alterations made by the Settled Land Act, 1890, will be found incorporated in the Chapter on Settlements (p. 145, et seq.) The chapter on Partnership has been almost rewritten; that on Companies has been very materially altered by three Acts the Directors' Liability Act, 1890, the Companies (Memorandum of Association) Act, 1890, the Companies (Winding-up) Act, 1890. The Bankruptcy Act, 1890, has necessitated great alterations in Book X. A new chapter (Chapter XVII.) has been added to Book VI., dealing with miscellaneous business in the High Court and the principal remedies by the exercise of extraordinary judicial powers, habeas corpus, mandamus, prohibition, quo warranto, certiorari, and petition of right. The Custody of Children Act, 1891 (54 Vict. c. 3), and the Tithe Act, 1891 (54 Vict. c. 8) were passed too late to be noticed in the text. The former Act should be added to Chapter IX. of Book V.; the latter to Chapter VII. of Book XII. The Index to the work has been very much increased, and in the Table of Cases references have been added, in respect of the more important cases, to the Law Journal, Law Times, and Weekly Reporter. I have now only to acknowledge most gratefully the able assistance which I have received in the preparation of this second edition from my friends Mr. G. M. W. Hill, of the Inner Temple, and Dr. Sydenham-Jones, of Lincoln's Inn, and of the South Wales Circuit, barristers-at-law, and again to submit my work to the favourable consideration of the public and the legal profession. LINCOLN'S INN, May, 1891. THOMAS BRETT. EXTRACT FROM PREFACE TO THE FIRST EDITION. THE object of this work is to give, in as comprehensive a manner as is possible within moderate limits, an account of the present laws of England. The fact that greatindeed, almost revolutionary-changes have been introduced into the theory and practice of the law in recent times, so that, as a high authority (1) has told us, the judicial spirit itself is altered, "technicality after technicality is being brushed away with a rapidity only known to those who closely observe the process, and subtilties are laughed at that would have been listened to five and twenty years ago," would seem fully to justify the appearance of a work the object of which is to lay before the reader a statement of English law as it now is. A main idea of this book is to bring into special prominence the present and living law, and only to deal with past law, or that which is practically obsolete, so far as it is necessary to enable the reader to understand the present. Prefixed to the first volume will be found a Table of the Contents of that volume and Tables of the Cases and Statutes referred to in the work. The second volume contains a Table of the Contents of that volume, and a very full Index to the entire work. I desire to warmly acknowledge the very great assistance which I have received from my friends in the preparation of this work. Among these I must particularly mention Mr. G. M. W. Hill, of the Inner Temple; Mr. James () Lord Justice Lindley, in a Lecture delivered at Owens College, Manchester, Oct., 1889. Wilson, of the Middle Temple; Mr. E. W Hansell, of the Inner Temple; Mr. John Marsh Dixon, of the Inner Temple; Mr. J. A. Strahan, of the Middle Temple; Mr. W. Neill, of the Inner Temple; Mr. P. H. Fothergill, of Lincoln's Inn; Mr. Henry St. John Dawson, of Lincoln's Inn, Barristers-at-law :-Mr. G. Glover Alexander, of the Inner Temple; and Mr. Archibald Rivington, Solicitor. To all these gentlemen I return my grateful thanks, and I now submit the result of my labours to the favourable consideration of the public and of the profession to which I have the honour to belong. LINCOLN'S INN May, 1890. THOMAS BRETT. 1 Division of property into real and personal-Definitions of Lands, tene- Varieties of tenure-Grand serjeanty Petit serjeanty-Gavelkind- Borough English-Ancient demesne-Estates in land considered in four aspects (1) With regard to the nature of the estate-(2) With regard to the number and connection of the tenants-(3) With re- gard to the quantity or legal magnitude of the estate-(4) With Origin of uses—The Statute of Uses does not apply to copyholds, chattels real, or peerages-Creation and transfer of equitable estates-Dis- tinction between legal and equitable estates not destroyed by the Judicature Act-Conveyances by one person to himself and another, and between husband and wife under the Conveyancing Act 16-21 Nature of-How created-Widow's dower estate-Estate by curtesy- Tenant in tail with possibility of issue extinct-Duty of tenant for life in respect of mortgages and charges-Law as to emblements- Apportionment Act-Custody of title deeds-Powers of tenant for Estate tail-Definition of-Descriptions of estate tail-Rule in Shelley's Definition of fee simple estate-Different modes in which it may be acquired-How usually limited to individuals and to corporations— Provisions of section 51 of the Conveyancing Act, 1881, as to the words which are sufficient in a deed-The rule in Shelley's case— Provisions of the Wills Act as to devise of fee simple-The statute of Quia Emptores-Powers of tenant in fee simple-Liability in respect of debts-Payment of charge by tenant in fee simple-Law as to restraint on alienation-Law as to married women, infants, lunatics, and idiots-Charities - Companies-Corporations-Voluntary and fraudulent settlements-The rules of descent stated and illustrated by cases-The Naturalization Act, 1870-Escheat-Abolition of Definition of joint tenancy, &c.-Four unities of joint tenancy stated and illustrated-Maxims applicable to joint tenancies and incidents of such estates-How tenancies in common and estate in coparcenary arise, &c.-Problems illustrating law as to joint tenancies, &c.— Tenancy by entireties-Effect of Married Women's Property Act, |