8

LAW WORKS FOR STUDENTS.

MOZLEY AND WHITELEY'S CONCISE LAW DICTIONARY.

1 vol. 8vo., 20s. cloth, 25s. brown calf,

A CONCISE LAW DICTIONARY, containing short and simple defini tions of the Terms used in the Law. By HERBERT NEWMAN MOZLEY, M.A., Fellow of King's College, Cambridge, and of Lincoln's Inn, Esq., and GEORGE CRISPE WHITELEY, M.A., Cantab, of the Middle Temple, Esq., Barristers-at-Law.

"This book is a great deal more modest in its views than the law dictionary we received a little while ago. Its main object is to explain briefly legal terms, both ancient and modern. In many cases, however, the authors have added a concise statement of the law. But as the work is intended both for lawyers and the public at large, it does not profess to give more than an outline of the doctrines referred to under the several headings. Having regard to this design, we think the work is well and carefully edited. It is exceedingly complete, not only giving terse explanations of legal phrases, but also notice of leading cases and short biographies of legal luminaries."-SOLICITORS' JOURNAL.

"This book contains a large mass of information more or less useful. A considerable amount both of labour and learning has evidently been expended upon it, and to the general public it may be recommended as a reliable and useful guide. Law students desirous of cramming will also find it acceptable."-LAW TIMES.

"Mr. Wharton's work, although it is brought down to a very recent period, is nevertheless so bulky and so costly that a more concise and

cheaper publication might well find favour in the eyes of the public. The authors of the above work do not profess to address themselves solely to the members of the legal profession, their object has been to produce a book which shall also be useful to the general public by giving clear yet concise explanations of the legal terms and phrases in past and present use, and we think they have satisfactorily performed their task."— JUSTICE OF THE PEACE.

"To have read this work through we do not pretend, but we have examined it partially yet not superficially, and so far as we have been able to judge it appears to be a praiseworthy performance. It should contain everything of value to be found in the other larger works, and it should be useful not merely to the legal profession but also to the general public. Now the work of Messrs. Mozley and Whiteley appears to fulfil those very conditions, and while it assists the lawyer will be no less useful to his client. On the whole, we repeat that the work is a praise worthy performance, which deserves a place in the libraries both of the legal profession and of the general public."-IRISH LAW TIMES.

BOYLE'S PRÉCIS OF AN ACTION AT COMMON LAW.

Just published, in Svo., 5s. cloth.

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 HERBEET E. BOYLE, Solicitor.

"In this little manual, Mr. Boyle has succeeded in exhibiting a succinct and lucid outline of all the ordinary proceedings in actions governed by the practice, under the English Judicature Acts and Orders, of what used to be called the common law courts. Taking the various steps of that procedure in their natural order, he summarises the orders of court relating to each, arranging them under distinct headings, and referring to authorities upon their construction and application. Students preparing for the Final Examination

certainly need a guide of this description, and Mr. Boyle has well supplied that need. Indeed, we do not remember having ever before seen the English procedure so well explained within so brief a compass."-IRISH LAW TIMES.

"A student who is ignorant of procedure, and desires to prepare for his Final Examination, will do well to procure Mr. Boyle's work, and to use it, not in substitution for, but as auxiliary to, the study of the Rules of the Supreme Court."-LAW EXAMINATION JOURNAL.

MOSELY'S ARTICLED CLERKS' HANDY-BOOK.-Second Edition by Bedford. 1 vol., post 8vo., 88, 6d. cloth.

MOSELY'S PRACTICAL HANDY-BOOK OF ELEMENTARY LAW; designed for the Use of Articled Clerks, with a Course of Study, and Hints on Reading for the Intermediate and Final Examinations. Second Edition by EDWARD HENSLOWE BEDFORD, Solicitor, Editor of the "Preliminary," "Intermediate," and "Final," &c., &c.

"Another book written for articled clerks, whom it will greatly assist for their examinations. It possesses the great merit of being the product of actual experience, and not merely theoretical instruc tion. The author appears to have done for himself while pursuing his studies as an articled clerk what he recommends others to do. Mr. Mosely presents to his readers a complete chart of study for each year of clerkship; the office work that should be learned, and the books that should be read; conclud ing with a chapter of hints how best to prepare for the final examinations. We can cordially commend this little volume to those apprentices to the law who are resolved to devote themselves to labour as the only sure pathway to success."-LAW TIMES.

THE LAW EXAMINATION JOURNAL

AND

LAW STUDENT'S MAGAZINE.

I. VOLUNTARY HONOURS EXAMINATION QUESTIONS AND ANSWERS (NOVEMBER, 1883).

A. What is now your age?

I.-Preliminary.

B. Where, and with whom, are you serving your clerkship?

II.-Principles of the Law of Real and Personal Property and the Practice of Conveyancing.

1. Q.-Define and give instances of powers-(a) collateral; (b) relating to the land; (c) appendant; (d) in gross; and state the distinction between them as regards their extinguishment or release.

A.-A power is an authority to dispose of any real or personal property independently of any estate or interest therein.

(a) A power collateral is an authority to deal with an estate no interest in which is vested in the donee of the power; as, for instance, a power in a settlement given to a stranger to revoke the uses of the settlement, and appoint new uses to other persons designated therein. (b) A power relating to the land is a power given to some person having an estate or interest in the land over which it is to be exercised. A power relating to the land is either appendant or in gross. (c) A power appendant is when the estate, created by its exercise, overreaches and affects the estate and interest of the donee of the power; thus, a power of leasing given to a tenant for life is appendant. (d) It is in gross when the estate so created is beyond and does not affect the estate or interest of the donee of the power: thus, a power of jointuring a wife given to a tenant for life is in gross. The rules as regards extinguishment and release are—(1) a power simply collateral cannot be extinguished or suspended by any act of the donee, or of any other person, with respect to the land; nor can it be released, where it is to be exercised for the benefit of some person other than the donee of the power; (2) powers appendant or in gross may be suspended or destroyed by the donee; (3) the grant of his estate by the donee of a power appendant will defeat the power only to this extent, that the power must not be exercised by the donee so as to defeat his previous grant. (Steph. Comm. 9th ed. vol. i. pp. 551, 552; Sugden on Powers, 8th ed. pp. 46-49; Farwell on Powers, pp. 8-27; Mozley and Whiteley's Law Dictionary, p. 316.)

2. Q.-What were the principal provisions of the Dower Act (3 & 4 Will. IV. c. 105)?

A.-It is provided by the Act that all dispositions by a husband of his land, whether absolute or partial, and whether by conveyance in his life

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time or by will, and all debts and incumbrances to which his land may be subject, are to be valid and effectual as against his widow's right to dower. Dower may also be barred under the Act by a simple declaration for that purpose, introduced into the deed by which land is conveyed to a husband, or into any deed executed by him, or into his last will and testament. On the other hand, the Act has granted a right of dower out of lands to which the husband had a right merely, without having had even a legal seisin; dower is also extended to equitable as well as legal estates of inheritance in possession, excepting of course estates in joint tenancy. (Steph. Comm. 9th ed. vol. i. p. 276; Williams on Real Property, 14th ed. pp. 250, 251; Mozley & Whiteley's Law Dictionary, p. 127.)

3. Q.-Land is devised to A. for life, with remainders to B. for life, and his first and other sons in tail, and in default of such issue of B. to such uses as A. should appoint. B. dies in A.'s lifetime without issue; A. subsequently dies without having exercised the power of appointment. Who is entitled to the land? What is the rule of law governing the point?

A. The devise to B. for life fails by the death of B. in the lifetime of A., the prior tenant for life; and the devise to B.'s first and other sons successively in tail fails in consequence of B. dying without issue. Lastly, A. does not exercise the power of appointment, which fails also.

The devises having failed. the land will, on A.'s death, go to the residuary devisee (if any) of the testator, for the rule of law enacted by the 25th section of the Wills Act (1 Vict. c. 26) is, that a devise which is incapable of taking effect is to be deemed included in the residuary devise (if any) contained in the will.

4. Q.-How is the right to present to a living governed when the advowson is vested (a) in joint tenants; (b) in tenants in common; (c) in co-parceners; (d) in a married woman? Has a tenant by the curtesy, or a widow entitled to dower, any right to present?

A.-(a) Joint-tenants must concur in a presentation, but, if they present different clerks, the bishop may admit any one of them, or refuse all. In the latter case, unless the joint tenants concur in the presentation, the bishop may, after six months, present by lapse. Joint tenants may, how ever, make a partition to present in turns. (b) As to tenants in common, if they cannot concur in a presentation, the right to present will be determined by lot. (c) When an advowson descends to co-parceners, and they cannot agree to present, the law gives the first presentation to the eldest, and Sir Edward Coke says, "this privilege shall descend to her issue; nay, her assignee shall have it, and so shall her husband that is tenant by the curtesy have it also." (d) During coverture the husband of a woman having an advowson in fee presents jointly with her in both their names, and after her death, if they had issue who might have inherited, he will present as tenant by the curtesy. And if he die during a vacancy without having presented, his executor, and not the heir of the wife, will have the presentation. Where a husband dies seised of an advowson which descends, the heir will have the next two presentations, and the widow the third, by virtue of her dower. (Tudor's L. C. R. P., 3rd ed. pp. 262264.) As regards married women, it would seem that now, under the 1st, 2nd and 5th sections of the Married Women's Property Act, 1882, if the parties have been married since the commencement of the Act (1st

Jan. 1883), or the advowson have been acquired by the married woman since that date. (See Mozley on the Married Women's Property Acts, pp. 24-29.)

5. Q.-It is desired to settle an estate, consisting partly of freeholds and partly of long leaseholds, in strict settlement. How can this best be effected with regard to the leaseholds?

A.—The leaseholds are conveyed to trustees upon trust, out of the rents and profits of the premises, to pay the rents and annual sums reserved by the lease or leases respectively, and to perform and observe the covenants therein contained, and, subject thereto, to hold the same upon the trusts and declarations before limited and declared respecting the freeholds, but not so as to increase or multiply charges or powers of charging, and so nevertheless that the said leasehold premises shall not vest absolutely in any person made tenant in tail of the freeholds until he should attain the age of twenty-one years. (Davidson's Precedents, 3rd ed. vol. iii. pp. 1130, 1131.)

6. Q.-A testator specifically bequeaths certain shares in a company. At his death it is found that the shares are, and were at the date of the will, deposited as a security for a debt due from the testator, and that they are also liable for a call made and payable during the testator's lifetime, and a further call payable since his death. What are the rights of the legatee in respect of the shares ?

A.-The legatee will be entitled to have the shares discharged of the debt for which they were deposited as security, and also of the call payable in the testator's lifetime, both of which will have to be paid out of the general personal estate of the deceased. This doctrine was formerly extended to calls made after the testator's death; but, according to recent decisions, any further calls made after the testator's death must be borne by the legatee of the shares. (Day v. Day, 1 Drewry & Smale, 261; Jarman on Wills, 4th ed. vol. ii. p. 633.)

7. Q.-A fund is settled in trust for such persons as the survivor of A. and B. shall by deed or will appoint. A., in the lifetime of B., by deed appoints in favour of C. B. subsequently dies in A.'s lifetime. How far is the appointment valid? What is the rule of law on the subject?

A.-The appointment is good, the rule being that a power presently given to a designated person, to be exercised upon a contingency, can be well executed before the contingency happens. Moreover, a power to the survivor of two or more persons, to appoint generally, includes a power to him to declare a trust for his own benefit, and may be exercised in favour of another, subject to the contingency. (Countess of Sutherland v. Northmore, 1 Dickens, 56; Lord Westbury in Thomas v. Jones, 1 De Gex, Jones & Smith, 79; Farwell on Powers, pp. 118, 119, 127, 128.)

8. Q.-A married woman, who died prior to January, 1883, by her will disposed of certain separate estate, and also, with her husband's consent, of certain property not her separate estate. Her husband died in her lifetime. How is her will affected by his death? and will it operate to pass property acquired by her after his death?

4. The husband's death will effect a revocation of his consent to his wife's will, so far as any such consent was necessary. In the result,

therefore, the wife's will will operate only upon her separate estate, and not upon the property not her separate estate, disposed of with her husband's consent. Moreover, the will, unless re-executed, will have no effect upon the property acquired by the testatrix after her husband's death. (Willock v. Noble, L. R. H. L. 7 Eng. & Ir. App. 580.)

9. Q. What constitutes an equitable assignment of a chose in action, and what are the requisites of such an assignment? Is the consent of the holder of the fund necessary?

A.-Any words which show an intention to appropriate the chose in action to the assignee are, if supported by a valuable consideration, sufficient to effect a valid assignment. The intention to create a charge or transfer must, however, be clear, and a mere promise to pay when the debtor or assignor receives the money is not sufficient. An equitable assignment is not complete until it is communicated to the assignee; but, if so communicated, it is complete as between assignor and assignee, though no notice thereof is given to the depositary or holder of the fund. But, to complete the security of the assignee, and to preserve his priority, it is necessary for him promptly to give notice of the assignment to the holder of the fund. In no case is the consent of the holder of the fund necessary for the completion of the assignment. (H. Arthur Smith on Equity, pp. 307-310; see also Roberts' Principles of Equity, 3rd ed. pp. 226-228.)

10. Q.-A sum of money is bequeathed in trust for a minor absolutely, to accumulate for twenty-one years, and then to be paid to him with the accumulations. What are the rights of the legatee?

A. The legatee is entitled, as soon as he comes of age, to be paid the fund with the accumulations up to that time, and he is not bound to wait till the end of the twenty-one years. But this claim may, in certain cases, be subject to deductions in respect of sums ordered by the Court to be expended in the maintenance and education of the legatee during his minority. (Havelock v. Havelock, In re Allan, L. R. 17 Ch. Div. 807.)

III.-The Principles of Law and Procedure in matters usually determined or administered in the Chancery Division of the High Court of Justice.

11. Q.-What is constructive notice? Illustrate by an example, and state how the doctrine has been restricted by recent legislation.

A., one of three trustees, executed an assignment to B. of leaseholds belonging to the trust estate, and forged the signatures of his co-trustees and the requisite assent of the cestui que trust to the sale. A. was a solicitor, and acted as such for B. Is B. affected by notice?

A.-Constructive notice is defined by Chief Baron Eyre in Plumb v. Fluitt (2 Anstruther, 438), as "evidence of notice, the presumptions of which are so violent that the Court will not allow even of its being controverted." (See also H. Arthur Smith on Equity, p. 280.) Constructive notice may also be defined generally to be notice imputed by construction of law; and it is generally held that whatever is sufficient to put any person of ordinary prudence on inquiry is constructive notice of everything to