as imitating the possession; but it would be a trustee, it was held not to be necessary that h bolder stride, and, in my opinion, a dangerous should execute a new deed that should recite th conclusion, to say therefore this court has con-order, but that such person might execute th sidered the creation and instrument of trust as a deed tendered to the trustee, and that the attes mere nullity, and the estate is in all respects the tation should express that such person had e same as if it still continued in the seisin of the ecuted it in the place of the trustee, in pursuanc creator of the trust, or the person entitled to it. of the order. For my own part, I know no instance where this court has permitted the creation of the trust to affect the right of a third person." (Id. 250. 251.) Under the law as it stood before the passing of the statute 4 & 5 W. 4. c. 23. (1834), The Notes also contain a very copious in terpretation of Sir Edward Sugden's Trus tee Act and Lord Langdale's Amendment and the Author shews the conflicting opi nions held by the Judges upon the construc tion of the former Act. He also continue to animadvert upon the UNSETTLED STATE intituled "An Act for the Amendment of the Law relative to the Escheat or Forfeiture of Real or Personal Property holden in trust," if a trustee of the legal estate in the fee died without an heir, the land was escheated (excidit, fell away) to the lord, who, being in title paramount, was not of the Law, and gives another illustration, bound by the trust; so where a mortgagee of in the want of any defined character for a the legal fee died without an heir, the mortgagor Mortgagor in possession, the whole Law lost his estate, unless restored by the performance of the condition if no breach had been made in upon which subject will be found in this it; so where a trustee or mortgagee had been attainted. part. Some Judges have maintained that he is a tenant at will, others that he is a tenant at sufferance, and others again have called him a receiver, a trustee, and a disseizor: the latter surely cannot apply, because his possession is not properly his own, but that of the mortgagor (2 Mer. 360). What is his proper character at this day is to be determined by the next decision that shall be made upon the question. Now, by statute 11 Geo. 4. & 1 W. 4. c. 60. s. 8., where any person seised of any land upon any trust shall be out of the jurisdiction of, or not amenable to, the process of the Court of Chancery; or it shall be uncertain, where there were several trustees, which of them was the survivor; or it shall be uncertain whether the trustee last known to have been seised be living or dead, or, if known to be dead, it shall not be known who is his heir; or if any trustee seised as aforesaid, or the heir of any such trustee, shall neglect or refuse to convey such land for the space of twenty-eight days next after a proper deed for making such conveyance shall have been tendered for his execution by, or by an agent duly authorized by, any person entitled to require the same;-the Court of Chancery is empowered to direct any person in the place of the trustee or heir to convey such land to such person and in such manner as the Court shall think proper, and every such conveyance is to be as effectual as if the trustee so seised, or his heir, had made and executed the same; and in ex parte Foley, 8 Sim. 395., where a person had not hesitate in recommending the work to been ordered to convey in the place of a refusing general notice. THE PRECEDENTS are really USEFUL, and are well adapted for practice. The TRUST DEEDS for CREDITORS, and the instructions for their application, and the DUTIES of TRUSTEES, as well as the precautions to be taken by purchasers on the purchase of property from Trustees for Sale, will be found of great service to practical men, and we do EXAMINATION OF ARTICLED CLERKS. as to due service up to the time of leaving Michaelmas Term, 1839. them, and proof of the completion of the We beg to call the attention of those gen-tain admission before the end of the term. tlemen who are desirous of passing their EXAMINERS. Where Candidates are out of time required One of the Masters of the COMMON PLEAS. leave, as hath been so often unnecessarily Mr. Austen, Mr. Harrison, done, they should apply to the Examiner Mr. Metcalfe, Mr. Ranken, Attornies. BY THE NOTICE TO CORRESPONDENTS. NOTICE TO SUBSCRIBERS. The Index and Title page to Vol. II. next The Examination must take place within We shall publish the Questions for the A Stamped Edition of this paper is published In the Press, SECOND EDITION, The FIRST EDITION of this Work was dedi- for STUDENTS. JOHN RICHARDS and Co., 194, Fleet Street. Printed by GEORGE NORMAN, at his Printing Office, The Legal Guide. VOL. III.] SATURDAY, NOVEMBER 9, 1839. [No. 2. NEW LAWS OF REAL PROPERTY. Courts of Law and Equity, be deemed and ESSAY II. 3 & 4 Wm. IV. 74. cap. An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance.-[28th August, 1833.] (Continued from p. 4.) IT may be as well here to call the attention of our readers to the fact, that sec. 4. of Mr. Pigott's Act (14 Geo. 2. c. 20.) is still applicable to existing titles. That where any person or persons hath or have purchased, or shall purchase for a valuable consideration, any estate or estates, in lands, tenements, or hereditaments, whereof a recovery or recoveries is, are, or were necessary to be suffered, in order to complete the title, such person or persons, and all claiming under hita, ber, or them, having been in possession of the purchased estate, or estates, from the time of such purchase, shall and may, after the end of twenty years from the time of such purchase, produce in evidence the deed or deeds, making a tenant to the writ or writs of entry, or other writs for suffering a common recovery or recoveries, and declaring the uses of a recovery or recoveries: and the deed or deeds so produced (the execution thereof being duly proved) shall, in all VOL. III. taken as a good and sufficient evidence for such purchaser and purchasers, and those claiming under him, her, or them, that such recovery or recoveries was or were duly suf fered and perfected, according to the purport of such deed or deeds, in case no record can be found of such recovery or recoveries, or the same shall appear not to be regularly entered on record. Provided always, that the person or persons making such deed or deeds as aforesaid, and declaring the uses of a common recovery or recoveries, had a sufficient estate and power to make a tenant to such writ or writs as aforesaid, and to suffer such common recovery or recoveries. (a) With this observation we will proceed with the new Statute. Sect. 3 enacts, That in case any person shall, after the thirty-first day of December, one thousand eight hundred and thirty-three, be liable to levy a fine or suffer a common recovery of lands of any tenure, or to procure some other person to levy a fine or suffer a common recovery of lands of any tenure, under a covenant or agreement already entered into or hereafter to be entered into, before the first day of January, one thousand eight hundred and thirty-four, then and in such case, if all the purposes intended to be effected by such fine or recovery (a) See s.s. 8. 10. & 11. of the new Statute post. C can be effected by a disposition under this | a disposition under this Act, have the same operation and effect in every respect as such fine or recovery would have had if the same had been actually levied or suffered; but if some only of the purposes intended to be effected by such fine or recovery can be effected by a disposition under this Act, then the deed by which such declaration shall be made shall, so far as the purposes intended to be effected by such fine or recovery cannot be effected by a disposition under this Act, have the same operation and effect in every respect as such fine or recovery would have had if the same had been actually levied or suffered. Act, the person liable to levy such fine or suffer such recovery, or to procure some other person to levy such fine or suffer such recovery, shall, after the thirty-first day of December, one thousand eight hundred and thirty-three, be subject and liable under such covenant and agreement to make or to procure to be made such a disposition under this Act as will effect all the purposes in- ľ tended to be effected by such fine or recovery; but if some only of the purposes intended to be effected by such fine or recovery can be effected by a disposition under this Act, then the person so liable to levy such fine or suffer such recovery, or to procure some other person to levy such fine or suffer such recovery as aforesaid, shall, after the thirty-first day of December, one thousand eight hundred and thirty-three, be subject and liable under such covenant or agreement to make, or procure to be made, such a disposition under this Act as will effect such of the purposes intended to be effected by such fine or recovery as can be effected by a disposition under this Act; and in those cases where the purposes intended to be effected by such fine or recovery, or any of them cannot be effected by any disposition under this Act, then the person so liable to levy such fine or suffer such recovery, or to procure some other person to levy such fine or suffer such recovery as aforesaid, shall, after the thirty-first day of December, one thousand eight hundred and thirty-three, be liable under such covenant or agreement to execute, or to procure to be executed, some deed whereby the person intended to levy such fine or suffer such recovery shall declare his desire that such deed shall have the same operation and effect as such fine or recovery would have had if the same had been actually levied or suffered and the deed by which such declaration shall be made shall, if none of the purposes intended to be effected by such fine or recovery can be effected by : be Sec. 4 enacts, That no fine already levied in a superior Court of lands of the tenure of ancient demesne which hath not been reversed, and no fine hereafter to be levied of lands of that tenure, shall, upon a writ of deceit already brought by the Lord of the Manor of which the lands were parcel, the proceedings in which are now pending, or upon a writ of deceit which at any time after the passing of this Act may be brought by the Lord of the said Manor, be reversed as to any person except the Lord of the said Manor; and the Court shall order such fine to be vacated only as to the Lord of the said Manor; and every such fine which may reversed as to the Lord of the said Manor upon such writ of deceit as aforesaid shall still remain as good and valid against and as binding upon the Conusors thereof, and all persons claiming under them, as such fine would have been if the same had not been reversed by such writ of deceit as aforesaid; and no common recovery already suffered in a superior Court of Lands of the Tenure of Ancient Demesne which hath not been reversed, and no common recovery hereafter to be suffered of lands of that tenure, shall, upon a writ of deceit, already brought by the Lord of the Manor, of which the lands were parcel, the proceedings in which are now pending, or upon a writ of deceit |