A DIGEST OF THE QUESTIONS ASKED AT THE FINAL EXAMINATION OF ARTICLED CLERKS IN THE COMMON LAW, CONVEYANCING, AND FROM THE COMMENCEMENT OF THE EXAMINATIONS IN 1836 WITH ANSWERS; ARRANGED, AS FAR AS PRACTICABLE, IN THE SAME ORDER AS THE ALSO LISTS OF STATUTES REFERRED TO AND CASES CITED, WITH A TIME TABLE IN AN ACTION; AND THE MODE OF PROCEEDING, AND DIRECTIONS TO BE ATTENDED WITH THE RULES OF THE HONOUR EXAMINATION. BY RICHARD HALLILAY, Esq. THIRTEENTH EDITION. By H. WAKEHAM PURKIS, SOLICITOR. LONDON: HORACE COX, "LAW TIMES" OFFICE, 10, WELLINGTON STREET, STRAND, W.C. Preface to the Thirteenth Edition. IN no former edition of this work have greater alterations been required than in the present. The important Conveyancing Acts of 1881 and 1882, the Bills of Sale Amendment Act, 1882, the Settled Land Act, 1882, and the Married Women's Property Act, 1882, as also the New Rules of Court, have all come into operation since our last edition was published, and we have carefully amended, to the best of our ability, the former answers to meet the altered state of the law. If, as is probable, we have overlooked some minor points, or put a wrong construction on some of the new enactments, communications are requested for the benefit of future editions. 1, LINCOLN'S-INN-FIELDS. ८ Preface to the Fifth Edition. A FOURTH and larger Edition of this Digest having been exhausted, and a new one called for, I have used all diligence in the preparation of it. : Not only have many answers been re-written, but in the Common Law and Equity Branches the chapters have also been re-arranged. There are now several text writers, whose works are studied by all Law students of these are "Stephen's Commentaries," "Smith's Action at Law," "Williams on the Law of Real Property," "Smith's Manual of Equity Jurisprudence," &c. I have, therefore, not only referred to these works, as well as to statutes, rules, orders, and cases, as authorities for many answers, but, in order to assist, as much as possible, the articled clerk in his course of study, I have, so far as the questions would permit, followed the very arrangement of the works from which a majority of the answers is derived. Thus after grouping the questions and answers on the Law of Contracts under their respective heads, the practice part of the Common Law Branch is now arranged, chapter by chapter, with "Smith's Action at Law." So in arranging the questions on the Principles of Equity, I have followed the exact order of "Smith's Manual of Equity." The student will thus be enabled, after reading a chapter in any work on the Law of Contracts, but especially after doing so in either of these two works, to take up his digest and examine himself and ascertain if he retains the substance of what he has read, or whether further application is necessary. The Conveyancing branch I could not arrange to meet any one work, as the questions take so wide a scope, and are derived from such a variety of text books and cases. All the questions asked since the publication of the last Edition (including those for Trinity Term last, which will be found in the Appendix) have, of course, been added, as also several that had, notwithstanding great care, been omitted in former editions; and I have made the alterations rendered necessary by new statutes, orders, and decisions, including the County Court Amendment Act, which, |