lar, proves itself. It must, however, be shown to have come from the proper custody-that is from the hands of a person interested in the property affected by it, or holding it on behalf of some person so interested (See 1 Exam. Chron. pp. 103, 104).

XI. What is full notice, and what is short notice of trial, in a town cause and in a country cause?

ANS.-It is provided by the C. L. P. Act, 1852 (15 & 16 Vic. c. 76, s. 97), that ten days' notice of trial or inquiry shall be given in all cases, whether at bar or nisi prius, in town or country, unless otherwise ordered by the Court or a Judge. By R. G. Hil. T. 1853, pl. 35, the expression, "Short notice of trial," or "Short notice of inquiry," shall, in all cases, be taken to mean four days (See Com. L. Pract. 193, 195; 1 Exam. Chron. 105, 125, 163).

XII. What is full notice of countermand in a town cause and in a country cause? What is the effect of such notice on the costs of the cause, and what is the effect of such a notice given after the proper time?

ANS.-By the C. L. P. Act, 1852, s. 98, a countermand of notice of trial shall be given four days before the time mentioned in the notice of trial, unless short notice of trial has been given, and then two days before the time mentioned in the notice of trial, unless otherwise ordered by the Court or a Judge, or by consent. If notice of countermand be given in proper time it will prevent the defendant from obtaining a rule for costs of the day to which otherwise the plaintiff would be liable. A notice given after the proper time may prevent the defendant from incurring unnecessary costs (See Com. L. Pract. 153, 155; Exam. Quest. 121).

XIII. A. sues B. and C. in trespass; they defend jointly;

verdict is against B. and for C. What costs is A. entitled to, and is C. entitled to any, and what, costs?

ANS.-A. is entitled as against B. to his costs of action, and the defendant C. will, under the 3 & 4 Wm. 4, c. 42, s. 32, have judgment for and recover his reasonable costs; as he defends jointly these will be reckoned at half the costs of the defence, unless the Judge, before whom the cause was tried, certified upon the record that there was reasonable cause for making him a defendant in such action (3 & 4 Wm. 4, c. 42, s. 32); or C. may, by leave of the Court, or a Judge, have these costs deducted from the costs which the plaintiff is entitled to against B. (Chitty's Archb. 461, 9th ed.; Roscoe's Evid. 229, 9th ed.).

XIV. At what time after verdict may judgment be signed, and can that time be shortened or deferred, and by what means? ANS.-The C. L. P. Act, 1852, s. 120, enacts that a plaintiff or defendant having obtained a verdict in a cause tried out of Term,

shall be entitled to issue execution in fourteen days, unless the Judge who tried the cause, or some other Judge, or the Court, shall order execution to issue at an earlier or later period. And by Reg. Gen. Hil. T. 1853, pl. 57, it is provided, that when a plaintiff or defendant has obtained a verdict in Term, or in case a plaintiff has been nonsuited at the trial, in or out of Term, judgment may be signed, and execution issued thereon, in fourteen days, unless the Judge who tries the cause, or some other Judge, or the Court shall order execution to issue at an earlier or later period, with or without terms (Exam. Quest. p. 6, No. XII.; 1 Chit. Archb. Pract. 485, 9th ed.). The other party may get the time enlarged by applying to a Court or Judge, or the Judge may order it at the trial, with or without terms. In ejectment, by C. L. P. Act, 1852, s. 186, judgment may be signed and execution issue on the fifth day in Term after the verdict, or within fourteen days after such verdict, whichever shall first happen, unless the Court or Judge otherwise order (Com. L. Pract. 186, 217, 263).

XV. How can a judgment be made available which has been signed more than six years?

ANS. The judgment must be revived before execution can issue. By the C. L. P. Act, 1852, s. 129, when it becomes necessary to revive a judgment, by reason either of lapse of time or of a change by death or otherwise of the parties entitled or liable to execution, the party alleging himself to be entitled to execution, may either sue out a writ of revivor, or apply for leave to enter a suggestion upon the roll, and to issue execution thereupon (Com. Law Pract. 232, 233; 4 Law Chron. 304).

CONVEYANCING.

I. A. desires to mortgage his house in Belgrave-square, held on lease for 90 years, to B., to secure to him the loan of £5,000. Write out verbatim the habendum in such mortgage deed, and state the principle on which you would frame it, and enumerate shortly the covenants and provisoes that you would insert in such mortgage deed.

ANS. The habendum would be as follows:-To have and to hold the said messuage or tenement and premises with the appurtenances, unto the said B., his executors, administrators and assigns, from henceforth, for the residue of the said term of 90 years, granted by the said recited lease, except the last day of the said term; a peppercorn rent is usually reserved. The deed would contain a proviso for redemption, and re-surrender on payment; also the following covenants, namely, for payment of mortgage money with interest, that lease valid, that rent has been and will thereafter be paid and covenants performed, for good right to demise, for quiet enjoyment after

default, free from incumbrances, and for further assurance; also a covenant by the mortgagee for quiet enjoyment until default in pay. ment. If the ground rent was small and the covenants contained in the original lease were not onerous the mortgage might be made by assignment. The mortgage is usually by demise, in order that the mortgagee may not become liable to the original lessor on the covenants contained in the original lease, which he would be if made by assignment. In the demise there should be a trust declared of the one day left in the mortgagor, and it should be declared that the Trustee Acts should be applicable thereto.

II. If A. dies, leaving B., C., and D. his executors, and B. only proves his will, and dies, leaving C. and D. him surviving, who will be the legal personal representative of A.?

ANS.-It is presumed that the Examiners are referring to the law as it now stands, and then assuming that by the probate power was reserved to C. and D. to prove they can on B.'s death do so, but if they have renounced probate they can no longer, as they might formerly have done, retract their renunciation and come in and prove, it being provided by the 20 & 21 Vict. c. 77, s. 79, that an executor renouncing is to be treated as not named in the will; if, therefore, B. died testate his executor will be the legal personal representative of A.; but if intestate, administration de bonis non must be taken out to A. (Coote's Probate, pp. 42, 171, 2nd ed.; F. Bk. 229; Horsey's Prob. 49, 95).

III. If a widower dies intestate and without issue, leaving a mother, mother-in-law, sister, sister-in-law, two nephews, sons of a deceased brother, and a posthumous brother of the half-blood, him surviving, who will be entitled to his personal estate as his next of kin, and in what proportions? ANS. The intestate's mother-in-law and sister-in-law will take nothing; his personal estate will be divisible as follows:-His mother, sister, and posthumous brother of the half-blood will take a fourth each, and his two nephews will divide the remaining fourth between them, as representing their parent, the intestate's brother. In distribution, the half-blood never was an impediment. It will be observed that the mother takes no greater share than the intestate's brothers and sisters (See 1 Jac. 2, c. 17, s. 7; Burt. Comp. pl. 1409, 1410).

IV. If a man dies intestate, possessed, after payment of his debts, funeral and testamentary expenses of, 1, railway bonds, 2, railway shares, 3, a king's share in the New River Company, 4, leaseholds for lives, 5, leaseholds for years, 6, a policy for £5,000 on the life of another person, 7, copyholds of inheritance, and 8, a freehold house, leaving a widow and five sons

and five daughters him surviving, upon whom will each of these several descriptions of property devolve, and in what proportions?

ANS.-There being children, no mention is made in the question of either father or mother. The railway bonds, railway shares, leaseholds for lives (See F. Bk. 158; Key. Convey. 41), leaseholds for years, and the policy for £5,000, being all personal property, the widow will be entitled to one third, and the remainder will be equally divided amongst the children. The share in the New River Company, the copyholds, and the freehold house being real estate will go to the eldest son, subject to the widow's dower and freebench,.and assuming that the copyholds and freeholds were not respectively of the tenures of borough-English and gavelkind, as to which see F. Bk. pp. 4, 7; Law Dict. pp. 66, 67.

V. Transcribe the form of attestation to a deed, codicil, and memorial for the Middlesex Registry.

ANS.-In the case of a deed the attestation may be as follows:Signed, sealed, and delivered by the within named A. B., in the presence of, &c. If the party be a marksman, blind, &c., the attestation should be more special, such as stating that the deed was read over to him, and he seemed perfectly to understand it. If there were any interlineations they should be noticed. In the case of a codicil the form may be :-Signed by the said A. B., as a codicil to his last will and testament, in the presence of us present at the same time, who in his presence, and at his request, and in the presence of each other, have hereunto subscribed our names as witnesses thereto.

In the case of a memorial the attestation should be as follows:-Signed and sealed by the said A. B., in the presence of, &c. (two persons). One of the two witnesses to the execution of the memorial must have been an attesting witness to the execution of the deed. According to some writers, this must be the execution of a granting party, but there is nothing in the act to justify this restriction (See Sug. Vend. 345, 10th ed., p. 598, 13th ed.; 1 Law Chron. 20; Dart's Vend. 322, 445, 3rd ed.).

VI. State in detail the requisites for registration of a mortgage at the Middlesex Office, and state what deeds are exempted from registration at the Middlesex Office.

ANS.-The memorial must be on vellum or parchment, duly stamped, and contain a short abstract of the deed, viz., date, the names of the parties and their additions, the parcels and habendum. It must state the attesting witnesses with their descriptions, and be under the hand and seal of one of the grantors or grantees, attested by two witnesses, one of whom must have been the attesting witness to the execution of the instrument registered. The witness to the

E

deed and memorial, when he leaves it for registration, makes oath that he saw the deed executed. Printed directions can be obtained from the office. The exceptions in the Acts are of copyhold estates, leases at rack rent, and leases not exceeding twenty-one years, where the actual possession and occupation go along with the lease, and Chambers in Serjeants' Inn, the Inns of Court, or Inns of Chancery. (1 L. C. 20, 21; Dart's Vend. pp. 443, 445, 3rd ed.; 9 Jarm. Conv. by Sweet, 683).

VII. If a testator dies leaving personal property in France,

India, and Canada, and not transferable in England, are such assets liable to probate and legacy duty?

ANS.-Probate duty is not payable in respect of property in a foreign country or a colony belonging to a testator dying in this country, but not domiciled here, although the property be brought into and administered in this country by the executor (AttorneyGeneral v. Dimond, 1 Cr. and J. 356; Pearce v. Pearce, 9 Sim. 430). If a testator be domiciled in England, then, as the rule is that personal property follows the person, and is not in any way to be regulated by the situs, legacy-duty will be payable (See Shelf. Legacyduty Acts, &c., pp. 176, 194, where the cases are discussed at some length).

VIII. What is waste by a lessee of a house and of a meadow; what is the effect on the lessee's title if he commits waste; and what is the effect of the reservation in the lease of a meadow of an additional rent of £20 per acre, if the grass is broken up and converted into tillage?

ANS.-Waste is either voluntary or permissive; it consists in permitting or doing anything which occasions a lasting damage to the freehold or inheritances. Waste may be done in houses by pulling or prostrating them down, or by suffering them to be uncovered, whereby the spars, or rafters, or other timber of the house are rotted. (Burt. Comp. pl. 718; F. Bk. 163.) The conversion of meadow into arable land is waste. A lessee's title to his term is not affected by waste in the absence of any condition of re-entry in respect thereof: he is only liable to an action, as to which see Harr. N. P. 426, 427. Where an additional rent is reserved in a lease for converting meadow into tillage, &c., such rent is not in the nature of a penalty, but of liquidated damages, and is therefore to be paid exactly as reserved (4 Davids. Conv. 49, 1st ed.).

IX. If a bastard dies intestate and unmarried, what becomes of his real and personal property respectively?

ANS.-All his real property, except copyholds, will escheat to the Crown; the copyholds escheat to the lord of the manor. takes his personal estate by virtue of its prerogative.

The Crown The Crown