Mad. 28). And there is no difference between a de- performance, although the bill is dismissed, yet the posit at the purchaser's own banker's, and a deposit at Court may compel him to repay the deposit. (Per Sir the Bank of England, or a conversion of the money E. Sugden, C., in Butler v. The Earl of Portarlington, into stock, as the one party has no more right to make 1 Dru. & W. 65). But whether the order dismissing the other consent to have the fund laid out in stock the bill shall be accompanied by an order for the return than in a private bank. (Roberts v. Massey, 13 Ves. of the deposit or not must depend upon circumstances. 562). It is no uncommon thing for the Court to dismiss a As a general rule, a vendor is not liable for interest bill, intending thereby to leave parties to their legal on the deposit where it has been paid to him, at least if remedies, and upon the express ground that they are the contract proceed. (Sugd. V. & P. 809, 11th ed.; entitled to what the law will give them, though not Conc. View. 498). When, however, a vendor holds entitled to the extraordinary assistance of a Court of out a representation that he can make a good title, on equity. In such a case an order for the return of the the faith of which a purchaser has been induced to pay deposit would be inconsistent with the principle of the the deposit, and the vendor fails to make good his re- decree. When, therefore, a vendor's bill is dismissed, presentation, justice would not be done to the intended on the ground of his laches in instituting the suit, and purchaser unless he is allowed interest on his deposit. without any decision on the question of title, the Court (Lord Anson v. Hodges, 5 Sim. 228). It will be re- will not order the deposit to be returned to the purcollected that Courts of equity allow no higher rate of chaser, but will leave both parties to their legal remedies. interest than 47. per cent., though the rule is different (Southcomb v. The Bishop of Exeter, 6 Hare, 225). And as to sums of money recovered in courts of law. (Gaby if a bill for specific performance of a contract by a purv. Driver, 2 Y. & J. 554; Mildmay v. Methuen, 3 Drew. chaser is dismissed, the Court cannot order the deposit 92; 3 & 4 Will. 4, c. 42, s. 28). A purchaser, how-to be returned, as that would in effect be decreeing reever, never pays interest on his deposit, not even where lief. (Bennet College v. Carey, 3 Bro. C. C., by Belt, he has rendered a suit necessary by refusing to perform 390). Sir J. L. Knight Bruce, V. C., however, has the contract, on the ground of an objection to the title declined, in such a case, to give a defendant his costs, which could not be supported. (Bridges v. Robinson, except upon the terms of his returning the deposit. 3 Mer. 694). (Gee v. Pearse, 2 De G. & S. 325). Neither has the Court jurisdiction to grant an application that the deposit may be set off against the costs, and that the surplus may be returned to the purchaser, though after the bill has been dismissed there arises the legal right to recover the deposit. (Williams v. Edwards, 2 Sim. 78). If, however, a person contracts to purchase an estate, and pays the required deposit, and afterwards, from any defect of title or other cause, not the fault of the purchaser, the contract cannot be completed, the intended purchaser will be entitled to file a bill to esta blish a lien upon the estate for the amount of his deposit. (Wythes v. Lee, 3 Drew. 396; 25 L. J., Ch., 177). (To be continued). Review. J. P. P. A Compendium of the Law of Real and Personal Pro perty connected with Conveyancing; for the Use of Students and Practitioners. By JOSIAH W. SMITH, B. C. L., of Lincoln's-inn, Barrister at Law, Editor of "Mitford's Chancery Pleadings" and "Fearne's Contingent Remainders," and Author of "A Treatise on Executory Interests." 8vo., pp. 1089. A purchaser has no right to say that he will put an end to the agreement by forfeiting his deposit. (Per Lord Eldon in Crutchley v. Jerningham, 2 Mer. 506). On the other hand, a Court of equity will relieve against the forfeiture of the deposit, upon putting the other party in the same situation as if the contract had been performed at the time agreed. (Moss v. Matthews, 4 Ves. 279). So, where a bankrupt had bought some freehold property by auction, and had paid a deposit of 201. per cent. on the amount of the purchase money, but in consequence of some dispute about the title the purchase was not completed before the bankruptcy, upon a petition by the vendor that the assignee might be ordered to deliver up the agreement, and that the vendor might retain the deposit money, a special order was made giving the assignee a fortnight to elect whether he would fulfil or abandon the agreement, without prejudice to his right to a return of the deposit. (Ex parte Bridger, 1 Deac. 581). A vendor now, however, almost invariably, by his conditions of sale, provides, that in the event of the purchaser failing to comply with the conditions, his deposit shall be forfeited, and that the amount of the costs of a resale, and any deficiency in price, as well as all incidental expenses, shall be recoverable as liquidated damages. In the absence of any specific provision, the question whether the deposit is forfeited depends on the intent of the parties to be collected from the whole instrument. (Palmer v. Temple, 9 Ad. & El. 520). The absence, however, of the stipulation does not preclude the vendor from suing "It is intended as a text-book of a general, but not for damages when a purchaser refuses to complete. of a merely elementary character, for the use of stu(Icely v. Grew, 6 Nev. & M. 469). But if goods are dents, and as a help to practitioners upon the points resold by auction, subject to a condition that if the most needful to be borne in mind in ordinary practice. purchase money be not paid on the following day they "The endeavour of the writer has been to embody, may be resold, and the loss recovered from the bidder ' under a concise and perspicuous arrangement, in acmaking default, and the right of resale is accordingly curate terms, and in the smallest possible compass conexercised, the deficiency cannot be recovered in an ac-sistently with clearness, such points in the law of real tion, as the effect of the reservation of the power of re- ' and personal property connected with conveyancing as are necessary or the most expedient to be generally 'known and constantly borne in mind, as distinguished 'from those points which may be safely and with comparative convenience left for investigation when the occasion arises. sale is to make the original sale conditional, and not absolute. (Lamond v. Davall, 9 Q. B. 1030; 16 L. J., Q. B., 136). It would seem, too, though the point has never been judicially decided, that when a person contracts for the purchase of landed property, and refuses to complete his contract, he cannot, on his afterwards selling the property to another, recover the deposit from the vendor. (9 Ad. & El. 519). In the case of a vendor filing a bill for specific [Stevens & Norton.] THE following extract from the Preface to the book will give a more just idea of its nature and merits than is usually to be obtained from such a source: "It is extremely difficult, indeed impossible, to draw the exact line in this respect; but such has been the 'principle of selection, although perhaps he may have inserted some matter that he might have properly ' omitted, and omitted some that he ought to have inserted. 'less than freehold. 7. Of estates or interests in se'veralty and in community. 8. Of legal and equitable 'interests. 9. Of interests clothed with the owner'ship, and interests collateral to the ownership. 10. "Of absolute and defeasible interests, and particularly of interests by way of security. "Part III. Of the title to things constituting the "Upon this principle he has, on the one hand, ex'cluded all antiquarian and theoretical, and indeed 'every other kind of disquisition-a mass of obsolete 'law-a variety of unsettled questions-all detailed 'abstracts of cases, and an immense number of points and cases which he did not consider as of general ap-subjects of conveyancing.-Title 1. Of descent, suc'plication, or necessary to be retained in the mind if it Iwere possible to remember them; while, on the other hand, he has been especially anxious to insert those 'points which affect drafting, as being the points of all others the least capable of being safely left for 'investigation pro ne ratâ ; such, for instance, as cases ' of construction of common and not unfrequent occur'rence. And hence many points have been inserted, not for the purpose of enabling the practitioner to form an opinion without further research, but chiefly 'for the purpose of putting him on his guard when engaged in preparing deeds and wills, so as to save him from mistake, into which he might otherwise fall, or 'from giving rise to doubts and questions." < cession, and administration. 2. Of escheat. 3. Of occupancy. 4. Of alluviam and dereliction. 5. Of prescription. 6. Of title by adverse possession, and the operation of the Statutes of Limitation. 7. Of forfeitures. 8. Of bankruptcy under the new law. 9. Of insolvency. 10. Of alienation generally. 11. "Of alienation by mere written agreement. 12. Of alienation by deed. 13. Of alienation by matter of ' record. 14. Of alienation of copyholds by voluntary grant and admittance, by surrender and admittance, by bargain and sale and admittance, or by recovery. 15. Of title by will. "Part IV. Of certain persons and miscellaneous 'heads of law connected with conveyancing.-Title 1. Of certain persons connected with conveyancing. 2. Of some miscellaneous heads of law connected with conveyancing." Granting to Mr. Smith what was probably essential to the practicability of his design-exemption from the duty of original investigation and criticism—we must say that he has performed the task of selecting and arranging with discretion and ability, though, as we said above, it is to be regretted that he has not laid a greater variety of text-books under contribution, and that he bestowed so little care on the modern statutes. The book, if used in the manner recommended by the editor, as a refresher to the memory, and a repository of information that is wanted in daily practice, will be found of great value; the only danger is, that its comprehensiveness and apparent completeness may lead the student to suppose that it contains all he requires to know. Mr. Smith further explains, that so far as regards the law anterior to the year 1831 the book is founded al-' most exclusively on certain text-books which are in the hands of most, and should be in the hands of all, members of the Profession, the necessary selections from the subsequent statutes and decisions having been derived, with the aid of text-books, from the author's own researches. Among the text-books from which contributions have been levied we regret not to find either Mr. Jarman's Treatise on Wills (so ably edited by Messrs. Wolstenholme & Vincent) or the valuable writings of Mr. Hayes, which abound with practical criticisms and suggestions. In dealing with the modern statutes Mr. Smith has confined himself to a selection from the enactments, given ipsissimus verbis, leaving the remainder of the statute law to be discovered by the help of Mr. Stamp's index, and the decisions on the whole to be sought in the works of Lord St. Leonards, Mr. Shelford, and Messrs. Welsby & Beavan. We think that the insertion of the enactments without comment is a mistake. Any attempt at an exhaustive gloss or reference to the decisions on the modern statutes would, no doubt, have required more labour than could reasonably be expected from the author of a work which professes to be no more than a compilation; but some reference to the leading cases which have settled various important points of construction, by which even eminent judges have been perplexed, seems to be necessary for the reader's guidance, and the performance of this task might have saved Mr. Smith from one or two little oversights. Thus, if he had expounded, instead of merely citing, the provisions of stat. 1 & 2 Vict. c. 116, respecting judgments, he would have qualified his citation from Cruise, (p. 357), that "the issue in tail is not subject to any of the Friday debts or incumbrances of his ancestor," by excepting judgment debts, which, though they do not charge the heir in tail for the estate tail as assets, are a charge and incumbrance on the estate in his hands. The materials collected from these sources are arranged under the following heads: "Part I. Of the several kinds of things constituting the subjects of conveyancing.-Title 1. Of things 'real and personal. 2. Of things corporeal and in'corporeal. “Part II. Of the several kinds of interests in things 'constituting the subjects of conveyancing.-Title 1. 'Of conditions and limitations on which interests de'pend, or by which they may be affected. 2. Of free'hold as distinguished from copyhold interests. 3. Of 'copyhold interests. 4. Of interests of freehold dura'tion, and first of freeholds of inheritance. 5. Of freeholds not of inheritance. 6. Of estates or interests Court Papers. COMMON-LAW SITTINGS, IN AND AFTER 1st sitting.. Wedn., April 16 .... LONDON. 1st sitting, Tuesday, April 22 2nd sitting, Tuesday .... 29 May 12 The Court will sit at ten o'clock every day. The causes in the list for each of the above sitting days in term, if not disposed of on those days, will be tried by adjournment on the days following each of such sitting days. Friday.. Friday May 9 | Monday .......... May 12 The Court will sit during and after term at ten o'clock. The causes in the list for each of the above sitting days in term, if not disposed of on those days, will be tried by adjournment on the days following each of such sitting days. LONDON. 1st sitting, Tuesday, April 22 2nd sitting, Tuesday After Term. May 9 Monday. .... ..... 29 May 12 The Court will sit during and after term at ten o'clock. The Court will sit in Middlesex, at Nisi Prius, in term, by adjournment from day to day, until the causes entered for the respective Middlesex Sittings are disposed of. In each of the London Sittings during term there will be two days for the trial of causes. Court of Queen's Bench. Thursday 17 REMAINING UNDETERMINED AT THE END OF THE SIT Friday.. 18 TINGS AFTER HILARY TERM, 1856. Saturday 19 FOR ARGUMENT. Lond.-Ward v. Law Property Monday Tuesday Assurance & Trust Wednesday. 23 Special Paper. Thursday 24 Lond.-Powles v. Hider Manchest.-Cashill v. Wright Friday.. 25 Tried during Term. Lond.-Nicholson v. Harrison Saturday 26 Crown Cases. Monday. 28 Special Paper. (To come on for argument waite with Powles v. Hider). Tuesday.. 29 Wednesday 30 Special Paper. Thursday.. May 1 SPECIAL CASES AND DEMURRERS Friday 2 FOR EASTER TERM, 1856. Saturday. 3 Those marked thus * are Special Cases, and thus † Demurrers. Monday 5 Tuesday 6 Wednesday. 7 Thursday 8 Wednesday.. April 16 Middlesex, first Sitting. Tuesday .... 22 London, first Sitting. Thursday 24 Middlesex, second Sitting. Tuesday 29 London, second Sitting. Thursday.. May 1 Middlesex, third Sitting. In the matter of Wm. Oxlade v. North-eastern Railway Co. (Suspend until Master reports). TRIALS. Lond.-Marks v. London, Moved after the 4th Day of Midd.-Howard v. Palmer Aikin v. Short Allen v. Thompson Lond.-Thomas v. Thomas. 1856. STAMP'S COMPREHENSIVE INDEX TO THE STATUTES. AN INDEX to the STATUTE LAW of ENGLAND. ALICE ROGERSON, Clifton, Lancashire, licensed victualler, April 17 and May 2 at 12, Manchester: Off. Ass. Hernaman; Sol. Bullock, Manchester.-Pet. f. March 29. JOHNSON THOMPSON, Bishopwearmouth, Sunderland, joiner, April 11 and May 22 at 1, Newcastle-upon-Tyne : Off. Ass. Baker; Sols. Harle & Co., 20, Southampton. buildings, Chancery-lane, London, and Newcastle-uponTyne, agents for Browne, Newcastle-upon-Tyne.-Pet. f. A PRACTICAL TREATISE on the LAW of ELECTIONS March 17. MEETINGS. Jas. Henry Mackey, St. Helen's-place, merchant, April 11 at 11, London, aud. ac.-Rowland Hill Blacker, Ludgate-st., importer of foreign silk, April 24 at 1, London, div.-Wm. P. Hammond, Scott's-yard, Bush-lane, shipowner, April 23 at 1, London, div.-Robert Turner, Ludgate-hill, London, and Birmingham, draper, April 23 at 1, London, div.-W. 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THE LAW OF ELECTIONS. By of the United Kingdom, and "The CORRUPT PRACTICES A TREATISE on the POWER of the COURTS of COM- OLIPHANT ON THE LAW OF HORSES, GAMING, &c. boards, of Recently published, in 1 vol. 12mo., the Second Edition, price 12s. cloth "The Law of Church Ornaments," &c. A BEST ON EVIDENCE, WITH A SUPPLEMENT TO 1855. TREATISE on the PRINCIPLES of EVIDENCE In royal 8vo.. price 27. 28. boards, vol. 2 of SPENCE on the EQUITABLE JURISDICTION of the George Westbury Hall, Bush-lane and Manchester-build-Act and other Statutes of 1854. To be granted, unless an Appeal be duly entered. PETITION ANNULLED. Jacob Ordoyno, Swan-place, Old Kent-road, hoop bender. MEMBER RETURNED to serve in PARLIAMENT.-Charles Tottenham, Esq., for the borough of New Ross, in the room of Charles Gavan Duffy, Esq., who has accepted the office of steward of her Majesty's Chiltern Hundreds. 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"A mass of matter, cases, arguments, and discussions, thrown together in a work of such bulk, is like a library containing as many different works as this contains cases. ... presenting the authorities on each point in the ipsissima verba of judicial decisions, but connecting, modifying, approving, or condemning them in his own words, which will be deservedly considered of little less weight by the student than the dicta to which they relate. . . . Such is the variety of topics, subdivided into an almost infinite ramification of cases and points, into which the learned author is necessarily led. Few writers, we apprehend, list with the same untiring vigour, till each in its turn was exhausted; could be found sufficiently persevering to pursue every topic in such a few would have the learning, fewer still the resolution."-Law Magazine No. 22. 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THE LIMITED LIABILITY ACT, 1855, and the Acts THE PRACTICE of the COUNTY COURTS; in Eight for the Registration, Incorporation, and Regulation of Jointstock Companies, (7 & 8 Vict. c. 110, and 10 & 11 Vict. c. 78), under which Companies with Limited Liability are to be formed. With an Introduction, Notes, Forms, and Index. By GEORGE SWEET, Esq., of the Inner Temple, Barrister at Law. CONTENTS. I. INTRODUCTION 1. Liability of Ordinary Partners - Sharing Profits-Provisional Committeemen.-2. Joint-stock Companies at the Common Law, by Charter or Letters-patent, and by Private Act-3. The Joint-stock Companies Registration Act-Provisional and Complete Registration-Duties, Liabilities, and Powers of Promoters, Shareholders, and Directors-Contracts, Bills of Exchange, &c.-4. Companies with Limited Liability-Whether Certificate conclusive-Execution against Shareholders-Evasion of Limited Liability-Increase of Capital prohibited-Auditor-Dissolution-Winding-up Acts. Parts:-1. 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