covenants becomes more or less extended (2 Davidson's Convey. 321, 2nd ed.; ante, pp. 25, 26, 78). As to No. XIV. (p. 146), the distinction between words of purchase and words of limitation (see 1 Exam. Chron. p. 184) must be borne in mind, involving the difference between a gift to the heirs of A. and a gift to A. and his heirs. If prior to the Wills Act, in the former case, A. was alive, and in the latter was dead at the testator's death, the gifts failed of effect. As to the former, because nemo est hæres viventis (F. Bk. 121), unless, indeed, heirs can be considered as used in a popular sense (Law Max. 109; 7 Scott, N. R., 46, 60, 61; Broom's Max. 396, 2nd ed.); as to the latter because there was no person in esse to take the devised estate, the word "heirs" being intended not as a gift to the heirs, but to limit the quantity of estate to be taken by the devisee. The two daughters mentioned in the question take as coparceners as they are in by descent; coparcenary not arising by act of the parties, that is, not from grant, but by act of law only, that is by descent (F. Bk. 155). They make but one heir (Law Max. 22, 112, 113). There are cases of several males inheriting together: this occurs in gavelkind tenure: they are called, to distinguish them from the above, parceners, and not coparceners, though the former term is indiscriminately applied to both in the old writers and reports (F. Bk. 155; Law Dict. 164). The case referred to at p. 146, as to the construction put upon the Inheritance Act, is Cooper v. France (14 Jur. 214), and the words of the Act which, though erroneously, it is said, would seem to favour the right of the uncles to share with their nieces, are that in every case descents shall be traced from the purchaser, who is defined to be (in effect) the person who last acquired the property otherwise than by descent: this person, in the present case, by the effect of the Wills Act, 1 Vic. c. 26, s. 33, is the youngest son, and not as was hastily assumed at p. 146 the devisor, for he is not the person who last acquired the property otherwise than by descent, so that, irrespectively of the correctness of the decision in Cooper v. France, the uncles could have no pretence to share with their nieces, as but for that decision they might have had if the testator had been the root or stock of descent. As the subject is one of some interest we shall shortly, in a separate article, notice the provisions of the Inheritance Act and the case of Cooper v. France.

WE shall before long insert "Studies" on the answers contained in "Examination Questions and Answers for 1859 and 1860," being one of the volumes of the "Small Library," which will afford an opportunity for extending the utility of the "Studies," and of the "Questions and Answers," to those who have the latter work.

INTERMEDIATE EXAMINATION.

(TRINITY TERM, 1862.)

SIR, I explored the intermediate passage last term, and was very much gratified when I received a certificate that I had "satisfactorily passed." I was quite as anxious not to be frozen up as some of your readers now appear to be, and I have very much pleasure in giving them the result of my experience, for I am sure I should have considered the individual a philanthropist who would have given me the same information. I therefore enclose the questions and answers, and hope they may be of service to some of your readers.

I did not make a copy of the questions, but the answers are copied verbatim from my draft. I have written the questions as near like the originals as my memory will allow me. I believe they are worded very nearly the same as the originals. I may add that the novelty of the examination made me "cram more perhaps than I otherwise should have done, and I made a précis of the books selected by the examiners, but I found I had not been at all too careful, and that some of the questions required close consideration before I wrote the answers. I recommend my fellow students to make a précis too. I am sure they will find it useful in fixing many important, although little things, upon their memories. I strongly recommend the Young Accountant's Sheet, published by Simpkin and Co., for book-keeping, which shows at a glance the practical use of all the books required in double entry; price 1s. 6d. One word of caution which I should not think necessary to give to men studying to be lawyers, had not occasion for it actually happened. Don't mistake the 2nd vol. of Stephen's Commentaries for the 2nd Book. One unfortunate at the examination had done so, and was unable to answer the questions in conveyancing, and as a consequence was doubtless plucked.

Q.-Within what time must proceedings be commenced on a bill of exchange under the Bills of Exchange Acts? A.-Six months after the note becomes due.

Q. What steps must be taken to defend an action on a bill of exchange? A. Within twelve days after the service of the writ defendant must apply to a Judge at Chambers, who will allow him to appear and defend upon an affidavit, showing a good defence to

the action on the merits, or that it is reasonable he should be allowed to appear. Sometimes the Judge will order payment of the amount of the bill into Court.

Q. When there are several defendants to an action, and some appear and others do not, what proceedings must be taken by plaintiff to obtain judgment? A. The plaintiff may sign judgment against the defendants who have not appeared, and afterwards proceed against the other defendants, on entering a suggestion of the judgment He may in the first instance issue an execution against the defendants who have not appeared; but this will be deemed an abandonment of the action against the other defendants. Q.-What is full notice of trial, and what is short notice? 4.Ten days; short notice, four days.

Q. When is the venue in an action transitory, and when is it local, and under what circumstances may it be changed? A.-The venue is transitory when the cause of action might have happened anywhere, as on a bill of exchange, for debt, contract, trespass to the person, &c.; and it is local where it could not have happened in any other county than that in which the venue is laid, as in actions of trespass to land. The venue, whether transitory or local, may be changed by leave of the Judge.

Q.-Where and before whom is error in law brought ? 4.-If the error be from the Queen's Bench it is brought before the Barons of the Exchequer and the Judges of the Common Pleas in the Exchequer Chamber; and if from the Exchequer or Common Pleas, before the Judges of the other two Courts respectively in the

same manner.

Q. When is a juror withdrawn, and what is the effect of it? A. A juror is withdrawn at the trial by arrangement between the parties when neither has confidence in his case. The withdrawal of a juror puts an end to the action.

CONVEYANCING.

Q.-Into what different classes are freehold estates divided? A.-Freehold estates are divided into estates of inheritance, or not of inheritance, that is to say, either for life, or in fee simple, or in fee tail, and are either corporeal or incorporeal.

Q. What alteration was made in the law as to the conveyance of real property by the Statute of Frauds? A.-Previous to the Statute of Frauds land was conveyed by open delivery of possession or livery of seisin ; but by this statute all conveyances of land must be in writing.

Q.-By what means may a tenant in tail dispose of his estate? A.-By deed made with the consent of the protector of the settle

ment (if any), and enrolled in Chancery within six months from its date.

Q.-Enumerate the several heads into which incorporeal hereditaments are divided. A.-Advowsons, rents, ways, ferries, commons, easements, &c.

Q. What is dower, and what are the essentials to its existence? A.-Dower is a widow's right to one-third of the lands of her husband for life. The essentials to its existence are, amongst other things, that the wife shall not have deserted her husband and lived with an adulterer, and that she shall not have accepted a jointure in lieu of dower. If she were married since the 1st January, 1834, her husband must be possessed of the estate at the time of his death, and not have made any disposition of it by will, or declared by writing that she shall not be entitled to dower out of the estate. If married prior to 1834, she is entitled to dower out of any estate of which he may have been possessed during the marriage, unless such estate be conveyed to uses to bar dower.

Q. What is the estate of tenant in tail after possibility of issue extinct? A.-This estate only happens when land is settled upon a man and his wife and the heirs of their bodies, and one of them be dead without issue. The law considers there is possibility of issue at any time during the life of both of the parties. The estate is for life only, and it is thus described to distinguish it from an ordinary estate tail.

Q.-B. conveys an estate to A. subject to a condition that the estate shall be re-conveyed on repayment of a sum of money on a certain day. The money is not paid at the time stipulated. What interest do A. and B. respectively take in the estate? A.-This is the case of an ordinary mortgage. The estate vests in A. subject to B.'s equity of redemption. On payment of the money advanced and interest, B. would be compelled by equity to reconvey the land.

EQUITY.

Q.-In what classes of cases does the Court of Chancery exercise an exclusive jurisdiction? 4.-Trusts, mortgages, forfeitures, property of married women, administration of testators and intestates estates, protection of infants, where there is no remedy at law.

Q.-Is the jurisdiction of the Court of Chancery as to discovery affected by the powers given to the Common Law Courts by the Common Law Procedure Act? A.-The jurisdiction of the Court of Chancery is not affected by the Common Law Procedure Act. Power given to one Court does not take away a similar power belonging to another Court. The Law of Evidence Amendment Act, which admits the evidence of plaintiffs and defendants, or

other parties interested in the action, has almost done away with the necessity for obtaining discovery through the Court of Chancery.

Q.-How can a devisee in quiet possession establish his title when he fears the will may be disputed after the death of an important witness? A.-He can only do it in the Probate Court through the friendly assistance of the next of kin, or he may, as heretofore, file a bill in Chancery for perpetuation of evidence.

Q. What was the decision of Lord Langdale in the case Tullett v. Armstrong, as to the separate estate of married women? A.-Lord Langdale ordered the words "and not by way of anticipation" to be added to the clause in the settlement creating the separate estate, and it has not since been doubted but that these words accomplish the object intended. This answer was a great mistake. The answer given was Lord Thurlow's decision in Pybus v. Smith. I confounded the two cases. The answer should have been :-" Lord Langdale held that the separate use and the restraint on anticipation must, in regard to their operation in the event of a subsequent or second coverture, stand or fall together, and that where either the unmarried woman, before marriage, or the widow before a second marriage, omitted to exercise her power of alienation there, either the separate use or the separate use with its accompanying restraints would, if apt words were used, revive, so to speak, upon the marriage or second marriage, as the case might be."-Haynes' Equity, p. 211.

Q. What is done to carry out the decision after a case has been heard by appeal in the House of Lords? A.-The case is taken back to the Court of Chancery, which does what is necessary to carry out the decision of the Court of Appeal.

Q.-Against what class of persons did the old writ of account lay? A-Quasi trustees and merchants against merchants.

Q.-Must the whole or what part of an answer to a bill in Chancery be read to make it evidence against the party in another proceeding? A.-The answer is considered an admission, and to make it evidence the whole of it must be read.

BOOK-KEEPING.

Q-Give examples of the entries in a cash-book. 4.-I gave the debtor and creditor side of an ordinary cash-book, with examples of receipts and payments.

Q. What are the uses of a day-book, and what are the entries which should be made in it? 4.-I stated that a day-book should contain a record of each day's proceedings, from which charges against clients might be transferred to the bill-book or ledger, and gave examples of entries.