party the better equity, the possession of the title deeds is a very material one. But if after a close examination of all the matters there appears nothing to give to the one a better equity than the other, then, and then only, resort must be had to the maxim, Qui prior est tempore prior est jure, and priority of time then gives the better equity."

SOLICITOR.-Refusing to proceed with suit without money.— A solicitor to a plaintiff in a Chancery suit may, by a proper notice, lawfully refuse to proceed any further unless supplied with money by the client. In such case, however, the solicitor will be considered to have discharged himself, and cannot insist on retaining the papers upon which he has a lien, but will be ordered to deliver up the papers in the cause to the new solicitor, upon the latter undertaking to proceed with due diligence, and to hold the papers subject to the old solicitor's lien thereon. (2 Dan. Pract. 1746, 2nd edit.; Colegrave v. Manley, Turn. and Russ. 400; Heslop v. Metcalfe, 3 Myl. and Cr. 187; Cane v. Martin, 2 Beav. 584; Rawlinson v. Moss, 9 Week Rep. 733, 4 Law Tim., N.S., 619, Wilson v. Emmett, 19 Beav., 233. Is evident that the real value of the lien is destroyed, but the Courts have no mercy on solicitors, and V. C. Kindersley has applied the practice to a case where, by reason of an order to change the solicitor having been obtained, it was considered the client had discharged the solicitor. (Webster v. Le Hunt, 9 Week Rep. 804; see p. 827 as to the times for delivery of papers and of their return.)

MOOT POINT.

No. 66.-Assets.-Sale for payment of debts.-A dies intestate without issue, leaving B. his wife, who administers to his effects, but A.'s eldest brother C. is dissatisfied with her mode of dealing with the estate, and takes out an administration summons, and the estate is then managed under the direction of the Court, and the personal effects sold, and the proceeds paid into Court. When the costs of the administration are paid, it appears there is no balance to pay A.'s simple contract debts, and the real estate must next be looked to, to satisfy the claims. A. had customaryhold premises in mortgage at the time of his death, to which on account of his name not appearing on the Court Rolls his eldest brother C became entitled, without the widow being able to claim dower. C also inherited some freehold property, out of which the widow B receives dower. The question now is, which part of the property must be sold to satisfy A.'s debts. B. contends the customaryhold, so that her dower may not be lessened and C. holds the contrary.-E. WARRINER, Kendal.

MOOT POINTS.

No. 76,-Lease-Limited power of assignment.-The lessee of a term for 999 years covenanted that he would not assign the term to any but the LCompany. The term was assigned to such company, who intended to assign it over to another person. Have the company power to do this without the lessor's consent?-GEO. CRUMBIE, 31, High Petergate, York.

No. 68.-Contract-Cartes de visite.-A. (a bookseller) at B.'s request forwarded a number of cartes de visite of celebrated characters to B. by post, requesting him to send them back by return if not required. A not having heard from B. for some time, wrote desiring him to return them at once, and B. replied that they were so returned, unapproved of, to A. two days after they were received by him, and that they must have miscarried. Is B. liable for their value, and would he have been liable if he had sent them back by return, as desired; also would it have made any difference if the cartes de visite had been forwarded by A., without his having been requested to do so by B.?-GEO. CRUMBIE, 31, High Petergate, York.

No. 69.-Contract - Money lent for betting purposes.-A., wishing to back a certain horse in a late race, borrowed of his friend B. £50, which sum was to be repaid within six weeks. A. now refuses to refund the money, though he admits the loan. Can B. recover the amount lent, he having been aware for what

purpose the money was to be applied?-GEO. CRUMBIE, 31, High Petergate, York.

No. 70.-Judgment-Bill of exchange.-A. signed judgment in March, 1864, against B., in default of appearance to a writ specially endorsed, but did not proceed to execution. A. subsequently took a bill of exchange of B. for the amount of the debt and costs, payable six months after date, and which time expired a few weeks since; the bill was not, however, taken up. Can A. now issue execution, or must he commence a fresh action against B. under the Bills of Exchange Act?-GEO. CRUMBIE, 31, High Petergate, York.

No. 71.-Descent-Coparceners.-A., who has been dead several years, devised his real estate to trustees, upon trust to pay a moiety of the income thereof to his widow for life, and the other moiety to his son for life, and on the death of either of them the income to be wholly paid to the survivor for life, and on the death of the survivor such real estate to be divided equally amongst the children of his son. The son died a year ago, a bachelor, and intestate; the widow died after the son. The testator had several daughters, some of whom died since his decease, leaving issue. Will such issue of the deceased daughters be entitled to the shares which their mothers would have been entitled to if they had been living at the death of the son?-GEO. CRUMBIE, 31, High Petergate, York.

EXAMINATION STUDIES.
(Trinity Term, 1865.)

[Concluded from p. 297.]

EQUITY.-The questions and answers in this division were given ante, pp. 178-180. With respect to No. I. (p. 177), it is to be assumed that the examiners were referring to an agreement relating to an interest in land, or otherwise requiring to be in writing; and as to that part of the answer which refers to an exception in the case of the agreement being admitted, and the statute of frauds not being set up as a bar, we may refer the reader to the recent case of Jackson v. Oglander (13 Law Tim., N.S., 17). As to No. II. (p. 177), it may be added that the defendant cannot make the application, it having been decided that a defendant to a vendor's suit for specific performance cannot move for a reference as to title (Reed v. Dom Pedro and Co., 9 Law Tim., N.S., 132). None of the other questions and answers call for any remark or addition.

CHAMBER JOTTINGS.

Conveyance by wife to husband.—A husband whose wife was entitled to an estate of inheritance in fee simple in freehold lands, desired to purchase the inheritance from his wife, paying the purchase-money to a trustee for her. The wife was the only granting party, but it was stated that she made the assurance (which was acknowledged by her) with the concurrence of her husband; the grantee was the wife's trustee, who, however, was merely a grantee to the use of the husband in fee. An objection has been taken to the title of the husband, who has contracted to sell the lands, inasmuch as it is alleged that he ought to have been a granting party in the conveyance by his wife in respect of the estate for life which he had in right of his wife. (It did not appear whether or not there had been issue of the mar riage.) To this it was replied that the non-joinder of the husband in his wife's conveyance as a granting party was unimportant, for either his life estate was merged in the fee which he took under his wife's conveyance, or it was subsisting, and in either case the husband was in a position to give the purchaser the fee simple, and could therefore make a good title.

A STUDENT. The books for the Intermediate Examination, 1866, are those mentioned ante, p. 245.

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