debating society in small towns, by affording a medium for the written discussion of moot points, and the composition of essays; and, thirdly, by the same means, to furnish opportunities to the student to apply principles to practice, and thus assist him in obtaining a practical knowledge of his profession.

It affords much satisfaction to your committee to state that the society now numbers upwards of thirty members, but still, considering the number of law students in the kingdom, they cannot but feel some surprise that so few should as yet have joined the society; but as they hope that this has arisen chiefly from ignorance on the part of the Profession, either of the existence or objects of the society, they trust, by the publication of this report, to bring the society more generally before that numerous body for whose benefit it has been established, and that this increased publicity may be followed by a considerable and speedy accession of members.

With regard to the financial position of the society, your committee have to report-That finding it impossible to carry on the society with the revenue arising from the subscriptions originally proposed, they have found it necessary to call upon each of its members for the payment of an annual subscription of two shillings and sixpence, in addition to an entrance-fee of two shillings and sixpence payable on admission.

Your committee, with a view of adding to the stability and importance of the society, recommend that it should not be confined exclusively to articled clerks, as they consider that the interests of the society would be materially consulted if solicitors could be induced to give it their countenance and co-operation, by becoming honorary or ordinary members; and, in furtherance of so desirable an object, propose that solicitors be invited to become honorary members upon payment of a donation of half-a-guinea, or an annual subscription of five shillings, or ordinary members upon the same terms as the other members of the society.

Your committee cannot neglect this opportunity of expressing their thanks to the editors of the LAW STUDENTS' MAGAZINE, for the kind and friendly manner in which they have, at all times, assisted them with their advice; and also for gratuitously inserting the papers of the society in the Magazine. The editor of the Law Times is also entitled to the thanks of the society, for the insertion of the letters which have been written to him by your secretary.

The following members have been elected as the committee for the ensuing year :—

Messrs. J. N. Mourilyan, jun.; W. T. Pears; Henry Druce; and Lucas Cordes. CHARLES R. GILMAN, Hon. Sec.

St. Giles's-street, Norwich, April 9, 1854.

Gentlemen wishing to become members, are requested to commu

nicate with the secretary, of whom copies of the rules, with full information of the plan of working, may be obtained.

MOOT POINTS IN COURSE OF DISCUSSION.

No. 90.-Is it necessary that the wife of a vendor, married previously to the passing of the New Dower Act, should join in a conveyance for the purpose of releasing her dower, where there is an attendant term created previously to her right of dower attaching? No. 91.-If A. be possessed of property to uses to bar dower, viz.: " Unto the said A. and his heirs, to the use of the said A. and his assigns during the term of his natural life, without impeachment of waste, and after the determination of that estate by forfeiture or otherwise in his lifetime, to the use of B., his executors and administrators during the natural life of the said A., in trust, nevertheless, for the said A. and his assigns, and after the determination of that estate, to the use of the said A., his heirs and assigns for ever.— In case A. were convicted of felony, by which his property would be liable to confiscation, would the above uses protect it?

No. 96.-By 9 & 10 Vic., c. 95, sec. 3, it is enacted that the new county courts, established by that statute, should have all the jurisdiction and power of the ancient county courts for the recovery of debts and demands, as altered by that statute. Now the ancient county courts had jurisdiction to hold plea by writ of justicies, in any personal actions, for the recovery of any debt or demand of any amount whatever, so that it exceeded 40s. (Com. Dig., c. 5). There appears to be nothing in any of the County Courts Acts to take away this jurisdiction, and it is singular it is not frequently resorted to.

Can any of the members of this section refer to any case in which actions have been brought in the new county courts by writ of justicies, or in which any one of the common law powers of the ancient county courts were exercised?

The secretary will be glad to receive communications from any reader upon this point.

No. 104.—In 1850, A. became the purchaser of an estate for the sum of £15,000, to be completed on the 20th March, 1851, or interest at 5 per cent. to accrue till completion. The settlement was

delayed until the 25th March, 1854, when the purchaser claimed a deduction for income-tax from the amount of interest, which was resisted by the vendor. Was the purchaser right, and could he retain the income-tax upon payment ?

Norwich, 10th May, 1854.

CHARLES R. GILMAN, Hon. Sec.

MOOT POINTS.

No. 82.-Title-Will of Real Estate not Proved.

Where real property is sold by the devisees in fee, under a will which has not been proved, will the purchaser of such property be justified in declining to complete until the will is proved? If probate is not necessary, should it not be shown that the will under which the sale is made is the last will of the testator?

The vendor's solicitor declines to prove the will, on the ground that it is not necessary to prove wills of real estate only. The will is not to be handed over, but the vendor offers a deed of covenant for its production. J. P. S. (Holbeach.)

No. 83.-Legacies-Satisfaction.

A., by his will, bequeathed to E., F., G., and H. (minors), the sum of £4,000, to be equally divided among them, share and share alike, which sum he desired should be paid within six calendar months after his decease, or interest on the same from that time till paid. He appointed B. and C. executors, and, by a codicil, appointed D., the father of E., F., G., and H., an executor jointly with B. and C. The £4,000 was paid to D., as father of the legatees, for which he gave a receipt in trust for his said four children, and the same remained in his hands till his death, the children having attained their majority. D. maintained his children during their minority, as also since they attained their majority, and in his lifetime made gifts to them, as is usual, and by his will gave certain devises, bequests, and annuities to them, and in their favour, without, however, making any mention of the legacies so received in trust for them. After D.'s death, C., the surviving executor of A., knowing the money was so paid to D., applies to his executors to discharge the legacies out of his estate.

The question raised is whether or not the benefits given by the will may not be reckoned as a satisfaction of the legacies so received by D.? If not, from what time should interest be paid? J. B. B.

No. 84.-Will-Construction of Devises.

J. S., by will dated 1st March, 1834, devised and bequeathed to his wife, A. S., all the houses, gardens, and other buildings, which he then occupied at B- the house, land, &c., then in the several

occupations of W. W. and T. P., as tenants under him from year to year; also gave and bequeathed a piece of land, situated at B(which he lately purchased of A. B.), which other close the said testator gave to said A. S., to be by her enjoyed during her natural life, and for her at her decease to dispose of, along with all the other property mentioned above, as she might think proper. Also gave

"

and bequeathed all the rents arising out of a public-house at Bthen occupied by M. L.; also all the rents of nine cottages, &c., then occupied by, &c., as tenants from year to year, which other rents the said testator directed were to be enjoyed by her during her life; but if she married, she then lost the benefit of the rents, and the said rents would then be the property of R. S.," to whom the said testator gave and bequeathed all that public-house, with the nine tenements; also the said testator gave and bequeathed to R. S. all that house, &c., at N--.

A. S. is now dead, and R. S. has come into possession of the property given by the said will to him.

Queries.-1. What estate did A. S. take in the property thereby bequeathed to her? 2. What estate did R. S. take in the property thereby bequeathed to him? T. P. D. (Ludlow.)

F

No. 85.-Rule in Shelley's Case-Marriage Settlement.

E. W., being seised of ten acres of freehold and copyhold land at in the county of H-, was married to P. B. in the year 1813, and upon her marriage entered into certain articles of agreement, dated the 10th June, 1813, whereby the said P. B. covenanted with C. D. (a trustee under the agreement) that he would, in the event of the said marriage, join with the said E. W. in conveying, surrendering, and settling the said ten acres of land at F——, "to the use of the said E. W. and her assigns for and during the term of her natural life, and from and immediately after her decease to the use of the said P. B. and his assigns for and during the term of his natural life, and from and immediately after his decease to the use of the issue of the said intended marriage, his, her, and their heirs and assigns for ever; and for default of such issue, to the use of J. W. and T. W. (brothers of the said E. W.), their heirs and assigns for ever." T. W. died in 1823; J. W. died in 1832; E. W. (afterwards E. B.) died in 1849, and P. B. died in 1852, and remained in possession of the land until his death.

A. B., of N--, is the heir at law of the deceased P. B., and W. W. is the heir at law of the said J. W., but not of the said E. W.

Quære.-1. Does this case come within the rule in Shelley's case? and did the deceased P. B. take any larger estate than a mere

life interest? and is A. B. entitled to any and what estate as his heir at law? 2. If the said A. B. has no title to the land in question, is W. W. absolutely entitled to it in fee simple ?

J. S. BROWN (Eaton, Norwich).

No. 86.-Master and Servant-Departing without Consent.

A. B. engaged C. D. as governess for a year, from the 25th of March, 1853, at the yearly salary of £20. She remained in the service of A. B. till the 24th of December, in the same year, when she left, and has since declined to return. £15 was then due to her for teaching A. B.'s children, for which sum she has applied to the said A. B., who refuses to pay it, alleging that C. D. never fulfilled her contract. Can C. D. sue him for the sum claimed?

J. S. BROWN (Eaton, Norwich).

No. 87.-Devise-Dower.

Suppose a man seised in fee to devise B-to his wife, out of which she would be entitled to dower, and suppose him to die seised of D—— in fee, out of which she would also claim dower, but the latter is of much greater value than the former, can the widow in this case renounce her claim to B. under the will of her husband, and claim her dower out of D--? or would such a devise be a total bar under the Dower Act, assuming that the widow was married since 1834? J. S. BROWN (Eaton, Norwich).

No. 88.-Devise-Infant.

A. devised an estate at

at the death of his father.

for the rents?

to B., his son, who was an infant Quære. Can he give a legal discharge J. S. BROWN (Eaton, Norwich).

No. 89.-Feme Covert.

A promissory note being given to a married woman, and her husband afterwards dying before the note was paid, does the note become the property of the wife or the executors?

J. S. BROWN (Eaton, Norwich).

NOTE. We have received about thirty other Moot Points, which shall be inserted in the Number for the 15th of June. It will be desirable not to send any more for that Number, and any of the above can, if wished, be repeated. As we shall have so many new Subscribers, it is desirable to make a fresh start with Moot Points and Answers.-Eds.