should be given the same day, if the parties reside in the same place, and, if not, by post the same evening.

2. The action must be brought within six calendar months after bill due, and, if payable on demand, time will run from its date. Defendant may, within the twelve days limited for his appearance, obtain leave to appear on application at Judges' Chambers, Serjeant's Inn, on an affidavit showing a good cause of defence to the action on the merits, or generally that it is just that defendant should be allowed to appear, as where the affidavit states that the bill was for accommodation only, or that it was obtained by fraud, or defendant may deposit the amount.

3. By a written demand to the debtor requiring payment at a certain time, and giving notice that, if not then paid, interest will be charged.

4. A set-off is a claim which a defendant sued may have against the plaintiff. The claim to be the subject of set-off must be by and between the same parties, and in the same rights. It should be a liquidated demand, and not merely one sounding in damages, and should be a legal demand. An executor sued for a debt of his testator cannot set off a claim against the plaintiff which he has in his own right.

5. Both a foreigner and a British subject may be so sued. The cause of action should have arisen within the jurisdiction.

6. No contract for sale of goods, wares, and merchandise, by the statute of frauds, for the price, by a subsequent Act altered to the value, of £10 and upwards, is valid, unless the agreement, or some memorandum, or note thereof be in writing, signed by the person charged thereby, or his lawfully authorised agent, unless the buyer shall accept part of the goods sold and actually receive the same, or make part payment, or give something in earnest to bind the bargain.

7. The action should be brought against the husband and wife jointly. If she die before action brought the husband is not liable, at least beyond what may come to him as her administrator.

8. Actions on specialties must be brought within twenty years, and actions on simple contracts within six years after cause of action arose. Where, when cause of action arose, plaintiff is under disability, such as infancy, coverture, lunacy, but not (by 19 & 20 Vic. c. 97) imprisonment, or absence beyond seas, and where defendant is beyond seas, a further period is allowed. By above cited Act absence beyond seas of a co-contractor does not prevent statute running in favour of his co-contractor not beyond seas, and no part of the United Kingdom, or Channel Islands, or Isle of Man, is to be deemed beyond

seas.

9. The process server must call at defendant's residence and ask

when he will be at home, or where he may be found, and state the object of his call, and make an appointment to call at a certain hour on a subsequent day, and then call accordingly and leave a copy of the writ, showing the original to the person he sees, and directing that the copy should be given to defendant. It is advisable to take the name of the person served. If defendant does not then appear the process server must make an affidavit of the facts, accompanied with a copy of the writ, and state that he believes the writ has come to defendant's knowledge, or that he wilfully evades service thereof. Application should then be made to a judge at chambers, who, if satisfied, may grant leave to proceed as if personal service effected.

10. Ordinary notice of trial ten days, and short notice four days. 11. Defendant must appear within sixteen days after service, which, in case of a vacant possession, may be by fixing copy of writ on door of building; or, if no building, on other conspicuous part of the premises to be recovered.

12. Under the authority of the C. L. P. Act, 1854, such an action may be referred to an officer of the Court, or other fit person. 13. Where a person has money or goods in his possession, for which another person has brought an action, and a third person claims such money or goods, the defendant may force such third person to interplead and prove his claim, or be debarred as against such defendant. The 23 & 24 Vic. c. 126, gives considerable facilities for this procedure, which may be by summons at chambers, and in small cases the judge's decision is summary. Relief may also be had in cases where the titles of claimants have not a common origin, or are not derived the one from the other, which formerly was not the case.

14. Judgment may be signed within eight days after service, inclusive of day of service, and execution issued at expiration of eight days from the last day for appearance, that is, sixteen days from service.

15. The following is an illustration where acceptor of a bill of exchange is sued by an indorsee, and pleads that he had no consideration, the plaintiff may demur, as by defendant's own showing on the pleadings he would have no defence as against the indorsee, and he ought to have pleaded some circumstance affecting the indorsee with notice.

Demurrers are confined to matters of law as opposed to matters of fact.

CONVEYANCING.

[Vol. I., pp. 127-133.]

1. THE timber and minerals on the wastes belong to the lord. Timber and minerals on copyholds belong to the lord in a qualified

way, as the tenant cannot cut trees or work mines without license, nor can the lord without compensating the tenant.

2. Previously to the Act the estate would have descended to the sister; but since the Act to the father. The half-blood was not inheritable under the old law.

3. Under the fines and recoveries act the money may be treated as land, and a disentailing deed executed by B., with the consent of A., who must acknowledge the deed, which must be enrolled in Chancery within six calendar months.

4. Release of part of land subject to a rent charge or judgment will not now prevent remedies against other parts of land unreleased; but rights of persons interested not concurring in the release are reserved. Mr. Hunter, in his treatise on the Act, throws great doubts as to the practical working of this.

He

5. As to real and copyhold estates in possession the husband is entitled to rents during coverture; and as to estates of inheritance, if he have issue by her born alive, who might by possibility have inherited, he is also entitled to an estate therein, by the curtesy of England, after her death for his own life; but, otherwise, no incumbrance of his can affect her unless she concurs. Aş to her leaseholds, he may dispose of them wholly or partially, though any interest left at his decease will survive to her. is also entitled absolutely to her personal property in possession, and to her choses in action on reducing them into possession; though, if he does not reduce them into possession during his life, she will take by survivorship regardless of any alienation, or incumbrance by him. Mr. Malins' Act provides that wife's reversionary property may be disposed of by the husband and wife by a deed acknowledged by her in like manner as required for conveyance of a married woman's estate by 3 & 4 Will. 4, c. 74, provided she take under a deed or will made after 31st December, 1857, whereby she is not prohibited anticipating same, and not under a marriage settlement.

6. On A.'s bankruptcy his assignees could compel B. to complete, and B. them to complete. Were B. bankrupt his assignees might elect to confirm or rescind the contract, and A. could compel them by notice to take one course or the other.

7. The trustees should surrender, and B. convey by deed to the purchaser.

8. The old method of barring entails was, by a recovery, suffered by the tenant in tail with concurrence, if he were not in possession of the person seised. The proceedings could only be taken in term time, when, by concert, judgment went by default in favour of the purchaser. The old method of conveying a married woman's estate was by a fine (levied by husband and

wife, and only in term time), which was a suit begun and then compromised in favour of the purchaser. An estate tail may now be barred by the tenant in tail by deed enrolled in Chancery within six months after its execution, and the consent of tenant for life in possession, or other person who may be named as protector of settlement, may be in same deed or one executed at same time, or previously, and enrolled therewith. Married women may now convey by deed, acknowledged by them before judge or perpetual commissioners, as directed by the Fines and Recoveries Act, and enrolled in the Common Pleas.

9. The executor will be entitled to the purchase money, the contract operating as a revocation of the gift. I think I have read this much in Dart's Vendors.

10. B. would be liable to pay the money if testator died after the 31st December, 1854, by Act, I think, 17 & 18 Vic. c. 56 (this should have been c. 113), if the will expressed no contrary intention. Before that the residuary devisee must have done soat least if the mortgage were created by A., or he had become personally liable for it.

11. They will pass, when the devise is a simple one, out and out; but when in strict settlement, or for payment of debts, they will not pass.

12. The gift must be by deed enrolled in Chancery a year before the donor's decease, and must contain no clause of reservation to the grantor or his heirs. Only pure personalty can be bequeathed for charitable purposes.

13. By the new Wills Act, 7 Will. 4 and 1 Vic. c. 26, where a devisee is a child, or other issue of the testator, and dies in his lifetime leaving issue, the devise shall not lapse, but shall take effect as if the devisee had died immediately after the testator, so that B.'s heir, or devisee, would take the estate.

14. Neither a mortgagee, nor a mortgagor, can grant a lease binding as against the other. The rent should be reserved, generally, when it would follow the reversion, and the covenants should be entered into with the mortgagee and mortgagor separately.

N.B. I was rather doubtful about this answer, and some of my fellow examinees, on talking over matters the next morning, laughed at the idea of reserving the rent generally, nor could I remember my authority; but I lately came across it by accident in Greenwood's Manual of Conveyancing, one of the books I had studied. I see your answer in the July CHRONICLE differs from mine.

15. By 22 & 23 Vic. c. 35, the bona fide payment to, and receipt of, any person to whom any purchase money is payable, exonerates the purchaser, and the 23 & 24 Vic. c. 145, also contains a clause empowering trustees to give receipts for purchase money.

EQUITY.

[Vol. I., pp. 231, 236.]

1. At any time after bill filed and defendant appeared (this was a "shot," as I recollect that, at the time, I could not remember anything accurately about it).

2 A copy of the subpoena should be served on the witness, showing him the original, and tendering his reasonable expenses for going to, attending at, and returning from, the trial. The service should be personal, in order to subject him to attachment.

3. Within fourteen days after issue joined, either party may apply, by summons, to a judge (giving notice to the other party) for an order that the evidence in chief as to any particular facts or issues to be concisely specified in such summons, may be taken viva voce at the hearing, and thereupon the judge may make an order accordingly, such order specifying the particular facts or issues; or the judge may if he thinks the application is only for delay or vexation, or otherwise not reasonable, refuse it. After such an order is made, no evidence taken on affidavit or except before a commissioner, as to such facts or issues, shall be used at the hearing. The cause cannot come on for hearing without the direction of the Court, who will name a day for the purpose.

4. The suit will abate, but the wife may obtain an order of revivor. (If the expression "chose in action" had appeared in the question, I should have answered correctly; but, as it was, I entirely overlooked the point, which I had virtually answered in the fifth Conveyancing question).

5. After enrolling a decree of the M. R., or one of the ViceChancellors, there can be no rehearing before them and no appeal, except to the House of Lords. After enrolling a decree of the L. C., or Lords Justices, there can be no rehearing before them.

6. By bill, by summons, by petition, and by information claims; are now abolished.

7. I have no copy of my answer to this question, and can only remember that it was scanty, particularly as to matters at chambers; but was, I believe, correct, as far as it went.

8. A plaintiff requiring an answer to his bill, must file interrogatories within eight days after time limited for defendant's appearance (which is eight days from service of bill, exclusive of day of service), and plaintiff must serve them on a defendant who has appeared in time, also within eight days from time limited for appearance, or on a defendant who does not appear in time, at any time after time limited for appearance, and before actual appearance, or within eight days after appearance.

9. The executor should take out an administration summons, when the creditor will be restrained until the accounts can be