issue, then to O. for eve ever. As to Whiteacre, it appeared that there was no custom in the manor of which it was parcel for the creation of an entail; so that A. took not an estate tail, but a fee simple conditional at the common law that is to say, that estate which, prior to the statute de donis, was created on a gift to one and the heirs of his body, but which, except in copyholds where no custom to entail exists, was by that statute converted into an estate tail. This subject is not a little mysterious, if considered strictly, and in a logical point of view; as it is not easy to see how, looking at the matter historically, a custom to entail could arise. Mr. Burton (Comp. pl. 1284) says: "The statute de donis is held not to extend to copyholds; and therefore if an estate be limited to A. and the heirs of his body, this is not necessarily an estate tail. (Doe v. Clark, 5 B. & Ald. 458; Doe v. Simpson, 3 Man. & Gr. 929.) In the absence of a special custom to that effect, the estate will be of that kind which is called a fee simple conditional at the common law, and which was universally created by those words of limitation before the statute de donis. But in many manors a custom of entailing copyholds has prevailed, which, however, cannot be supposed to have arisen in consequence of that statute, without, at the same time time, denying the antiquity which is essential to its existence; though it may be easily understood that some original peculiarities in the nature of the conditional fee simple to which the copyholds of particular manors were subject, have received an interpretation analogous to that which the King's Courts put upon the statute de donis; and that thus estates tail in those copyholds have been discovered, though not invented, within the time of memory." Gilbert (Tenures, p. 168) points out that the opinion of the Lord Chief Baron, in Rowden v. Malster (Cro. Car. 43), founded on Litt. s. 13, to the effect that all the estates at common law were fee simple, is opposed to Litt. s. 73, where he refers to copyholders in "fee tail;" and he objects to Lord Coke's saying that such estate is, "by the custom, the statute co-operating." (Co. Litt. 60.) "Now, the question will be, How can this be reconciled with what Littleton says? for he says that an estate tail in copyholds was time out of mind of man. And then, if estates tail were before the statute, the question is out of doors, whether a copyhold can be entailed by force of the statute; for if they were entailed at the common law, then, as to them, the statute is but in affirmance of the common law. It seems the meaning is this, that estates tail were before the statute, as to the manner of limitation by the custom of some manors; as that an estate was granted to a man and the heirs of his body begotten, the remainder over to another; but that, in other respects, these estates were not estates tail before the statute, or that the tenant should no ways alien to debar his issue or them in remainder; or that if he made any discontinuance, they should have a formedon in descender, or remainder. But these things were introduced by statute upon the estate, which was the same in limitation by the common law, and so the statute is said to co-operate to make an estate tail; and this obviates the main objection against entailing copyholds by the statute, viz., that every copyhold estate ought to be grantable time out of mind; and if an estate tail were introduced by the statute, then that estate was not grantable time out of mind; for if the estate tail were, before the statute, the same in point of limitation of the estate, as it is now since the statute, then an estate tail has always been grantable time out of mind, though some other qualities are now annexed to that estate by Act of Parliament which were not so before, and which may well be said to give the statute some share in the making those estates, since they are so very considerable. And that the qualities should be annexed to the estate by the statute de donis is no ways unreasonable; for this Act was made to redress a wrong at common law, and was for the general convenience and profit of the public weal; and the bringing an estate tail in copyhold lands within the statute de donis is no prejudice to the lord or tenant, alters no tenure, estate, or custom of the manor, which may anyways prejudice anybody." Returning to the case we have put. A., taking a conditional fee at common law, if he has had issue, can sell or mortgage the property, but if he has not had issue cannot (unless, indeed, he is the testator's customary heir) mortgage or sell. Neither B. nor C. takes any interest, because the gifts to them being on a failure of issue after an estate of inheritance, other than an estate tail, are too remote. Assuming there had been a custom in the manor to entail, then A. would have taken an estate tail, the devise over to B. on A.'s dying without issue being, in effect, to B. in fee tail, and not merely for life (which latter estate would have made the gift to the son one in fee, with an executory devise over; Roe v. Jeffery, 7 T. R. 589; Trafford v. Boehm, 3 Atk. 449). The devise over is, in effect, in fee tail, because the devise over to C. (though no estate is expressly limited to him) is in the event of both A. and B. dying without issue, thus implying an estate tail, which implication is not prevented by the want of words of limitation in the gift to C. As to the devise of Black acre, it appeared that there was a custom in the manor of which it was parcel for the creation of an estate tail, and it further appeared that M. had not any child at the date of the will; she, therefore, took an estate tail in BlackThe case known as Wild's Case (6 Coke's Rep. 16b), with the numerous cases following it, shows this (Mason v. Clarke, 17 Beav. 126; 22 Law Jour., Ch., 956.) As the word "children," acre. as there used, gives an estate tail, it does not cut down the subsequent word "issue" to issue living at the death; and in this case the fact that the limitation over to N. is not accompanied by words of limitation is immaterial, even if the subsequent gift was not dependent on his dying without issue. INTERMEDIATE EXAMINATION. EASTER TERM, 1863. THE following notice for Easter Term Intermediate Examination has been issued, and is here inserted as containing information applicable to subsequent examinations. The examiners appointed for the Intermediate Examination of persons under articles of clerkship to attorneys have appointed Tuesday, the 28th of April next, at half-past nine in the forenoon, at the Hall of the Incorporated Law Society, in Chancery-lane, for their examination. The examination will commence at ten o'clock precisely, and close at four o'clock. Articles of clerkship and assignment, if any, with answers to the questions as to due service, according to the regulations approved by the judges, must be left with the secretary on or before Tuesday, the 7th April. Candidates under the 4th sec. of the Attorneys Act, 1860, may on application obtain copies of the further questions relating to the ten years' service antecedent to the articles of clerkship. On the day of examination papers will be delivered to each candidate, containing questions to be answered in writing, classed under. the several heads of-1. Common Law. 2. Conveyancing. 3. Equity. 4. Book-keeping. In cases where articles and testimonials were deposited in a former term, they should be re-entered, the fee paid, and the answers completed to the time appointed for the examination. In an article in the Solicitor's Journal for 28th March last, it is said, "The Intermediate Examination at the Law Institution appears to have been a puzzle and a terror to articled clerks, if we may judge from the letters that we frequently receive from some of these gentlemen. Beseeching entreaties are every week addressed to those who have passed the ordeal, asking for some account of it, but with as little result as if the invocations were made to inhabitants of another sphere. The Law Institution resolutely refuses to "condescend to particulars,' and the consequence is that, upon the principle omne ignotum pro magnifico,' articled clerks are very much afraid of what they are thus led to consider as a leap in the dark. It should ་ be borne in mind, however, that, after all, there is not much room for mystery in this intermediate examination. The subjects are, to a very great extent, the same as those selected for the final examination; and everybody knows the questions that have been put at the latter for years past. The only specialité of the intermediate' is 'book-keeping,' and, as might be expected, this has proved a special bugbear.' Which is it?' writes one, single or double entry?' 'What are the class of questions put?' asks another. A third implores any information touching this subject, on the ground that it would be a general kindness to the whole body of articled clerks who have yet to pass the ordeal. It cannot be denied that a great deal of inconvenience and unnecessary alarm are occasioned by the mysterious secrecy maintained by the Law Institution. It is hardly fair to tell articled clerks 'you must pass in book-keeping, without giving them a more definite notion on the subject. The examiners' object is, of course, to satisfy themselves that candidates are qualified to keep such accounts as ordinarily come within the scope of professional business. This being so, it would not be diffi cult to afford some precise information as to what was expected. In the absence of this, however, candidates must trust to such hints as they may obtain in the offices of their principals; and it would be always advisable, not only for the sake of passing the examination, but also with a view to future practice, that they should not content themselves without obtaining direct instruction from some professional accountant or book-keeper." FINAL EXAMINATION. EASTER TERM, 1863. THE following notice for the Easter Term Final Examination has been issued, and as it contains matter applicable also to future examinations we here insert it. Persons applying to be admitted attorneys are required to attend on Tuesday the 28th and Wednesday the 29th of April next, at half-past nine in the forenoon, at the hall of the Incorporated Law Society, in Chancery-lane, in order to be examined. The examination will commence at ten o'clock precisely, and close at four o'clock each day. Articles of clerkship and assignment, if any, with answers to the questions as to due service, according to the regulations approved by the Judges, must be left with the secretary on or before Tuesday the 21st of April. Candidates under the 4th sec. of the Attorneys Act, 1860, may, on MINERALS AND TIMBER ON SALES, ETC. application, obtain copies of the further questions relating to the ten years' service antecedent to the articles of clerkship. Where the articles have not expired, but will expire during the term, or in the vacation following such term, the candidate may be examined conditionally; but the articles must be left within the first seven days of term, and answers up to that time. If part of the term has been served with a barrister, special pleader, or London agent, answers to the questions must be obtained from them as to the time served with each respectively. On the first day of examination papers will be delivered to each candidate, containing questions to be answered in writing, classed under the several heads of-1. Preliminary. 2. Common and Statute Law, and Practice of the Courts. 3. Conveyancing. On the second day further papers will be delivered to each candidate containing questions to be answered in-4. Equity, and Practice of the Courts. 5. Bankruptcy, and Practice of the Courts. 6. Criminal Law, and Proceedings before Justices of the Peace. Each candidate is required to answer all the preliminary questions (No. 1); and also to answer in three of the other heads of inquiry -viz., Common Law, Conveyancing, and Equity. The examiners will continue the practice of proposing questions in Bankruptcy and Criminal Law and Proceedings before Justices of the Peace, in order that candidates who have given their attention to these subjects may have the advantage of answering such questions, and having the correctness of their answers in those departments taken into consideration in summing up the merit of their general examination. In cases where articles and testimonials were deposited in a former term, they should be re-entered, the fee paid, and the answers completed to the time appointed for the examination. MINERALS AND TIMBER ON SALES, ETC. of We have before (p. 61) referred to the case of Buckley v. Howell (29 Beav. 546), to the effect that on a sale of lands under a power sale the minerals could not be reserved, and have also referred to the statute passed in consequence thereof; and likewise referred to a provision in another statute as to timber, and we propose to notice. these matters here more fully. There can be no doubt that the decision in the above mentioned case was a surprise upon many of the profession, and many sales, exchanges, partitions, and enfranchisements had taken place under powers in which minerals had been reserved or sold separately from the surface, without a suspicion that such transactions were invalid, and without the slightest intention that any particular person interested under the settlement |