« PreviousContinue »
Commissioners, to insert a chapter on Parish Property, and to the chapter on Notarial Forms very extensive additions have been made, for which the reader is indebted to the kindness of a gentleman thoroughly conversant with the law on thatasubject.
The Editor has thought, that the subject of Stamps and Marriage Settlements would be a valuable addition to the work, and has inserted chapters on those heads. He has also added many additional forms, and made such alterations in the language and arrangement in those previously given as they seemed to require.
In his emendations and additions to the former edition, the Editor has been guided chiefly by the desire to make the work useful to the practitioner in the preparation of those common assurances which occur in the ordinary course of a Solicitor's practice, and for which he may not think it necessary to havé recourse to the aid of those whose sole attention is devoted to the subject of conveyancing; he has therefore not introduced any forms, used only in instruments of a complicated or difficult nature.
The Editor found the task of arranging and correcting the few notes and observations that were scattered over the work so difficult, that, after one or two fruitless attempts, he abandoned it altogether, and finding the labour of composition much more easy and agreeable to himself, and likely to be productive of what would prove more useful to the reader, he has been induced to adopt that course. For almost all the observations, therefore, on the different heads, (those on Purchase Deeds, p. 389, besides several foot notes scattered
throughout the work, and a few others of little importance only excepted,) the Editor must take upon himself the whole responsibility ; but it is due to himself at the same time to state, that though the greater portion of the matter so introduced by him is entirely new, he has anxiously studied to omit nothing that had found its way into the first edition, even though he may sometimes have been under the necessity of giving insertion to that which he felt to be out of place.
The several chapters which have been introduced on subjects not before noticed have in the latter pages of the work been distinguished by an asterisk, but as the propriety of so distinguishing the matter introduced into this edition from that contained in the original work, did not in the first instance occur to the Editor, he thinks it due to the Author to take this opportunity of stating, that, besides many other parts of the present edition which he has not thought it necessary more particularly to notice, his pen is solely responsible for the forms given under the heads of “ Uses,” - Trusts,” and “Powers,” pp. 50—72, for the whole of the Chapters on Answers in Chancery, the Protectorate, Marriage Settlements, Stamps, and Statutory Declarations, (Chapters 9, 31, 35, 36, 37,) the Observations on Perusing Deeds, and other introductory notes, comprising the first 16 pages, the Preliminary Observations on Abstracts of Title, (Chap. 3,) the Observations on Agreements for Purchase-Assignment of Choses in Action-Attorneys? Lien for their Costs— Taxation Professional Communications, (p. 300310,) Observations on Leases, (428,) Mortgages,
(p. 456)-Articles of Partnership_Powers of Attorney -Reconveyances-Releases - Surrenders—Warrants of Attorney-and on Wills. *
In the Chapters on Conditions of Sale, Notices, and Wills, many additional forms have been inserted; a full abstract of the most important statutes which have passed since the publication of the first edition, including the early sections of the act for the abolition of imprisonment for debt, have been added to the chapter on Acts of Parliament.
Should any of the observations or suggestions which have been introduced into the present edition appear to be too simple and obvious, the Editor trusts that a desire to be of use to the Student, to whom few suggestions can be unacceptable on the ground of simplicity, will prove a sufficient apology.
The Editor hails with pleasure the conclusion of his labours, and confidently trusts that, imperfect as the work may still be, the result of them will be to render it more useful and acceptable to the Profession.
EWEN HENRY CAMERON,
August 10, 1840.
* To any of his Readers to whom this enumeration may appear un. necessary or out of place, the Editor would observe, that it is made in accordance with what he understands to be the wish of the author, to whom he is anxious that none of the faults for which he alone is responsible should be imputed.
PREFACE TO THE FIRST EDITION."
SEVERAL Attorney's Pocket-Books have been published, the utility of which has been proved by their speedy sale. But owing to the recent important alterations in various branches of the Law, the want of a new work of this description has been greatly felt; and it is with a view to meet this demand that the present volume is published. Few persons are aware of the labour and care requisite in preparing Precedents, in which almost every word is of serious consequence, and sometimes the slightest error productive of fatal results. This book has therefore been prepared and printed with the greatest attention, regardless of expense; and is offered with confidence to the Profession.
A small but legible type has been used, to render it a convenient pocket companion for the Attorney or Solicitor, whenever his services may be suddenly and unexpectedly required from home. With this view, as well as to furnish a book of general and constant practical service, the following plan has been adopted:
The distinct and different parts of Deeds and Instruments have been selected, followed by the insertion of
* Published in 1837.
skeleton forms of the newest and most approved Precedents, arranged under separate heads, with instructions for filling up and completing the same according to the instrument required; thus reducing the size and expense of the work, and avoiding that constant repetition of the same form of words or parts of a deed, (so much complained of in the different published Precedents, which, if inserted in each form here introduced, would have swollen the work to an inconvenient size.
The recent alterations in the law of Real Property, (before alluded to,) having rendered new forms necessary, such precedents only have been selected from the most approved drafts of eminent modern conveyancers, as are best adapted to, and more particularly required in, the ordinary routine of business; and to these practical notes and illustrations have been added.
The Notarial Forms were furnished by a gentleman of eminence, and inserted in consequence of the late act of the 4th Will. IV., c. 70, enabling attorneys residing at places distant more than ten miles from the Royal Exchange in the city of London, to be admitted to practise as Notaries.
An analysis of all the late Property Acts is included, and a full abstract of the late important statute, 1st Vict., c. 26, for the amendment of the law in respect to Wills.