demeanour, and in misdemeanours the parties are all principals. (4 Exam. Chron. 180, 315; ante, pp. 252, 253.)

IX. A. having attacked and wounded B. went to C., told him what he had done, and asked C. to allow him to stay that night in his barn in order to escape detection. C. consented, and A. remained there, and left on the following morning. After A. had left the barn B. died from the effect of the wound, and A. was convicted of murder.

Was C. an accessory to the murder? Give reasons for your opinion. ANS. C. was not an accessory to the murder, for till death ensued the felony was not complete, which is necessary to make the party accessory to that offence, though he might be accessory to another felony at that time complete.

X. If a person be indicted for a misdemeanour, and on his trial the facts proved amount to felony, what should be the verdict?

ANS. By 14 and 15 Vict. cap. 100, s. 12, a person so indicted may be found guilty of the misdemeanor, or the Court may discharge the jury and direct such person to be indicted for the felony.

XI. What are the essentials to constitute the crime of embezzlement?

ANS. The receipt by the prisoner, a person employed by the prosecutor, of property of the latter, which was fraudulently converted by the prisoner before it came into the prosecutor's possession (ante, p. 255.)

XII. What is the distinction between larceny and embezzlement?

ANS. In larceny the goods were in the possession of the master; in embezzlement in those of the servant (the prisoner) for his master. (Ante, p. 255; 5 Exam. Chron. 284.)

XIII. A. entered an agreement with B. and Co. as their agent and traveller, for the sale of goods at a weekly salary, and a commission on all goods sold by him. He undertook to collect all money in connection with his orders, and to account for it weekly. Afterwards A., with the consent of B. and Co., sold their goods on his own account, and thereupon it was agreed that his salary should cease, and his commission continue. A. invoiced the goods in the name of B. and Co., and he attended each week at B. and Co.'s office when the sales made to his customers were called over, and he stated whether or not he had received the money, and he paid B. and Co. accordingly. On one occasion he stated that he had not received two sums which had been paid to him. Was A. guilty of embezzlement? And state reasons for your

answer.

ANS. A. was not guilty of embezzlement, he not being the servant of B. and Co., but their mere agent. (Reg. v. Bowers, 35 Law Journ. M.C. 206.)

XIV. A. sold a picture bearing the name of a distinguished artist, knowing it to be a copy and the name to be a counterfeit imitation of the artist's mode of writing his name on his pictures, and by means of this name induced B. to buy the picture as a genuine work. Was A. guilty of uttering a forged name? State your reasons.

ANS. A. was not guilty of uttering a forged name, it not being the uttering of any false document, and coming within the doctrine of Reg. v. Smith, 27 Law Journ. M.C. 225.)

XV. If two or three persons unite in preferring a false and malicious indictment, for what crime may they be indicted? And suppose one person alone prefers such an indictment, can he be indicted?

ANS. The two or three who united may be indicted for conspiracy; the one alone cannot for that, nor does his act constitute any other offence; the remedy against him is for a malicious prosecution, as to which the reader is referred to Com. Law Princ. pp. 351-353; see 11 Week. Rep. 517.

INTERMEDIATE EXAMINATION.

(Michaelmas Term, 1867.)

COMMON LAW.

[The questions in this division are taken from Chitty on Contracts and the answers will, therefore, be found in that work.]

I. What are the chief distinctions between a specialty and a simple contract?

ANS. A specialty must be sealed and delivered, a simple contract not. A specialty, in general, requires no consideration but simple contracts require a valuable consideration. The limitation of actions on specialty contracts is twenty years, on simple contracts six years.

II. In what cases is a specialty debt entitled to priority of payment over a simple contract debt, and when is no such preference given?

ANS. A specialty debt has no priority over a simple contract debt except in the administration of legal assets on the death of the debtor. III. What is the rule as to mutuality in contracts ?

ANS. That there must be the mutual assent of both parties to all the terms of the agreement.

IV. What is an implied contract? Give instances.

ANS. It is one which rests merely on construction of law, being implied from the relations or conduct of the contracting parties, apart from any express agreement between them. Thus A. orders goods from B., but no mention of price or payment is made. The law implies a contract to pay the value of the goods. This is fully explained in Princ. Com. Law, 135, 136, where the distinction between an implied promise and an implied contract (frequently confounded) is pointed out.

V. What simple contracts are required by law to be in writing? ANS. Contracts by an executor to pay out of his own estate, by way of guarantee, in consideration of marriage, concerning land, not to be performed within a year, and on sale of goods of the value of £10 and upwards where no payment or delivery is made. The writing in the above cases is required by ss. 4 and 17 of the Statute of Frauds, 29 Car. 2, c. 3, the provisions of which are fully noticed in Princ. Com Law, 136-180, and shortly in F. Bk. 206.

VI. What is the rule as to giving parol evidence, to contradict

or vary a written contract?

ANS. Where a contract is in writing, parol evidence is not admissible to contradict or vary it. But it is admissible to explain any latent ambiguity as to the meaning of the terms used, and for that purpose evidence of usage and custom is frequently given. The rule is founded on the principle that the best evidence the nature of a case admits of must be produced, and it is evident that a writing is more reliable than the memory of a witness. (See Princ. Com. Law, 11-15, where the rule is stated and practically illustrated.)

VII. In what cases may an agent sue in his own name? ANS. An agent may sue in his own name where the principal is undisclosed, or the agent has a beneficial interest in the contract or a lien for the price, or the contract is under seal. This subject is noticed in Princ. Com. Law, pp. 53-56, pointing out the cases in which principal or agent may sue on contracts made by an agent.

CONVEYANCING.

[The questions in this division are taken from Williams on Real Property, in which work, therefore, the full answers will be found.]

I. If a conveyance be now made to A. and his heirs upon trust for B. and his heirs, what estate, if any, does A. take? ANS. B. takes the legal and also the equitable estate in fee, for whether the word " use or trust" be used, the Statute of Uses has effect. (See F. Bk. 175-178.)

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II. If a gift be made unto and to the use of A. and his heirs, to the use of B. and his heirs, what estate, if any, does A. take?

ANS. A. takes the legal estate in fee simple, B. the equitable interest in fee simple. The case is not within the Statute of Uses, which applies only where a person is seised to the use of another, and in the question it is seised to his own use. (See F. Bk. 177; 6 B. & Cr. 345.)

III. With regard to what women does the old law of dower still continue in force?

ANS. To women married on or before the 31st of December, 1833. (F. Bk. 127.)

IV. If land be conveyed to a man and his heirs, to such uses as A. shall appoint, and A. appoint the lands to the use of himself in fee, does A. thereby acquire any, and if any, what estate in those lands?

ANS. A. thereby acquires a legal estate in fee simple, the appointment being a limitation of the use or legal estate. (See Law Rep. 1 Exch. 226, where it is laid down that the estate of an appointee is part of the original estate of the donor of the power, and is not derived from the donee.)

V. What are the usual provisions contained in a settlement of lands?

ANS. Powers to raise the wife's jointure, to raise portions for younger children, to the husband during life, and the trustees afterwards, to grant leases for various periods, to trustees, at request of husband, to effect a partition, to sell and exchange, to sell and purchase minerals separately, and lands with or without minerals, to invest the produce until purchase, &c. (See 5 Exam. Chron. 194, 195, and references; ante, pp. 83, 84.)

VI. What is the use of conveying by means of the general words at the ends of the parcels all ways, &c., used or enjoyed with the premises?

ANS. To pass such rights as are not appurtenant to, though usually enjoyed with, the land. Such is the statement contained in the most approved work on Conveyancing (1 Davidson's Preced. 88, 89), though in 2nd, 167, note, it is said that easements not annexed to the land will not pass even by express grant.

VII. What is the meaning of foreclosing the mortgagor's equity of redemption?

ANS. Putting an end to all claim by the mortgagor to the mortgaged estate.

BOOK-KEEPING.

The following questions and answers are furnished us by Mr. John H. Tattersall, of Blackburn :—

I. A., in Brazil, consigns 500 tons of sugar to B., his correspondent in London, and draws a bill at three months on B. for £100 on account of the consignment, B. realises the sugar, and renders to A. an account of the transaction. Show in what way this account should be stated.

ANS. The account might be stated by heading it "Sales 500 tons of sugar from Brazil on account of A," and entering on the debtor side the amount of the bill and charges, including duty, freight, insurance, commission, &c., and on the creditor side the various sales. (See Tattersall's Digest, ante, p. 209.)

II. A., shipbroker in London, advances to B., a shipowner, £1000 against the homeward freight of a ship belonging to B., which A. is employed to collect. A collects the freight, pays the seamen's wages and other disbursements, repays himself his advance with interest, and accounts to B. for the balance. How should such an account be stated?

ANS. By designating it with some appropriate title, and entering on the debtor side the cash advanced, interest, seamen's wages, and other disbursements, and on the creditor side the amount of freight collected.

III. Goods to the amount of £1000 are sold and delivered by A. to B. B. pays for them to the extent of £500 in money and the remainder in other goods. State the transaction in the form of account.

Nov. 14. To goods £1000 0 0 Nov. 14. By cash £500 0 0

IV. A tradesman sells goods to customers for which he from
time to time receives payment.
In what books should these
sales and receipts be entered?

ANS. The sales should be entered in the day-book, and posted to the debtor side of the customer's account in the ledger. The receipts should be recorded on the debtor side of the cash-book and posted to the creditor side of the customer's account. (See Tattersall's Digest, ante, p. 207.)

[No. V. will be given in next number.]