them. Probably the mutability of our Laws is to be ascribed rather to their being often framed with no suf- ficient appreciation of the existing law, or its mischief, or of the remedy requisite, than to that cause to which the Complaints on the character of legislation with us both The Chapter on Descent and part of the Chapter on Dower are taken, with many alterations, from the work of the Author on the Commentaries of Blackstone adapted to the Law of Upper Canada; a course justified by the alterations made, and the probability that that work will shortly be The Author has to express his thanks to his friend Mr. TORONTO, April 1, 1869. CONTENTS. SEE ALSO, INDEX, STATUTES TREATED OF. 29 Vic. c. 28, An Act to amend the Law of Property and 48 93 Con. Stat. c. 82, s. 7, As to Attainder and Corruption of ... 166 209 c. 116, As to Attainder and Corruption of Blood. 163 Of Execution generally, and the following Statutes relating 13 Ed. 1, c. 18, St. Westminster-Fieri Facias and Elegit. 13 Eliz. c. 4-Crown accountants. 29 C. 2, c. 3, ss. 14, 15-Signing judgment-Purchasers. 4 & 5 W. & M. c. 20-Docketing Judgments-Purchasers. 5 Geo. 2, c. 7, s. 4—Fieri Facias against lands. 2 & 3 Vic. c. 11, s. 8, Imp.-Registry of Crown debtors 29 & 30 Vic. c. 42, ss. 5, 6-Issuing of fieri facias lands— c. 43-Abolition of binding effect of Crown 31 Vic. c. 20, ss. 58, 59-Registry of Sheriffs' deeds. c. 22, s. 249-Renewal of writs. c. 22, s. 252-Lands and goods not to be in one c. 22, ss. 257, 258, 259—Sale of equity of re- c. 73-Right of married woman to redemption c. 83, s. 10-Mortgage by tenant in tail. c. 87-Release by executors-Merger-Purchase by mortgagee of the equity of redemption. c. 13-Extending Con. Stat. c. 22 to heirs, execu- tors and administrators of mortgagor. c. 15-Sale of lands on execution against executors ADDENDA. PP. 4. 5, 6.-On the covenant against assignment without leave, that assignees in law are not bound though assigns are named, and that their assigns are bound, if assigns are named; see Winter v. Dumerque, 12 J. N. S. 726, Ex. Chamber. P. 58. As to an instrument operating as a lease or as a mere agreement for a lease, see Davidson Convey. vol. 5, p. 6, and cases there cited. PP. 9, 72.-That a proviso for re-entry in a lease in case the lessee should be convicted of an offence against the game laws, does not run with the reversion, see Stevens v. Copp, L. R. 4 Ex. 20, but see per Kelly, C. B. Asto covenants with a vendor of portions of lands against building thereon running with the land retained in favor of the grantees thereof, Western v. Macdermot, L. R. 1 Eq. 449. See further as to covenants not running with the land at Law, and yet being binding in Equity if notice had of the covenant; Wilson v. Hart, L. R. 1 Cha. App. 463. P. 191. It is conceived that in case of death of a mortgagee, he would not, at Law at least, be so far regarded as a trustee as to prevent the application of the Statute of Victoria, and descent by primogeniture, and that in this respect Equity would follow the Law. P. 325.-The present practice of the Court of Chancery, under the Act for Quieting Titles, is to require that the existence of an execution in the Sheriff's hands should be negatived for a period of thirty days before the petition, from which it may be inferred that a delay to redeliver for that period would be an abandonment. P. 377.-That a second mortgagee, though his mortgage be on trust to sell, may purchase irredeemably on a sale by a prior mortgagee, see Kirkwood v. Thompson 13 W. R. 495, 1052, 11 Jur. N. S. 385, S. C. PP. 401, 402, 403.-That possession is constructive notice; Gray v. Coucher, 15 Grant, 419. That however constructive notice by possession will not prevail against a registered instrument under the Registry Act of 31 Vic., see Sherboneau v. Jeffs, 15 Grant, 574. P. 278.-A married woman, who was residuary legatce to her separate use under Con. Stat. ch. 73, held bound by her authority to the executors, with her husband's assent, to take land in payment of a debt due the testator; and semble even without the husband's assent; McCargar v. McKinnon, 15 Grant, 361. PP. 223, 224.-That a wife having joined with her husband in a mortgage, is not entitled in case of deficiency of assets on his death, to have the estate exonerated as against simple contract creditors to let in dower; White v. Bastedo, 15 Grant, 549, overruling Sheppard v. Sheppard, 14 Grant, 174; see also Thorpe v. Richards, 15 Grant, 408. P. 321. That a purchaser under execution will not be affected by mere want of non-compliance with the Statute as to advertising the sale by the Sheriff &c; Connor v. Douglas, in Appeal, 15 Grant, 456, and cases there referred to. |