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from.-No. XI. relates to taking an account of the debts and liabilities of a deceased person under Sir G. Turner's Act, that is, without bill or summons. The latter cannot be had by the deceased's representatives, so that they have but a choice between a bill and Sir G. Turner's Act. The new Act enables the application to be made immediately, instead of waiting for twelve months, as formerly, and it may be made at chambers (p. 108).-With respect to Nos. XII. and XIII. (p. 108), the student will bear in mind that there is a distinction between demurring alone, and putting in a demurrer with an answer. As to stop orders, the answer to No. XIV. will afford full information, the reader bearing in mind that it is necessary where a fund in the Court of Chancery is dealt with by way of assignment, mortgage, or charge.

Passing to the questions on Conveyancing (p. 109-114), it is evident that there are several of a difficult character, and not at all suitable for the examination, such as No. I., relative to a bequest of residue to the testator's relations after a life interest to the testator's widow (p. 109)-No. II. as to the admittance of a stranger to a copyhold, with the mode of conferring a lawful title on him (p. 109). -No. VI. as to trust estates passing under a general devise (which was repeated at the last examination (p. 131).-No. VII. as to the transfer by a creditor to a third person of the right to his claim (pp. 110, 111).-No. IX. as to persons claiming under an entail male (p. 111).-No. X. as to the ownership of the sea shore (pp. 111, 112).—No. XIV. as to devises of leaseholds to heirs of the body, &c. (p. 113), and No. XV. as to covenants where trustees sell with the assent of the tenant for life. It will thus be seen that the larger number of the questions in this division were not proper to be put to the candidates.-No. IV. (p. 110) requires it to be known that lands in Kent are presumed to be of gavelkind tenure, and that by that tenure on an intestacy the lands go to all descendants and collaterals equally-not to the eldest of them. There are lands in Kent not of this tenure, for many have been, and are now frequently being disgavelled, i. e., brought to the ordinary tenure (see F. Bk., pp. 5, 6).—No. V. (p. 110) requires that it should be known that a devise to A. in fee or tail lapsed by his death before the testator, but that now, in the case of a devise in tail, it is otherwise if A. leave inheritable issue who are living at the testator's death. It should be remarked that our answer at p. 110 is not expressed so correctly as it might have been, for though it is true. the issue will take, yet the estate tail vested in the deceased ancestor by virtue of the words in the act, "as if the death of such person [ancestor] had happened immediately after the death of the This distinction is important with reference to debts, &c. ; as to whether the issue surviving the testator should be such

issue as was in existence at the death of the devisee (see Sugd. Wills, 107, 114; 2 Sugd. Vend., 260; Hay. Convey., 340, 4th ed.; Browell's Stats.,215, note)-No.VIII (p.111) relates to the necessity of a sixty years' title being shown on a sale, unless otherwise stipulated, which period is fixed with reference to the duration of life, and not with reference to the statutes of limitation or periods for bringing actions to recover land. It was an accidental circumstance that the periods were formerly coincident.-No. XI., as to an interesse termini, is not easily answered (p. 112). There is a present interesse termini and a future one: the former is where a common law lease takes effect immediately, but possession is not obtained; but as now the statute of uses executes a use, if a freeholder grant an immediate lease, there is no interesse termini; but otherwise it is where a leaseholder grants such a lease, as the statute of uses does not execute such use there must be a seisin, which can be only of a freehold interest. See a good explanation as to the necessity of entry by a lessee Bacon's Abr., Tit. Leases, M., and as to interesse termini, 1 Brod. and B., 248; 1 Tyrwh., 302. As to No. XII. (p. 112) relating to searches or inquiries for incumbrances or charges, it may be added that some persons search for recognisances by receivers and their sureties, and even for county court judgments. That it is not necessary to search for judgments further back than five years has been recognised in a very recent case. It must be borne in mind that it is only recently that Crown debts are required to be re-registered (1 L. C., N. S., 323, 328, 329; 22 & 23 Vic., c. 35, s. 22).

Some of the questions in Criminal Law are by much too abstruse, depending upon nice distinctions, such as between larceny, embezzlement, and false pretences. No. I. is one frequently given, and requiring a good memory, as to offences triable at the assizes and sessions respectively.-No. II. relates to the cases of larceny triable before justices where the offender is under and where he is above sixteen. In the former case the Acts of the 10 & 11 Vic., c. 82, and 13 & 14 Vic., c. 37, usually called the Juvenile Offenders' Acts, apply; in the latter case the Act in the 18 & 19 Vic., c. 126 (F. Bk., 334). This distinction is not fully adverted to in the answer at pp. 114, 115, and the reader had better make a reference to this explanation.-Nos. III. and IV. (p. 115), relative to the testimony of accomplices, and the admission in evidence of a witness's deposition, have been frequently asked before.-No. XII. relates to the stating a case for the opinion of a superior court on any point of law (not of fact) arising on summary proceedings. The reader will bear in mind that this is a recent improvement in the law (pp. 117, 118; Law Dict., 96-99).-No. XV. as to furnishing excursionists on a Sunday with wine or spirits between three and five o'clock p.m. depends on the language of the amending At (p. 118).

EXAMINATION EXPERIENCES.

WE experience more difficulty than we had expected in obtaining communications from successful and unsuccessful candidates at the examination. We trust, however, that time will make an improvement in this respect, and that at least some of our subscribers will, when their turns come, set a good example.

We have pleasure in inserting the following specimen of answers given at the examination, with the prefatory communication, and, as we have seen our correspondent, we can guarantee that the answers are what they purport to be. We should state that he has had more than ordinary opportunities of obtaining professional knowledge, and is, moreover, very intelligent.

The questions, with our answers, will be found ante, pp. 109-114.

To the Editor of the Examination Chronicle.

DEAR SIR,-Herewith I beg to forward you my answers to the Conveyancing questions of Easter Term last, which I have prepared for the use of the subscribers of your useful paper.

I have chosen Conveyancing because I found it the most difficult and important portion of the examination.

The answers are in substance the same as I gave, and I hope may, in some measure, be of assistance to your subscribers who are preparing for the examination.

I am, dear Sir,

Yours faithfully,

A SUCCESSFUL CANDIDATE.

EXAMINATION.

(EASTER TERM, 1861.)

ANSWERS TO CONVEYANCING QUESTIONS.

I. All the relations of the testator living at his death, within the third degree of the Statute of Distributions, will take under the description of relations.

There has been a recent decision, I believe, in accordance with this answer.

II.-If the person having the right surrender his right to the person admitted without right, the bad title will merge into the good, and, upon readmittance of the person so improperly admitted, he will have a perfect title.

III.-If one joint tenant releases his share to another joint tenant it will destroy the joint tenancy, and the effect of suca release would be that the parties would hold the estate in severalty, because it is essentially necessary that all joint tenants should hold under one and the same title.

IV. The legal presumption is, that all lands of inheritance in the county of Kent are of the custom of Gavelkind, unless the contrary is shown; and by that custom the lands descend, not to the eldest son, but to all the sons as joint tenants.

V. By the Wills Act, 7 Wm. IV., and 1 Vic., c. 24, the devise will not lapse, but the issue will take the estate.

VI.-Estates held by testator as trustee will pass under a residuary devise under the Wills Act, if no charge for payment of debts be annexed to the devise, but not of trust estates specifically devised.

VII. By assignment of the money containing a power of attorney to sue for and recover same in name of assignor, his executor, or administrator, and give valid and effectual receipts; notice of assignment must be given to person in possession of fund, and if same in court a stop order should be obtained.

VIII.-Unless the conditions of sale stipulate to the contrary, the purchaser is entitled to require a sixty years' title. The limit is fixed as being the average duration of human life.

IX. The land being given to the heirs male, the issue of the daughter cannot take under the devise, and the effect of the gift is that the estate will revert to the heirs of the donor.

X.-The ownership of the sea shore below high water mark is vested, as a general rule, in the Crown, excepting when the right of the Crown is granted to a manor, or otherwise disposed of.

XI.—Interesse termini is an interest or right of entry which a lessee has in land devised to him before actual possession.

XII. Search for Crown debts (which must, by 22 & 23 Vic., c. 35, be re-registered every five years) judgments (23 & 24 Vic., c. 38, requires writ of execution to be issued, registered, and put in force within three months to render registered judgments a valid charge), lis pendens, and county-court judgments; also, in registered counties those registers must be searched, and, if any incumbrances, they must be removed before completion of purchase.

If requisitions on title enquire for incumbrances and answer in negative, purchaser may delay making searches until eve of settlement.

XIII-It is the duty of the purchaser's solicitor to see that the duty payable under the Succession Duty Act, which is a first charge on the property, is paid, otherwise the purchaser would be liable to pay same.

XIV. An estate tail must have an estate of freehold to support it.

The effect of such a devise or gift would be, that it will operate as an absolute gift.

XV.

incumber.

The trustees only covenant that they have done no act to

The tenant for life will covenant for title, viz., good right to convey, for quiet enjoyment, freedom from incumbrances, and for further assurance.

He

We have been favoured with a communication from a candidate rejected at the Easter Term Examination, who, though objecting to have his own version of his " Experiences" printed, has permitted us to present them in our own way. This correspondent may be called A. He was articled whilst very young, in a country office of little business, and that chiefly Conveyancing, County Court, and magistrates' business. No other clerk was kept, but there was an office boy for the drudgery. A. was employed for four years in copying, serving writs, and minding the office, receiving no instruction from the principal, and, it appears, rarely reading any law books. accounts for this latter fact from his inability, by reason of the lack of practical experience, to comprehend either the doctrines or the practice of the law. He, however, confesses that idleness was at the bottom of it, and he was well pleased to have what he considered a legitimate excuse for not reading such "boring" matter as law. He says that about the end of his fourth year he began to have doubts whether he was pursuing the right course to enable him to live by his profession, or even to become a practising member of it, and this was strengthened by reading some of our remarks in the Law Chronicle, upon the folly of articled clerks neglecting to prepare for their examination, and for the practice of what is to be their future means of livelihood. He then wrote to us, requesting advice, and he is pleased to state that, having followed it to some extent, he was benefitted thereby, though, as we then stated would probably be the case, the previous neglect had been too great to leave much hope that he could pass at the end of a year from that time. In pursuance of that advice A. obtained, though with some difficulty, leave to pass his last year with his principal's town agent. Fortunately there was business of some extent carried on in the office, and this A. was prudent enough to attend to as much as possible, at the

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