interest. Can the power of sale be exercised, either by the trustees, or by the tenant for life under the powers of the Settled Land Act, 1882, or his vendee? Would the result be the same if the tenant for life had mortgaged his life interest?

4. In what several ways can an equitable mortgage be created? What rights as regards sale and foreclosure does it confer on a mortgagee?

5. What is the effect of a gift by will of real and personal estate to A for life, and if he die without issue to B? And of a gift of real and personal estate to A for life, and then to the heirs of his body, and if he die without issue to B?

6. Two partners, tenants in common of a house in which they carry on their business, mortgage their undivided moieties, and severally attorn tenant to the mortgagee, each at a rent equivalent to a moiety of the interest on the mortgage. Can the mortgagee distrain upon the partnership property for such rent? Give the grounds of your answer.

7. What powers of sale were conferred on executors by the Act of 22 & 23 Vict. c. 35, and how far do such powers extend to their representatives, or to an administratur cum testamento annexo?

8. A, in exercise of a power of appointment over a fund in favour of his children and issue, appoints a moiety of the fund to his daughter for life, and after her decease among her children born in A's lifetime as she should by deed or will appoint, and in default of appointment amongst her children equally, and in default of children to such persons as his daughter should by deed or will appoint. Are such limitations within the scope of the power, or to what extent do they exceed?

9. How far could aliens hold real and personal property prior to 1844, and what rights were conferred on them by the statutes of 7 & 8 Vict. c. 66, and 33 & 34 Vict. c. 14, respectively.

10. Can a solicitor uphold the purchase by, or mortgage to, himself of a client's interest in the subject matter of an action pendente lite at law or in equity?

II. THE PRINCIPLES OF LAW AND PROCEDURE IN MATTERS USUALLY DETERMINED OR ADMINISTERED IN THE CHANCERY DIVISION OF THE HIGH COURT OF JUSTICE.

11. Explain what is meant by saying that in election, compensation and not forfeiture is the rule. A testator having under a settlement power to appoint a fund amongst children, appoints a share to one son for life, with remainder as the son should by will appoint, and appoints the residue of the fund to other children. The son exercises the power of appointment by will. Does any case of election arise?

12. What is the rule in equity as to legacies of equal or unequal amounts given to the same legatee by the same or different instruments respectively? Is parol evidence admissible in any of such cases in opposition to the rule?

13. Is a trustee, under any and what circumstances, excusable for losses arising from the employment of agents in the trust business? Give a short account of any leading case recently decided on this point, and state the principle there laid down

14. A tenant for life under a settlement having power to appoint portions for younger children at such ages and times as he thought fit, appointed portions to such children in early infancy vested in præsenti. One child having died some years after, but under 21, the father applied to have such child's portion raised and paid to himself. Can the transaction be supported?

15. What is a demonstrative legacy, and how does it differ from other legacies? A testator bequeaths £100 to A, to be paid out of £500 owing on B's bond, and the rest of the fund to C. B is bankrupt in the testator's lifetime, and a dividend is paid to the testator. What will A and C take respectively?

16. A contract contains a condition for payment of a sum of money as liquidated damages for the breach of

stipulations of varied importance. State generally when such sum will be treated as a penalty, and when as damages, referring to any recent case on the point.

17. State the effect of the provisions in the Judicaturs Acts as to assignment of choses in action. Certain funde comprised in a settlement are assigned to A, who gives notice to the then trustees, who afterwards die or retire, and new trustees are appointed, who are not informed of the notice. A subsequent assignment is made to B, who gives notice to the new trustees. Is A or B entitled to priority?

18. What are, in the absence of agreement to the contrary, the rights and duties of a partner retiring from a firm and assigning the goodwill to the continuing partners in reference to commencing a similar business in competition and soliciting the old customers? Is the rule the same on the bankruptcy of a firm and the sale of the business by the trustee?

19. State shortly the steps which you think ought to be taken in a partition action, when it is desired to have the property sold, and some of the parties interested are infants and others out of the jurisdiction.

20. A person was appointed and acted as director of a limited company, the constitution of which required directors to hold a certain number of shares. He held no shares, but no other act of impropriety was proved against him. Can he be made liable on the winding-up of the company for any, and if so what damage?

IN

III. THE PRINCIPLES OF LAW AND PROCEDURE IN MATTERS USUALLY DETERMINED OR ADMINISTERED THE QUEEN'S BENCH DIVISION OF THE HIGH COURT OF JUSTICE, AND THE LAW AND PRACTICE OF BANKRUPTCY.

21. D and Co. are the bona fide holders of certain bank notes payable to bearer. The notes had been stolen by the person from whom they were received, who had altered the number of the notes with the object of preventing their being traced. Is this such a material alteration as will vitiate the notes, and so justify the bank in refusing payment? Refer if you can to any case on the subject.

22. A builds a wall on his land close to the edge of it. His neighbour B afterwards digs a well within a few feet of the wall, the consequence of which is that A's wall falls down. Is A entitled to maintain an action against B for injury done to the wall? Give reasons.

23. Give your opinion, with reasons, as to whether or not an action can be maintained by Mary Smith against John Jones for the £500 mentioned in the following document, John Jones having broken his promise by marrying someone else :

"I do hereby promise Mary Smith that I will not marry any person other than herself. If I do I agree to pay to her £500 within six months next after I marry any one else.-JOHN JONES."

24. A agrees verbally to sell to B, for an agreed price, the produce of a field of grass, to be cut by B when fit for cutting. A also agrees to sell to B, at an agreed price, the produce of a field of potatoes then ready for market, to be dug up by B. In both cases A, before any part of the price is paid or possession taken by B, re-sells to C, who pays higher prices. Can B successfully maintain an action against A for breach of contract in respect of both or either of the grass or potatoes? Give reasons.

25. A sells to B a gun. It turns out to be defective, and while being used by C (B's friend), explodes and injures him. Can C under any and what circumstances maintain an action against A either in contract or tort?

26. B engages C to perform at a theatre for a period of say six months. D induces C to break his agreement with B, and perform for him instead. Can B sue D for damages sustained by him in consequence of the breach of agreement by C, or is B's only remedy against C? Give reasons.

27. B takes his horse to a Horse Show by railway. By arrangement with the railway company, B is to be allowed to bring back his horse free of charge. At the end of the return journey the station master demands payment for the

carriage of the horse; B refuses to pay, and the station master detains him in custody until he finds out the mistake. B brings his action against the company for false imprisonment. Can he maintain it? Give reasons.

28. Assignee of a lease becomes bankrupt, and his trustee disclaims under the 23rd Section of the Bankruptcy Act, 1869, whereupon lessor brings an action against the original lessee for rent accrued since the commencement of the bankruptcy. Can he recover?

29. A liquidating debtor who has not obtained his discharge, orders certain goods from B. & Co., who send them to him in the belief that the order came from a firm whose name resembles that under which the debtor trades. The debtor's trustee claims the goods. Is he entitled to them as against B. & Co., or is he bound to return the goods to B. & Co,, who have found out their mistake and claim them back?

30. Statement of claim and counter-claim claiming a larger amount than that sued for by the plaintiff, who, without taking any further steps, discontinues his action. Does this discontinuance by the plaintiff put an end to the action, or is the defendant entitled to proceed with his counter-claim, and in what manner, if at all, without commencing a fresh action?

IV. THE PRINCIPLES OF LAW AND PROCEDURE IN MATTERS USUALLY DETERMINED OR ADMINISTERED IN THE PROBATE, DIVORCE, AND ADMIRALTY DIVISION OF THE HIGH COURT OF JUSTICE, ECCLESIASTICAL AND CRIMINAL LAW AND PRACTICE, AND PROCEEDINGS BEFORE JUSTICES OF THE PEACE.

31. When does the possession of stolen goods raise against the possessor a presumption that he was either the thief or the receiver, and how may the assumption be rebutted? Stolen goods are found in A's house. How far will this fact be relevant and evidence of A's guilt.

32. In what if any circumstances will a conspirator be held responsible-(1) for acts done by his co-conspirators before he joined the conspiracy; and (2) for acts done or words spoken by his conspirators in his absence?

33. A person is charged with an indictable offence and brought before a justice of the peace. What duties devolve upon the latter immediately after hearing all the evidence for the prosecution?

34. Enumerate the various conditions of circumstances in which the legal chain of executorship would be broken and a grant of administration with the will annexed be made.

35. Upon what general principles of law does the court act in dealing with an application for probate of a will in which alterations or interlineations have been made?

36. At the date of a decree of divorce the wife is entitled to a reversionary chose in action. What will be the legal position of the husband with reference to such chose in action? Point out how, if at all, your answer is in principle or result affected by the "Married Women's Property Act, 1882."

37. What, if any, obligation does a husband who institutes a suit for dissolution incur, according to the practice of the court, in connection with the wife's costs of defending the suit, and in what respect has the practice been altered by modern decisions.

38. What is the general rule as to a claim for salvage where the services rendered have been unsuccessful or insufficient, and what is the exception to it? Would the circumstances of a salvage being finally effected have any, and if so what, bearing upon the claim in the case of insufficient services?

39. Judgment is recovered in an action in rem in the Admiralty Division for an amount exceeding that for which bail has been given. What are the rights of the plaintiff as to the balance, and in what respect has his position been affected by the "Admiralty Court Act, 1861” (24 Vict. c. 10)?

40. What is the legal position of an incumbent as to the working of minerals and cutting of timber within the glebe?

DATES OF EXAMINATIONS DURING THE YEAR.-Preliminary, 12th July, and 24th and 25th October. Intermediate, 8th November. Final, 6th and 7th November. Bar Final, 16th, 17th, 18th, and 19th October.

Law Students' Societies.

[Reports of, and information as to Law Students' Societies, throughout the kingdom, will be inserted as far as space will permit, and secretaries are invited to communicate.-One condensed report of the whole month's proceedings should be forwarded.-Communications should reach the office of this Journal, if possible, not later than the 24th of each month.]

PRESTON LAW STUDENTS' SOCIETY.

The members of this society held their eleventh general meeting for the present session on Friday, June 10th, 1883, commencing at 7.30 p.m., when the chair was taken by Charles Fryer, Esq., solicitor. The periodical letter of Charles Kains-Jackson, Esq., the honorary secretary of the societies in the Union department of the United Law Students' Society of London to the secretaries and members of societies in union was read and freely criticised, a discussion on it following, in which several gentlemen took part. Five interesting legal queries were brought forward and considered, after which a debate took place on the motion, "That the defeat of the Affirmation Bill in the House of Commons is to be regretted." Messrs. J. Tomlinson and J. J. Ramsthorn argued in favour of the motion, and Messrs. W. T. Smith, W. Gillow, T. H. Clarke, and A. Bush debated on behalf of the other side. The openers having replied, the chairman summed up the arguments adduced in favour of each view of the motion, and then put it to the meeting, when the number of votes recorded for each side were equal. The usual vote of thanks to the chairman concluded the proceedings.

BIRMINGHAM LAW STUDENTS' SOCIETY. At an ordinary meeting of this society, held 20th June, 1883, E. Orford Smith, Esq., in the chair, debate on moot point No. 682-"That it would be for the public interest that the distinction between the professions of barrister and solicitor should be abolished" was discussed. Speakers in the affirmative, Messrs. A. Smith, Lawson Lewis, Ellis, Adcock, Ryland and O'Connor; negative, Messrs. Cochrane, Coley, Steere and Jelf. After the chairman had summed up, the motion was put and carried by a large majority.

STEPHEN'S LINE OF DESCENT IN RHYME.

1. Descent from the purchasers always we trace;
2. Thence the land shall, descend till the last of his race.
3. The purchaser's issue's preferred to their own,
And males before females shall take one by one:
The eldest takes first; but when females take any,
They take altogether, no matter how many.
4. As his issue shall stand in the purchaser's room,
Their issue for ever his place shall assume.

5. When the purchaser's issue are all of them dead,
The nearest live ancestor takes in their stead
In the line most preferred; but if issue appears
Of an ancestor nearer, they take as his heirs.
6. Amongst ancestors lineal (whos'ever they are)
The male to the female is always a bar;

Yet when all males shall fail in the male line paternal, And also all males in the male line maternal, The heirs of the more remote mother shall take, And the worthiest line soonest title shall make. 7. The ancestor's issue shall stand in his place, (As the purchaser's issue would do in his case); But regarding the purchaser, now in gradation, The whole blood's preferred to the half-blood relation. 8. And when all the heirs of the purchaser fail, The heirs of the one last entitled prevail.

PERCIVAL PAUL.

days. Certain members say that the day of the club has gone by, and that the rooms used by them could be applied to better purposes. There is a great deal of truth in this, and it has lately been growing evident that there must be some modification of the club's position. Unfortunately, however, the movement against the club has fallen into the hands of men who have treated it in an impolitic and unwise manner, for they have fallen foul of the Council, accused them of all sorts of evil motives, and generally have abused them right and left. In particular, lately, one gentleman has thought fit to issue an extraordinary pamphlet on the subject, which is very much to be condemned.

In this state of things, and having reference to the fact that the meeting was convened to consider a number of most erratic and idiotic resolutions, brought forward by the agitators who seemed to have become drunk with a certain measure of success and approbation which they had received in their agitation, the excitement may be somewhat imagined. Most sensible members, including we think, a majority of the Council, admit that the time has arrived for some modification in the club's position, yet, all having any respect to themselves and to the Council, to whom an undoubted debt of gratitude is in many respects due, hesitated to support men whose actions, as it were, cursed what righteousness there was in their proceedings. The ultimate result, as far as any one in the concluding uproar knew, was a victory for the moderate men, in a vote of confidence in the Council, and a request for it to be considered whether some modification of existing arrangements could not be made.

THE Law Students' Debating Society (London), held its annual dinner last month, and a very successful dinner too, there being about 90 present. Selling the tickets at a price exclusive of wine has no doubt produced the large attendance of the last three years; and, though very inconvenient, yet probably it is the best course, for there are so very many articled clerks, who will find 8s. 6d. for a ticket, where a guinea or 25s. chokes them off altogether.

THIS Debating Society has an old time-honoured custom of not choosing some great man as chairman for its dinners, but having as chairman some member of the Society; and, until the last three annual dinners, the idea has always been to take old members in their order as far as possible; a course much to be advocated, if the social idea of a member in the chair is a good one, for thereby is ensured an absence of formality, a feeling of friendship, and a connecting link between those who are active members and those who are passing away from that position, but who are yet known to the body of the members.

AT the last three dinners, however, some very ancient member has been unearthed and put in the chair, to pose, as it were, on a pedestal of his own, and lecture those before him. On this occasion a very old member, who, we believe, some 25 years ago had in his proper order filled the chair, occupied that place again. Through the glamour that usually exists in what has been and cannot be again, he spoke of his originally friendless days in London, of the fountain of friendship and kindred feeling he met with at this society when he became a member, and generally may be said to have put down all his worldly advantages to the accident of membership. In remarks hovering between pathos and bathos he even went on to say that the wives and sisters of members were his friends and friends of his children, &c., &c. We sat still and listened and wondered, and when at a later stage the chairman in another speech assured his hearers that though after dinner speeches usually proceeded from the stomach, yet his came from the heart, we thought to ourselves, what a beautiful thing to possess such a glowing heart!

BUT we are wandering from the point. What we want to say is what we ventured to hint at in a few remarks we made at this very dinner in responding to one of the toasts, viz., that we doubt the wisdom of digging up such very ancient members for chairmen, however interesting they may be to some as relics. It is quite true this last one was a Member of the Council of the Incorporated Law Society, and a most eminently respectable country member of the profession, but if we say that not more than one man in five present knew him before, we shall only be speaking the truth. He occupied the post presumably not as an eminent man but as a member of the society. We would strongly advise that the society should either adhere to its former practice of letting the chair be taken by old members somewhat in their proper order, or should else abandon that idea altogether, and place in the chair some outside man of eminence.

THE Complimentary dinner to Mr. Benjamin, Q.C., took place on the 30th June last, the Attorney-General presiding. The speeches throughout were graceful and complimentary, and it was a fitting and touching conclusion to a great career. It is stated that a last effort to draw Mr. Benjamin from his retirement was made last month by a Canadian suitor, who offered him Two thousand guineas to argue an appeal before the Judicial Committee of the Privy Council, but without success. This is as it should be-if a man openly professes to have retired, he should not stultify himself.

THE most important decision of Davis v. Burton: Blaiberg, claimant, as to the form of a bill of sale, and as to mode of reservation of interest, &c., under the Act of 1882, has been affirmed by the Court of Appeal.

MR. B. B. Ince, Q.C., after a close fight, has been returned member for Hastings in the Liberal interest. He is a son of Mr. Ince, publisher of the Law Journal; he was called to the bar in 1855, and took silk in 1875. If not a man of any great eloquence or peculiar legal attainments, he may at any rate be considered a genial gentleman of considerable common sense.

THE regulations of the Bar Committee have been approved at a general meeting, and the body is now complete.

IN Reg. v. Yate the Queen's Bench Division by three Judges to two has decided, that a proceeding by way of criminal information is not a criminal prosecution within the meaning of the Newspaper Libel and Registration Act, 1881 (44 & 45 Vict. c. 60), and does not require the fiat of the director of public prosecutions.

SOME people are particular with a vengeance. In the Law Journal for 21st July last, there is an advertisement for a young solicitor to take charge of a practice for a few months. Applicants are required to give two references, one of which is to be as to character to a Church of England or Nonconformist Minister. We wonder this highly Christian advertiser did not also state all applicants would be examined in their church catechism or in Dr. Watts' hymns. We hope he will get a good all round hypocrite, for this is just about what such an advertisement is likely to produce.

THE year's statutes will receive attention at our hands at the earliest possible moment, and an epitome will be published in these columns either next month or in October, according to circumstances.

THE average number of students postponed during the last four terms at the Solicitors' Final is nearly 29 per cent. as against 22 per cent. during the previous four terms. The average number postponed during the last four terms at the Intermediate is just over 29 per cent. as against 25 per cent. during the previous four terms. At the Final the proportions ploughed were as follows: November, 294 per cent.; January, 30 per cent.; April 31 per cent.; June, 23 per cent. At the Intermediate the proportions ploughed were as follows: November, 21 per cent.; January, 30 per cent.; April, 331 per cent.; June, 32 per cent. This shows, generally, an increase in strictness.

DURING the same four terms 268 candidates presented themselves for the Honours' Examination, of whom 67 only succeeded in obtaining honours, showing that 25 per cent. only were successful, and 75 per cent. failed in their design. These figures make the examination stand out as a pretty strict one.

Ir may be interesting to notice that 15 of the 67 successful ones at the Honours' Examination-that is nearly one-fourth-were pupils of the editor of this journal, and this number includes 3 out of the 4 first prizemen.

WE shall give some attention to the New Rules in these columns next month, and endeavour to advise and assist students thereon. There are 72 Orders, and these altogether comprise 1,045 rules, contained in 231 folio pages, exclusive of forms.

THE Annual Report of the Council of the Law Society contains this year so little of interest to students, that we have not published extracts from it as usual. It was adopted at a general meeting, held 13th July last.

Students' Casqs.

Ex parte Brooks, In re Fowler, 23 Ch. D, 261 (C.A.) The general public are entitled to assume that the furniture in a man's house belongs to him, although it is the custom of furniture dealers to let out furniture on a hiring and purchasing agreement for 3 years.

NOTES. In the case of ex parte Powell, 1 Ch. D., 501; 24 W. R., 378; 34 L. T. (N. S.), 224, a custom was proved for hotel-keepers to hire part of their furniture. A similar custom as to barges was proved in the case of coal merchants in Watson v. Peache, 1 Bing., N. C., 327, and in the above case an attempt was made to prove that it was customary for people to hire their furniture so as to support the contention that the furniture in the house of a trader, which had been purchased by a friend, did not pass to the trader's trustee in bankruptcy under the order and disposition clause of the Bankruptcy Act (sec. 15, sub-sec. 5).

NOTE in Robson's Bankruptcy, 4th edition, p. 508; Baldwin, 3rd edition, p. 144.

In re Gold Hill Mines, 23 Ch. D., 210 (C.A.) Where a petition for winding up a Company is improperly filed the Court has jurisdiction on motion to stay all proceedings on the petition, or to dismiss it. NOTE in Eustace Smith's Summary of Companies' Law, 2nd edition, p. 58.

In re Payne, Randle v. Payne, 23 Ch. D., 288. A married woman brought an action by her next friend; an order was made that the next friend should give security for costs, and on his non-compliance with that order the action was dismissed with costs.

The Plaintiff then brought a second action by a new next friend. The Court of Appeal decided (reversing the decision of Vice-Chancellor Bacon), that the second action ought to be stayed until the costs in the first action had been paid.

NOTE in Indermaur's Manual of Practice, 2nd edition,

p. 34.