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learned in Gothic architecture, while it will be an absolute triumph to the Classic school. The former will pretend that it is an unfortunate and mistaken attempt; while the latter will point to it as affording an excellent illustration of the prevailing taste. It does not, however, prove that a good library cannot be constructed in one of the Gothic styles, any more than it establishes that the Benchers would not probably have obtained, by the similar exercise of their discretion and intelligence, an equally bad library had they bespoken one after the Greek, Roman, or Italian schools.
There will be abundance of light, which is one great thing in a library, and therefore, perhaps, we should scarcely criticize the windows; yet there is nothing to be said for them except that they let in the light (when the Benchers' coats-of-arms do not keep it out), and their form is in exact accordance with wellknown precedents. So with the roof-with the exception of the carving being indifferent, it would possibly be a very good roof in another place. The great south window is also in itself and its accessories a very questionable affair. We presume, of course, that the windows, being genuine Gothic, will not be allowed to open, but a felicitous architectural arrangement has thus provided a substitute. Certain hideous and extravagantly contorted Gothic beasts are placed for Gothic ornament, as creeping and crouching outside the Gothic walls, and meet with unequivocal disapproval from the spectator, until it is explained that a system of ventilation is carried on literally through these beasts. They are bored through from stem to stern; and as they alternately stick with their heads and tails turned to and from the wall, they will convey fresh and foul air to and from the library in a most natural and ingenious manner. This application of anatomical and physiological phenomena to architectural structure, cannot be too much applauded. The south end externally, as seen from the river, is, to say the least, utterly uninteresting; and the eastern side, as seen from the garden, positively dissatisfying to the eye in almost every particular: the sticking the hall into the third floor, and putting two floors of chambers beneath the great rcom, being the chief cause as it seems to us.
And now comes the next question, What will all this building cost? The honourable society of the Middle Temple are bound to call for the accounts from the Benchers. The barristers may well say, “Let us know the contract prices—the cost of charges on the design-of additions and alterations and extras. Let us know how our money is spent, or, if thrown away, who is responsible for the waste.” There should be no mystery made, or hesitation shewn, about this money matter. The Benchers are trustees for the members, and should be ready with their balance sheet. If there be any vitality whatever in the societies of the Inns of Court, it will be shewn in an early effort on the part of the members, to induce the Masters of the Bench to do that which, in every healthy and well-constituted society, would be done voluntarily and as a matter of course, viz.--to print their balance sheet.
If they knew their own interests as employers, the Benchers would court publicity. Nothing so much damps the courage of people who desire to practise upon others, as the knowledge that the facts will all appear in black and white, and be subjected to the shrewd eye of competitors, or of those interested in the funds. But whether good or bad bargains, contracts, and expenditure be made for the Inns of Court, it makes no difference. It is the right of the members to know how the money goes, and, if they will listen to our advice, they will not delay any longer demanding an auditing and publication of the accounts. Such a publication for the year 1860 and 1861, might show, in the cost of the Middle Temple Library, that the building was no exception to the rule, that an ugly building costs as much as one that is beautiful, and that bad architectural arrangement is at the first, and down to the last, extravagant in outlay, as well as inconvenient in use.
ART. VIII.-LORD CRANWORTH'S TRUSTEES
AND MORTGAGEES ACT.
An Act to give to Trustees, Mortgagees, and others, certain Powers
now commonly inserted in Settlements, Mortgages, and Wills. (Cap. 145.)
the measure named at the head of this article to the consideration of parliament, was simply to curtail by parliamentary enactment our common forms in settlements, mortgages, an wills. “ It is expedient,” according to the preamble, “that certain powers and provisions, which it is now usual to insert in settlements, mortgages, wills, and other instruments, should be made incident to the estates of the persons interested, so as to dispense with the necessity of inserting the same in terms in every such instrument;" and we are not inclined to grumble at the assertion. The measure, however, does not meet with universal approbation ; for there are some who doubt even the expediency of the several enactments, on the ground that settlors, mortgagors, and testators, ought to have before them “in terms ” all that they intend to do, and ought not to be compelled to read their deeds and wills by the light of an act of parliament. This view is not altogether undeserving of notice ; but we do not coincide with it, for it will be the duty of solicitors to learn and to point out to their clients the effect of the proposed deed or will; and, therefore, we do not believe that many persons will execute instruments in ignorance of the consequences entailed on them by the Act.
The Act is divided into four parts. By the first part, powers are conferred on trustees for sale, and on trustees of renewable leaseholds. The second part relates to the powers of mortgagees. The third part comprises provisions as to the investment of trust funds, and the appointment and powers of trustees and executors; and the fourth part contains “ general provisions”
relating to the three preceding parts. To the contents of each part we will now call the reader's attention.
Such of the provisions in the first part of the Act as relate to the sale or exchange of real estate, are applicable only to those cases in which it is expressly declared by the trust-deed or will, that the trustees shall have a power of sale or of exchange; and in all such cases the Act gives to the trustees the powers and discretions which are usually included in the “power of sale and exchange" in our books of common forms in conveyancing.
The trustees may sell in lots, and either by auction or private contract, and may give or receive money for cquality of exchange ($ 1); the sale may be made under special conditions, the
property may be bought in, and the contract for sale or exchange may be varied or rescinded ($ 2); the persons selling (whether the hereditaments be vested in them or not), are empowered to convey the hereditaments in question, either by way of revocation and appointment of the use, or otherwise (3); all money received upon any sale, or for equality of exchange, is to be laid out in the manner indicated in the instrument of trust, and, in default of such indication, is to be laid out in the purchase of other lands ($ 4), or in discharge of incumbrances affecting lands subject to the same uses as those sold or exchanged (8 5). A clause inserted in the House of Commons prohibits the laying out of money arising from the sale or exchange, under the Act, of lands in England or Wales in the purchase of lands situate elsewhere than in England or Wales, and also prohibits the exchange, under the Act, of lands in England or Wales, for lands situate elsewhere than in England or Wales, and the clause contains a like prohibition with regard to lands situate in Ireland, and sold or exchanged under the Act ($ 6).
Until the money received upon any sale, or for equality of exchange, is disposed of in the manner provided, it is to be invested at interest for the benefit of the persons who would be entitled to the rents of the lands to be purchased ($ 7).
The next section empowers trustees of renewable leaseholds to renew the lease, and invests them with full powers for that purpose; but this section is not to apply to any case where the person in possession for his life, or other limited interest, is not by the terms of the settlement or will under any obligation to renew the lease, or to contribute to the expense of renewal ($ 8). The defect in this section is, that it cannot be made to apply to cases where the person in possession for his life, &c., though not bound to renew, would consent to a renewal.
The money which may be required for the purpose of paying for equality of exchange, or for renewal of a lease, may be paid out of any money held by the trustees in trust for the persons beneficially interested in the lands to be taken in exchange, or comprised in the renewed lease; or the money may be raised by mortgage of such lands, or of any other lands subject to the same uses and trusts (9); and the last section in this Part provides that no sale or exchange shall, except where otherwise provided by the instrument of trust, be made without the consent of the person appointed to consent by such instrument, or (if no such person be appointed), then not without the consent of the tenant for life (§ 10).
PART II. The clauses in this part of the Act relate only to charges by way of mortgage (§ 24). The following are the powers which the Act gives to all mortgagees, as incident to their estate, no express declaration in the mortgage deed being required to make them so incident :
Where any money is secured on land,“ the person to whom such money shall for the time being be payable, his executors, administrators, and assigns," shall at any time, after the expiration of a year after the money shall have become payable, according to the terms of the deed, or after any interest shall have been in arrear for six months, or after any omission to pay the premium or any insurance which, by the terms of the deed, ought to be paid by the mortgagor, have power, 1st, to sell all or any part of the property by auction or private contract, subject to "any