veniently ascertainable number of lives in being and twenty-one years after, with a further period, if required, for birth of a child en ventre at the end of that period. The doctrine does not apply in this case To A. for life, remainder to such of his children as shall attain thirty, because the remainder must vest at the death of A. under the learning of remainders. To A. in tail, with remainder in case B. shall die without heirs to C, because A. can bar the remainder, and thus prevent the inconvenience of deferred vesting. It applies where there is a term preceding an estate tail, which is indestructible by the tenant in tail. Also to all those cases where objects arise and are ready to take within the period, but who, at the execution of the instrument, might not have been so. The application of the rule is immediately upon the execution of the deed, and does not wait till it is ascertained whether objects will or not arise within the period.

QUEST.-Does any, and what difference exist in the construction and technical efficacy of deeds and wills?

ANS. To a certain extent the construction of both instruments agrees, but in deeds it is restrained to the intentim as expressed, whilst in wills the intention may be sought out by an investigation of the circumstances of the testator and his estate. The question on a will is what did the testator mean to express by the words he used, and in a deed what do the words expressed effect in law. In wills and, à fortiori, in deeds the intentim must be such as the law can work with, as, although it be clear enough that a testator intended his estate to remain in his family for all generations, yet the law, working not with such intention, defeats it.

QUEST. What alterations were introduced by the "Inheritance Act" of 3 & 4 Will. IV., in regard to limitations, by deeds, or by will to the heirs general of a person?

ANS.-The Act of 3 & 4 Will. IV., cap. 104, enabled a devisor or settler to constitute his heirs purchasers, and thus place them on a level with devisees and strangers in blood. The rule before the statutes was that a title by descent was a better title, and, therefore, to be preferred, but as a descended estate had become liable to answer specialities in which heirs were named before estates devised, the title by descent had acquired unfavourable contingencies, not compensated by the benefit under the old feudal law.

QUEST.-In what different ways may the question, Whether a deed is made for a consideration, be material?

ANS.-It may be material in the event of the deed being tested by the provisions of the statutes 13 & 27 Eliz., as to creditors and purchasers, when, if without good consideration (which means

valuable), it would become liable to the claims of creditors, or be postponed to the extent of any alienation made by the settlor, such as a mortgage or sale, with or without notice. Also, in the event of the settlor's bankruptcy, when it would fail. Also on a proof under an administration of assets by the Court of Chancery, when it would be postponed, even to simple contract debts.

QUEST.-In what particulars do the offices, rights, and powers of executors and administrators differ.

ANS. They differ in this, that an executor derives his power under the will evidenced by grant of probate, whilst an administrator derives his authority entirely from the Ecclesiastical Court. An executor may do various acts before probate is granted to him, such as commencing an action and continuing it to declaration, when he is stopped for lack of ability to make profert of letters testamentary -releasing debts and collecting them. The administrator has no power at all, and is a mere stranger until clothed with an administration, though a retrospective effect is given to his acts thereby.

QUEST.-What is the law in different cases under statutes for the limitation of actions and suits concerning rights to real property? ANS.-These Acts are the 2 & 3 Will. IV., 3 & 4 Will. IV., superseding the old statutes of Henry and James as to real property. Land (meaning what the Act declares it) cannot be recovered beyond twenty years after the right has accrued originally or derivatively, with a further period of ten years to allow for the removal of disability, of infants, idiots, lunatics, and married women (but not imprisonment, as in old statute). Forty years is, however, the utmost length of time, even with a succession of disabilities. If tenant in tail be barred by the statute, all whom he might have barred are included in him. Bar to a particular estate bars any right in remainder or reversion to same party, unless recovery be effected by owner of intermediate estate. Bar may operate against a particular estate, though not against remainder man, ex. gr., where a lease granted by tenant for life, and rent is received adversely to him. With regard to church property the periods are generally two incumbencies and three years of a third, or sixty years and one hundred years as a total period. As to prescriptive rights, thirty years prevents showing how they were previously held, and sixty years is a complete bar. Rights of way twenty and forty years, but, if the statute will not effect a good title against all, it does not run.

QUEST.-What is the effect of a trust for sale of land or investment of money in land in a will in giving rights to the

heir at law or next of kin of the testator, and do such rights vest in them as personalty or as real estate?

ANS.-The effect of a trust for sale or purchase of land is an equitable conversion of the money into land. As to money-land, the heir takes it, and as to land-money, it goes to the next of kin. When vested in those parties it retains or loses its converted character, as they, by their acts, elect to take it.

QUEST.-In what different ways may a joint tenancy be severed? ANS.-By a compulsory partition; by an amicable one; by an alienation to a stranger to the extent of the alienation.

QUEST.-When is evidence admissible to remove or explain ambiguity or uncertainty arising upon a Will ?

ANS.-When the uncertainty or ambiguity is apparent on the will, or the circumstances of the testator or his estate, or of the devisee or legatee, raise an ambiguity or uncertainty not otherwise apparent.

QUEST.-In what respects does a specialty differ from a simple contract?

ANS.-A specialty differs from a simple contract by being under seal, and in giving different rights. A simple contract depends upon consideration, whilst the solemnity of a deed renders consideration unnecessary, except in cases of restraint of trade, &c. Specialties, binding the heir, also differ materially from simple contract, as they give a right of action against the heir and devisee to the extent of benefits descended or devised. Under 3 & 4 Will. IV., real estate, not charged by a testator with his debts, forms equitable assets for both specialty and simple contract, giving the priority to heirbinding specialties.

QUEST.-In what different cases does the doctrine of "estoppel" have application?

ANS.-Estoppel applies in those cases where the party, by his own solemn statement, precludes himself from denying the effect of that statement. It must be at law by deed, and to have its full effect no interest must pass upon which the deed could then operate, or any allegations which are inconsistent with the effect an estoppel would produce. So forcible is its effect that a party might have his own land leased to him at a rent, and be estopped from denying or disputing his landlord's title.

QUEST.-What are the rights of the husband in his wife's freeholds, chattels real and chattels personal, and what is the effect of his sole or their joint disposition thereof}

ANS.-The husband's right in his wife's freeholds of inheritance is to be tenant by the curtesy if he have issue by her who might inherit. As to freeholds not of inheritance, he is tenant for their joint lives. He may, with his wife, lease for twenty-one years, under 32 Henry VIII. They may dispose absolutely under 3 & 4 Will. IV., c. 74, with the solemnities therein mentioned, as to an examination by commissioners. As to chattels real, if the husband, even alone, actually aliens them, he bars his wife's right by survivorship, but semble it must be an actual assignment, and not resting on contract only, on the principle of Elwin v. Williams, 13 Sim., Ashby v. Ashby, 1 Coll. As to a trust of chattels real, he cannot alien them to bar a surviving wife, Sir Edward Turner's case being tacitly overruled by Sturges v. Champneys on appeal, and Hanson v. Keating, 4 Hare. As to chattels personal, if he actually realise them, the wife is barred. If he do not actually reduce them into possession there is no means by which he can bar the wife's right on survivorship, whether they be possessory or reversionary (Whittle v. Henning, overruling Hall v. Hugonin).

QUEST.-Explain and disprove the doctrine of scintilla juris.

ANS.-The doctrine of scintilla juris arose from the necessity for uses being fed out of the seisin of the releasee to uses, and therefore requiring a continuing seisin to serve such uses as are not immediately executed into legal estates by the statute. I am unable to disprove the doctrine, resting upon the basis it does, and can only reply that the doctrine is "got over" by considering that contingent uses are immediately executed into contingent legal estates. Again, it is disregarded in practice even by those who contend for it, as no one considers it necessary to inquire after the releasee to uses when any of the uses are executed.

QUEST.-What are the requisites for the operation of "merger," and to what different species of property does the doctrine apply t

ANS.-Merger is attracted by the union, in the same individual, by his own act, of two estates of the same quality, the latter of which is larger than the former. If the estates unite by law there is no merger if it would operate prejudicially to the party. There is also an operation similar to merger by a term, on accepting a new term, which, though of less extent than the first, effects a quasi merger (Hughes •. Robotham, Cro. Eliz.).

QUEST.-State various instances of contracts held illegal.

ANS.-In restraint of trade, where, without consideration, or larger than may be required for the protection of the party purchasing; for purchase of the presentation to a vacant incumbency for vacating an incumbency on request; for an original loan of money on land at interest exceeding 5 per cent; on a Sunday, in the way of a person's business; and in contravention of statutes intended to prevent the doing of the Act specified.

ARTICLED CLERKS.

Decennial Clerks-Registering articles, assignments, commissions, &c.-Employments and offices by articled clerks-Delays in serving process by solicitors having several offices-Admiralty commissionsPreliminary and intermediate examinations-[ante, pp. 172-177].

THE last Annual Report of the Council of the Incorporated Law Society contains some matters peculiarly affecting articled clerks, and also some of interest to practitioners; and we, therefore, present the same for the perusal of our subscribers :—

Decennial Clerks.-In order to ascertain the qualifications of clerks applying to be examined and admitted under the 4th section who have served three years only under articles, after a ten years' antecedent service in the transaction and performance of business usually transacted and performed by attorneys or solicitors, the examiners have issued an additional set of questions as to the nature of the business transacted during such antecedent clerkship. During the four terms which have elapsed since the Act passed, thirty-eight candidates have claimed the privilege given by the 4th section, and of these thirty-three were examined and passed. In the course of the four terms no less than thirty-nine candidates whose articles expired in vacation have availed themselves of the privilege conferred by the 12th section of being examined in the preceding

term.

Articles of Clerkship.-It is very material to notice that, under the 7th section, articles of clerkship and assignments within three months after enrolment in one of the Courts are to be produced to the registrar of attorneys, who is to enter the names of the parties and date of the contract on the register, otherwise the service will be reckoned only from the time of such production, unless the Court or a judge shall otherwise order. [From the passing of the Act in August last to the present time, the number of articles of