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COURT OF APPEAL. See Judicature Act, 1881, and Master of the Rolls, infra.

COVENANT.-§ 7A. The Conveyancing Act, 1881, contains provisions designed to abbreviate the forms of covenant in ordinary use, by enacting that a covenant by A. shall bind A.'s heirs and real estate; that a covenant with A. relating to land of inheritance shall have effect as if it were made with A., his heirs and assigns; &c. § 10. By the same act, the insertion of the usual covenants for title in a conveyance for valuable consideration (whether by a beneficial owner or by a trustee, mortgagee, or representative) is in many cases made unnecessary, as the act provides that where the grantor is in the deed expressed to convey in a certain capacity (namely as "beneficial owner," "trustee," "mortgagee," &c.), then the deed shall be deemed to include the covenants for title, appropriate to that capacity. (See Covenant, §§ 8, 9.) The capacity in which the grantor conveys is expressed in the operative words ("A. B. as beneficial owner hereby grants (or 'conveys') to C. D.," &c.). The appropriate covenants for title are also implied in a mortgage, where the mortgagor is expressed to convey as "beneficial owner," and in a settlement, where the grantor is expressed to convey as "settlor."

As to the provisions of the act relating to the production of title-deeds, see Title Deeds, § 2; see also Apportionment; Convey, in these addenda.

DAY.-S 3A. See Clarke v. Bradlaugh, 7 Q. B. D. 751.

DEBENTURE. See British India, &c. Co. v. Comm. Inland Revenue, 7 Q. B. D. 165.

DE CONTUMACE CAPIENDO. See Dale's Case, 6 Q. B. D. 376.

DEDICATION.-§ 1A. See Vernon v. St. James, 16 Ch. D. 449.

DESCENT. § 8A. By the Conveyancing Act, 1881, s. 30, these provisions are repealed as to persons dying after the 31st December, 1881, and a different provision is made, as to which, see Trustee (§ 3). § 8B. By s. 4 of the same act, where a person dies after the 31st December, 1881, leaving an uncompleted contract for the sale of land enforceable against his heir or devisee, his personal representatives have power to convey the land so as to give effect to the contract.

DISCHARGE.-§ 3A. As to the discharge of encumbrances by payment of the amount secured into Court, see Payment into Court in these addenda. As to the discharge of quit-rents, &c., see Rent, § 8B, in

these addenda.

1 Conveyancing Act, 1881, s. 7, and forms in schedule.

DISCLAIMER.-§ IA. As to the disclaimer of a tenancy, see Vivian

v. Moat, 16 Ch. D. 730.

§ 3A. See Smalley v. Hardinge, 6 Q. B. D. 371.

DISSOLUTION.-§ 2A. See Lyon v. Tweddell, 17 Ch. D. 529.

DISTRICT REGISTRIES. See Judicature Act, 1881, s. 22.

ELECTION PETITIONS. See Judicature Act, 1881, ss. 13, 14.

ENGAGEMENT.-§ 3. See Robinson v. Pickering, 16 Ch. D. 660;
Pike v. Fitzgibbon, 17 Ch. D. 454.

ESTOPPEL.—§ 6. See McKenzie v. British Linen Co., 6 App. Ca. 82.

EVICT is used in the old books where a person in possession of
land under a title derived from A. is turned out of possession by B., who
has a title paramount.' (See Exchange, § 2; Warranty, §§ 6 et seq.)

EVIDENCE (add to § 11).-In some cases evidence given in a
proceeding by a person who is a party to it, is not sufficient unless
corroborated by the evidence of some other person; e. g., in affiliation pro-
ceedings, in actions for breach of promise of marriage, and in orders of
removal under stat. 39 & 40 Vict. c. 61, s. 34.3 (See also Treason.)


EX POSTFACTO literally means "frow that which happened
subsequently." Thus, a transaction which was originally binding and
effective may become void ex postfacto, that is, by matter subsequent :
see Fraud, § 5; Void, § 3. The term is also applied in a general sense
to denote anything which has a retrospective operation; thus, a statute
applying to acts and events which took place before it was enacted is
sometimes called ex postfacto legislation.


The Conveyancing Act, 1881, repeals
Ss. 11-30 of the stat. 23 & 24 Vict. c. 145, and re-enacts them with
extended provisions. (In § 11, for "23 & 24 Vict. c. 145, s. 27,"
23 & 24 Vict. c. 145, s. 30.")

FISHERY. § 4A. See Corporation of Saltash v. Goodman, 7 Q. B. D.


FOREIGN ATTACHMENT. See Mayor of London v. London
Joint Stock Bank, 6 App. Ca. 393.

1 Co. Litt. 173 b.

2 Best on Evidence, 773.

3 Reg. v. Abergavenny, 6 Q. B. D. 31.
4.66 Nunquam crescit ex postfacto pre-

teriti delicti æstimatio." Digest, L. xvii.
fr. 138, § 1. The ordinary way of spelling
the phrase in three words-ex post facto-
is, of course, incorrect.

FORFEITURE.-§ 3A. These provisions have been repealed by the Conveyancing Act, 1881, which enacts (s. 14), that a forfeiture for a breach of any covenant or condition in a lease shall not be enforceable, by action or otherwise, unless and until the lessor serves on the lessee a notice specifying the breach complained of and requiring him to remedy or make compensation for the same, and the lessee fails to comply with the notice within a reasonable time. Where a lessor proceeds to enforce a forfeiture the lessee may apply to the Court for relief, and the Court may grant or refuse relief as it thinks fit. This provision does not affect the law relating to forfeiture for non-payment of rent (see Forfeiture, § 3), and it does not extend to certain covenants and conditions (e.g., those against assigning, underletting, &c., or providing for forfeiture on the lessee's. bankruptcy and the like), but, with these exceptions, it applies, notwithstanding any stipulation by the parties to the contrary.

FRAUD.-§ 17A. An agreement in fraud of third persons, or one which is a fraud on a statute, or on the public, is void ab initio, and not merely voidable. (See Void; Voidable.)

FUGITIVE'S GOODS.-Under the old law, where a man fled for felony and escaped, his own goods were not forfeited as bona fugitivorum until it was found by proceedings of record (e.g., before the coroner, in case of death) that he fled for the felony. (See Waif.)

FUGITIVE OFFENDERS.-A fugitive offender is a person who, being accused of committing a crime in one part of her Majesty's dominions, has left that part and gone to another. The Fugitive Offenders Act, 1881, contains provisions for the apprehension and return of such persons. (See above, Backing a Warrant.)

GENERAL WORDS.-By the Conveyancing Act, 1881 (s. 6), it is unnecessary to insert, in any conveyance of lands, buildings, or manors executed after the 31st December, 1881, the "general words" usually contained in such conveyances, as the act declares that they shall be deemed to be included in the conveyance.

GRANT.-S 2A. The Conveyancing Act, 1881 (s. 49), declares that the use of the word "grant" is not necessary in order to convey tenements or hereditaments, corporeal or incorporeal, in conveyances made before or after the commencement of the act. As mentioned in § 2 of the title Grant, the word was not necessary even before this enactment. The operative word used in the statutory forms given in the act is "convey" (see Convey; Covenant, in these addenda).

HEIR.-§ 9A. The word "heirs" is not now necessary for the limitation of an estate in fee simple, nor "heirs of the body" for that of an estate tail. (See Words of Limitation.)

1 Leake on Contracts, 766.

2 Foxley's Case, 5 Rep. 109a.

HIGH COURT OF JUSTICE. See Judicature Act, 1881.

HUNDRED.-§ 2A. See Drake v. Footill, 7 Q. B. D. 201.

IN REM. § 5A. See The City of Mecca, 6 P. D. 106.

INFANT.-S IA. By the Conveyancing Act, 1881, s. 41, where an infant is entitled to land in his own right in fee simple or for any leasehold interest at a rent, the land is to be deemed to be a settled estate within the Settled Estates Act, 1877. (See Settled Estates.) § IB. By sect. 42 of the same act, where land is held in trust for an infant under an instrument coming into operation after the 31st December, 1881, the trustees may enter into possession of it, cut timber, erect, pull down, rebuild and repair houses, continue the working of mines and quarries, and generally deal with the land in a proper course of management, apply the income, or part of it, for the infant's maintenance and invest the surplus for his benefit.

See Maintenance in these addenda.

INHABITED HOUSE DUTY. See Chapman v. Royal Bank of Scotland, 7 Q. B. D. 136, and title Lodger.

INTEREST.-§§ 14A, 15A. See In re Emmet's Estate, 17 Ch. D. 142; Ex parte Furber, ibid. 191.

JOINT.—§ 1A. As to a conveyance by a man to himself and another jointly, see Use, § 15A, in these addenda.

JOINT ACCOUNT.-The rule that where two or more persons advance money and take the security to themselves jointly, each is in equity deemed to be separately entitled to his proportion of the money, so that on his death it passes to his personal representatives and not to his surviving co-lenders, made it usual, in cases where money was advanced by trustees, to insert in the mortgage deed or other instrument of security a declaration that the money belonged to the lenders on a joint account in equity as well as at law, and that the receipt of the survivors or survivor, or his personal representatives, should be a full discharge for any moneys due on the security. By the Conveyancing Act, 1881 (s. 61), it is now sufficient to say that the money is advanced by the lenders out of money belonging to them on a joint account, without more, while in cases where the security is made to two or more persons jointly and not in shares, it is (it seems) unnecessary to say even that. The section is, however, somewhat involved and consequently obscure.

JURISPRUDENCE.-I. § 1. In the proper sense of the word jurisprudence is the science of law, namely, that science which has for its function to ascertain the principles on which legal rules are based, so as not only to classify those rules in their proper order and show the

relation in which they stand to one another, but also to settle the manner in which new or doubtful cases should be brought under the appropriate rules. Jurisprudence is more a formal than a material science; it has no direct concern with questions of moral or political policy, for they fall under the province of ethics and legislation, but when a new or doubtful case arises to which two different rules seem, when taken literally, to be equally applicable, it may be, and often is, the function of jurisprudence to consider the ultimate effect which would be produced if each rule were applied to an indefinite number of similar cases, and to choose that rule which, when so applied, will produce the greatest advantage to the community.

§ 2. Jurisprudence is mainly based on comparative law, that is, on the comparative study of the legal institutions of various countries, because such a study makes it more easy to separate the essential elements of the science from its historical accidents.1

II. § 3. "Jurisprudence" is also used, incorrectly, as synonymous with "law." "The imposing quadrisyllable is constantly introduced into a phrase, solely on grounds of euphony. Thus we have books upon ‘Equity Jurisprudence' which are nothing more nor less than treatises upon the law administered by Courts of Equity; and we hear of the Jurisprudence of France or Russia, when nothing else is meant than the law which is in force in those countries respectively."2

LEGACY DUTY.-The rates of legacy duty are as follows:-Where the legacy or residue, or share of residue, is given to or devolves on a child of the deceased, or any descendant of a child of the deceased, or the father or mother or any lineal ancestor of the deceased, the duty is one per cent.; if a brother or sister of the deceased, or a descendant of a brother or sister, three per cent.; if a brother or sister of the father or mother of the deceased, or a descendant of such brother or sister, five per cent.; if a brother or sister of the grandfather or grandmother, or a descendant of such brother or sister, six per cent.; in any other case the duty is ten per cent.3

Legacy duty is not payable (i) on any legacy or share of residue coming to the husband or wife of the deceased; (ii) on legacies of books, pictures, &c., given to scientific bodies and schools, &c.; (iii) where the whole personal estate of a person dying after the 24th March, 1880, does not amount to the sum of 100l.; (iv) where probate duty has been paid on the estate, not exceeding 300l., of a person dying on or after the 1st June, 1881, under the Customs and Inland Revenue Act, 1881;7 (v) on any legacy or share of residue coming to a child or other descendant of the deceased where probate duty has been paid under the Customs and Inland Revenue Act, 1881.8

See Probate Duty in these addenda.

1 See Holland's Jurisp. 7; Austin's Jurisp.; Markby's Elements of Law, passim.

2 Holland, 4, where Austin's division of jurisprudence into "general" and "particular" is shown to be untenable.

3 Stat. 55 Geo. 3, c. 184, Schedule.
4 Ibid.

5 Stat. 39 Geo. 3, c. 73, s. I.

6 Stat. 43 Vict. c. 14, s. 13.

7 Sect. 36.

8 Sect. 41.

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