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THE LAW STUDENTS' LIBRARY.

The Law Students' First Book. By the EDITORS OF THE LAW CHRONICLE. Parts 1-5. Day, 13, Carey-street.

The above work is one of a series which we are engaged in producing in order to meet the requirements of the profession. It is not our intention to give a formal notice of the work whose title is above given, and which is now in course of publication, but rather to explain the object and plan of the whole intended series, which we are the more anxious to do as we find great misconception prevails among several of the subscribers.

The various works are intended to be of a practical nature, giving in as small a compass, and at as moderate a price as possible, matter of importance as well to the student as to the solicitor. With respect to the student, it has been, in the first place, assumed (and experience is the basis of such assumption) that the sooner he gets initiated into the practical parts of the profession the better; that theory will be better appreciated after the student has obtained a good insight into practical matters. In the next place, that for such purpose a series of works founded, in a great degree, on the actual modern decisions will be infinitely more useful, as being more likely to be read and understood than larger works written in a more diffuse style, and aiming at completeness. In the next place, a not unimportant consideration is, that nothing be given which will have to be immediately unlearned, on account of obsoleteness or recent statutes; and also, that not only is the time of the reader to be saved, but also his pocket, by furnishing him with just what he requires without any extraneous matters. These are the points which have been kept in view in drawing up the plan of the LIBRARY. The series will comprise the following works:-I. The Law Students' First Book; II. The Principles of the Common Law; III. The Practice of the Common Law; IV. The Principles of Equity; V. The Practice of Equity; VI. The Principles of Conveyancing; VII. The Bankruptcy Laws; VIII. The Criminal Laws. Originally, a number of forty pages was issued monthly; but, on the request of several subscribers, this has been inIcreased to eighty pages; and for the future each work will be completed in four numbers; the price of each number being 2s.--making 8s. per volume. The present work has somewhat exceeded these limits, but it will be complete in March next. We are surprised to find, from a recent communication, that two matters do not meet with the approbation of all the subscribers:-1, the price; 2, the references to this publication. As to the first, it is alleged that the work is too dear; much less being given for the money than is usual. This is a great mistake; just the reverse being the case, as will be evident by comparison with other works. Take Hughes' Practice of Conveyancing. For a part of that work, containing 108 pages, the charge is 3s. 6d., and the page is much smaller than ours; whilst we give eighty pages for 2s., or at the rate of 140 pages for 38. 6d., being, in fact, more than equal to double the quantity for the same sum. Again, take Fisher on Mortgages, and for 800 pages the charge is 25s. ;

whilst we give for that money at the rate of 1000 pages. It will therefore be apparent that the LIBRARY is an unusually cheap work. As to the second grievance-viz., that frequent references are made to this publication, we must admit the charge, but we really think it a great advantage, especially in such a work as the FIRST BOOK, where, from the variety of subjects noticed, it has been impossible to treat of them always at the length which their importance might merit. We thought this deficiency might be well supplied by referring to the pages of THE LAW CHRONICLE for further information, and we cannot but think that this very much adds to the value of the work to those who have the CHRONICLE. Indeed, a great feature of the works is, that they will contain references to each other, and so make up, when completed, a series of uniform treatises, and the addition of references to the CHRONICLE appeared to offer a good opportunity of extending this feature. cannot think that any of our readers who have the CHRONICLE can object to this, as really it brings within a small compass, and in a readily accessible manner, a much larger amount of information than could have been given in three times the space.

We

As there may be some of the readers of the CHRONICLE Who have not yet seen the LIBRARY, we will give an extract to enable them to judge for themselves whether it is a work which will or not be serviceable to them. We should have added that the real title of the work ought to have been " Outlines of Practical Law," and this announcement will probably prevent the reader from being surprised at the practical nature of the work :—

Reading, executing, and delivering deeds.-To make a good deed, it must be read to any of the parties who desire it; for otherwise as to him, it is void. So also the party whose deed it is should seal, and in most cases sign it; but the most essential requisite is its delivery, for it takes its effect entirely from this ceremony. The delivery may be either to the party himself, or to a third person, on condition, and it is then called an escrow (12 Law Journ. Ex. 329; 3 Law Chron. 302). To commemorate the execution, it is usual (but not necessary, except in the case of a deed executed under a power requiring it) that the execution should be attested in the presence of witnesses.

"Consideration-Voluntary deeds.-The consideration of a deed may be either a good or a valuable one (3 Law Chron. 166; 2 Id. 335). A good

consideration is such as that of blood or of natural love and affection, as where a man grants an estate to a near relation; a valuable consideration is such as money, marriage, or the like, which the law esteems an equivalent given for the grant. Deeds made without any consideration whatever, or even those made for good, though not for valuable consideration, are said to be voluntary; and by force of the statute 27 Eliz. c. 4, voluntary deeds are void as against subsequent bona fide purchasers (even with notice of the voluntary deed, 9 East, 59; 2 Law Chron. 405), and also void by 13 Eliz. c. 5, as against creditors, where the grantor is indebted at the time (3 Law Chron. 220, 242, 317, 344, 356, 369). The principle on which voluntary convey

ances have been held to be fraudulent and void as against subsequent purchasers is, that by selling the property for a valuable consideration, the seller so entirely repudiates the former voluntary conveyance as that it shall be taken conclusively against him and the person to whom he conveyed, that such intention existed when he made the conveyance, and that it was made in order to defeat the voluntary conveyance. But this principle does not apply where the seller is a different person from him who executed the voluntary conveyance, and, therefore, neither the heir nor devisee of the voluntary conveyor, nor a purchaser of valuable consideration from them, can prevail over the voluntary conveyee (Doe v. Rusham, 16 Jur. 359). If a settlement be made by a person who, if he had not made the settlement, would have had property upon which his creditors might immediately fasten and pay themselves, but which by the settlement is withdrawn, that is, prima facie, "delaying his creditors" within the meaning of the 13 Eliz. c. 5. If the creditors are delayed by a voluntary settlement, the case is within the 13 Eliz. c. 5, even though the settlor may have debts owing to him, or other contingent or reversionary interests, which, if realised or fallen in, would be sufficient to meet all claims upon him (French v. French, 2 Jur. N. S. 169; 28 Law Journ. Ch. 612; 3 Law Chron. 220; as to subsequent creditors setting aside the voluntary deed, see Jenkyn v. Vaughan, 2 Jur N. S. 109; 25 Law Journ. Ch. 338; 3 Law Chron. 60). In order to entitle the voluntary donee to assert his rights under the voluntary deed, there must be either an actual transfer of the subjectmatter, or a good and complete declaration of trust (Bridge v. Bridge, 16 Jur. 1032; 3 Law Chron. 44, 257, 344, 345; Parnell v. Hingston, 28 Law Tim. Rep 217). So all deeds are liable to be impeached if founded on immoral or illegal consideration, or if obtained by fraud, though a valuable consideration was paid (Harman v. Richards, 22 Law Journ. Ch. 1066). But in general, their legal efficacy will not be prevented by the mere want of consideration. For in this respect they are distinguished from simple contracts, that is, contracts not under seal; to the validity of which some consideration is essential. It is usual upon a purchase or mortgage, to indorse upon the deed a receipt for the consideration money in addition to the acknowledgment contained in the body of the instrument; the former is at law an estoppel, but the latter is not; whilst in equity the indorsed receipt is alone regarded, and its absence is notice of the money not having been paid, though it is not constructive notice of other irregularities in the transaction (Burt. Comp. pl. 535; Greenslade v. Dare, 20 Beav. 284; Horsey's Purch. Deeds. 38, note).

The future volumes of the LIBRARY will necessarily be of a still more practical nature; but they will have one feature in common-namely, conciseness, so far as consistent with the due explanation of the various subjects which they will comprise.

NOTICES TO CORRESPONDENTS.

H. S. T.-We think that the service for a year with London agents, who are not notaries, will not suffice.

LEX. It is impossible for us to say why the other Debating Societies do not send to us reports of their discussions. There is no charge for insertion. We were formerly favoured with particulars of the Society in the Law Institution, but with change of officers there has also been a change of practice.

S. F. We have not yet heard any particulars of the meeting on the 21st of January, so that we can give no information at present. We have been accused of being unwilling to give a helping hand, though we have inserted everything sent to us, and Mr. Walker's last communication arrived after we went to press, but we stopped the press and had it inserted.

LIBRARY.-We have noticed this work elsewhere in this Number, for the satisfaction of those of our subscribers who are anxious to see a specimen before subscribing. A double Number is now issued each month, so as to complete a volume in four months.

S. T.-You should have addressed yourself to the Honorary Secretary, though we do not think that your remonstrance would have any weight; at least the general opinion is against you, as the examiners may go beyond what is really requisite, especially-if urged by those who being already admitted are not unwilling to place impediments in the way of others. W. M.-There are no great additions in the last edition, and therefore we would advise you to put up with the one you have. The alterations are noticed in the "First Book," and will be more fully detailed in the "Principles of the Common Law."

LEGALIS.-You will not be in time for Easter Term. The answers need not be very long. Endeavour to answer those first which you think on perusal you understand.

T. F. There are two volumes of the "Key," and we do not consider the price is too large. The work you refer to is not complete."

A. B. From four to six hours' study a day is ample, and the greater part would be most profitably spent in reviewing or discussing what had been before read. You should read other works, or at least those intended to be brought out in the Library." If you have in the office the Law Journal, you might read the reports, or any other general work; but, speakin ggenerally, it is better to read a little thoroughly than much cursorily. Discuss what you read.

66

**The questions are printed ready for the candidates when they take their seats. No particular books are named.

ERRATUM IN LIBRARY.—Animals—Impounding→→ Food. By an oversight at p. 236 of the First Book, the 5 & 6 Will. 4, c. 59, is referred to as an existing statute; but it has been repealed by the 12 & 13 Vic. c. 92, which in its turn has been amended by the 17 & 18 Vic. c. 60, as will be found stated in 1 Law Chron. 154, 155. Readers will be pleased to notice this.

Printed and published by THOMAS F. A. DAY, at his residence, No. 13, Carey-street, Lincoln's-inn-fields, in the parish of St. Clement Dancs, in the county of Middlesex - Monday, February 1, 1854.

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MARCH 1, 1858.

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Price 1s. 8d.

Just Published, Price, to Non-Subscribers, Seven Shillings,

THE

HE STATUTE BOOK FOR ENGLAND: COLLECTION of PUBLIC STATUTES relating to the GENERAL LAW of ENGLAND, 20 & 21 VICT. 1857. With Index to English Statutes; Table of all the Statutes passed during the Session; and Register of Statutes amended, continued, recited, repealed, revived, or otherwise affected by Public Statutes. Edited by JAMES BIGG. Westminster: Sold by Waterlow and Sons, 49, Parliamentstreet; P. S. King, 12, Bridge-street; and Simpkin, Marshall, and Co., Stationers Hall Court.

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HURST and BLACKETT, 13, Great Marlborough-street.

In 8vo, price 4s. 6s., sewed,,

ITTLETON'S TENURES: with Notes, and Copious Questions on the Text and Notes.. New Edition. The mode in which this work has been edited is, in the first place, by omitting the portions quite obsolete; in the next place, by slightly altering LITTLETON'S Text, where some partial change has been made in the law since Littleton's time; and, in the third place, by adding notes to very many of the sections, noticing the changes made by statutes, and in some cases stating recent decisions of importance, and, in the last place, by furnishing a most complete series of questions on the texts and notes.

KE

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

Now Ready, price 25s, 2 vols. cloth, The Fourth Edition of the EY TO THE EXAMINATION QUESTIONS: Embracing the Questions put at the Examination of Ariicled Clerks from the Earliest Period to the Present Time: Together with Fall Answers 'hereto, and copious References to Cases and Authorities. In addition to giving the Articled Clerk the best idea of the Examination he will have to pass through, this Work forms a most comprehensive elementary treatise on the various branches of the law in consequence of the fulness and completeness with which the Answers have been given.

AN

Also,

N APPENDIX TO THE THIRD EDITION OF THE KEY TO THE EXAMINATION QUESTIONS, Price 7s. Gd.. 8vo, sewed; Containing the Questions and Answers at the Examination of Articled Clerks from 181 to 1855, on all the branches of the Law. .*. Either of the Works will be forwarded post-free on a post-office order for the published price being remitted to THOMAS DAY, 13, Carey-street, Lincoln's-inu.

A

GUIDE

Also, by the same Author,

TO THE REDEMPTION OF THE LAND TAX-Containing an Analysis of the several Acts now in force for the Redemption of the Land Tax: and of the powers given by those Acts for the Sale and Mortgage of Lands for the purpose of Redemption. To which are appended Tables for calculating the Terms of Redemption of Money and Stock.-Price ls. 6d., or post free for 2s.

In 8vo,

AN EXPOSITION OF THE LAND TAX:

Its Assessment and Collection; showing the subjects exempt from the Tax; mode of granting relief from the Double Land Tax assessed on the Estates of Roman Catholics; and Rights and Advantages conferred by the Redemption Acts, with References to the reported Cases in the Courts of Law and Equity, bearing on the subject; and an Introductory Sketch of the History of the Land Tax. By MARK A. BOURDIŇ, of the Inland Revenue Office, Somerset House.-Price Hal-a-Crown, or sent free for thirty-six stamps, London: T. F. A. DAY, 13, Carey-street, Lincoln's-inn.

CORRESPONDENCE.

(To the Editors of THE LAW CHRONICLE.) SIR,- We articled clerks as a body are curious creatures, and entertain at times various and odd opinions upon what is right. Do we not? I think, sir, I see you nod an assent. Therefore, classing myself among their number, I have "entertained" the following "opinions," and, with all due deference, beg to lay them before you for your consideration.

The examiners, as you are aware, have lately introduced prizes for those articled clerks who, being under the age of twenty-six years, have displayed more than merely sufficient knowledge in passing their examination. "The Honourable Society of Clifford's Inn," too, have very handsomely added a further inducement to articled clerks to give to their studies that attention which the importance of the subject requires. But, sir, these inducements are withheld from all articled clerks who happen to be above the specified age. Now, that this is to some extent a hardship is too plain to be denied, and I fear the examiners, and, indeed, the Honourable Society of Clifford's Inn, too, will not feel disposed to alter the age allowed for distinction. The subject has had the attention and discussion of one or two articled clerks and it was ultimately arranged that a communication should be made to the editor of their avowed organ-THE LAW CHRONICLE-on the subject, and that the following proposition should be submitted:

It is suggested, then, that as the examiners have offered a prize to those candidates whom they think worthy of one, and as the Honourable Society above referred to have done the same, the Editors of THE LAW CHRONICLE should "follow in the wake," and offer a prize of some sort to such articled clerks (whatever their age) as they in their judgment should think deserving thereof. Of course, in this case, articled clerks would have to leave a copy of their answers at the LAW CHRONICLE office for perusal, and I cannot think that there is one articled clerk who would think too much of his trouble to do

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answers, and then awarding to the most meritorious of the candidates, out of our own pockets, a suitable solatium. No doubt our correspondent's proposition contains in it a germ of utility, which articled clerks might apply to their advantage, but we doubt whether any one who has passed his examination would feel any interest in it-to be acceptable it must be for the benefit of those who have the dreaded examination before their eyes. In our opinion, it would be well for articled clerks to subscribe and form a fund to be given for the best answers to the questions at the different examinations. There would then be no lack of candidates, and much benefit would accrue to them.-Eds.

MOOT POINTS.

No. 28.-Covenant not to Carry on noisy Trade (ante, p. xxx).

I take the liberty of calling your attention to a mis-print which occurs in the fourteenth line of my moot point, the letter (L.) being put instead of (Z.). It should run thus:-"In June, 1855, N. conveyed part of his land to Z.-in fee."

The error was doubtless occasioned by indistinctness in my writing, and will, I fear, make the moot unintelligible to correspondents. J. O. H. T.

No. 29.-Railway-Riding in Wrong Class-Conviction.

At various stations on a certain line of railway are posted notices to the effect that several persons are constantly discovered riding in a superior class to that for which their tickets are taken, and stating that persons so discovered will be taken before the magistrates, and fined in any sum not exceeding forty shillings, in addition to the extra fare between the class for which their tickets are taken, and that in which they are discovered.

A short time since, A. took a second class ticket from S. to K., and (accidentally or otherwise) rode in a first class carriage. On alighting at K., he was informed of the fact, and voluntarily tendered the difference of fare. This was declined, and A. was summoned before the magistrates, and convicted in the full penalty, exclusive of costs, and had also to pay the difference of fare.

The mooter wishes to know whether the conviction was legal; he inclines to the opinion that it was not, inasmuch as the tender of the difference of fare was prima facie evidence of his non-fraudulent intention. Perhaps some correspondent will give an opinion, and, if possible, cases in support thereof, or otherwise, and oblige, FIAT JUSTITIA,

DEBATING SOCIETIES.

BIRMINGHAM LAW STUDENTS' SOCIETY.

Moot Point, No. 239.

Is a surety discharged by the creditor giving time to the principal debtors where the fact of suretyship is not disclosed by the contract?

The law on this point being remarkably unsettled, rendered it a very good subject for the discussion of this society. The fact that a surety is not liable when time is given to the principal (the suretyship being plain and apparent, and the creditor having agreed to accept the surety as such) is so patent, and known to all, that it can require no proof. It must be premised, however, that the creditor has obtained knowledge from some extraneous source, or otherwise, that the surety is not a principal in the contract, and has not reaped any benefit therefrom.

For the affirmative were urged the important cases of Pooley v. Harradine (26 L. J. R. Q. B. 156) and Stainbank v. Davies, before the Lords Justices, as cited and commented upon in Pooley v. Harradine. The real point in this question seems to be whether extraneous evidence can be imported to vary a written contract; but in Pooley v. Harradine, Coleridge, J., says "that the surety must be discharged by virtue of an equity not arising out of the contract, but independent of that contract," that is to say, that it is not right that the creditor (knowing, no matter how, the fact of suretyship) should place himself in such a position, by giving time to the principal, as would preclude the surety from obtaining his remedy over against the principal.

The Court of Queen's Bench, and also the Lords Justices, as is shown by the above cited cases, seem to be inclined to carry this doctrine to a very great length, and doubtless there is much to be said in its favour. The same spirit has prevailed throughout many of the earliest cases on the subject, but latterly the judges took a very different view of the point, until the decision of the cases relied upon by the advocates of the affirmative side of the question.

The negative, on the other hand, cited the cases of Manley v. Boycot (2 El. and Bl. 46); Strong v. Foster (17. C. B. 201); and Hollier v. Eyre (9 Cl. and Fin. 45). In the first two of these cases it was distinctly laid down that, in order to discharge the surety, it must be shown that the fact of suretyship was known to the creditor at the time the written contract was entered into. These cases are certainly very strongly opposed to the view taken by Coleridge, but the meeting felt that it could not pretend to overrule the more recent cases of Pooley v. Harradine and Stainbank v. Davies; the decision was therefore in the affirmative, with a reservation

that if the point should come before a court of error, it was by no means certain that the decision would be confirmed.

R. H. MILWARD, Corresponding Secretary.

THE MONTH'S SUMMARY. County Magistrates and the Criminal Justice Act. -The following case and opinion, with reference to the practice of county magistrates under the provisions of the Criminal Justice Act, will interest those of our readers who are concerned in the proceedings of petty sessions:-Case laid before W. N. Welsby, Esq., by order of the Cheshire Court of Quarter Sessions, and opinion thereon. Mr. Welsby will please to say whether a justice residing in and usually acting in one petty sessional division, can legally attend the petty sessions holden in another petty sessional division, under the Criminal Justice Act. 18 & 19 Vic. c. 126, and take part in adjudicating upon cases of larceny, &c., under that act.-Opinion:

"Temple, Aug. 17, 1857. I am of opinion that a justice of the peace, residing in and usually acting in one petty sessional division of a county, may legally attend the petty sessions in another such division, and there take part in adjudicating upon cases of larceny, &c., cognisable under the 18 & 19 Vic. c. 126. The justices in the commission of the peace for the county have jurisdiction as such throughout the county; and I apprehend that the only limitation imposed by this act of Parliament is, that the larceny, &c., shall have been committed within the petty sessional division in which the case is adjudicated.-W. N. Welsby."

Husband and wife—Separation deed not avoided by cohabitation. A separation deed may provide for the payment of an annuity to the wife during her life, and not merely during the time of separation. A deed of separation between husband and wife, containing a covenant by the husband to pay to a trustee for the wife a certain sum during her life, was made subject to a proviso for the avoidance of the deed on the husband and wife agreeing in writing, attested by two witnesses, to cohabit, and cohabiting thereafter for a certain time. The husband and wife having subsequently cohabited, but without any formal agreement in writing to do so, as mentioned in the proviso: Held, that the deed was not thereby avoided. Randle v. Gould, 6 Week. Rep. 108; 30 Law Tim. Rep. 108.

Settled Estates Act-Examination of married woman, being a petitioner under the act, should be taken immediately after the presentation of the petition, overruling the previous decision in Re Hooper, 5 Week Rep. 670; Re Foster, 5 Week. Rep. 726; 4 Law Chron. 48.

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