sect. 25, sub-
sect. 2 of Judicature Act, 1873, and Trustee Act, 1888, with regard
to actions against trustees-Provisions of Prescription Act with
regard to commons, ways, watercourses, easements, light

203-209

CHAPTER XVIII.

MARRIED WOMEN'S PROPERTY.

Summary of law independent of the Married Women's Property Acts-

Doctrines of separate use and restraint on anticipation-Provisions of

Married Women's Property Act, 1882-Cases decided under-Law as

to liability of husband for wife's contracts-Decision of the House of

Lords in Debenham v. Mellon-Pin money-Equity to settlement-

Paraphernalia-Fraud on marital rights-Acknowledgment of deeds

by married women-Sect. 39 of Conveyancing Act, 1881-Sect. 61

of Settled Land Act, 1882-List of statutes specially referring to

property of married women

210-229

CHAPTER XIX.

CHARITIES AND MORTMAIN.

Provisions of the Mortmain and Charitable Uses Act, 1888—Assurances

in mortmain-Legal meaning of the term charity-Provisions of

43 Eliz. c. 4-Decisions as to what objects are, and what are not,

charitable-Leading cases on the subject of charities .. 230-238

BOOK II.

PERSONAL PROPERTY.

CHAPTER I.

INTRODUCTORY.

The division of personal property into choses in possession and choses in
action stated and considered-" Incorporeal personal property "-Re-
quisites for valid sale of personal property-Effect of sale-General
rule of the law Nemo dat quod non habet-Law as to sale in market
overt-Provisions of the Factors Act, 1889-Provisions of the Revenue
Act, 1889, as to contracts and agreements-Conversion and redemption
of consols-Points of similarity and difference between real and per-
sonal estate-Order in which personal property is here considered
239-247

CHAPTER II.

SHIPS.

Merchant Shipping Acts, 1854 to 1889-Registration of ships-British

and foreign ships-Division of property in a ship-Modes of acquisi-

tion of property in ships-Sales and mortgages of ships, and trans-

mission of interest therein-Equitable rights in ships-Provisions of

Merchant Shipping Act, 1862, with regard to equitable rights in ships

-Nationality of ships

248-252

..

..

CHAPTER III.

HORSES.

Reason of special legislation as to horses-Provisions of statutes-2 & 3

Philip and Mary, c. 7, and 31 Elizabeth, c. 12-Cases on the subject

-Law as to warranty-Of soundness of horses-Sale of Horseflesh

Regulation Act

253-255

CHAPTER IV.

NEGOTIABLE INSTRUMENTS.

Law to a large extent practically codified by Bills of Exchange Act,
1882-Nature of negotiable instruments-Summary of provision of
Bills of Exchange Act, 1882-Definition of bill of exchange-Inland
Bill-Foreign Bill-Parties to Bill of Exchange-Leading case on
question who is a fictitious person-Acceptance of bill-General-
Qualified-Indorsement of bill-In blank-Special-Restrictive-
Presumption of law as to consideration-Days of grace-Acceptance

per proc-Overdue bill-Dishonour of bill-Notice of dishonour-
Statutory definition of cheque-What is reasonable time for pre-
sentation-Authority to pay-How revoked-Law as to special and
general crossing of bill-Law as to relations between banker and
customer-Statutory definition of Promissory Note-When inchoate
-Indorsement of, etc.-Provisions of the Judicature Act, 1873, as to
assignment of choses in action

CHAPTER V.

POLICIES OF INSURANCE.

256-267

Strict meaning of the terms "assurance" and "insurance"-General

definition of the contract of insurance-Distinction between marine

and fire insurances and life insurance-Consequences of principle of

indemnity-The doctrine of " subrogation "-The contract of marine

insurance defined and considered-"Open" and "valued" policies—

Provision of Statute 28 Geo. 3, c. 56, prohibiting marine policies in

blank-Assignment of marine policy-Particular and general average

-Usual conditions in policies of fire insurance-Provisions of the

Trustee Act, 1888, with regard to fire insurance-Judicial definition

of the contract of life insurance-Insurable interest rendered necessary

by 14 Geo. 3, c. 48-Godsall v. Boldero overruled by Dalby v. The

India and London Life Assurance Co.-The law as to the assign-

ment of life policies under the Policies of Assurance Act, 1867, stated

and considered-The Life Assurance Companies Acts, 1870, 1872-

Clause as to death by suicide, &c.-Stamp Duty on assignment of

policies of life insurance-Provisions of the Trustee Act, 1888, with

regard to policies of life insurance-Lien on policies created in four

cases-Law as to concealment of material facts-Accident insurance

defined and law considered-Guarantee policies-Rules for construc-

tion of policies of insurance
268-282

CHAPTER VI.

DEBENTURES.

The question as to "what are debentures" discussed-When debentures

require to be registered-Principal kinds of debentures-Form of

mortgage debenture-Nature of "floating charge"-Effect of deben-

ture given by a railway company-The question whether debentures

payable to bearer are negotiable considered

283-286

CHAPTER VII.

PATENTS.

Definition of Origin of term-How sealed-Right founded on Statute
of Monopolies Term of patent-Enactments and rules concerning
patents-What objects patentable-What may be subject of patent-