NOTICES TO CORRESPONDENTS. ** All communications (strictly Editorial) may be addressed to the Editor, WM. HEMINGS, Esq., Barrister-at-Law, 6, Symonds' Inn, Chancery-lane, London, W.C. Every other communication to be addressed to the EXAMINATION CHRONICLE Office. EXAMINATION BEFORE 21.-Our correspondent "T," to whom we gave an answer at p. 22, writes thus: "I have communicated with the Secretary of the Incorporated Law Society as to whether I could apply for Final Examination in Hilary Term, 1869, notwithstanding the fact that I should not then have attained my majority. In reply to my letter he states that I must be examined in Easter Term, 1869, if I do not attain my majority before. Your opinion is therefore correct, but I confess it seems somewhat at variance with the 23 and 24 Vict. c. 127, s. 12.” BURN'S JUSTICE.-The new edition of this old work has been long promised, but has not yet appeared, and it is uncertain when it will do so. It is so large a production that though several gentlemen are engaged in the editing it is a great undertaking, and the probability is that some of the editors may unexpectedly be employed in professional matters, and that may occasion delay. It is intended to curtail some of the older matter, and otherwise condense the work, so as to make it less bulky than formerly. M. A. We know that it is usual for the agent to take the articled clerk of the country solicitor for twelve months without any premium; but though this is the usual practice there may be exceptions, but if so this must arise from peculiar circumstances. Agents are in general only too glad to receive clerks, as it is pretty well understood that they thus secure future clients, whilst if clerks go elsewhere there is danger of losing their agency; and this would be likely to be the case if any agent should exact a premium for the twelvemonth's attendance in the office. LEGAL CHANGES. By the death of Lord Justice Sir George Turner a vacancy occurred in the Court of Appeal in Chancery, which has been filled up by the appointment of Sir John Rolt, late AttorneyGeneral, as a Lord Justice. Lord Cairns is now the senior Lord Justice, Sir J. B. Karslake, the late Solicitor-General, is now Attorney-General, and Mr. C. J. Selwyn, Q.C., has become SolicitorGeneral. There can be no doubt that the late Sir George Turner was a most able judge, though some persons complained that he was too technical, but that is a very doubtful point of objection, and there is as little doubt that the new Lord Justice will fill the post as ably as any man can do. In fact, the appointment is one which gives universal satisfaction. T. C. L.-A third edition of Mr. Smith's Manual of Common Law has lately appeared, price 12s 6d. There does not appear to be much, if any, improvement in the work, at least so far as regards the mode of editing it. There is the same absence of principles and the same statement of mere fact as before, but still the work may be of some assistance. It would be very serviceable if some competent person would publish a companion work, calling attention to the principles upon which the statements are based, but we fear such a work would not be sufficiently appreciated to become remunerative. 66 DUTY OF VOLUNTEERS IN TIMES OF RIOT.-The following is an extract from the memorandum, "in regard to the employment of volunteers in aid of the civil power," issued from the War Office :— 3. The civil authority is not in any case entitled to call upon or order volunteers to act as a military body, with or without arms, in the preservation of the peace. 4. Members of the volunteer force may, in common with all her Majesty's subjects, be called upon and required by the civil authority to act as special constables for the purpose of suppressing and quelling riots. 5. In cases of riots and disturbances not amounting to insurrection, and not having for their object the commission of felonious acts or the subversion of the civil Government, special constables, whether volunteers or others, should' not be armed with or use any weapon other than the ordinary constable's staff; and in such cases no volunteer should, when acting as a special constable, appear in his military dress. 6. In cases of serious and dangerous riots and disturbances-for instance, in case of insurrection, or of riots having for their object the commission of felonious acts or the subversion of the civil government-the civil authority may call upon and require her Majesty's subjects generally, including volunteers, to arm themselves with and use such other weapons of defence or attack as may be in their power and may be suitable for the occasion, and such other weapons may be used accordingly, by her Majesty's subjects, including volunteers, according to the necessity of the occasion." MOOT POINTS. No. 20.-Devise.-A., by his last will and testament, gave and bequeathed “unto his sister B. the messuage or tenement wherein he then resided, and the appurtenants thereto belonging, for the term of her natural life, and immediately after her decease testator gave and bequeathed the same unto his nephew C. and his heirs for ever; but in case he the said C. die before the testator's said sister B., or he die without issue, then the said testator gave at the decease of his said sister B. the said messuage or tenement, with the appurtenances thereto belonging, unto his nephew D. and his heirs for ever." A., the testator, died in 1824, B, the tenant for life, in 1836; C., on the decease of B. the tenant for life, entered into the receipt of the rents and profits of the messuage, and died in 1865 without issue; D. died in the lifetime of C., leaving E., his eldest son and heir-at-law, who now claims the property under the devise over. I should be glad of the opinion of correspondents as to whether E. is so entitled as to make a good title to a purchaser ?—GEORGE CROSBY, jun., 64, Fish-street, Banbury. No. 21.-Will-Codicils-Destroying.-In 1848 A. makes his will; in 1850 he makes a codicil, but some years afterwards makes another codicil revoking the former one; he subsequently destroys the latter codicil, and dies. Will the destruction of the latter revive the former one, supposing the executions are both good? No. 22.- Articled clerk-Committee-man.—An articled clerk is a member of a benefit building society, and was, a year ago, elected on the committee -a post which all members, if elected, must serve on, as it is provided by the rules, or pay a certain fine. The society's business is only carried on out of business hours, and the only remuneration he receives for attending committee meetings varies from 1s. to 4s. each meeting, as he does not go in his professional character. Will this be sufficient to make his service under his articles defective, if he does it without the knowledge or consent of his principal ? No. 23.-Apprentice.-A. was apprenticed to B. on January 1st, 1863, to learn the trade of a carpenter, and was bound to serve him for five years. The articles were executed by A., B., and C. the father of A. B. is desirous of giving up his business to his son D., and consequently has the articles assigned to D. D. takes the assignment, when drawn, to A., and tells him that his father agrees to the assignment, and wishes him to sign it, which A. does, believing the statement to be true. It turns out that C. had never been consulted on the subject, and would have objected to such an assignment. D., who is now only eighteen, is desirous of upsetting it. (1) Is the assignment good either at law or in equity, and does it bind A.; if not, what course ought he to pursue in either case to upset it? (2) Ought not C. to have executed the assignment? (3) If it be invalid, does B. render himself liable to an action by giving up the business before A.'s term is completed?-L. LANE, W. S. Jones', Esq., Malmesbury, Wilts. SUBS. (1) No account is published; (2) proportion of marks not known. * NOTICES TO CORRESPONDENTS. All communications (strictly Editorial) may be addressed to the Editor, WM. HEMINGS, ESQ., Barrister-at-Law, 6, Symonds' Inn, Chancery-lane, London, W.C. Every other communication to be addressed to the EXAMINATION CHRONICLE Office. ARTICLED CLERKS HOLDING OFFICES, &c.-The following may be of general interest, and we therefore give it in extenso:-" My principal is the steward of several manors in the neighbourhood, and I have been in the habit of attending their various court barons with him. He is wishful that I should, in his absence, act as deputy steward. Do you think that my doing so would be contrary to Stat. 23 & 24 Vict. c. 137, which provides that no person bound by articles of clerkship, &c., to any attorney, &c., shall, during the term of service mentioned in the articles, hold any office or engage in any employment other than the employment of clerk to such attorney, &c., or would it be likely to cause me any trouble? I should receive no remuneration whatever, and the only benefit to me would be the knowledge I should acquire by taking the admittances, &c. (See re Peppercorn, L. Reports C. P. 473.)"-[Note.-Our opinion is that our correspondent might safely act as deputy steward in the manner and under the circumstances above stated. Still, the examiners appear inclined to be so strict that possibly some difficulty might be raised by them, and our correspondent be put to the expense and annoyance of a special application to the court, and it is therefore a question of prudence whether he should act in the above office. We may observe that, as our correspondent would be really acting as the clerk or deputy of or for his principal, his case is still more favourable than the one referred to by him.-ED.] เ EXAMINATION BEFORE MAJORITY.-A correspondent writes to us thus "It may be satisfactory to your correspondent, T.' (ante, p. xxii) to know that I obtained an order last Easter for my final examination in Michaelmas next, although I shall not attain my majority until July, 1868."-[We presume that our correspondent must have shown some special grounds for obtaining such order, and we shall be glad to know what they were for the benefit of our subscribers, especially of "T."] M. H. G.-As you were articled in June, 1866, you cannot go up for your Intermediate Examination earlier than in Trinity Term, 1868. The Rules say that the Examination (Intermediate) shall be "either in the Term in which one-half of his [the articled clerk's] time of service shall expire, or in one of the two Terms next before, or one of the two Terms next after one half of his Term of service, or in some one of the said five several Terms." (3 Exam. Chron. 55, 56.) |