MOOT POINTS. No. 7 (p. 72).-Legacy-Unmarried daughters.—I shall feel much obliged if you will alter this. Instead of being a legacy given "to the sons of unmarried daughters of A.," state in your next EXAMINATION CHRONICLE, to "the sons and unmarried daughters of A." It must have been either my own fault, or the fault of the printers. I did not notice it until I received some correspondents' answers to it. -G. E. EMMET. No. 11.-Equitable mortgage-Deposit of title deeds.—Where title deeds are deposited partly with one creditor and partly with another, cannot the two creditors unite their several claims, and thus obtain one lien upon the estate?-J. ELLISON, Bradford, Yorkshire. No. 12.-Lessor and lessee-Covenant for quiet enjoyment.—Would a lessee be allowed to set up the breach of a covenant for quiet enjoyment, where he has given the lessor a verbal consent to erect a gate across a road through which he (the lessee) has a way on the demised premises?-J. ELLISON, Bradford, Yorkshire. No. 13.-Landlord and tenant-Constructive occupation.-Where a tenant or occupier has entered property as a trespasser, and has remained in possession, and used and occupied the land to the exclusion of the owner, can the latter waive the tort and consent to the occupation, and sue the tenant upon the ordinary implied promise to pay a reasonable remuneration for the occupation and enjoyment of the property?-J. ELLISON, Bradford, Yorkshire. No. 14.-Bill of exchange-Notice of dishonour.-Is the drawer of a bill of exchange entitled to a notice of dishonour?-JOHN ELLISON, Jas. Cater, Esq., Solicitor, Bradford, Yorkshire. No. 15.-A testator devised an estate as follows:-"I give and bequeath all my estate in A. to my daughter A. for her life, and after her death to her husband for his life, and after his decease to be divided equally between their children, their heirs and assigns." Do not A. and his wife take an estate tail-for there was no issue born during the lifetime of the testator-and as such enabled to bar it? -JNO. FIZZI, Gravesend. No. 16.-Municipal corporation-Debts, sale, &c.-The corporation of a borough find themselves in debt. Can they either sell or mortgage any property of which they may be possessed, and, if so, how must they proceed?-J. EDW. CURTIS, Town Hall, Gravesend. No. 17.-Intestacy-Collaterals.-A man dies intestate, and without either widow or children. How far are the representatives admitted collaterally?-J. EDW. CURTIS. No. 18.-Will-Reference to unattested paper.-A., in his last will and testament (duly signed and attested), refers expressly to another paper. Does that paper, not being attested, make part of the will?— J. EDW. CURTIS. No. 19.-Exchange-Eviction.-A. and B., having land of (in their estimation) an equal value, exchange the same; but after B. has taken possession, the title is found defective. B. is evicted. I will thank some fellow-correspondent to tell me what remedy has B.J. EDW. CURTIS. No. 20.-Lease-Forfeiture-Receipt of rent.-A lease for lives contained a clause of voidance upon condition broken. The condition was broken, and the landlord receives the rent notwithstanding he is informed of this fact. The landlord by so receiving the rent, does it operate as a waiver of the condition, and give new validity to the lease?-A. F. LUKE, Musgrave House, Exeter. No. 21.-Feme Covert-Acknowledgment.-A. B. by will left the rents of his real estate to his wife for life, and his real estate to trustees to sell and pay the proceeds unto his daughter. The daughter is married, and she and her husband execute a mortgage upon her share. Must she acknowledge the deed under 3 & 4 Will. 4. c. 74, and must a copy of this mortgage deed be filed under the Bills of Sales Act?-A. F. LUKE. No. 22-Mortgage-Further advance- Acknowledgment by feme covert.-A. and B., his wife, mortgaged B.'s property to C. in fee for £500. The mortgage deed was duly acknowledged by B., pursuant to 3 & 4 Will. 4, c. 74. Subsequently to this, the first mort gage, a further advance was made by C. on the same property. Must B. again acknowledge? If C., on the mortgages being satisfied, reconveyed the property to A. in fee, with a declaration against dower, must the wife join in any future dealing with the property?A. F. LUKE. No. 23. Mortgage.-If in a mortgage the debt be not secured by one of the usual covenants, will the Court, in any case, imply a covenant so that the debt may rank as a specialty debt?-J. ELLISON, Jas. Cater, Esq., Sol., Bradford, Yorkshire. OR SALE-"STEPHENS' COMMENTARIES ON THE LAWS -- good tion. Apply to L. X., 64, Offord-road, Barnsbury, London, N. R. JOEL EMANUEL is desirous of recommending a Young MR. of Man, aged 20, as CONVEYANCING CLERK. Is competent to take the management of the conveyancing department, under the occasional supervision of the principal, investigate ordinary titles, &c. If any articled clerk can exert his influence, and obtain such a situation, he will be conferring a personal favour. Salary required, £75 per annum.-Address, Mr. GEO. H. RUSSELL, 8, Above Bar, Southampton. 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. Frinted by TAYLOR and GREENING, Graystoke-place, Fetter-lane, London. NOTICES TO CORRESPONDENTS. EASTER TERM EXAMINATION.-As this examination takes place so late in the month, we find it impossible to furnish answers in time for the usual day of publication, and as we know postponement would cause inconvenience, we have issued the present number without the questions, but in order that there may be as little delay as possible in laying the answers before our readers, we shall issue the June number early in the month of May. This will give time for preparation of answers to the Easter Term questions. B. We do not insert answers to Moot Points. The latter are inserted for the purpose of mutual correspondence among the subscribers whose names appear in the List of Correspondents. B.-Equity is an indispensable branch, and you cannot, therefore, substitute either Criminal Law or Bankruptcy for it. A good knowledge of both, or either of those branches, would, however, make up for a little deficiency in Equity. It is not wise to neglect Equity. NOTICE OF ADMISSION.-F., to whom we gave an answer to be found on the cover of last number, p. xiii, writes us thus:-"I send you copy letter received from the Secretary to the Incorporated Law Society, and I presume there can be no objection to your inserting the purport of same in your next No., for the benefit of those students who may be similarly circumstanced to myself." The letter referred to states:- "You can, if necessary, renew your notices within one week after Trinity Term." LEX. He should read and discuss law points with anyone willing to join in so doing. There is such a society and library. There are no law lectures delivered elsewhere, open to articled clerks. be L. S.-We cannot discuss the matter in our pages. It is trne that under the Chancery Amendment Acts, and the Acts of Sir G. J. Turner, L. J., and Lord St. Leonards, the opinion of the Court can be obtained in a very summary mode; that relief may got by a simple summons at Chambers in cases where formerly all the formalities of a regular suit must have been gone through before the same end could have been attained; but, notwithstanding all this, there are many cases where even this simplified mode of procedure occasions an expense which is either utterly out of proportion to the advantage to be gained, or is so great as to render any advantage impossible. You cannot expect the public to sympathise in any proposal which should have the effect of increasing expense to litigants. DISTINCTION BETWEEN CHATTELS REAL AND CHATTELS PERSONAL -For many purposes a real distinction exists between chattels real and chattels personal (though both are personalty), and, therefore, ome rules which are applied to personalty in general will be found not to be universally applicable. You will find the books you refer to will illustrate the distinction at length. MOOT POINTS. PAUPER.-Selling property.—A poor man dies, leaving a wife and three children, the wife dies shortly afterwards, whereby the three children become dependent on the parish. Can the overseers of the parish legally sell the furniture (worth £25), and, after paying funeral, expenses, pay the remainder of assets into the union when the children enter that place? or would they be in any manner liable to the children for having thus dealt with the assets ?-H. F. BUCKLAND, Milbourne House, Malmesbury. ADVERTISEMENTS GRATIS.-It has occurred to us that we might extend the utility of the publication by permitting the free insertion of advertisements by subscribers, in respect to matters likely to be advantageous to the advertisers and advertisees. For instance, respecting books for sale, exchange, or purchase, and other similar matters affecting or interesting to articled clerks. We beg, therefore, to state that we are ready to devote a page of the cover of each number to such kinds of advertisements without any charge whatever; but we cannot undertake to forward answers, nor must they be directed to be left at or sent to our office except postage stamps are sent to cover the expense of forwarding the answers. The best way in such case will be to enclose communications (stamped, in an envelope) addressed to us. - BOOKSELLERS, &c. We have frequently mentioned that the CHRONICLE and Small Library cannot be obtained through the "trade," but only by application made directly to us by letter and not by personal application; and the same as to payment of subscriptions. Still, some persons will persist in ordering the works through booksellers, which is not the way to obtain same, and certainly not at the rate we charge those who have the works direct from us. We wish attention paid to this notice, not only on our own account, but also for the sakes of intending purchasers. ARREARS.—We are sorry to say that some of our subscribers have got into arrears, notwithstanding our express notification that prepayment was requisite, and, what is still worse, they pay no attention to our frequent applications for payment. If this neglect continues we shall be compelled to stop the supply, and to notify their default. JU UST PUBLISHED, Price 1s., Gilt Edges, POEM ON SHAKSPEARE'S TERCENTENARY, by JOEL EMANUEL, Student at Law, dedicated to his friend, Jonas Jacobs, Esq.; forwarded to Subscribers to EXAMINATION CHRONICLE on receipt of Twelve Stamps, by the Author, Southampton. |