FOR OR SALE, STEPHEN'S COMMENTARIES, Fourth Edition, purchased November, 1861.-Address, LEX, Berkeley, Gloucester shire. LONDON: EXAMINATION CHRONICLE OFFICE, 10, OFFORD-ROAD, BARNSBURY, N. (WHERE ALL ORDERS AND COMMUNICATIONS MUST BE SENT.) Printed by TAYLOR and GREENING, Graystoke-place, Fetter-lane, London. TO CORRESPONDENTS. ARREARS OF SUBSCRIPTIONS.-We do not understand why subscriptions are allowed to fall into arrear, as we started our new publication on the principle of prepayment, having suffered so greatly by allowing arrears. The sum to each subscriber is very small, whilst the aggregate makes to us a considerable amount. We hope all will pay up to No. 24, and also prepay for next year. PUBLISHERS.-We have stated before, and in the circulars, that the publication cannot be obtained through publishers, booksellers, or stationers, and we have good reason for this regulation, which, indeed, if we had adopted earlier, would have made a difference to us of very many hundred pounds. We think we know more of publishers than any of our subscribers do, and we must, therefore, be excused from entering into the discussion which some of them have attempted to raise. The publications can be obtained through us only, and not indirectly; we hope all will conform to this, and thus save themselves from disappointment. LEX. There is no recent edition of Bacon's Abridgment, nor do we think it likely there will be a new one. It is a very useful work, but it does not comprehend every title in the law. Comyn's Digest is in this respect more complete, but it gives the matter in a very condensed form. J. A.-The Incorporated Law Society is not at all likely to allow the clerks of non-members the same advantages in respect of charge as those enjoyed by the clerks of members. You will not, however, be a loser by non-atten dance at the lectures. NOAH'S WILL.-We have received a most elaborate communication from Mr. Emanuel, contending that the will of Noah is to be found in Gen. c. 19, v. 25. The document would occupy several of our pages, and cannot, therefore, be inserted; but, probably, if "Infant" requested Mr. Emanuel, he would authorise us to send it direct to "Infant." We are sorry that we have not space for the communication, as it exhibits much ingenuity. CRIMINAL LAW.-We think Mr. Davis's work on the new criminal statutes is a very useful one, though not differing in that respect from the other editions of the Acts, especially the work of Mr. Greaves. When Mr. D.'s work on criminal "procedure" appears we will notice it. J. N.-We cannot help the ignorance of the persons alluded to, though it certainly is rather strange that they should be ignorant of the existence of the Acts, and still continue to answer the questions from the repealed statutes, and to "instruct" their pupils therefrom. MOOT POINTS. No. 58.-Landlord and tenant-Irrigating land.-A. owned and occupied a farm. Part of it consisted of about sixty acres of meadow land. A. thinking it would be beneficial to irrigate the portion referred to, carried out the necessary works for that purpose, and erected sluices, &c. A. continued to occupy his farm for several years after the erection of the sluices, and during that time he irrigated the land every year. About eight years ago A. let his farm to B. No agreement was made between them respecting the irrigation of the meadow land. However, B. has irrigated it every year, but having recently received notice to quit, he wishes, instead of irrigating it as usual, to stock it. A., the landlord, thinks this would be an injury to his farm. Scarcely any other land in the vicinity is irrigated. A. keeps a water-man, but B. has always told him when to let on the water. B. refuses to allow the land in his occupation to be irrigated. Can A. irrigate the land let to B. without his consent, and if not would A. have any remedy against B. if he does not irrigate as he has hitherto done?-A. G. BULLER, Bridge-street, Banbury. No. 59.-Lease-Usual covenants.—An agreement for a lease of a house and shop in a provincial town says that the lease shall contain all "usual covenants." What covenants can lessor and lessee respectively require to be inserted under the words "usual covenants." THOS. DALLOW, 65, Chancery-lane. No. 60-Attorneys in America.-If an attorney (duly admitted to practise in England) wishes to practise in America, what is necessary to enable him to do so? Will his admission to practise in England be of any service to him? and if not, what formalities are required by the American law before a man can be an attorney there? If any of your correspondents can give information on this point, it will greatly oblige.-N. W. No. 61.-Bequest of shares-Bonuses.-A. was possessed of eight shares in the County Fire Office. By his will he gave "the interest, dividends, and annual produce" thereof to B., his wife, during her life. A. died in 1848, and B. in January last. Subject to the life interest, the shares were to be sold, and the proceeds given to C. In the year 1849 a bonus of £20 per share was declared, and in 1856 a further bonus of £10 per share. These bonuses were invested by the executors of A. in the funds during his life, and the proceeds paid to her. The shares have recently been sold, and the question now arises, "To whom do the bonuses representing the funds belong to the representatives of B. or to C. ?" It appears to me to depend very much upon the fact as to whether the bonuses were merely "surplus earnings" paid as additional dividends or "distributed capital." If the former, I apprehend B.'s representatives take them; if the latter, C. is entitled to them. I may be wrong, and therefore should feel obliged by the opinions of some of your correspondents on the point.-A. G. BULLER, Bridge-street, Banbury. No 62.-Tenant holding over.—By the 4th Geo. II., c. 28, s. 1, it is enacted" That in case any tenant or tenants for any term of life, lives, or years, or other person or persons, who are or should come into possession of any lands, tenements, or hereditaments, by, from, or under, or by collusion with such tenant or tenants, shall wilfully hold over any lands, tenements, or hereditaments, after the determination of such term or terms, and after demand made, and notice in writing given, for delivering the possession thereof, &c., shall pay double the yearly value of such premises so detained for so long as the same are detained, to be recovered by action of debt." I shall be glad to hear from any gentleman on the following points: -Does this enactment include a quarterly tenant? if so, has there been any decision and reference to it ?-W. BELL, at Messrs. Potts and Scarisbrick's, solicitors, Sunderland. CORRESPONDENTS ON MOOT POINTS.-The only addition to the previous lists is as follows: Mr. C. E. Salmon, Bury St. Edmunds. At the commencement of next year we shall, as usual, publish a revised list of correspondents, and shall be glad to receive additional names and corrections, &c., so that the list may be enlarged and made perfect. The following communication may be of service in stimulating articled clerks in other places to imitate the example of those in the town wherein the writer resides :-"Being a correspondent on Moot Points myself, I wonder that hundreds more of the cloth should not also place their names on the list, as the advantages accruing from the system must be apparent to any one engaged in the arduous study of law. Without being egotistic, I think my "native town" may be held up as an example to many others in this particular. Let us suppose there are 2,500 clerks under articles in England; of these about sixteen reside in Sunderland, and of the sixteen I am proud to see at least seven names in the list of correspondents. Now, if seven-sixteenths of the clerks were correspondents, there would be at least 1,000 names (instead of sixty or seventy) in the list; and I don't see (considering the advantages derivable) why such should not be the case. I am afraid some of us in Sunderland are rather dilatory, yet I suppose likewise we (taking an average) may turn out to be no worse than other correspondents or other articled clerks, to many of whom, at least so far as numbers go, we are worthy of imitation. Trusting, therefore, that the number of correspondents and subscribers may be increased tenfold during the ensuing year-I remain, &c., X. Y. Z. |