6 LAW WORKS FOR STUDENTS DREWRY'S FORMS OF CLAIMS AND DEFENCES. 1 vol., post 8ro., 9s. cloth. FORMS of CLAIMS and DEFENCES in CASES intended for the CHANCERY DIVISION of the HIGH COURT OF JUSTICE. With Notes, containing an Outline of the Law relating to each of the subjects treated, and an Appendix of Forms of Endorsement on the Writ of Summons. By C. STEWART DREWRY, of the Inner Temple, Esq., Barrister-at-Law, Author of "A Treatise on Injunctions," and of "Reports in Equity, temp. Kindersley, V.-C.," and other works. "The work is one likely to prove useful to the practitioner."-JUSTICE OF THE PEACE. "On the whole we can thoroughly recommend it to our readers."-LAW EXAMINATION JOURNAL. "He has proceeded in his work in the safest and most satisfactory manner. The forms thus introduced are concise and cannot fail to be very useful and welcome."-LAW MAGAZINE. "Mr. Drewry's plan of taking the facts for the forms from reported cases and adapting them to the new rules of pleading, seems the best that can be adopted. The forms we have looked at seem to be fairly correct."-SOLICITORS' JOURNAL. "To the younger members of the profession especially we cordially recommend the work.”— IRISH LAW TIMES. TROWER ON THE PREVALENCE OF EQUITY. A MANUAL of the PREVALENCE of EQUITY under Section 25 of "The amount of information contained in a compressed form within its pages is very considerable, and on the whole it appears to be accurate. The work has been carefully revised and is well and clearly printed."-Law TIMES. "The propositions are fairly worked out and substantiated by references. The author hopes that his pages may be useful to the common law branch of the profession which now finds itself called upon to apply the principles of Equity to practice. Mr. Trower's manual may save them some hunting in text books of Equity."-LAW JOURNAL. POWELL ON EVIDENCE.-Fourth Edition, by Cutler and Griffin. Post Sro., 18s. cloth, 228. calf. POWELL'S PRINCIPLES AND PRACTICE OF THE LAW OF This edition contains the alterations necessary to adapt it to the practice under the "The plan of the book is to give pretty frequently, and, as far as we can discover, in almost every chapter, a 'rule' of general application, and then to group the cases round it. These rules or axioms are printed in a distinctive type. The work has been pruned and remodelled by the light of the Judicature Acts. The authors give in an appendix the Indian Evidence Acts, with some Indian decisions thereupon, and occasionally notice these acts in the text. On the whole we think this a good edition of a good book. It brings down the cases to the latest date, and is constructed upon a model which we should like to see more generally adopted."-SOLICITORS' JOURNAL ON THE FOURTH EDITION. "The plan adopted is, we think, an admirable one for a concise handy-book on the subject. Such maxims as that hearsay is inadmissible,' are given at the head of the chapter in large type, and then follow the explanations. The Indian code of evidence given at the end of the book deserves to be read by every student, whether going to India or not. The few rules of the English law of evidence which are purely statutory are also given verbatim including the two orders of the Judicature Act, 1875, which appear to be correctly appreciated. The present form of Powell on Evidence is a handy, well printed and carefully prepared edition of a book of deserved reputation and authority."-LAW JOURNAL ON THE FOURTH EDITION. "We have received the Fourth Edition of Powell's Principles and Practice of the Law of Evidence, by Cutler and Griffin. We are informed in the preface that the results of the Judicature Acts as regards evidence have been duly noted, whilst the work itself has been rendered more comprehensive. It is an excellent summary of principles."-LAW TIMES ON THE FOURTH EDITION. "There is hardly any branch of the law of greater interest and importance, not only to the profession, but to the public at large, than the law of evidence. On this branch of the law, moreover, as well as on many others, important changes have been effected of recent years. We are, therefore, all the more inclined to welcome the appearance of the Fourth Edition of this valuable work."-LAW EXAMINATION JOURNAL ON THE FOURTH EDITION. PUBLISHED BY MESSES. BUTTERWORTH, 7, FLEET STREET, LONDON. ROBERTS'S PRINCIPLES OF EQUITY.-Third Edition. 8vo., 188. cloth. THE PRINCIPLES OF EQUITY, AS ADMINISTERED IN THE Supreme Court of Judicature and other Courts of Equitable Jurisdiction. By THOMAS ARCHIBALD ROBERTS, of the Middle Temple, Esq., Barrister-at-Law. Third Edition. "The author tells us in the preface to this edition that he wrote the first edition for Students, but that he has carefully revised the whole work, and enlarged it with short references to books and cases, so as to adapt it not only to the wants of Students, but also for the use of practitioners. The book is praiseworthy."-LAW TIMES. "The work is calculated to prove useful to the profession, but more especially to the student class of our readers, and we cordially recommend it to them."-LAW JOURNAL. 7 "This work, by a member of the Chancery Bar, will meet a want which must have been felt, by every student of equity since the passing of the. Judicature Acts. Mr. Roberts' work is more extensive than Mr. Smith's, as well as more readable. The body of the work is preceded by a table of statutes and a list of principal references and abbreviations, which should be consulted by the reader. The table of statutes is especially valuable."— LAW EXAMINATION JOURNAL, No. 31, April, 1877. FULTON'S MANUAL OF CONSTITUTIONAL HISTORY. A MANUAL of CONSTITUTIONAL HISTORY, founded upon the COOMBS' SOLICITORS' BOOKKEEPING. 1 vol. 8vo., 10s. 6d. cloth. A MANUAL of SOLICITORS' BOOKKEEPING: comprising practical exemplifications of a concise and simple plan of Double Entry, with Forms of Account and other books relating to Bills of Costs, Cash, &c., showing their operation, giving directions for keeping, posting and balancing them, and instructions for drawing Costs. Adapted for a large or small, sole or partnership business. By W. B. COOMBS, Law Accountant and Costs Draftsman. ORTOLAN'S ROMAN LAW, translated by Prichard and Nasmith. THE HISTORY OF ROMAN LAW, from the Text of ORTOLAN'S CUTLER AND GRIFFIN'S INDIAN CRIMINAL LAW. AN ANALYSIS of the INDIAN PENAL CODE; including the Indian Penal Code Amendment Act, 1870. By JOHN CUTLER, B.A., of Lincoln's Inn, Barristerat-Law, Professor of English Law and Jurisprudence, and Professor of Indian Jurisprudence at King's College, London, and EDMUND FULLER GRIFFIN, of Lincoln's Inn, Barrister-at-Law. BENHAM'S PRELIMINARY EXAMINATION JOURNAL. Now complete in 1 vol., containing the 18 numbers, and including all the Questions and Answers at the Preliminary Examinations from 1871 to 1875, bound in cloth, price 188. Nos. I. to XVIII., in 8vo., price 18. each, by post, 1s. 1d., may still be had of the same. PEARCE'S HISTORY OF THE INNS OF COURT. A GUIDE to the INNS OF COURT and CHANCERY: with Notices of their Ancient Discipline, Rules and Orders, and Customs, Readings, Moots, Masques, Revels and Entertainments; including an Account of the Eminent Men of the Four Learned and Honourable Societies-Lincoln's Inn, the Inner Temple, the Middle Temple, and Gray's Inn, &c. &c. By ROBERT R. PEARCE, Esq., of Gray's Inn, Barrister-at-Law. MOZLEY AND WHITELEY'S CONCISE LAW DICTIONARY. 1 vol. 8vo., 20s. cloth, 258. brown calf. A CONCISE LAW DICTIONARY, containing short and simple definitions 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 "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 praiseworthy performance, which deserves a place in the libraries both of the legal profession and of the general public."-IRISHI LAW TIMES. BOYLE'S PRÉCIS OF AN ACTION AT COMMON LAW. Just published, in Svo., 58. 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., 8s. 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 (JANUARY, 1884). 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.-Are the powers given by "The Settled Land Act, 1882," to tenants for life and other limited owners, in substitution for or in addition to any powers given to them by the settlement? And, in case of conflict between the provisions of the Act and those of the settlement, which prevail? 4.-The powers given by the Settled Land Act, 1882, to tenants for life and other limited owners are to be cumulative, that is, they are in addition to and not in substitution for any powers given to them by the settlement. But, in case of conflict between the provisions of a settlement and the provisions of the Act relative to any matter in respect whereof the tenant for life exercises or intends to exercise any power under the Act, the provisions of the Act are to prevail. (Stat. 45 & 46 Vict. c. 38, s. 56, sub-ss. 1, 2; Underhill on the Settled Land Act, pp. 41, 126, 127.) 2. Q.-A., who died before 1833, by his will bequeathed to trustees 10,000l. consols upon trust to sell and invest the proceeds in real estate, to be settled to the use of B., his eldest son, for life, with remainder to B.'s first and other sons in tail, with remainder to the use of C. (testator's second son) for life, with remainder to C.'s first and other sons in tail, with remainder to the use of testator's right heirs. No purchase of real estate was made, and the stock continued in the names of the trustees. B. received the dividends during his life, and died in 1840, a bachelor, and intestate. Thenceforth C. received the dividends during his life, and died in 1857, a bachelor, and intestate. Trace the devolution of the reversion of this "real estate fund" from the death of A. up to and upon the death of C. A.-During B.'s lifetime the reversion of the real estate fund is in B., who is the heir-at-law of A.; and after B.'s death until the death of C. the reversion is in C., who is heir of B. and next heir of A.; and after C.'s death the reversion, now falling into possession, will go to the next heir of A. (De Beauvoir v. De Beauvoir, 3 House of Lords Cases, 524.) As, however, the trusts for conversion have come to an end, the fund will be personal property in the hands of the heir. VOL. IV. 3 A 3. Q.-A testator by his will directs (a) certain copyholds to be sold by his executors; and devises (b) certain other copyholds to such uses as his trustees shall appoint, and in default of appointment to his trustees absolutely; and devises (c) the residue of his copyholds to the use of his trustees, upon certain trusts, with power of sale not to be exercised during the life of the tenant for life without his consent. What is the proper form of assurance for effectuating a sale in each of these cases, and is it necessary in either, and which of them, for the executors or trustees to be admitted? or can they convey direct to the purchaser, and entitle him to be admitted on payment of a single fine? A.-In case (a) the executors need not be admitted; all that is necessary on their part is to execute a bargain and sale to a purchaser._It was never necessary in such cases for the heir to concur in the sale. The purchaser, on the execution of the bargain and sale, will be entitled to admittance on payment of a single fine. (White v. Vitty, 2 Russell, 484, 496; Shelford on Copyholds, p. 106.) In case (b) the trustees need not be admitted, unless they appoint to themselves or desire to be admitted as beneficiaries under the terms of the will. All that is necessary is for the trustees to direct the lord to admit the appointee, and the appointee will be entitled to admission on payment of a single fine. (Glass v. Richardson, 9 Hare, 698; Scriven on Copyholds, 6th ed. p. 125.) In case (c) the trustees have the legal estate in the copyhold interest, and it is therefore necessary for them to be admitted and pay the fine; and if, with the consent of the tenant for life, or after his death, they desire to execute the power of sale, they must surrender to the use of the purchaser, by whom another fine will be payable on admittance. (Williams on Real Property, 14th ed. p. 398.) 4. Q.-By a settlement, made after 1834, land was limited to trustees during the life of A., the wife of B., upon trust to pay the rents to her for her separate use, with remainder after A.'s death to the use of her heirs. A. died, leaving B., her husband, an infant son, C., and an only brother, D., her surviving. C. died in infancy, leaving B. and D. surviving. Who on C.'s death became entitled to the property, and what is the rule governing the case? A.-As the trustees have an active trust to perform during the life of A., her estate is merely equitable, notwithstanding the Statute of Uses. Therefore the rule in Shelley's case does not apply, and C. takes as purchaser. But by virtue of the first clause of sect. 4 of the Inheritance Act, 1833 (stat. 3 & 4 Will. IV. c. 106), the descent must be traced from A. Therefore, on C.'s death, D. and not B. will be entitled to the property; the rule being that where any person shall have acquired any land by purchase under a limitation to the heirs, or to the heirs of the body, of any of his ancestors, contained in an assurance executed after 31st December, 1833, the descent shall be traced from the ancestor as the purchaser of such land. 5. Q.-A woman, entitled in reversion under the will of her father, dated in 1860, to a sum of 1,0007., married in January, 1882. No settlement was made on the marriage. She has been compelled to separate from her husband. Has she power, or can she by any and what means |