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The Land Charges Act, 1900, has also been inserted. The repeals effected by sect. 5 of that Act have rendered obsolete large portions of the previous Judgments Acts, which have accordingly been omitted. It is believed, however, that all material provisions now in force as to the effect of judgments in relation to land have been retained. An historical note has been added as to the previous legislation (pp. 509, 510).

Again, the Trustee Act, 1893, which has replaced the Trustee Act, 1850, has been inserted in the present Edition; and in view of the important cases decided under sect. 3 of the Judicial Trustees Act, 1896, that Act and a short note of those cases have been added (see pp. 806 to 808).

The subject of settled land has not been further dealt with by the Legislature since the publication of the last Edition; but the body of case law decided upon the existing Statutes has received considerable additions, which have been inserted.

Lastly, it will be seen that the Statutes have been arranged in a somewhat different, and it is hoped a more convenient, order; in addition to the full Table of Contents and Table of Statutes, short Tables of reference have been added giving the subject matter of these Statutes alphabetically, and also in the order in which they occur in the book (see pp. viii, vii).

As regards the notes on general law appended to the Prescription Act, 1832, it was thought that the matter contained in the earlier notes could be rendered more available for use by re-arrangement. Accordingly the cases as to prescription at common law, as to customs and usages, as to claims to profits à prendre, and as to licences in relation to real estate, have been separated (pp. 22 to 35); while the cases as to the presumption of lost grants (a doctrine which “in recent times has been applied more widely and to a greater variety of cases than formerly,” per Channell, J., in East Stonehouse Urban Council v. Willoughby Bros., Ltd., 1902, 2 K. B. 332) have been placed in separate notes (pp. 24, 25 and 121). A short statement has also been added as to rights of support (p. 92).

Besides the notes appended to the Prescription Act, 1832, the following notes on general law which occur in the book have been revised and developed, viz., the notes on the presumption of death (p. 153); on interest (p. 206); on estoppel (p. 279); on powers (pp. 290, 318); on separate use and restraint on anticipation (p. 320); on the distinction between the position of an executor and administrator (p. 136); and on the administration of assets (p. 399 et seq.), including the notes on an executor's right of retainer (p. 408), and on the words which charge debts or legacies on real estate (p. 411). In connection with the above-mentioned sections of the Land Transfer Act, 1897, general notes have been added as to the assent of the representatives of a deceased person to dispositions or devolutions of his estate ; and as to appropriations in specie in satisfaction of legacies or shares (pp. 424– 428). A collection of cases showing the questions decided under sect. 9 of the Vendor and Purchaser Act, 1874, will be found at p. 548.

By means of the Addenda (which should be noted up) the decided cases have been brought down to

November, 1902. It is believed that references to upwards of 2,000 new cases have been inserted in the present Edition.

In this, as in the previous Edition, I have to express my warm gratitude to Mr. HAROLD B. Bompas, of the Inner Temple, for the assistance he has rendered to me, and the ungrudging labour he has bestowed on the book. I have also to acknowledge the assistance which I have received from Mr. H. F. GREENLAND, of Lincoln's Inn.



November, 1902.


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In the Order in which they occur in the Book.


PAGE The Prescription Act, 1832

1 Modes of claiming incorporeal rights apart from the Act

20 Commons

35 Ways; Water; Support; Pews; Light; Air


Real Property Limitation Act, 1833, ss. 1–39, 43, 44 110
Real Property Limitation Act, 1837

172 Real Property Limitation Act, 1874, ss. 1–7, 9, 11, 12 184 Land Transfer Act, 1897, s. 12.

189 Money charged on Land, &c. Real Property Limitation Act, 1833, ss. 40-42

190 Real Property Limitation Act, 1874, ss. 8—10

211 Executors and Specialties. Civil Procedure Act, 1833, ss. 2--7

214 Simple Contract Debts. Limitation Act, 1623

222 Statute of Frauds Amendment Act, 1828

233 General. Mercantile Law Amendment Act, 1856

244 Trustee Act, 1888, ss. 1, 8, 12

247 Courts of Equity and Statutes of Limitation

251 Miscellaneous Limitations; Pleading

260 THE FINES AND RECOVERIES ACT, 1833, ss. 1–76, 92

262 MARRIED WOMEN'S PROPERTY. Fines and Recoveries Act, 1833, ss. 77–91

313 Married Women's Reversionary Interests Act, 1857

333 The Married Women's Property Acts, 1870, 1874, 1882, 1884, 1893

336 The Dower Act, 1833


374 PAYMENT OF DEBTS OUT OF REAL ESTATE. Debts Recovery Acts, 1830, 1839, 1848

387 Administration of Estates Act, 1833

398 Law of Property Amendment Act, 1859, ss. 14—18, 23

411 Land Transfer Act, 1897, ss. 1-5, 24-26

417 Real Estate Charges Acts, 1854, 1867, 1877



483 CONVEYANCING STATUTES. The Real Property Act, 1845

515 The Satisfied Terms Act, 1845

522 The Law of Property Amendment Acts, 1859, 1860

525 Trustees and Mortgagees Act, 1860

537 Vendor and Purchaser Act, 1874

544 Conveyancing Acts, 1881–1892


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