attached, and indorsed with the name of the plaintiff's solicitor, it may then be filed (sect. 10), with the Clerk of Records and Writs, the fee for which is 17., payable by means of a stamp: (6th Order, 25th October, 1852; Ayck. 473, 5th edit.), and at the same time an office copy is bespoken. Notice of filing is then usually given by a note in writing to the defendant's solicitor: (id. ib.) Appearance.]—The defendants in a special case may appear thereto in the same manner as defendant appears to bills, and no defendant shall be required to take an office copy of a special case, but an office copy thereof shall be taken by the plaintiff: (13 & 14 Vict. c. 35, s. 10.) The appearance is entered with the Clerk of Records and Writs, in like manner as in a suit by bill, and the like fee is paid, after which notice should be served on the plaintiff's solicitor or agent: (Ayck. 473, 5th edit.) Effect of filing case and appearance thereto.]-After filing special case and entry of appearance by the defendants, all the parties to the case are subject to the jurisdiction of the court in precisely the same manner as if the proceedings had been by bill: (sect. 11.) And such filing of the special case, and entering appearances thereto, shall be taken to be a lis pendens, and may be registered under the provisions of the act (2 Vict. c. 11), in the manner as any other lis pendens in a court of equity may be so registered, and unless and until so registered, shall not bind a purchaser or mortgagee without express notice thereof: (sect. 17.) Setting down the case.]-As soon as all the defendants shall have appeared to the special case, the same may, subject to the provisions thereinafter contained, be set down for hearing, and subpoenas to hear judgment issued and served according to the practice of the court: (13 & 14 Vict. c. 35, s. 12.) In order to get the cases set down, a certificate must be first obtained from the Clerk of Records and Writs, that the case is in a fit state to be set down. Having obtained this, which must be on a 4s. stamp, it must be endorsed with the date, and also the name of the solicitor. It should then be taken to the registrar's clerk, who will then set the case down for hearing: (Ayck. 475, 5th edit.) Subpana to hear judgment.]—Upon the special case being set down for hearing, subpoenas to hear judgment may be issued, and served according to the practice of the court (13 & 14 Vict. c. 35, s. 12); but as special cases are usually of an amicable nature, it is the more general practice to dispense with the subpoena, and merely to give notice to the defendant's solicitor that the case is set down for hearing: (Ayck. 476, 5th edit.) The hearing.]-Upon the hearing, the case is argued in the same manner by the counsel employed by the parties, as upon the hearing of a cause, and upon the hearing of any such special case, it shall be lawful for the court to determine the questions raised thereon or any of them, and by decree to declare its opinion thereon, and, so far as the case shall admit of the same, upon the right involved therein, without proceeding to administer any relief consequent upon such declaration; and every such declaration of the court contained in any such decree shall have the same force and effect as such declaration would have had, and shall be binding to the same extent as such declaration would have been if contained in a decree made in a suit between the same parties instituted by bill; provided that it shall be lawful for the court, if it shall see fit so to do, before proceeding to make such decree as aforesaid, to send any case or cases for the opinion of Her Majesty's Courts of Common Law, reserving the consideration of all further directions and the costs, and to make such decree as aforesaid upon further directions; provided also, that if upon the hearing of such special case as aforesaid, the court shall be of opinion that the questions raised thereby or any of them cannot properly be decided upon such case, the court may refuse to decide the same: (13 & 14 Vict. c. 35, s. 14.) Court cannot decree a specific performance upon a special case.]-The court has no jurisdiction upon a special case to make a decree for a specific performance (Evans v. Evans, 22 L. T. Rep. 43), nor to make binding declarations of future rights: (Garlick v. Lawson, 10 Hare, App. 14; Greenwood v. Sutherland, ib. 12.) Proceeding after decree pronounced.]-Upon the decree being pronounced, the minutes are prepared and settled, and the decree passed and entered in the usual way, as upon the hearing of a cause: (Ayck. 478, 5th edit.) Fees.]-The fees for every decree on the hearing of a special case, including the court fee and the charge for entry is 4., payable by means of a stamp: (6th Order, 25th October, 1852.) Costs.]-The costs of all proceedings under this act are in the discretion of the court, which, under the 32nd section of the above-mentioned act (13 & 14 Vict. c. 35), has the power to direct the costs to be paid out of the estate: (Evans v. Evans, 22 L. T. Rep. 43; Ayck. 480, 5th edit.) BOOK THE SECOND. SECURITIES. CHAPTER I. MORTGAGES. I. INTRODUCTORY OBSERVATIONS. II. OF MORTGAGES IN GENERAL. 1. Advantages of a mortgage as a security. 2. Of the several kinds of property which may form the subjectmatter of a mortgage. 3. Interests incapable of being mortgaged. 4. Qualifications of a mortgagor to execute a mortgage. III. EQUITABLE MORTGAGE SECURITIES. 1. Mortgage agreements. 2. Equitable mortgages by deposit of title deeds. IV. MORTGAGE BONDS AND WARRANTS OF ATTORNEY. I. INTRODUCTORY OBSERVATIONS. Various kinds of instruments employed as securities for money.]-Those written instruments which come within the province of the conveyancer under the denomination of securities for money, are mortgages, bills of sale, bonds, warrants of attorney, and redeemable annuities. Bills of exchange and promissory notes are certainly written instruments for [P. C.] 2 E securing the payment of money, but they are instruments which, from their peculiar nature and character, have always formed part of the common law business of an attorney's office, and therefore it would be out of place to treat upon such securities in a work which relates solely to the practice of conveyancing. Our consideration, therefore, will be confined to those securities only which we have above pointed out as belonging to the conveyancing department, which we purpose treating upon in the order in which they are there respectively enumerated. II. OF MORTGAGES IN GENERAL. 1. Advantages of a mortgage as a security. 2. Of the several kinds of property which may form the subjectmatter of a mortgage. 3. Interests incapable of being mortgaged. 4. Qualifications of a mortgagor to execute a mortgage. 1. Advantages of a Mortgage as a Security. Remedies afforded to lender by a mortgage security.]—Of all the securities enumerated in the preceding section, a mortgage is generally ranked as the most safe and eligible, from the ample remedies it affords for the protection of the lender, who may not only obtain the actual possession of the property itself, but may bring his action on the covenant for payment of principal and interest, or foreclose the equity of redemption; and in the mode in which most modern mortgages are now penned, he may also sell under the powers of sale contained in his mortgage deed, and pay himself his principal, interest, and costs out of the purchase moneys. Added to all which remedies, a mortgagee may at any time transfer his mortgage security to a third party, and this as well without the mortgagor's concurrence as with it. Importance of ascertaining that the title is a marketable one.] But great as are the advantages which a mortgage security affords, it by no means dispenses with the necessity of the mortgagee's solicitor using his utmost vigilance in the conduct of the transaction; for he must not only see that the property is of adequate value to realize the principal and interest, and to cover all expenses that may be incurred in the business, but he must also ascertain that the title to the mortgaged premises is altogether unimpeachable. In fact, a better title is often required in the case of a mortgage |