EXAMINATION CHRONICLE OFFICE, 64, OFFORD-ROAD, 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. 64, Offord-road, Barnsbury, London, N. Printed by TAYLOR and GREENING, Graystoke-piace, Fetter-lane, London. MOOT POINTS. No. 33.-Conditions of Sale-Trustees, having no power to give receipts, providing against other persons joining.-I find in the third edition of Dart's Vendors, p. 111, the following statement:-" In recent case the Court decreed specific performance of a contract for sale by trustees, in which it was provided that their receipts should be sufficient discharges for the purchase-money, and that the purchaser should not require the concurrence of the cestuis que trust; thus supplying the omission of the ordinary receipt clause in the trust instrument." I am told that the case to which Mr. Dart refers, viz., Wilkinson v. Hartley, 15 Beav. 183, does not bear out this statement, but I have not the report to refer to. In reference to this subject, I may observe that I am not unaware of the 22 & 23 Vic. c. 35, s. 23, enabling trustees to give receipts for purchase-moneys, but I feel a doubt whether it applies to a document executed prior to its passing; the latter words of the clause raise the difficulty. No. 34. Additional Ground Rent.-Land was conveyed to a purchaser in fee simple, subject to a perpetual annual ground rent, payable to the vendor. The conveyance contained a proviso that if the purchaser should permit the premises to be used for the purposes of trade, or as a manufactory, he should pay an additional annual ground rent. Even suppose the purchaser permit the premises to be used as a manufactory, can payment of such additional rent be enforced? Ought not the larger ground rent to have been reserved in the first instance, subject to a proviso that it should be reduced on the premises not being used as a manufactory, &c.? (Vide Sm. Man. 6th ed. 270; Wms. Real. 5th ed. 370; Hugh. Con. 2nd ed., vol. 2, p. 50, and cases there cited.)-E. H. HASWELL, West Sunniside, Sunderland. No. 35.-Will-Charge of Debts.—It is laid down in many text books that where a testator directs his debts to be paid even by his executors, if he afterwards devises his real estate to the same persons the debts will be charged on the real estate, which may, therefore, be sold or mortgaged for the payment of such debts. But it is said that this is not the case where the real estate is devised to one only of such executors, the reason alleged being that it could not be the testator's intention to charge only the portion devised to that on; from which it would appear that it is only where the devise of the real estate is to the executors beneficially that the debts are charged thereon, and they have a power of sale, and not where the devise is to them in a fiduciary character. I have, however, always understood that, even in this latter case, the executors have a power to sell, and therefore, if this understanding is correct, suppose that the reason above given, where the devise is to one only, is not correct. MOOT POINTS. No. 36.-Attorney's Practice-Is an attorney's practice liable to be sold in case he becomes bankrupt? I should feel obliged by your answering me the above simple question in your next impression of the EXAMINATION CHRONICLE.-E. NOTE. We shall be glad to hear from some of our subscribers on the above very simple point.-Eds. No. 37.-Heir-looms-Execution.-Can heir looms be sold by the Sheriff under a writ of fieri facias?-E. H. HASWELL, West Sunniside, Sunderland. NOTICES TO CORRESPONDENTS. L. A.-The edition of Sheppard's Touchstone, by the late Mr. Preston, is probably the best; but that by Mr. Atherley contains some very useful notes. Mr. Preston's additions were incorporated in the text, and not thrown into the notes, so that the work reads all the better. In fact, Mr. Preston's plan is much the same as that since applied by Serjeant Stephen to Blackstone's Commentaries. There can be no doubt of the authority of the Touchstone, as it is frequently quoted; but it contains very much obsolete matter, and is not a work very likely to prove attractive to a student, and, indeed, is probably never read continuously, even by practitioners, but only consulted by them when in search of information on a particular point. INTERMEDIATE EXAMINATION.-1. Do you think that the examiners of the Intermediate Examination would allow me to be examined in the last term of my second year, instead of one of the terms during my third year? - [Certainly not, unless very special circumstances exist, which is not likely.- ED.] 2. There are, I believe, no prizes or certificates given at the Intermediate Examinations. I think if such were awarded to the most successful candidates, it would be an additional stimulus to articled clerks to study more attentively during their first years of clerkship. If the fee paid by the examinees is too little to afford any substantial prize, yet a certificate of merit would cost the examiners a mere trifle, and it would, I have no doubt, be highly valued by the party who obtained one. [This is a subject worthy of consideration, and possibly some effect might be produced by memorialising the examiners, if a considerable number of signatures could be obtained.-ED] 3. What books will be taken for 1864?-[The examiners have not yet announced the books; they will, however, shortly do so, and then we shall insert the announcement.-ED.] NOTICES TO CORRESPONDENTS. CERTIFICATE OF MERIT.-The Secretary of the Incorporated Society has not, we are informed, furnished the information inquired after by LEx at p. xvii. informs us that he knows that some candidates, who did not answer Another correspondent kindly any of the Criminal Law questions obtained certificates of merit. We should like to know whether any such candidates have ever obtained prizes. Will some of our subscribers give information about this? X. Y. Z.-The rings are given by the new Serjeant to the Judges, &c. It is a very old custom, mentioned by Dugdale and other antiquaries. EGO. You will find discussion more useful than answering questions, but if you really cannot get any one to discuss matters with you, certainly the next best plan is to frame your own questions on what you have been reading, and then, having put them aside for a time, endeavour to answer them from memory, comparing your answers wth the book from the perusal of which the questions were framed. This course of proceeding will be useful to you in other respects, especially in forming methodical habits. ALPHA. Your communication has come to hand too late for notice in this number, the appearance of which has been accelerated. TRINITY TERM EXAMINATIONS.-Out of 147 candidates at the final examination sixteen were postponed, which is about 50 per cent. less than in last term. At the intermediate examination, out of 74 candidates, two only were postponed. WANTED, in the course of a month or two, THE FIFTH EDITION OF STEPHEN'S COMMENTARIES-Any one likely to have this edition for disposal will be kind enough to address communications to Q. R., Post Office, York. OR SALE, KERR'S BLACKSTONE, 1862, elegantly and substantially bound in Calf.-Address, Q. R., Post Office, York. WANTED, AYCKBOURN'S CHANCERY PRACTICE, Seventh Edition, 1861; A TREATISE on the NEW BANKRUPTCY ACT; and a Book on CRIMINAL LAW.-Any person having the above books to dispose of, by advertising in the EXAMINATION CHRONICLE Will meet with a purchaser. AN N ARTICLED CLERK, of much experience, wishes to meet with a Gentleman reading for Examination, to join him in his rooms, for the sake of economy and mutual society.-Address, A. G. D., 2, Stamford Terrace, Swan Street, Southwark. EXAMINATION CHRONICLE OFFICE, 64, OFFORD-ROAD, 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. 64, Offord-road, Barnsbury, London, N. Printed by TAYLOR and GREENING, Graystoke-place, Fetter-lane, London, |