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No. 43-Vol. IV.

THE

HE CHESS PLAYER; Edited by KLING and HORWITZ. This Work forms a complete Encyclopædia of the Game, containing Elementary Lessons for Beginners-a variety of Games by the best Players, with copious Notes-Chess Problems and Studies by the most eminent Masters, with Solutions-A Series of Papers on the History and Literature of Chess, from the earliest period to the present time-together with numerous other matters of importance to Amateurs.

London: T. F. A. DAY, 13, Carey-street, Liucoln's-inn.

HOLLOWAY'S

OINTMENT and PILLS, Invincible Remedies for Scorbutic Eruptions. Mr. Spivey, Chemist, Howden, states that a customer of his had suffered for fifteen years with scorbutic humour in the face, and had consulted the most eminent medical men in the town and neighbourhood, without deriving the slighest benefit; a few weeks ago, I advised her to give your Ointment and Pills a trial, which she did, and after taking a few boxes of Pills, and using the Ointment, I am happy to say they have effected a complete cure.

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NOW READY

(8th and further Improved Edition, 1857), Price 8s. 6d., cloth,

ROUSE'S PRACTICAL MAN,

IVING nearly 400 carefully prepared Forms in lection of Tables and Rules applicable to the Management of Estates and Property, and to all calculations dependent on Lives, Reversions, Terminable Payments, &c., many of the Tables being published in no other Work. BY ROLLA ROUSE, Esq.,

Barrister at Law, Author of “The Practical Conveyancer," &c. &c. this edition a new Title, "Executors and Adminis

IN

keeping such accounts and those of Trustees, and as to the forms of such accounts in matters of detail.

As to LEGACY DUTY, full instructions are given for the payment of Duty on Legacies, Annuities and Residue, and filling up and passing Discharges and Accounts, and the like as to Succession Duty.

INSTRUCTIONS and FORMS are also given as to amending Probate Duty and obtaining a return of duty on account of debts paid.

The PROVISIONS OF THE RECENT ACTS as to Leases and Sales of Settled Estates, Acknowledgments and Limitations of Actions, Arrest of Absconding Debtors, Registry of Annuity Deeds, Summary Remedies on Bills of Exchange, Guarantees, Militia Officers' Qualification, and Recovery of Tenements by Landlords, are also given.

In several of the Titles many, and in some cases all, of the Forms have been redrawn to accord with changes of the Law, and in other Titles additional Forms have been inserted.

In the Title "Stamps" additional distinctness has been given to the heading of each subject of charge.

In Part 2, the Rules have been carefully looked through and several new Rules given; and in Part 3, a Rule for Calculating the Value of an Annuity until two of three named lives fall has been added.

In the TABLES, one has been added which will be found of much utility, as from it, in a simple manner, the price of Corn in shillings and pence per quarter, as compared with that in francs per hectolitre, can be readily ascertained.

The present edition contains, in Part 1,-Acknowledgments, Absconding Debtors' Arrest, Affidavits, Agreements, Annuities, Arbitrations, Arrest of Debtors, and Bail, Attestations, Bankruptcy, Bills of Exchange, Bills of Sale, Bonds, Cognovits, Conditions of Sale, Contracts for Sale, Debtor and Creditor Deeds, Distresses and Replevins, Distribution of Intestates' Estate, Ejectment, Executors and Administrators' Accounts, Inheritance to Real Property, Landlord and Tenant Act, Leases and Sales of Settled Estates, Leases of Cottages, Legacy Duty Instructions, &c., Malt Duty Return, Militia Officers' Qualification, Notes of Hand, Notices (forty-nine forms), Partnerships, Powers of Attorney, Recovery of Tenements by Landlords, Releases, Riot Damages, Undertakings, Warrants of Attorney, Warranty of a Horse, and Wills (the last Title giving practical suggestions as to their preparation), more than one hundred Forms, and twenty-one Outline Wills. This part concludes with a full statement of the Stamp Duties and those on Legacies and Succession.

Part 2. Measurements and General Computation, giving Rules for Measuring Surfaces, Contents, and Distances, Roots and Thatchers' Work, Stacks, Manure, Weight of Bullocks, Contents of Timber and Wood, Cisterns, Tanks, and Casks, Weight of Cast and Wrought Iron, Sheet Lead, Bar Iron, Lead and Iron Pipes, &c., Weight and Contents of Coppers, Artificers' Work, Comparison of English and French Measures, Weights, and Money, and including, in this edition, the Price of Corn. Part 3. Property and Life Valuations, &c. Introductory Remarks and Instructions, Estates part Freehold and part Copyhold, Freehold, Copyhold, and Leasehold, for Years and for Lives, Annuities on a Single Life or on any number of Joint Lives or Survivorships, the like Deferred or Determinable on Life or Lives, Reversionary Annuities, Apportionment of Interest in Annuities, Reversions and Next Presentations, Deferred Payments, Leaseholds for Years or Lives, Rent to pay named per Centage, Beneficial Value in Leases, Additional Rent equal to Premium, Renewing or Adding a Life in Copyholds, Church Collegiate and other renewable Leaseholds, Copyhold Enfranchisements, Accumulation of Sum or Yearly Sums, Value of Life Policies or surrendering Bonus on a Life Policy, Yearly, half-yearly, and quarterly Payments, Interest, Income, and Salaries, Property Tax, Sale of Interest on Investment in different Stocks, also on Purchase or Sale of Leaseholds and Annuities for years certain, Interest on Leasehold equal to perpetuity of 4 per Cent., &c., &c.

Part 4. Succession Duty Rules and Calculations.

London: T. F. A. DAY, 13, Carey St., Lincoln's Inn, W.C.

ANSWERS TO MOOT POINTS.

No. 149.-Benefit Societies—Alteration of Allowance (vol. 3, p. xxxvi).

These societies are regulated by 13 & 14 Vic. c. 115, whereby they are empowered to make rules, some of which may very probably provide for the case in question.

It is improbable that the weekly payment to A. has been reduced without sufficient grounds arising from the state of the funds of the society, if it be not in accordance with some regulation of the society, providing for a reduction after payment for a certain length of time, which is very usual. By section 15, an annual account is required to be made up, and each member is entitled to a copy on payment of sixpence.

A. should, therefore, obtain a copy of the rules and account, and if the rules do not provide for a settlement of the dispute, I apprehend that it can be determined in the county court under section 22. L. C., jun. No. 155.-Maintenance of Grandfather (vol. 3, p. xxxix).

Although a grandfather is compellable to maintain his grandson, the latter is in no case compellable to maintain the former (Steph. Com., vol. 3, p. 165). P. R. J.

No. 156.-Tender in Copper (vol. 3, p. xxxix). I think differently from the mooter; for the meaning of the statute referred to appears to be that debts must, as a general rule, be paid in gold, but that, for convenience sake, those not exceeding 40s. may be paid in silver instead. Copper may only be tendered where the debt is so small that it cannot be paid in silver (Steph. Com., vol. 3, p. 165). P. R. J. No. 167.-Will-Moneys due to Testator (vol. 3, p. xlii).

I am unable to cite any authority directly applying to this point; yet, since the moneys secured on the mortgage and promissory notes were "due at the time of testator's decease," I have no doubt that under the bequest they will pass as well as any other debts. There may be some doubt whether the legal estate in the mortgaged property will pass. If that were the point, I should express my opinion in the affirmative, for we find, in Silberschilt v. Schiott (3 Ves. & B. 49), Sir Wm. Grant remarking, that "there is no doubt a gift of the money would have carried his (testator's) interest in the land upon which it is secured." If the legal estate does not pass, the securities will pass, along with the moneys, to the legatee as against the heir at law, to whom in such a case the legal estate will pass. T. H. No. 15.-Ringing, &c., Church Bells (ante, p. 146).

In answer to your correspondent, W. H. S., on the

above point, I beg to refer him to Burn's Ecclesiastical Law, where, under the heading "Bells" (vol. 1, pp. 134, 135), he will find the required information. The article commences by quoting Can. 88, to the following effect: "The churchwardens or questmen, and their assistants, shall not suffer the bells to be rung superstitiously, upon holidays or eves abrogated by the Book of Common Prayer, nor at any other times, without good cause, to be allowed by the minister of the place, and by themselves.”

Now, from this alone we see that the churchwardens, even with "good cause," must consult the minister before acting. They have, it is true, on certain occasions, such as burials, &c., undoubted right to exercise their authority, but in all other cases the incumbent's authority must first be obtained.

Burn further observes, that "although the churchwardens may concur in directing the ringing or tolling of the bells on certain public and private occasions, the incumbent, nevertheless, has so far the control over the bells of the church, that he may prevent the churchwardens from ringing or tolling them at undue hours, and without just cause. Indeed, as the freehold of the church is vested in the incumbent, there is no doubt that he has a right to the custody of the keys of the church, subject to the granting admission to the churchwardens, for purposes connected with the due execution of their office. Proceedings may be instituted in the Ecclesiastical Court against churchwardens who have violently and illegally persisted in ringing the bells without consent of the incumbent."

Therefore, when churchwardens have, in the course of their general duty, to enter the church, and cause the bells to be rung, we may infer that they need not ask the consent of the minister further than by asking him, or his deputy, for the key.

As to the right of the incumbent to the custody of the key, Sir John Nicholl, in Lee v. Matthews (3 Hagg. 173), held, that "the minister has, in the first instance, the right to the possession of the key, and the churchwardens have only the custody of the church under him. If the minister refuses access to the church on fitting occasions, he will be set right on application and complaint to higher authorities."

Wherefore, I am of opinion that the minister has the right to the custody of the key, and may order the bell to be rung or not, provided it be on occasions when the ringing is optional, and not commanded by law. The churchwardens have clearly no authority in the matter of ringing bells (except on certain occasions) without the consent of the minister.

P. L. H.

No. 15.--Ringing, &c., Church Bells (ante, p. 146). The control of the bells is vested in the rector and churchwardens jointly.

By the 88th canon, it is declared that "the churchwardens or questmen and their assistants shall not suffer the bells to be rung superstitiously upon holidays or eves abrogated by the book of common prayer, nor at any other times, without good cause to be allowed by the minister of the place, and by themselves."

This would seem to make a joint consent necessary, but the law on the subject is fully set out in 1 Burn's. Eccl. Law, p. 134, 9th ed., as follows:"Although the churchwardens may concur in directing the ringing or tolling of the bells on certain public and private occasions, the incumbent nevertheless has so far the control over the bells of the

church, that he may prevent the churchwardens from ringing or tolling them at undue hours and without just cause. Indeed as the freehold of the church is vested in the incumbent, there is no doubt that he has a right to the custody of the keys of the church subject to the grant of admission to the churchwardens for purposes connected with the due execution of their office. Proceedings may be instituted in the ecclesiastical court against churchwardens who have violently and illegally persisted in ringing the bells without consent of the incumbent."

L. C., jun. No. 16. Landlord and Tenant-Stamp on Letting (ante, p. 146).

Archbold, in his law of Landlord and Tenant (p. 62), says: "That an agreement for a lease, if under seal, must have a £1 15s. stamp as an instrument not otherwise charged. But an instrument whereby a landlord agrees to let and a tenant agrees to take' is a lease (see Tarte v. Darby et al., 15 Law J. 326, Ex.; and Archbold's Landlord and Tenant, p. 21), and must, consequently, have a lease stamp as being a deed, but then it must be under seal if it come within 8 & 9 Vic. c. 106, s. 3, which requires leases required by law to be in writing to be under seal; but although this lease need not have been in writing, I am inclined to think that being in writing, and being a lease, it ought to be under seal, and have an ad valorem lease stamp. L. C., jun. No. 16.-Landlord and Tenant-Stamp on Letting (ante, p. 146).

This instrument should be stamped with the ad valorem duty as a lease. All agreements for letting property at an annual rent must be so stamped; the common agreement stamp of 2s. 6d. has no effect whatever in such cases. W. M. S. No. 17.-Mortgage-Sale-Application of Money (ante, p. 146).

A mortgage debt is an entire obligation for the fulfilment of which every part of the land mortgaged is a security, and the mortgagee or his representa

tives may, in exercise of their power of sale, resort to any part of the land they choose, and as soon as the choice is made the remaining part of the land is exonerated from the whole or part of the debt according to the amount of the sale moneys, and this exoneration does not, in any manner, depend on the application the mortgagee chooses to make of the sale moneys, but upon the principle, that when any part of the security is realised, the proceeds must go in immediate payment of part or the whole of the thing secured in exoneration of the remainder of the security. This right of exoneration E. would clearly be able to insist upon, were the original mortgage to B. the only real incumbrance. Nor is the position of parties altered by the fact of there being a second mortgage of C.'s part of the land, particularly as it is made to B. himself. A second mortgage is subject in every respect to the prior one, and must abide its discharge. I am decidedly of opinion (with the mooter) that the whole of the purchase money must be applied in payment of the first mortgage affecting the whole estate, and that that part which belongs to D. will thenceforth be wholly exonerated from all claims in respect thereof. I write this answer in haste, which will account for my citing no cases. A. L. TROTMAN. No. 17.-Mortgage-Sale-Application of Money (ante, p. 146).

I assume from the case stated that C. and D. are tenants in common of the estate, and that A. died after the 1st January, 1855, so as to bring the estate within the provisions of the act 17 & 18 Vic. c. 113,

s. 1.

I am clearly of opinion that "P. has a further claim on D.'s part of the premises," and I draw my conclusions from the following premises :

In case of an estate descending cum onere to tenants in common, equity would apportion the incumbrances; thus, the undivided moieties of C. and D. are each respectively liable to £150.

A mortgagee, selling under his power of sale, is bound to convey free from prior mortgages (unless it be expressly stipulated to the contrary, which does not appear to have been the case here), and in this case, a purchaser seeing to the application of his purchase money, could only require the moiety of C. to be exonerated from the charge of £150, which is the total amount that is equitably charged on it, and B. would therefore, have to come on the other moiety for the residue of his first charge of £300.

If it be argued that B. can raise the whole of his first debt (charged upon the whole) out of C.'s moiety, the same rule (if established) would give him the power of satisfying the whole out of D.'s moiety.

If the estate be actually apportioned between C. and D., I think there can be not the slightest doubt that each part would be liable for one-half the original debt only.

Take the case (which is somewhat similar) of one, being the first mortgagee of two estates, and one of them is afterwards further mortgaged to a second

mortgagee. There the first mortgagee is compelled to resort first to that estate which is not subject to the second mortgagee's incumbrance, lest, by the first mortgagee exhausting the estate comprised in the second mortgage, the second mortgagee should be left without any security (see Coote on Mortgages, p. 507).

I conceive that the same principle would apply here, and that, consequently, D.'s moiety is liable to the mortgagee to the extent of £150.

If A. died before 1st January, 1855 (unless it were otherwise directed by the will), C. and D. would be entitled (and, consequently, B. would benefit by it) to have the mortgage debt of the testator discharged out of his personal estate.

B. would therefore, in that case, appear to have acted rightly in selling C.'s moiety to satisfy his second mortgage, and would then call upon A.'s executors for the first £300. L. C., Jun.

No. 17.-Mortgage-Sale-Application of Money (ante, p. 146).

I think the purchase-money arising from the sale of C.'s share must be applied in payment of the whole of the first mortgage debt.

A. mortgaged the premises to B., and then divided the same by his will, subject to the mortgage between C. and D. Under this devise, C. and D. would take each of them his share in severalty in the equitable estate, the legal estate being vested solely in B.; but they would hold jointly as against B.'s mortgage-that is, their lands would be subject to the mortgage in the same manner as if they were held by one person solely. C. further charges his share-that is, he executes a charge upon his share in the equity of redemption in the entirety. B., in exercise of a power, sells C.'s share. The first mortgage, being a prior charge upon the whole and every part of the premises devised to C. and D., must then be first discharged, and such discharge will exonerate the whole of the same premises.

If B. out of the proceeds arising from the sale of C.'s share has been paid his first mortgage debt, interest, &c., he has certainly no claim on D.'s share, for D's share is only liable to the first mortgage, and when that is discharged the liability ceases. But B. may, if he pleases, first sell D.'s share in discharge of the first mortgage, and then sell C.'s in order to pay himself the second mortgage debt.

If C.'s share is sold, and the first mortgage debt thereby paid, C. has a right in equity to call upon D. for an account, and compel him to pay a proportionate part of the mortgage debt, and vice versa.

T. H.

NOTICES TO CORRESPONDENTS.

LOVER OF LAW.-We will, as you suggest, mention, when we know, the prices of the books noticed. W. F. S.-We feel no doubt that the service is good, the attendance at C.'s office being with the consent of B., and for the benefit of A.

AN ARTICLED CLERK.-An articled clerk cannot be examined before the termination of his articles, except where the articles terminate in the same

term. There is no doubt that a bachelor of arts serving for three years can be admitted, though he has taken a master's degree prior to the application to be admitted.

H. W.-The procuration charge is 5s. per centum. There is now no statute regulating this. There was a statute allowing 5s. per cent. on such transactions, but this is now repealed (1 Law Chron. 150). G. C. - We cannot, at present, issue the "Library" more frequently. It would be impossible to bring out a number of each work simultaneously. We doubt if our subscribers generally would approve of any change.

A. B. C.-You should read more each day, and discuss the matters with any one willing to do so. Diligence is the only remedy.

LEX (Birmingham).-We cannot make any alteration. If, indeed, there was an overwhelming necessity, it would be different; but most of our subscribers are satisfied.

M. O. S.-We have not heard of any further volume by Mr. Williams. The one published before is complete of itself.

LEX.-The only work which we know of, embracing all the matters referred to, is Mr. Ward's Treatise on Investments, 2nd edit.; Simpkin and Marshall. It is written by a solicitor, but contains practical information upon investments, including railway, turnpikes, mines, the funds, building societies, &c. You will certainly find it worth the money.

W. R. W.-You would be required to answer many more questions in Equity and Common Law. Your proficiency in the Conveyancing might somewhat mollify the examiners with respect to the other branches, but would not supersede the necessity for answering, at least, one-half of the Equity and Common Law Questions correctly.

T. L. B.-We know of no later edition than that mentioned by you.

P. S. O.-We are sorry your communication has been hitherto overlooked. We will notice it in next Number.

E. We wish we could obtain a copy of the answers by a candidate; some years ago we tried both the examiners and the candidates, but could not succeed. We think it would be exceedingly useful and interesting, but it is certain that the examiners will not give leave, and the candidates, after they have passed, no longer feel such an interest as to induce them to take the trouble to furnish copies of their answers.

LISTS OF CORRESPONDENTS.-The following are the only additional names to the lists published ante, pp. 10, 14, and 20, namely:-Mr. Thomas Horwood, of Aylesbury; Mr. H. Nunneley, of Boston; Mr. W. F. Sykes, Carlisle; Mr. E. A. Ward; S. P. Brookes, Esq., solicitor, Tewkesbury; Mr. H. Whiteford, Courtenay-street, Plymouth.

The christian name of Mr. Brough is not correctly stated ante, p. 20, it should be altered to Mr. “T. L." Brough.

Printed and published by THOMAS F. A. Dar, at his residence. No. 13, Carey-street, Lincoln's-inn-fields, in the parish of St, Clement Danes, in the county of Middlesex. - Tuesday, December 2, 1857.