THE EXAMINATION CHRONICLE. [EDITED BY WILLIAM HEMINGS, Esq., Barrister-at-Law.] EXAMINATION CHRONICLE OFFICE, 5,WESTBOURNE-ROAD, ARUNDEL-SQUARE, BARNSBURY, N. (WHERE ALL ORDERS AND COMMUNICATIONS MUST BE SENT.) Post-Office Orders to be payable at Chancery-lane Post Office to John Lane, of No. 5, Westbourne-road, Arundel-square, Barnsbury, London, N. Printed by SAMUEL TAYLOR, Graystoke-place, Fetter-lane, London. NOTICES TO CORRESPONDENTS. All communications (strictly Editorial) may be addressed to the Editor, WM. HEMINGS, ESQ., Barrister-at-Law, 6, Symonds' Inn, Chancery-lane, London, W.C. Every other communication to be addressed to the EXAMINATION CHRONICLE Office. ARREARS OF SUBSCRIPTION.-We should feel much obliged to subscribers if they would be good enough to pay up their arrears, which amount now to a very considerable sum. Subscribers know that we expect prepayment, and we are happy to say that very many comply with our wishes in this respect, but on the other hand some not only do not prepay but get into heavy arrears, which is quite contrary to our system, and we cannot permit it to continue. We have been considerable losers through parties who have got into arrears being unable or unwilling to pay, and we find that when once an arrear is permitted, the amount goes on increasing until it gets hopeless, and in the end we have to suffer. We desire, therefore, to prevent the beginning of arrears, and to keep our subscribers up to the proper mark. LEGAL REASONS WHY.-The first portion of this, comprising "Principles of Equity," is now complete with an index and title page. Those who have not had the earlier portion bound up with vol. vi. of the CHRONICLE, can now, if they please, have the "Principles of Equity" bound separately. Those who have had the earlier portion bound with vol. vi. of the CHRONICLE will wait till vol. vii. is finished, and then have the portion contained in vol. vii. bound with it. We trust, however bound, it will be found a useful work, and one that will be frequently consulted, even after the possessors have ceased to be articled clerks. The next subject will be Equity Practice, and it is proposed to proceed alphabetically with it, so that both during its progress and on its completion reference may speedily be made to any subjects instead of having recourse to an index. It is believed this will be found to be a great improvement and to increase the utility of the work. S. T.-You will not be permitted to attend the lectures and classes of the Inns of Court without becoming a member of an Inn of Court, and you cannot become a member of any such inn while serving under articles. It would no doubt be very advantageous to articled clerks to be permitted to attend such lectures and classes, but the prejudice against the admission of articled clerks to such a privilege is too great to be got over without very considerable exertions, and there do not appear to be any persons willing to undertake the matter. You might make a commencement, and ascertain in that way whether any other clerks would join you in the necessary labour and expense. C. M.-It is Smith's Manual of Common Law that is out of print. The Manual of Equity can be had, the last edition (the 8th) having appeared in 1866. We fear you will be disappointed with the Manuals unless you have made considerable progress in your studies. The books are much more fitted for advanced students than for those who are beginning. You cannot do better than carefully read Mr. Williams' two works on Real Property and Personal Property, and make yourself completely master thereof. The questions published by the author are confined to the work on Real Property, and we have not heard that any questions are in preparation for the volume on Personal Property. The questions are certainly of assistance, especially to those who are too idle to frame any for themselves, and who thus lose the full benefit of the plan of questions. What is done by any one for himself is more beneficial than what is done by another for him. LECTURES. The law lectures are given at the Incorporated Institution in Chancery-lane. You should write to the Secretary of that Institution, Chancery-lane, London, W.C. We do not think that much knowledge is to be obtained from the lectures; still we are bound to admit that many persons think otherwise. If you are to derive any benefit therefrom you must apply yourself diligently to reading on similar topics, and take notes to assist you. When you are referred to any authorities you would do well to consult them, if not too many, and if found applicable to make yourself master of them. The misfortune is that frequently so many authorities are referred to that it is impossible even to consult them, much less make oneself master of them. C. T. A. We are inclined to agree with you that the Preliminary Examination Questions are not such as ought to be asked, being very much beyond what an ordinary youth just fresh from school can be expected to answer. It is, indeed, possible that some few schools may turn out scholars able to answer a considerable number of the questions, but this must be the exception rather than the rule. If all schools were bound to instruct boys in the matters and to the extent inquired after by the Examiners, there would be no great hardship, but it is otherwise, and to insist on answers to such questions is really punishing the scholars for the deficiencies of their masters. We had thought the Examiners would not be very hard on any candidate who showed that he had not been altogether neglectful of his school studies, but we have recently heard of two distinct cases which show that the Examiners are very exacting, and in one case they rejected a candidate a second time, and this, although the candidate had taken the precaution of having special lessons from a competent person. If this strictness is continued, a few years will render the attorneys a very select body indeed, especially if dispensations are done away with in the case of decennial clerks. MOOT POINTS. No. 14.-Administration of assets by heir.-A. dies intestate, seised of freehold property, leaving B. his heir, who takes out letters of administration to his effects; C. sends in a claim to B. of £100 for goods sold to A. B. has already paid all the other debts of A., which were in equal degree to the debt of C., and which amounted to more than the value of the assets descended to him. Can B. (as heir) pay one creditor in preference to another of equal degree, in the same manner as an executor or an administrator?-A. NOCKOLDS, Saffron Walden. No. 15.-Copyholds-Tithe-Fine.-A. is about to be admitted to some copyholds, out of which tithe is payable. In assessing the fine may the tithe be deducted?—A. NOCKOLDS, Saffron Walden. No. 16.-Locke King's Act.-Does this Act apply to both principal and interest due at the death ?—J. GIBBS, Mildenhall Soham. No. 17.-Distress-Husband and wife.-A. B., a widow, occupying premises, and owing arrears of rent, marries C. D., who, after the marriage, resides with A. B., and no rent is paid, but further arrears become due during the occupancy by C. D. Can the landlord distrain for the rent due from A. B. and C. D., and if so to whom must the notices of distress be given on making distraint ?-GEO. CROSBY, jun., 64, Fish-street, Banbury. On No. 18.-Will and codicil.-A testator by his will dated Jan. 1, 1848, devised all his real and personal estates to the trustees in his will named, upon the trusts therein declared, upon trust in the first place to give to B., his eldest son and heir-at-law, the sum of £500. The will was duly executed and attested by three witnesses. Jan. 1, 1849, A. makes a codicil to his will, whereby he directs his trustees to give the sum of £500 in his will bequeathed to B. to his son F. The codicil is attested by only two witnesses. Will the gift of £500 in the will attested by three witnesses be affected by the codicil attested only by two witnesses ?-L. LANE, Messrs. Jones and Forrester, Solicitors, Malmesbury, Wilts. No. 19.-Sale-Interest-Rents and profits.-A., about a year ago, put up some freehold property for sale, which B. became the purchaser of at the sum of £1000, and according to the conditions of sale he paid C., the auctioneer, the sum of £100 in part payment of the purchase-money, and signed an agreement for payment of the remainder on the day fixed for completion. The same condition then proceeds thus:" The purchaser will be entitled to the possession on the completion of his purchase, and if from any cause whatever the completion of such purchase is delayed beyond the day named, the purchaser in such case shall pay interest upon the amount of his purchase-money at the rate of £5 per cent. per annum until the completion of the purchase." B. did not pay the remainder of his purchasemoney on the day named in the agreement.-1. Will B. be entitled to the rents and profits or possession of the premises if he pays the interest on the remainder of the purchase-money? 2. In such a case as this, could A. compel B. to complete his purchase or resell the premises, so long as B. was willing to pay the interest ?-L LANE, Messrs. Jones and Forrester, Solicitors, Malmesbury, Wilts. THE EXAMINATION CHRONICLE. [EDITED BY WILLIAM HEMINGS, Esq., Barrister-at-Law.] EXAMINATION CHRONICLE OFFICE, 5,WESTBOURNE-ROAD, ARUNDEL-SQUARE, BARNSBURY, N. (WHERE ALL ORDERS AND COMMUNICATIONS MUST BE SENT.) Post-Office Orders to be payable at Chancery-lane Post Office to John Lane, of No. 5, Westbourne-road, Arundel-square, Barnsbury, London, N. Printed by SAMUEL TAYLOR, Graystoke-place, Fetter-lane, London. |