Alphabetical Table of Subjects (p. xxxix.), not in any way designed to take the place of a General Index, but merely intended to guide the reader to the several parts and sections of the Volume, has been appended to the usual Table of Contents.

The labour involved in the preparation of the present Volume has been so great that the entire time at command of the Editors has been necessarily devoted by each of them to his particular department of the Work; and they regret that they have thus been prevented from availing themselves of all the aid which the kindness of the profession has placed at their service. Much assistance, however, has been received, and for this they hope to make suitable acknowledgment in the Preface to the third Volume.

In conclusion, the Editors beg to state that they will be very grateful for any suggestions, corrections, and emendations which may reach them in time to admit of insertion in the text of Volume III., or in the Addenda to the whole Work.

C. C. M. D.

W. C.

LINCOLN'S INN,

February, 1893.

SECTION I.-MARRIED WOMAN PLAINTIFF or Defendant.

FORMS:-1. Judgment against a married woman. 2. Judgment against

woman married after 1870 and before 1883, in respect of an antenuptial

debt-Married Women's Property Act, 1870 (33 & 34 V. c. 93),

s. 12-

Page 749

NOTES:-Married woman plt-Married woman deft-liability to be sued
Judgment against married woman-Action against husband-Sum-

mary decision of questions between husband and wife as to pro-

perty

749-755

SECTION II.-SEPARATE ESTATE.

(1.) SEPARATE ESTATE INDEPENDENT OF STATute.

FORMS-1. Judgment establishing and directing payment of a claim by

a creditor against a married woman's separate estate. 2. Judgment

charging a married woman's interest after her husband's bankruptcy

with her debts incurred before marriage. 3. Separate estate charged

with debt. 4. Inquiry as to separate estate. 5. Judgment charging

against her separate estate a debt incurred by a married woman.

6. Amount of debts and costs recovered in an action against a married

woman, declared a charge upon her separate property, without pre-

judice to any rights of her trustee not made a party. 7. Declaration of

charge on married woman's separate estate, with account and in-

quiry
756-758
NOTES:-Trust for separate estate-Rights and liabilities in respect of sepa-
rate estate

(II.) RESTRAINT ON ANTICIPATION.

-

759-764

FORMS-1. Restraint on anticipation removed-Conveyancing Act, 1881,

s. 39. 2. Mortgage notwithstanding restraint-repayment secured by

life policy. 3. Liberty for married woman restrained from anticipation

to charge her life estate. 4. Another form. 5. Married woman to be

at liberty to concur in a mortgage. 6. Payment of debts of married

woman out of corpus notwithstanding restraint-purchase of government

annuity. 7. Payment of husband's debts-restraint removed-amount

secured by policy on life of wife -

NOTES

-

764-767

767-770

(III.) SEPARATE ESTATE UNDER THE MARRIED WOMEN'S PROPERTY ACTS.

FORM:-1. Appointment of trustees of policy money-Married Women's

Property Act, 1882, s. 11 -

Pages 770-777

NOTES:-Married Women's Property Acts, 1870 and 1874-Married Women's

Property Act, 1882 -

(VI.) AUTHORITY OF WIFE TO PLEDGE HER HUSBAND'S CREDIT

(VII.) MARRIED WOMAN EXECUTRIX

(VIII.) MARRIED WOMAN'S WILL

-

-

770-777

777

- 778

779

780

781-783

SECTION III.-PAYMENT TO HUSBAND, WIFE, OR TRUSTEES.

FORMS-1. Transfer and payment to husband of woman married before

1883, where no settlement. 2. Same, where an existing settlement does

not affect the fund. 3. Same, on application and examination in

chambers. 4. Order for examination by commissioners. 5. Order for

transfer to a woman married before 1883, who had obtained a protection

order, of a reversionary interest which had fallen into possession since

her desertion. 6. Examination of woman married before 1883 as to

post-nuptial settlement. 7. Order for examination as to post-nuptial

settlement. 8. Payment to husband, wife married before 1883, electing

to take money arising from land as money. 9. Order for examination

as to money arising from land, subject to entail, after disentailing deed-

3 & 4 W. IV. c. 74, ss. 84-88. 10. Order for examination by commis-

sioners as to re-investment of fund in land, or electing to take it as

money

783-787

NOTES:-Transfer and payment of married woman's fund-separate exami-

nation-Husband or wife of unsound mind-Affidavit of no settle-

ment-

787-793

-

SECTION IV.-ORDER FOR SETTLEMENT-WIFE'S EQUITY.

FORMS-1. Where feme covert on being examined desires a settlement.

2. Further order in chambers. 3. Where the application is made

originally in chambers. 4. Inquiry whether any settlement, and if

proper, and if not, direction for settlement. 5. Married woman de-

serted by her husband-equity to a settlement. 6. Two-thirds settled

by order without deed as against husband's incumbrancers. 7. Settle-

ment by order. 8. Settlement by order-another form. 9. Settlement

by order of whole fund, the husband claiming no part. 10. Another

form-a moiety settled-annual sum paid to wife out of income and

capital
793-799

NOTES:-Wife's equity to a settlement-Amount

SECTION V.-DOWER AND JOINTURE.

(1.) DOWER.

800-805

FORMS:-1. Inquiries as to lands subject to dower-dower assigned.

2. Inquiry and commission to assign dower and freebench. 3. Account

of rents-occupation rent charged. 4. Inquiries as to lands of which

testator died seised, and as to dower. 5. Sale subject to dower - 805—807

NOTES

807-810

(II.) JOINTURE.

FORMS:-1. Jointure confirmed-deeds to be produced. 2. Jointure to be

made good-deeds-account

NOTES

Pages 810, 811

811, 812

SECTION VI.-SEPARATION AND Divorce.

(1.) VOLUNTARY SEPARATION.

FORMS:-1. Decree for specific performance of articles of separation.

2. Specific performance of agreement for separation

NOTES: Separation deeds

812, 813

813-816

(II.) JUDICIAL SEPARATION-DISSOLUTION OF MARRIAGE.

FORM:-1. Dealing with wife's reversionary interest after judicial separa-

tion

-

816

NOTES:-Effect of judicial separation or dissolution of marriage-Restitu-
tion of conjugal rights

816-819

CHAPTER XXXVIII.

INFANTS.

SECTION I.-ACTIONS BY OR AGAINST INFANTS.

FORMS:-1. Next friend of infant plt in room of one deceased. 2. New

next friend in room of one living, on giving security for costs.

3. Guardian ad litem assigned to lunatic, on his application when com-

mittee is interested. 4. Guardian assigned to infant or non compos on

plt's application, O. XIII. 1. 5. Inquiry whether action proper and for

the infant's benefit. 6. Inquiry which of two actions is for the benefit

of the infant. 7. Order for stay upon terms of the less beneficial of two

actions instituted in an infant's name. 8. Proceedings in stranger's

action stayed on payment of his costs-next friend in second action dis-

charged, and appointment of new next friend directed. 9. Infant plt

coming of age and repudiating action, made deft. 10. To amend by

striking out late infant plt, who, on coming of age, repudiates the

action

819-823

NOTES:-Action by infant-Next friend-Action against infant-guardian

ad liter

823-827

SECTION II.-SHOWING CAUSE AGAINST JUDGMENT.

FORMS:-1. Judgment nisi against infant. 2. Judgment absolute against

infant. 3. Judgment for immediate foreclosure absolute against infant

and married woman, plt paying their costs, and Court declaring it for

their benefit. 4. Foreclosure absolute against infant on payment of his

costs. 5. Foreclosure nisi-conveyance when infant attains twenty-one

-day to show cause. 6. Foreclosure of equitable mortgage against

infant heir-at-law-infant declared a trustee-person appointed to

convey

NOTES:-Impeaching and showing cause against judgment

827-829

830-832

SECTION III.-ADOPTION OF PROCEEDINGS-INFANTS' CONTRACTS.

FORMS:-1. Inquiry as to adopting contracts. 2. Infant declared not bound

by judgment, but former accounts to be adopted if beneficial. 3. In-

quiry waived. 4. Proceedings adopted. 5. Conditional agreement for

a sale in a partition action approved on behalf of infant plaintiff. 6. In-

fant's contract for necessaries-Account and inquiry Pages 833, 834

NOTES:-Compromise on behalf of infant-Shares in name of infant-Rati-

fication
834-837

-

SECTION IV.-GUARDIANSHIP, MAINTENANCE, AND EDUCATION.

(1.) ORDER FOR APPOINTMENT OF GUARDIAN WITH OR WITHOUT MAINTENANCE.

FORMS: 1. Appointment of guardian of infant's person. 2. Reference to

chambers to appoint guardians of the person. 3. Fund applied for

maintenance of non compos. 4. Guardian of person and maintenance.

5. Guardian of person and estate-maintenance. 6. Guardian of estate,

and to account annually-maintenance. 7. Maintenance partly out of

income of personal estate and partly out of rents, &c. 8. Guardian of

person and estate without security on undertaking to account when

required-maintenance. 9. Removal of guardian for misconduct.

10. Guardian of estate discharged-new guardian-account of rents.

11. Removal of guardian, and reference to chambers to appoint another.

12. Appointment of guardian for the purpose of consenting on behalf of

an infant under the Improvement of Lands Act, 1864 (27 & 28 V. c. 114),

and the Limited Owners' Residences Act, 1870 (33 & 34 V. c. 56).

13. Father to concur in conveyance of infant's estate, under the Places

of Worship Act, 1873 (36 & 37 V. c. 50), and Vendor and Purchaser Act,

1874 (37 & 38 V. c. 78). 14. Guardian appointed to consent to marriage.

15. Guardian appointed to protect infant's interest on bill in Parliament.

16. Approval of proceedings before the House of Lords to establish in-

fant's claim to a peerage. 17. Leave for infant to petition the Queen for

permission to use name and arms
837-843

NOTES:-Jurisdiction-infant ward-guardian of person-Application and

form of order-Guardian, who may be appointed-Foreign guardian-

Testamentary guardian-Guardianship of Infants Act, 1886- 843-848

(II.) ORDERS RELATING TO MAINTENANCE AND EDUCATION.

FORMS-1. Order for increase of maintenance. 2. Advance for mainte-

nance out of income of contingent share secured by policy. 3. Mainte-

nance charged on infant's real estate. 4. Accumulation of income of

particular property applied for maintenance-infant being entitled to

more funds than one. 5. Infant having come of age, guardian of estate

to pass his accounts and pay over balance. 6. Infant placed as a pupil,

or at school. 7. Infant to be articled or apprenticed. 8. Determining

apprenticeship of infant in consequence of bankruptcy of master, and

for return of part of premium
848-852

NOTES:-Maintenance-father's ability-Past maintenance-Person of un-

sound mind- Mode of raising money for maintenance-Costs-Return

of premium-Statutory powers of maintenance Lord Cranworth's

Act-Conveyancing Act, 1881

852-858

859

(III.) ORDERS UNDER STATUTES RELATING TO INFANTS' STOCK

FORMS:-1. Order for transfer into Court of infant's stock legacy, under

36 G. III. c. 52-costs-maintenance. 2. Interest of stock in infant's

name applied for maintenance, on petition, under 1 W. IV. c. 65,

ss. 32, 35, 44. 3. Payment of dividends on infant's stock to

guardian

859, 860