2. Q.-For what object was the Statute of Uses passed? and state whether or no it failed of its direct object; and explain your answer to the entire question.

A.-The Statute of Uses was passed for the purpose of transferring uses into possession; in other words, to abolish the divergence between the legal and beneficial ownership, and the inconveniences arising therefrom. A man that had cause to sue for land, knew not against whom to bring his action, or who was the owner of it. The wife was defrauded of her thirds, the husband of his curtesy, the lord of his wardship, relief, heriot and escheat, the creditor of his "extent" for debt, and the tenant of his lease. The object of the statute was to make the person who was in actual beneficial possession the legal owner for all intents and purposes. The statute in many ways failed of its direct object, partly from the loose and inaccurate manner in which it was drawn, and partly from the technical and pedantic interpretations put upon it by the Courts of Law. It is generally said that the modern system of trusts is sufficient evidence of the failure of the statute. We cannot admit that this is so to the full extent, but we cannot argue the matter within the compass of a few lines. (I. 360-368; see also Mozley & Whiteley's Law Dict. pp. 466-468; Law Exam. Journal, No. 23, Vol. II., pp. 327-329.) 3. Q.-In what several ways may a release enure?

A.-(1) By way of enlarging an estate; (2) By way of passing an estate; (3) By way of passing a right; (4) By way of extinguishment. (I. 518-521.)

4. Q.-A testator seised in fee of Blackacre dies on the 1st July, 1836, and by his will says, "I devise Blackacre to A. B." A testator seised in fee of Whiteacre, dies on the 1st January, 1870, and by his will dated 30th December, 1869, says, "I devise Whiteacre to C. D." State what (if any) difference exists between these two cases; and give your reason.

A. Under the first devise A. B. will take only a life estate in Blackacre; but under the second devise C. D. will take an estate in fee simple in Whiteacre. For by the law prior to the 1st of January, 1838, it was held that a mere devise of land without words expressive of an intention to pass the fee would confer only a life estate; but by the 28th section of the Wills Act, a devise to a person without words of limitation is to be deemed to pass the whole fee simple. (I. 604, 605.)

5. Q.-What change has been made in the law with reference to apportionment of rent between the tenant for life and the remainderman, and what is the statute relating to the subject?

A.-Formerly the rent was not apportionable, but, if accruing due after the death of a tenant for life, was received by the remainderman for his own benefit. Now, by stat. 33 & 34 Vict. c. 35, known as the Apportionment Act, 1870, all rents and other periodical payments in the nature of income (whether reserved or made payable under an instrument in writing or otherwise) are to be considered as accruing from day to day, and to be apportionable in respect of time accordingly. (I. 258-260.)

6. Q.-Define an incorporeal chattel; and give an instance. 4.-An incorporeal chattel is a right or interest which devolves as personal estate, but is not tangible or corporeal; such as patent rights, copyrights, trade marks, personal annuities, stocks and shares. (II. 8.)

7. Q.-What is the distinction between a chose in action and a chose in possession? and give illustrations.

A.—A chose in action may be defined as a right not reduced into possession. A chose in possession is a personal chattel in actual possession. Thus, money due on a bond, or money at the bank, are choses in action; but a man's books and tables in his house are choses in possession. (II. 9—11.)

STEPHEN'S COMMENTARIES.-HEAD II.

8. Q.-A., the wife of B., is, at the time of her marriage, possessed of the lease of a house. B. dies, leaving his wife A. surviving him, but having by his will bequeathed all his leasehold property to his son C. To whom will the lease of the above house belong? Give the reason for

your answer.

A.-The lease will belong to the wife; for a man cannot validly dispose by will of his wife's leaseholds. (II. 263.)

9. Q.-John Smith was born at 10 p.m. on the 1st of January, 1850. On what day did he attain the age of 21 years? Give the reason for

your answer.

4.-On the 31st of December, 1870; the reason alleged being that the law in general allows no fraction of a day, or, as it may be expressed more clearly, the law often regards a fraction of a day as a whole day. (II. 302, 303.)

10. Q.-What is a libel, and what two remedies are there to redress the injury sustained by the publication of a libel?

A.-A libel may be defined to be some writing, picture, or the like, containing malicious and defamatory matter concerning some person. In the case of a published libel there are two remedies: the one criminal, by indictment or criminal information; the other civil, by action. (III. 389, 390.)

11. Q.-What alterations in the law have been made by "The Judicature Act, 1873," with reference to the rights and remedies of the assignee of a debt or other legal chose in action?

A.-By s. 25, sub-s. 5, it is provided that any absolute assignment under the hand of an assignee (not purporting to be by way of charge only) of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom such assignee would have been entitled to receive the same, shall be effectual in law to transfer the legal right thereto from the date of such notice, together with all the assignor's remedies. (III. 467.)

12. Q.-Referring to the maxim that “ Equity follows the Law," what is now the rule in all matters in which there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter?

4.-That the rules of equity shall prevail. (III. 468.)

13. Q.-Upon what ground did the Court of Chancery assume the jurisdiction of decreeing the specific performance of agreements, and to what class of contracts is this remedy, generally speaking, confined, and why?

A.-The grounds were that in equity that which ought to be done

shall be considered as being actually done, and at the time when it ought to have been done originally. This mode of relief is confined, generally speaking, to contracts of lands, it not being the ordinary practice in equity to enforce the specific performance of agreements relating to personalty; for the breach of those may, in general, be adequately redressed by an award of damages. (III. 476, 477.)

14. Q.-Within what period must an action be brought to recover money secured by way of mortgage, judgment, or lien, or otherwise charged upon or payable out of land, and is this rule subject to any, and, if so, what qualifications?

A.-Within twelve years next after a present right to receive the same shall have accrued to some person capable of giving a discharge or release of the same, unless, indeed, part of the principal money shall have been paid, or acknowledgment in writing given, and then only within twelve years after such payment or acknowledgment. (III. 489; Law Examination Journal, No. 38, Vol. III. pp. 331, 332; ante, p. 14, Q. 2.)

STEPHEN'S COMMENTARIES.-HEAD III.

15. Q.-Define a parish. How does it appear that as early as King Edgar's reign the kingdom had been divided into parishes? What was probably the origin of the existing boundaries of parishes?

In a

A.-A parish is a circuit of ground committed to the charge of one parson or vicar, or other minister having the cure of souls therein. law of King Edgar it is expressly provided that all tithes should be given to the mother church to which the parish belongs (dentur omnes decimæ primariæ ecclesiæ ad quam parochia pertinet). This proves that the kingdom was then divided into parishes. And it seems pretty clear and certain that the boundaries of parishes were originally ascertained by those of a manor or manors, since it very seldom happens that a manor extends itself over more parishes than one, though there are often many manors in one parish. ( 115-118; Mozley & Whiteley's Law Dict. pp. 293, 294.)

16. Q.-What are the mutual duties existing between the sovereign and the people of England? Give the purport of the Declaration of Rights contained in the statute 12 & 13 Wm. 3, c. 2, and of the Coronation Oath.

A. The mutual duties are those of protection and subjection. The purport of the Declaration of Rights contained in stat. 12 & 13 Will. 3, c. 2, is that the laws of England are the birthright of the people thereof, and that the kings and queens who ascend the throne ought to govern according to the said laws. And the purport of the Coronation Oath is that the king or queen will govern according to law, will execute justice with mercy, and will maintain the laws of God, the true profession of the gospel, and the Protestant reformed religion established according to law. (II. 396-400; Mozley & Whiteley's Law Dict. pp. 92, 93.)

17. Q.-What is an advowson? What is the difference between an advowson "appendant" and "in gross"?

A.-An advowson is the right of presentation to an ecclesiastical benefice. An advowson appendant is an advowson which is annexed to the possession of a manor, and passes by grant of the manor, as incident and appendant thereto, without the addition of any other words. But where

the property of the advowson has been once separated from the property of the manor by legal conveyance, it is called an advowson in gross, or at large, being annexed no longer to the manor or lands, but to the person of the owner. (II. 717-719; Mozley & Whiteley's Law Dict. p. 15.)

18. Q.-Who are generally liable at common law to keep in repair roads and bridges respectively? What is the remedy if they neglect to do so? What is a turnpike trust?

4. The parish is generally liable at common law to keep in repair any highway within its boundaries; but the burden of maintaining bridges is thrown, not on the parish, but on the county at large in which the bridge is situate. Any parish, county, or other party who is bound to repair either a road or a bridge, and who neglects the duty, is liable at common law to an indictment. A turnpike trust is a trust created by Act of Parliament by which the management of a turnpike road is vested for a term of years in trustees or commissioners, who are empowered by their Act to erect toll-gates, and to levy tolls from those who pass through, as a fund for defraying the expenses of repairs or improvements. (III. 130-134.)

19. Q.-What is the form of execution required to render a contract by a corporation aggregate binding, and are there any exceptions to the rule?

4. The ordinary form of execution is by fixing the common seal of the corporation to the contract. There are cases, however, in which convenience has introduced an exception to this rule. For example, a corporation may (through its head) give command to a bailiff to make a distress, or may retain a solicitor; and these acts need not be authenticated under the common seal. And it has been also held that an action will lie against a corporation on an executed contract of which it has received the benefit, although such contract was not under the common seal. (III. 11, 12. See also Plumptre on Contracts, pp. 42-46.)

20. Q.-In what way has the course of summary proceeding before a Court of Summary Jurisdiction been regulated by statute; and within what time must such proceedings be taken?

4.-The course of summary proceeding regulated by stat. 11 & 12 Vict. c. 43, one of the Acts known as Jervis's Acts, passed in 1848, is as follows:-1. A written information laid before a justice. 2. Summons by justice. 3. If summons disobeyed, warrant to apprehend the party charged. 4. Summons for attendance of witnesses. 5. Warrant of summons disobeyed. 6. Hearing before one or before two justices, according as may be required by the Act of Parliament under which the proceedings are taken. Subject to exceptions in special instances, proceedings must be taken within six calendar months from the time when the matter arose. (IV. 330-334.)

21. Q.-Give a brief statement of the principal enactments and improvements in the law passed and effected in the reign of Edward I.

A.-1. He established, confirmed and settled the Great Charter and charter of forests. 2. He limited the bounds of ecclesiastical jurisdiction, and required the ordinary, in taking possession of the goods of an intestate, to discharge the debts of the deceased. 3. He defined the limits of the Courts of King's Berch, Common Pleas, and Exchequer. 4. He

settled the boundaries of inferior Courts. 5. He abolished all arbitrary taxes and talliages. 6. He gave up the royal prerogative of sending mandates to interfere in private causes. 7. He settled the form, solemnities, and effect of fines. 8. He established a repository for the public records of the Kingdom. 9. He introduced the system of watch and ward for preserving the public peace. 10. He passed the Statute of Quia emptores. He introduced the writ of elegit, and allowed the charging of lands in a statute merchant. 12. He provided for the recovery of advowsons as temporal rights. 13. He passed statutes of mortmain. 14. He created estates tail. 15. He reduced all Wales to the subjection, not only of the Crown, but, in great measure, of the laws of England, an improvement which was afterwards thoroughly completed. (IV. 502-504.)

IV. REVIEW.

Précis of an Action at Common Law, showing at a Glance the Procedure under the Judicature Acts and Rules in an Action in the Queen's Bench, Common Pleas, and Exchequer Divisions of the High Court of Justice. By HERBERT E. BOYLE, Solicitor of the Supreme Court. London: Butterworths.

We learn from the Preface to this work that five years ago, while the author was preparing for his Final Examination, he felt the great want of some work relating to the proceedings in an action at Common Law, which, whilst being of small compass, would exhibit in a clear and striking manner the ordinary course of such an action from its commencement to its close; and upon a suggestion from Mr. Mark Knowles, of the Middle Temple, Barrister-at-Law, that such a work is still in great request among students, the author has determined to do his best to supply the want.

The steps in an action treated of by the author are the following:Writ of summons and indorsements thereon; concurrent writs; service of writ under various circumstances; renewal of writ; appearance; application for disclosure by solicitors or plaintiffs; amendment of writ; judgment in default of appearance; judgment under Bills of Exchange Act; 1855 (now abolished); judgment under Order XIV., and procedure under that Order; setting aside judgment by default; statement of claim; dismissal for want of prosecution; defendant's application for particulars, judgment for want of defence; payment into Court before defence; payment out to plaintiff; statement of defence; set-off or counterclaim; application by plaintiff to exclude counter-claim; discovery and inspection; amendment of pleadings; reply; demurrer; joinder of issue; application to change place of trial; notice of trial; notice of special jury; entry for trial; notice to produce and inspect; trial; motion for new trial; entry of judgment; execution; joinder of parties; addition of defendants; joinder of causes of action; application by defendant to confine or exclude causes of action; pleading generally; change of parties by marriage, death, &c.; discontinuance; questions of law stated in a special case for the opinion of the Court; evidence;