No. 47.-Execution-Notice of insolvency-The Sheriff goes into possession on a writ of fi. fa. Before the sale he receives notice that defendant has filed a declaration of insolvency against himself. Should the Sheriff sell and pay the money to the execution creditor? Should he sell and hand the money to the assignees on the adjudication of bankruptcy? Should he withdraw from possession, or remain in possession until the messenger from the Court arrives?— JOEL EMANUEL, Southampton.

No. 48.-Trustees' receipt―Power of sale.-A. being seised of certain lands for an estate of inheritance in fee simple in possession, mortgaged the same in fee to B. and C. for £400, and afterwards devised the same by his will to two trustees upon trust for his wife for life, and "after her decease" to sell, with the usual receipt clause. The trustees of A.'s will during the life, and with the consent and concurrence of his widow, sold the lands. Was such sale a valid execution of the power? And was the receipt of the mortgagees alone, without the trustees joining therein, a sufficient discharge to the purchaser for the £400.-JOHN CULLIMORE, Thornbury.

No. 49.-Composition deed-Estoppel.-B., a debtor, entered into a composition deed for the benefit of his creditors under the 192nd sec. of "the Bankruptcy Act 1861," and permitted D, a creditor, to sign the deed for £500, the amount of a debt owing by him to D. In ascertaining this sum credit was given to D. for £200, the amount of a bill of exchange indorsed by D. to B., which bill of exchange was not paid at maturity. Can B. deduct the amount for which such bill of exchange was given from the composition due to D., or is he estopped from doing so by reason of both parties having executed the deed? -E. H. HASWELL, West Sunniside, Sunderland.

No. 50.-Expense of release to executor.-Can any of your Moot Point correspondents refer me to a case decided whether legatees must bear the sole expense of a release to the executor?-WILLIAM BANKS, Jun., Stainer Hall, Selby, Yorkshire.

No. 51.-Mortgage-Transfer (p. xxvi).-The mortgagee should assign his interest in the term, and appoint the fee to such uses as the transferee should appoint; and this course may be adopted by every subsequent assignee of the term, until some definite appointment of the use in fee takes place which the statute will execute. (See Watkins' Principles of Conveyancing, 8th edit., p. 265, tit. Powers-note.)-A. G. DITTON, 3, Trinity-square, Southwark.) [Note. We have received several similar answers, but in accordance with our rule, cannot insert them. The Mooter should have given his name and address, so that correspondents on Moot Points could have written him direct, and have entered into a correspondence, which, as we have frequently explained, is the main object of the insertion of Moot Points.-ED.]

EXAMINATION CHRONICLE.

VOL. III. No. 35.] NOVEMBER, 1863.

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BARNSBURY, N.

(WHERE ALL ORDERS AND COMMUNICATIONS MUST BE SENT.)

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Printed by TAYLOR and GREENING, Graystoke-place, Fetter-lane, London.

NOTICES TO CORRESPONDENTS.

BOOK-KEEPING. In answer to your request. I beg to inform you that the price of Isbister's Book-keeping is 9d., and the publishers Longman, Green, and Co., Paternoster-row, London.

OMEGA-You can obtain printed questions as to service, and the notice for examination from the secretary of the Incorporated Law Society. The Conveyancer's Manual," by William Hemings, has not yet appeared. The Lords' Act is the 32 Geo. 2, c. 28; it was suspended, so far as persons petitioning for their discharge as insolvents, for two years, by the 1 Will. 4, c. 38; and that Act was continued by the 2 Will. 4, c. 44, s. 5, until 1st June, 1835 (see 2 Archbold's Pract. 135-145, 2nd ed.). By 1 & 2 Vic. c. 110, s. 119, no prisoner is to petition for his discharge under the provisions of the Lords' Act, nor shall any creditor put in force any of its compulsory powers. A purchaser is not liable to see to the payment of debts not charged on the real estate. The Statute of Uses does not apply to wills intention is to be regarded (1st bk., 177; Burt. Comp. pl. 281).

T. D.-If you think you are equal to the task there can be no objection to your reading Coke's Reports. There is little that is obsolete, and the cases are of considerable importance, and form the groundwork of a large portion of the common law. The best edition is that by Mr. Thomas. There is no later edition and not likely to be one, as it would be a large and expensive undertaking to edit and bring out an edition with notes to the present time. You will find the perusal of it tough work.

C. G.-Fitzherbert's "Natura Brevium" is a very old work, and was one, in former times, of much utility, but it would not repay the time required for its perusal, to say nothing of the time required for the understanding of so much obsolete law. It is, indeed, occasionally quoted in court, but generally for some merely technical matter. We are satisfied that few counsel, even those at the Common Law bar, have read the work, and that a very great number have never consulted it; and certainly it would be quite preposterous for an articled clerk to devote any time to its perusal. We have never said anything against decennial clerks, nor sought to discourage their obtaining admittance into the profession. There cannot, however, be a doubt that the preliminary examination will tend to elevate the profession in the estimation of the public, and that must, certainly, be a gain. Whether Mr. Kennedy was ill-used or not is a very different question from that mentioned by you; we, however, agree with you that he has been unfairly treated, by reason of the prejudice you refer to.

MOOT POINTS.

No. 51.-Release of annuity.-A., by his will, gave an annuity to B., a married woman, whose husband is living, for her separate use, and without power of anticipation, and he expressly charged the whole of his real estate with this annuity, and declared that any sale of his real estate should be made subject to this annuity. A., being dead, his trustees some time since sold some of his property, in accordance with the terms of his will, by public auction, without mentioning this annuity either in the conditions of sale, or in the particulars, and the first notice the purchaser had of this annuity was when the abstract was sent in. The vendors propose that B. and her husband should join in the conveyance to the purchaser, to release this part of the property from the annuity, but the purchaser's solicitor contends that B. and her husband have not power to do so. Your opinion is requested whether, considering the terms of A.'s will, B. and her husband joining in the conveyance would release this property from payment of the annuity? If so, would the deed have to be acknowledged by B? If B. and her husband joining in the conveyance would not release this property, would you please advise the purchaser what steps he should take to get his property released from this annuity ?- OMEGA

No. 52,-Will-Construction of bequest.-A., by his will, dated 1835, bequeathed "All that his leasehold messuage, at Mn, and all his personal property, whatsoever and wheresoever, unto his wife B., her executors, administrators, and assigns, absolutely." In 1836 he bought another leasehold messuage at E- but made no alteration in his will, and died in 1845. Would his wife, on the decease of A., be entitled to this last-purchased house, or would it go to A.'s next of kin? I am aware that leasehold property would have been included under the general title of personal property; but will the specific bequest of the other leasehold house affect this construction? (See Williams on Executors, Pt. III. Bk. III., c. 2, s. 8.)—George CRUMBIE, 31, High Petergate, York.

NOTICES TO CORRESPONDENTS.

BOOK-KEEPING.-A correspondent informs us that a friend of his who passed last Trinity Term told him that the work generally used for book-keeping was that by A. K. Isbister (1862), price 9d., published by Longman and Co. It contains both single and double entry, the latter, it is presumed, is not requisite to be read.

NOTICES TO CORRESPONDENTS.

LEX. It is impossible to lay down any general rule as to a solicitor's conduct towards his articled clerk. There can, however, be no doubt that he is bound to teach his clerk, but this does not extend beyond what takes place in the office, and does not oblige him to read with the clerk, or even (strictly speaking) point out proper works for his perusal; but there can be few, if any, solicitors who would refuse such assistance as was in their power, provided the course of business was not interrupted thereby. It should be recollected that a solicitor's office is a place for business and not for theoretical studies. It would be well, if possible, that every articled clerk should spend twelve months in counsel's chambers, so as to obtain a more complete knowledge of the principles of the law; but appears that few clerks go to this extent, being satisfied if they can by any means pass successfully through the examinations, and overlooking the fact that it is really then that their difficulties begin, by reason of their incompetency.

it

LORDS' ACT.-The Lords' Act is the 32 Geo. 2, c. 28, and its object will be understood from its title, which is "An Act for the relief of debtors with respect to the imprisonment of their persons, and to oblige debtors who shall continue in execution in prison beyond a certain time, and for sums not exceeding what are mentioned in the Act to make discovery of and deliver upon oath their estates for the creditors' benefit. No petition can now be presented under this Act. (1 & 2 Vic. c. 110, s. 119).

W

ANTED, the Fifth Edition of STEPHEN'S COMMENTARIES. Any person having the above Work for sale, apply, stating price, CARRIAGE FREE, to GEORGE CRUMBIE, 31, High Petergate, York.

PERS

ERSONAL PROPERTY.-Principles of the Law of Personal Property. By Joshua Williams, 4th edit. (1860), 8vo. In good condition, 12s. 6d. Address, R. H. B. P., EXAMINATION CHRONICLE Office, 64 Offord-road. Barnsbury, London, N.

SEVE

EVERAL correspondents have sent Mr. Emanuel stamps for the published price of his musical compositions, instead of the cost price, as advertised in EXAMINATION CHRONICLE for September. The extra stamps have invariably been returned, but a gentleman, either from Liverpool or Cheltenham, whose letter and address were unfortunately lost last week, enclosed postage stamps for 6s. for copies of the fantasia "La Fille d'Israel," and the Song, "A Tear Drop on thy Bosom Fell." The cost price for publication of these two pieces is 2s. 9d.; if the correspondent will have the goodness to forward his address to Mr. Emanuel, the extra stamps will be returned to

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