right on the legatee, which is perfected by the executor's assent to the legacy.

Legacies are (1) general; (2) specific; (3) vested; and (4) contingent.

Distinguish between general and specific legacies. What is the rule as to abatement?

(1.) A general legacy is a legacy of a sum of money, as

£100.

(2.) A specific legacy is a particular piece of plate, presented, for instance, as a testimonial.

The former abates proportionately on a deficiency, the latter only for payment of debts.

What is the ademption of a legacy?

It is an implied revocation of it by the testator's dealing with the subject matter of the legacy without having altered his will, and it can only arise in the case of a specific legacy, e.g., the testimonial, assuming it to be bequeathed first and then sold.

What is meant by a legacy lapsing, and what are the exceptions? Falling into the residue by reason of the death of the legatee in the lifetime of the testator. The exception arises under the 33rd section of the Wills Act, 1 Vict. c. 26, and is, in the case of a bequest to a child or other issue of the testator; there if the child dies in the testator's lifetime but leaves issue, the bequest does not lapse, but takes effect as if the death of the legatee had happened immediately after that of the testator, unless a contrary intention appear in the will.

Distinguish between a vested and a contingent legacy?

A legacy is said to be vested when an immediate interest passes to the legatee; but if it is given on the happening of some uncertain event, as if the legatee attains the age of twenty-one, it is contingent, though if it is merely payable at twenty-one it is vested, for it is "debitum in presenti though solvendum in futuro."

What is the rule as to legacies carrying interest?

Unless the legacy (due immediately) is charged on land, interest

does not run till a year after the death of the testator, and then at £4 per cent. per annum.

Can a legacy be bequeathed to A. and if he dies without issue then over to B.?

It can, by 1 Vict. c. 26, sect. 26, because now such a bequest is not indefinite, but simply points to the failure of issue in the lifetime or at the death of A., unless a contrary intention appear on the face of the will.

Is the executor entitled to the residue of the testator's estate?

Previously to the statute 11 Geo. IV. & 1 Will. IV. c. 40, he was, unless a contrary intention appeared; now the executors are trustees for the next of kin (if any) unless a contrary intention is shown by the will.

State the general rule for the distribution of personal estate under the statute (22 & 23 Vict. c. 10).

If a man dies intestate leaving a wife and children, one-third goes to the wife and the residue to the children equally. If he leaves no children then a half to the widow and the other half to the next of kin and their representatives per stirpes. If there is no widow then the whole goes to the children, and if there are no widow or children to the next of kin equally and their representatives, the latter taking per stirpes. But by 22 & 23 Car. II. c. 10, sect. 7, there is no representation amongst collaterals after a brother's and sister's children.

Distinguish between distribution per stirpes and per capita as regards the next of kin.

If they take by representation they take per stirpes; if in their own right per capita.

Are there any special customs existing in any city or province as to distribution?

There used to be in the City of London and in the province of Canterbury, but they are abolished (except so far as the estates of persons dying on or before the 31st of Dec., 1856,) by 19 & 20 Vict. c. 94, which enacts that after the above date the distribution

of the personal estate of intestates in England and Wales shall take place according to the rules prevalent in the province of Canterbury.

CHAPTER VIII.

MIXED SUBJECTS OF PROPERTY.

What are emblements, and to whom do they belong?

Those vegetables which are raised annually by labour and manurance, which are considerations of a personal nature; such as hops, hemp, flax, &c. They go to the executor or administrator as against the heir or remainderman, but not as against a devisee. They may be distrained upon for rent, by 11 Geo. II. c. 19, and they are liable to be taken in execution.

What are fixtures, and to whom do they belong?

Articles fixed in the ground to a house, or to some substance formerly part of the freehold, such as windows, grates, palings, steam engines, &c., the maxim being, quicquid plantatur solo, solo cedit.

Fixtures which are put up for the purposes of trade, ornament, or domestic use; (1) as between the heir or devisee, and the personal representative of the tenant in fee belong to the latter, if they can be removed without material damage; (2) as between the owner of a particular estate and the remainderman they belong to the former; and (3) as between landlord and tenant to the latter, if the removal would not materially damage the freehold, subject to 14 & 15 Vict. c. 25, in the case of agricultural fixtures.

What is the rule as to agricultural fixtures?

By 14 & 15 Vict. c. 25, if not put up by the tenant in pursuance of a covenant for that purpose contained in the lease, they may on giving one month's written notice to the landlord to take them at a valuation, to be arrived at in the ordinary way, be

removed by such tenant by consent in writing of the landlord, provided he do not injure the freehold, or if he do it must be restored.

Are fixtures liable to be taken in execution or on a distress for rent?

A tenant's fixtures may, because he can remove them, but not a freeholder's; they cannot be distrained for in any case.

What species of property are shares in public undertakings connected with land?

Real estate as far as the land goes, or the right of using it, but the shares of the investors are personalty.

Mention some things personal which partake of the qualities of things real.

(1.) Animals feræ naturæ, if confined but not domesticated.
(2.) Charters, deeds, court rolls, and other evidences of title,
together with the deed boxes.

(4.) Monuments or tombstones, the latter, though fixtures, do not pass with the land, but belong to the heir or devisee of the ancestor.

What are heirlooms, and whence is the term derived?

They are such goods and personal chattels as go by special custom to the heir along with the inheritance, and not to the executor of the last propietor. The termination loom is of Saxon origin, signifying limb or member, so that an heirloom is a limb or member of the inheritance.

It must be remembered they cannot be devised.

BOOK III.

RIGHTS IN PRIVATE RELATIONS.

CHAPTER I.

MASTER AND SERVANT.

What are the private economical relations of persons?

(1) Master and servant; (2) husband and wife; (3) Parent and child; (4) guardian and ward.

What are the various kinds of servants?

The first relation mentioned in the last answer may subsist between a master and four species of servants, for slavery is unknown to our laws, viz:

(1.) Menial servants (derived from the Latin intra mania), who are hired.

(2.) Apprentices who are bound by indentures.

(3.) Labourers who are casually employed, and workmen engaged in trades or manufactures.

(4.) Stewards, bailiffs, and factors who are rather in a ministerial state.

Upon what terms is a general hiring of domestic servants construed to be?

defeasible

It is a hiring for a year, and so on from year to year, by custom at the option of either party by giving a month's warning or paying a month's wages. In the case of a governess, tutor, or clerk, a three months' notice is sometimes required; and sometimes a reasonable notice to expire at the end of the year.