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1893...56 & 57 Vict. c. 71, s. 25 (Sale of Goods, Possession after Sale), 1284, 1463,

1483.

c. 73 (Local Government), 452, 454, 455.

1894...57 & 58 Vict. c. 10 (Trustees), 529, 738. 902.

c. 30 (Legacy and Estate Duty)—.

s. 8 (Liability of Trustees to Pay Duty), 435.

s. 9 (Mortgages by Executors or Trustees to Pay Duty), 423, 435.

c. 46 (Copyholds), 18, 153, 154. And see infra.

ss. 8, 15 (Compensation for Enfranchisement), 1370.

s. 27 (Priority of Enfranchisement, Rent-charges), 1370. ss. 28-31 (Apportionment of Rent-charges, &c.), 1370.

s. 36 (Charge for Enfranchisement Money), 386.

s. 37 (Charge for Lord's Expenses), 387.

s. 38 (Charge where Tenant's Title bad), 387.

s. 39 (Charge for Money paid by Mortgagee), 387.

s. 88 (Devolution of Mortgage Estates), 720, 842, 998, 1005, 1069).

c. 47 (Building Societies), 460, 461, 544.

s. 2 (Accounts), 547.

s. 10 (Liability of Borrowing Members), 558.

s. 12 (Prohibition of Ballot), 545.

8. 14 (Limits of Borrowing Powers), 462.

s. 28 (Rules), 545.

c. 60 (Merchant Shipping), 255 et seq.

s. 1 (Definition of "British Ship"), 256.
s. 2 (Division of Ship into Shares), 256.

s. 5 (Register), 256.

ss. 9, 10 (Entries in Register Book), 256.
ss. 14-23 (Certificates of Registry), 257.

s. 24 (Transfer of Ship or Share), 258.

ss. 25, 26 (Declaration and Register of Transfer), 258.

s. 27 (Transmission of Property in Ships, &c.), 259.

s. 31 (Mortgage of Ship or Share), 259.

s. 32 (Discharge of Mortgage), 268, 1408.

s. 33 (Priority of Mortgages), 1285.

s. 34 (Mortgagee not treated as Owner), 263.

s. 35 (Power of Sale), 263.

s. 36 (Mortgage not effected by Bankruptcy), 269.

s. 37 (Transfer of Mortgage), 268.

s. 38 (Transmission of Mortgagee's Interest), 268.

ss. 39-42 (Certificates of Mortgage), 261.

s. 43 (Rules as to Certificates of Mortgage), 262.

s. 55 (Disabilities), 269.

s. 56 (Notice of Trusts), 257.

s. 57 (Equities), 257.

s. 65 (Forms of Documents), 260.

s. 156 (Remedies of Seamen), 1393.

s. 167 (Remedies of Master for Disbursements), 1391,

1397.

s. 591 (Pilotage Fees), 1394.

s. 742 (Home Port), 1510.

1895...58 & 59 Vict. c. 16 (Finance), 1524.

c. 25 (Mortgage, Solicitor), 18, 610, 1144.

s. 2 (Charges by Mortgagee-Solicitor), 1194.

s. 3 (Recovery of Costs), 1194.

s. 4 (Definition of Mortgage), 1195.

1896...59 & 60 Vict. c. 35, s. 3 (Judicial Trustee, Breach of Trust), 533.

c. 45 (Stannaries Court, Abolition), 1121.

TABLE OF RULES OF THE SUPREME COURT.

N.B.-The figures printed in dark type denote the pages at which the rules referred to are cited verbatim.

Order III. (Indorsement of claim)

r. 6 (special indorsement), 665, 666, 797, 921, 959, 1019.

VIII. (Renewal of writ)—

r. 1 (original writ in force for twelve months), 1065.

XI. (Service out of jurisdiction), 988.

XIII. (Default of appearance)

r. 3 (liquidated demand indorsed), 1019.

XIV. (Leave to sign judgment, &c.)

r. 1 (judgment on writ specially indorsed), 665, 666, 921, 959, 1019,

1020.

XV. (Application for account)

r. 1 (order for account), 734, 1019, 1026, 1138.

r. 2 (application, how made), 1026.

XVI. (Parties)

r. 6 (joinder of persons severally or jointly and severally liable), 966. r. 8 (trustees, executors. &c., may sue and be sued as representing estate), 721, 1006, 1119.

r. 9 (numerous persons), 1013, 1118, 1119.

r. 11 (misjoinder and non-joinder), 965, 1013.

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(consent of plaintiff or next friend), 630.

r. 46 (where no legal personal representative, Court may appoint or dispense with), 1043.

r. 55 (defendant claiming against co-defendant), 95, 1141.

XVII. (Change of parties by death, &c.)—

r. 1 (action not abated where cause of action continues), 632, 1322. r. 2 (in case of marriage, &c., husband, &c. may be ordered to be made a party or served with notice), 347.

r. 3 (in case of assignment, &c., pendente lite, action may be continued), 632.

r. 4 (order to carry on proceedings), 632, 1015.

XVIII. (Joinder of causes of action)

r. 2 (recovery of land), 727, 1018.

r. 4 (husband and wife), 347.

Order XIX. (Pleading generally)

r. 3 (set-off and counterclaim), 730.

r. 15 (grounds of defence, &c. to be raised), 56, 730, 731, 1022, 1061, 1305.

r. 19 (negative pregnant), 1305.

r. 23 (notice), 1305.

r. 27 (striking out pleadings), 630.

XX. (Statement of Claim)

r. 4 (claim beyond indorsement), 1020.

r. 6 (relief to be specifically stated), 49, 729.

XXV. (Proceedings in lieu of demurrer), 731, 1304.

XXVII. (Default of Pleading)

r. 15 (setting aside judgment by default), 156.

XXXII. (Admissions), 1023.

XXXIII. (Issues, inquiries and accounts)—

r. 2 (inquiries and accounts, when directed), 1138, 1209.
r. 5 (surcharge), 1143.

r. 8 (just allowances), 266, 1191.

XLI. (Entry of judgment)

r. 5 (judgment to state time within which act to be done), 955.

XLII. (Execution)—

r. 5 (enforcement of judgment for delivery of land), 1045.
r. 7 (enforcement of judgment to do or abstain from act), 955.
r. 17 (time to sue out execution on judgment), 224.
r. 24 (orders enforceable like judgments), 224.

XLIII. (Writs of fi. fa., elegit and sequestration)—
r. 6 (sequestration), 649.

XLVI. (Charging orders, distringas, stop orders)

r. 1 (application for and effect of charging order), 1358.
r. 2 (writ of distringas not to issue), 1274.

r. 3 (meaning of "company" and "stock"), 1274, 1362.

r. 4 (filing and service of affidavit and notice as to stock), 1274.

r. 8 (effect of service of affidavit and filed notice), 1275.

r. 9 (withdrawal or discharge of notice), 1275.

r. 10 (effect of request for transfer of stock), 1275.

r. 11 (amendment of description of stock), 1275.

r. 12 (costs occasioned by stop orders), 1280.

r. 13 (service of application for stop order), 1276.

XLVII. (Writ of possession)--

r. 1 (writ of possession for recovery of land), 797, 945.
r. 2 (proof of service of judgment, and default), 945.

XLVIII. (Writ of delivery), 946.

L. (Interlocutory orders)-

r. 6 (application under Judicature Act, 1873, s. 25 (8)), 927.

r. 8 (order for recovery of specific property subject to lien), 1047.

r. 16 (receivers-security by and allowance to), 942, 957.

r. 17 (adjournment into Chambers to give security), 943.

r. 18 (passing accounts and paying balances), 955.

r. 19 (form of accounts), 955.

r. 20 (leaving account with affidavit), 955.

r. 21 (consequences of default by receiver), 955.

Order LI. (Sales by Court)

r. 1 (power of Court to order sale), 1108.

r. 1A (mode of carrying out sale, &c.), 1039.

r. 1B (power to make order for sale in debenture-holders' action at any time), 1120.

LIV. (Applications and proceedings at Chambers)

r. 12 (jurisdiction of masters to be same as of a judge at Chambers),

1361.

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LV. (Chambers in the Chancery Division)

r. 2 (business to be disposed of in Chambers), 739, 951.

r. 3 (originating summonses relating to express trusts, &c.), 401, 529.
r. 4 (order for administration of estate of deceased, &c.), 401, 1105.
r. 5A (originating summons for foreclosure, &c.), 728, 926, 1020.
r. 5B (persons to be served with summons for foreclosure, &c.), 728,

1107.

r. 13A (application by summons under Trustee Act, 1893), 1428.
r. 62 (computation of interest on debts bearing interest), 1168, 1173.
r. 63 (allowance of interest on debts not carrying interest), 1167,
1168, 1173.

LVII. (Interpleader)

r. 12 (order for sale of goods seized in execution), 650.

LX. (Officers).

r. 4 (recognizances in Chancery Division), 943, 958.

LXI. (Central Office)—

r. 14 (enrolment of recognizance), 943.

r. 26 (memorandum of satisfaction of bill of sale), 253.
r. 27 (order for memorandum of satisfaction), 253.

LXIV. (Time)

r. 13 (length of notice after delay of one year), 1043. LXV. (Costs)

r. 1 (costs to be in the discretion of the Court), 1176, 1177. LXXI. (Interpretation)

r. 1 (interpretation of terms-" receiver," &c.), 939.

ADDENDA ET CORRIGENDA.

Pp. 38-41. The sections of the Land Transfer Act, 1875, set out in these pages, must now be read in connection with Parts II. and III. of the Land Transfer Act, 1897 (60 & 61 Vict. c. 65), which comes into operation on the 1st January, 1898, so far as relates to such county, or part of a county, as may be prescribed by Order in Council.

P. 123, note (e). Add:-Viscount Hill v. Bullock, (1897) 2 Ch. 55; affirmed W. N. (1897) 80, C. A.

P. 311, note (z). For "52 & 53 Vict. c. 32" read "56 & 57 Vict. c. 53." Pp. 416 et seq. The decisions as to implied authority of executors, &c. to mortgage realty by virtue of charges of debts, or other expressions in a will, and also the provisions of Lord St. Leonards' Act, enabling them to mortgage realty for payment of debts and legacies, appear to be rendered obsolete by virtue of the 2nd section of the Land Transfer Act, 1897, so far as regards cases falling within that Act.

Pp. 441 et seq. As to charges by incumbents of benefices on lands of which they are the registered proprietors, see sect. 12 of the Land Transfer Act, 1897.

P. 463. As to charges by registered proprietors of land in favour of building societies, see sect. 9 (2) of the Land Transfer Act, 1897.

P. 549, note (v). The decision in Re Runney and Smith has been affirmed; see W. N. (1897) 66, C. A.; but the decision appears to have turned entirely on the construction of the deed, and not to have determined the validity of the transfer.

Pp. 627 et seq. By virtue of Part I. of the Land Transfer Act, 1897 (60 & 61 Vict. c. 65), ss. 1—5, real estate of a person dying on or after the 1st January, 1898, will devolve to and become vested in his personal representatives for purposes of administration as if it were a chattel real, but so that, after the expiration of one year from the death, the person entitled to the beneficial interest in the estate may require the representatives to convey the land to him.

Pp. 740 et seq. As to the bar of the right of redemption of a registered proprietor of land as against the proprietor of a registered charge thereon, see sect. 12 of the Land Transfer Act, 1897; see also sect. 95 of the Land Transfer Act, 1875.

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