May the lord of a manor erect a house on the waste lands of the manor, without the consent of the tenants? If the house be built, there will be sufficient pasture left for the te nants' cattle. H. C. Law of Property and Conveyancing. PERSONAL PROPERTY.--DESCENT. A. B. by will bequeathed all his personal property to his executors, in trust to invest so much thereof upon government security, as would produce his wife the annual sum of 4007. After her decease, he directs his executors to invest the sum of 2000, part of the principal money invested for the payment of his wife's annuity, in the funds, in their names, and to apply the dividends arising therefrom to the use of his (the testator's) daughter, for her two years. How is this surplus to be disposed BILL OF SALE.-EXECUTION. Can A., to whom a warrant of attorney and bill of sale have been given, to secure a debt due to him by B., take possession of property removed into the custody of C., after the bill of sale became absolute, and the property was vested in A.? or can he issue execution against subject to an action of trespass? or must he, it under his warrant of attorney, without being upon C. refusing to deliver the same over to him, bring an action of trover for the recovery of the goods so detained? ANTONINUS. MISCELLANEA. AT DUBLIN. Cum ita semper me amares, For I believe but short my time is. Pray thee leave off thy drinking brandy. life; and after her decease, he gives the same LAST WILL AND TESTAMENT OF A STUDENT 20007. to each of her children (on their attaining twenty-one years), for their own absolute use and benefit. Immediately subsequent to this clause, is as follows: "But in case my said daughter should depart this life in the lifetime of her mother, leaving issue, then upon trust to pay such principal money as she would have been entitled to at her mother's death, unto and amongst all and every my daughter's children." In another part of his will, the testator gives all the residue of his property, after his wife's death, to his daughter, "for her own absolute use and benefit." The wife of the testator is still living; but his daughter lately died, leaving a husband and four children her surviving. To whom will the residue of the property descend, at the death of the testator's wife? Will the husband be entitled to it, as the survivor, on taking out letters of administration to his wife? or will the children of the testator's daughter be entitled to the residue, as well as the sum of 2000., specifically mentioned? H. B. A. MORTGAGE.-SURPLUS. "Tis all for that; O sick! O sick! My breeches take; but there's no money. If such foul rags to wear you'll venture. But they are sometimes princes' fellows. If I had lived, I ne'er had used them. But send her up, Jack, if you meet her. MINGAY. Mingay never exhibited any marks of wit A. B. has a mortgage on a small freehold or propensity to humour; but he furnished estate by way of conveyance, in trust for sale. Erskine with opportunities without end for the The mortgagor is lately dead, leaving a will, exercise of his fantastical and lively imaginawhereby he has devised the estate to his son tion. In an action against a stable-keeper for for life, with remainder to his first and other not taking proper care of a horse, which had sons in tail general, with remainders over. It been put to stand at livery with him, and his has been necessary to exercise the power of value much diminished, in consequence of the sale; and after retaining the principal, inter- bad treatment he had received, which was est, and costs, there will remain a small sur-stated to have proceeded from his not furnishplus. How is this surplus to be disposed of by A. B., so that he may obtain a safe discharge for the same? There is also another case, with this difference, that the heir at law of the mortgagor, who died intestate, is an infant of the age of ing proper provender.-"The horse," said Mingay, who led for the plaintiff, "was turned into a stable, with nothing to eat but musty hay in the rack. To such feeding the horse demurred."-" He should have gone to the country,” said Erskine.—Fraser's Magazine. CHANGES IN THE LAW DURING | person lawfully qualified to practise medi- No. V, THE ANATOMY ACT, 2 & 3 w. 4. c. 75. WITH the exception of the Reform Acts, there was scarcely any measure which created more discussion and interest in the last session of Parliament than the Anatomy Act. Although we have always thought, and still retain the opinion, that it might have gone further with advantage, yet we consider that the present statute may be productive of considerable benefit. The act alludes, in recital, to the horrible crimes of Burke and Bishop, which, no doubt, were the chief causes of the success of the measure. " Whereas," it recites, a knowledge of the causes and nature of sundry diseases which affect the body, and of the best methods of treating such diseases, cannot be acquired without the aid of anatomical examination;"-" And whereas, in order to supply human bodies for such anatomical examination, divers great and grievous crimes have been committed, and lately murder, for the single object of selling for such purposes the bodies of persons so murdered," It is enacted, that the Secretary for the State of the Home Department in England, and the Chief Secretary in Ireland, may grant licences to practise anatomy to any fellow or member of any college of physicians or surgeons, or to any graduate or licentiate in medicine, or to any NO. CIX. cine, or to any medical professor, or to any student attending any school of anatomy, on application by the party, countersigned by two magistrates of the county or borough where the party resides. (§ 1.) The Secretary of State is also to appoint inspectors what district they shall attend (§ 3). These of schools of anatomy (§ 2); and to direct in inspectors are to make returns of all subjects, known,) which have been removed for ana(giving their age, name and sex, when tomical examination to any place in their rcspective districts (§ 4); and also to visit every place where it is intended to practise anatomy (5); notice of which intention must be given to the Secretary of State (§ 12); they are to have for their trouble £100 a year. By this part of the act, therefore, provision is made for the establishment and regu lation of proper schools for the practice of anatomy, which, if thus licensed, are allowed to exist, whilst before the act they were rather permitted to do so by sufferance than by right; as the preventing the interring of a body has been considered an indictable offence. The act then goes on to provide this object, it is enacted, that it shall be for the proper supply of bodies. To obtain having lawful possession of the body of any any executor or other party, deceased person, and not being an undertaker or other party intrusted with the body for lawful for " a Rex v. Young and others, cit. Rex v. Lynn, 2 T. R. 734. E Changes in the Law, No. V.-Dissertations on Conveyancing, No. VI. the purpose only of interment, to permit the body of such deceased person to undergo anatomical examination; unless, to the knowledge of such executor or other party, such person shall have expressed his desire, either in writing at any time during his life, or verbally in the presence of two or more witnesses during the illness whereof he died, that his body after death might not undergo such examination, or unless the surviving husband or wife, or any known relative of the deceased person, shall require the body to be interred without such examination," (§ 7). Under this section, it is obvious that all persons who die in workhouses or poor houses, or elsewhere, and are without known relatives, may be handed over by the parish officers for anatomical examination. It is also clear, that if a person is particularly anxious not to be so examined, he should express such wish in writing, by his will; or otherwise, as if he die suddenly, he will be liable to undergo the examination.b Provision is next made for the express direction by a person that his body shall be examined anatomically; in which case, if he make such direction in writing, or in the presence of two or more witnesses, during the illness whereof he died, or shall nominate any party authorized by the act to examine bodies anatomically, to make such examination, and such direction shall be made known before the burial to the party having lawful possession of the dead body, then such last-mentioned party shall direct such examination to be made, unless the deceased person's surviving husband or wife, or nearest known relatives, shall require the body to be interred without such examination (§ 8). The body, however, is not to be removed for such examination from the place where such person shall have died, until after forty-eight hours after his decease, and twenty-four hours notice to the inspector of the district; nor unless a certificate, stating in what manner such person came by his death, shall have been signed by the medical man who attended such person, or who shall be called in after the death of such person. (§ 9.) It will still, therefore, be impossible for a person to leave his body for dissection, if his relations object to such examination. The act then provides that professors of anatomy, surgeons, and other medical men, having received licences under the act, may receive bodies for anatomical purposes, if b See the proper clauses to be inserted in ille, L. O, 223. permitted to do so by the persons lawfully possessed of the body (§ 10); but that all such medical men are to demand and receive with the body the certificate required by the act, which they are to transmit to the inspector, and also a return of the place of death, age, sex, &c., if known, of the subject. Every body so removed is, before removal, to be placed in a decent coffin, and the party removing the same is to make provision that, after examination, it is to be decently interred in consecrated ground, or public bu rial ground; and a certificate of the interment is to be transmitted to the inspector within six weeks after the receipt of the body. (§ 13.) By § 14, persons having obtained licences under this act, are not to be liable to punishment in having human bodies in their posession; thus altering the former law in this respect, it being before the passing of this act a misdemeanor. By § 15, nothing contained in this act is to prohibit post mortem examinations. One great cause of the odium attaching on dissection was, that it constituted part of the punishment for murder. To remove this cause of prejudice, so much of the 9 Geo. 4. c. 31. as directs that the bodies of murderers may be dissected, is repealed, and their bodies are directed henceforth to be hung in chains, or buried within the precincts of the prison in which they were confined before his conviction, as the Judge may direct. By § 17 it is provided, that every action or suit which shall be commenced against any person for any thing done in pursuance of this act, shall be commenced within six calendar months next after the cause of action accrued; and the defendant in every such action or suit may either plead the matter specially or the general issue, and give the special matter in evidence. All persons offending against the act shall be guilty of a misdemeanor, and be imprisoned for three months, or by a fine of £50, at the discretion of the court (§ 18). It is to be observed, that the act is now in force, having come into operation on the first day of August last. (§ 20.) DISSERTATIONS ON CONVEYANCING. No. VI. ON THE PRESUMPTION OF SURVIVORSHIP. WHERE two persons connected with one another perish in the same event, and it is Dissertations on Conveyancing, No. VI. 39 unknown which died first, a doubt of con- had appointed his wife executrix and residerable importance often arises with res-siduary legatee; but his wife was drownpect to their heirship and representation. ed at the same time. There was a good This circumstance is provided for by the deal of evidence to shew that the husband Code Napoleon, in a great measure follow- had survived the wife; and Sir John Níing the Roman law, as follows :-‘ -"the pre- choll held, first, that it was incumbent in sumption of survivorship is to be determined such a case on the next of kin of the wife, by the circumstances of the case; and for to prove her survivorship, as the burthen want of these, by the circumstances of age of proof was laid on her; that supposing and sex. If all the persons shall be under them to be in the same situation at the the age of fifteen years, the eldest shall be time of death, the ordinary presumption presumed to have survived: if all of them was that the husband had more strength shall be above the age of sixty years, the and more fortitude than the wife, which youngest shall be presumed to have sur- would raise the inference that he had survived: if some of them shall be under the vived; but that the evidence being conage of fifteen years, and others above the flicting, they must be taken to have died age of sixty years, the former shall be together; and administration was therefore presumed to have survived the latter: if all granted to the representatives of the husof them shall be above the age of fifteen band. In this case, therefore, the doctrine years and under the age of sixty years, the of presumption arising from the age and males shall be presumed to have survived, sex of the parties is indirectly admitted by in case the ages are equal, or the differ- the Ecclesiastical Courts. ence in them does not exceed one year. In the case of Mason v. Mason, e the If they are all of the same sex, that pre-point again came before the Court of Chansumption of survivorship which regulates cery. A father and son having been shipthe succession in the order of nature shall wrecked together on a voyage from India, be admitted; the younger therefore in that and all on board having perished, the case shall be presumed to have survived the question of the presumption of survivorship elder." Code. Napoleon, art. 720-722. was argued at length by Sir Charles Wetherall for the admission of the doctrine, and Sir Samuel Romilly and Mr. Cooke In the present This point has come several times before the Courts in this country, and it has been left for them to decide, there being no le-against it. Sir William Grant, M. R. gislative provision on the subject. It first arose, we believe, in the case of General Stanwix, in which the General and his daughter, an only child, had sailed in the same vessel from Ireland; the vessel was cast away and not a single person saved, and there was no evidence whether the General or his daughter was the longer liver. The personal representatives of the two were different, and they brought their respective claims before the Court of Chancery. The cause was heard, and the arguments on each side were so ingenious that a compromise was recommended, to which the several claimants agreed. Mr. Fearne composed an argument for each of the two claimants. The point next came before the Court in Wright v. Netherwood, otherwise Wright v. Sarmuda, a note of which is given in Evans's notes to Salkeld, and also in 2 Phillim. 267, in which however the question was not fully met. The leading case on the point, is Taylor and others v. Diplock,d in which a husband said that there were many instances in Mr. Selwyn and his wife, while on a voyage from Liverpool to Bangor, perished at sea on his will he directed that his wife, if living at the 18th of August. They left no issue. By e 1 Mer. 308. 40 Practical Points of General Interest, No. XXXIV. his decense, should have all his property, and be sole exccutrix, and in the event of her dying in his life-time, then the will appointed three executors and trustees. No proof could be obtained as to the exact time at which either of the parties died. Their bodies were found floating near the shore some few days after the wreck. Addums, for the substituted executor, prayed probate. ground of defence relied on, was as follows: the defendants stopped payment shortly before their acceptances became due; and, at their request, the plaintiff, on the 9th of March, 1829, attended a meeting of the defendant's creditors, at the office of Mr. Parnther, the defendant's attorney, when it was resolved that their property should be assigned to trustees, and be by them disposed of in the same way as if a commission of bankrupt had been issued against them; and that the creditors should execute a composition deed. The plaintiff was put down as a creditor for 10007., and some days after signed the resolutions which had been come to, as above, and had been executed by many other creditors. They were signed by two more creditors after the plaintiff'; but not by the defendants. On the 19th of May, the defendants requested the plaintiff to sign their composition deed, and stated, that upon doing so he would receive a dividend of five shillings in the pound. The trustees under the deed, however, refused to allow a dividend to the plaintiff on a greater sum than 7827, alleging that the plaintiff had received from Loft 218/., on account of the bills of exchange, before the 9th of March, the day when the plaintiff proved his debt against the defendants, upon the creditors coming to resolutions as above. The plaintiff asserted that he had not received the 2187. till after the 9th of March, in which case he was by law entitled to a dividend on the full 10007., and refused to accept a dividend on less, or to sign the composition deed, unless on those terms. On the 11th of August, 1829, he wrote to require di Per Curiam.-This case arises out of the unfortunate accident of the Rothsay Castle. Instances have occurred where, under similar circumstances, the question has been, which of two persons survived; but in the absence of clear evidence it has generally been taken that both died in the same moment. In the case of Taylor v. Diplock, 2 Phill. 271, which was elaborately argued, both on authorities and presumption, the Court held that as the parties must be taken to have died at the same instant, nothing vested in the wife, and granted administration to the next of kin of the husband. Here the wife and her representatives would have no interest in the effects under the words "in case she should be living at his death." The only difficulty arises from the other clause, providing that the substitution of the executors and the devise over shall take effect in the event of her "dying in his life-time." Without going into the general presumption that the husband was the stronger and therefore survived, the intention is so clear, that whatever might be the strict construction of the words in other Courts, I shall decree probate to the substituted executors in common form, the next of kin making no op-vidends on the whole, and to threaten an action position to the grant, and having it in their power, if they should hereafter see fit, to call in the probate and contest the point-Rule granted. In re Selwyn, 3 Hag. 748. against the defendants; when their attorney, Mr. Parnther, answered him on the 12th as follows: "In answer to your letter of yesterday, asking whether you are to be paid dividends on the 1000., and stating that, if not, you will take out a writ against Messrs. Woolner without delay, I am compelled to say, that you never can be admitted a creditor for a sum not PRACTICAL POINTS OF GENERAL due to you; you must deduct from the 10007, the INTEREST. No. XXXIV. HOW FAR COMPOSITION ARTICLES ARE BINDING. If a creditor signs articles of composition with his debtor, but the trustee of the debtor afterwards refuse to allow him to prove his debt, he will, notwithstanding that he has signed, be remitted to his former rights. This is established by the following case: The plaintiff sued on two bills of exchange for 5007. each, drawn by George Loft, the 24th of October, and 27th November, 1828, on the defendants, by them accepted, payable four months after date, and by Loft indorsed to the plaintiff. At the trial before Tindal, C. J. London sittings after Michaelmas Term, the 2187. received by you in part payment prior to their failure." Shortly afterwards, the plaintiff commenced this action. The defendants' composition deed, by which they covenanted to carry on their business for the benefit of their creditors, and which contained a clause rendering it void if not signed before a given time by all creditors within 3007. of the total amount of debts due, was never signed by the plaintiff or the defendants. A verdict was found for the plaintiff, with leave for the defendants to move to set it aside, on the ground that the plaintiff, by having signed the resolutions of March, 1829, was estopped from bringing this action. The judgment of Tindal, C. J., was as follows:-The signature of the resolutions, and the circumstances which followed, do not amount to a bar of the plaintiff's claim in this action. The defendants contend, that a party who concurs in resolutions for a distribution of the property of his debtor, brings himself within the operation of a subsequent deed, by |