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CHAP XXIX.—Of Title by Succession, Marriage, and Judgment.

1. To what is succession, in strictness of law, only applicable? 430.

2. But what sole corporations: have in this retpect the same powers as corporation! aggregate nave? 431.

8. In case a tease for gears be made to the Bishop of Oxford and his successors, who shall have it; and why? 431, 432.

4. Yet what two exceptions are there to the rule that no chattel can go to corporations merely sole in right of succession? 432.

5. How are those chattels which formerly belonged to the wife vested in the husband by marriage; and how does personal property differ in this respect from real estate? 433.

6. How do a chattel real and a chattel personal or chose in action vest in the husband; and what if he die before he have recovered or reduced them into possession? 434.

7. What shall become of the chattel real and chattel personal if the wife die before the husband have done so; and why? 435.

8. How do chattels personal in possession vest in the husband? 435.

9. What are the wife's paraphernalia? 435, 436.

10. Of what natures is property in chattel interests vested by a judgment in consequence of some suit or action? 436, 437.

11. What three species of property are of the second of these natures? 437—439.

"MAT. XXX —Of Title by Gift, Grant, and Contract.

1. What is the distinction between a gift of perianal property and a grant? 440.

2. What may be included under the head of gifts or grants of chattels real; and what considerations, in the eye of the law, convert the gift, if executed, into a grant, if not executed, into a •ontractt 440.

3. What are grants or gifts of chattels personal; and how may they be made? 441.

4 Why does the statute 3 Hen. VII. c. 4 declare all deeds of gifts of goods made in trust to the use of the donor void; and what does the statute 13 Eliz. c. 5 declare as to every grant or gift of chattels, as well as lands, with intent to defraud creditors? 441.

5. By what is a true and proper gift or grant nlways accompanied; and in what cases only may it be retracted? 441.

6. But what if the gift do not take effect by ■ielivery of immediate possession? 441, 442.

7. What interest does a contract convey as distinguished from a gift or grant; and how is it denned? 442.

8. Can a chose in action be assigned? 442.

9. What are express contracts, and what implied? 443.

10. What are executed and what executory contracts; and how do they differ in the chose* they convey? 443.

11. What is a good and what a valuable consideration; and how may each of these be set aside f 444.

12. In what four species are valuable considerations divided by the civilians? 444, 445.

13. What is a nudum pactum; and what degree

of reciprocity will prevent it? 445, 446.

14. How far will courts of justice support • voluntary bond or promissory note; and why? 446.

15. What are the four most usual contracts whereby the right of chattels personal may be acquired in England? 446.

16. What is sale or exchange; how does the former differ from the latter; and how are both regarded by the law? 446, 447

17. Where the vendor hath in himself the property of the goods, when only hath he not the liberty of disposing of them? 447.

18. What constitutes a sale? 447, 448.

19. But in what cases may property be transferred by sale though the vendor have none at all in the goods? 449.

20. What is market-day and market-overt in the country; and what in London? 449.

21. But what has the statute 1 Jac. I. c. 21 provided as to the sale of goods to pawnbrokers? 449.

22. And in what cases are sales not binding even in market-overt? 450.

23. What directions do the statutes 2 P. and M. o. 7 and 31 Eliz. c. 12 enact concerning the sale of horses? 450, 451.

24. What remedy has a purchasor if a vendor sell goods and chattels as his own and the tiils prove deficient? 451.

25. When is the vendor bound to answer foi the goodness of his wares purchased? 451

26. What is bailment; and who is the bailor, and who the bailee? 451, 452.

27. What does the law call agistment? 452.

28. If a man Oliver any thing to his friend to keep for him, when is the baiUe answerable for any damage or loss it may sustain? 452.

29. Why, in all instances of bailment, may the bailee, as well as the bailor, maintain an action against such as injure the chattels baited? 452. 463.

80. What is the difference between hiring and borrowing? 463.

81. What is interest; and upon what are its doctrines grounded? 454, 455.

32. To what three practices does the circumstance of the hazard of lending money being greater than the compensation arising from the rate of interest allowed by law on the loan give rise? 457.

33. What is bottomry; and in what does it differ from respondentia? 457, 468.

34. What is enacted by the statute 19 Geo. IL c. 37 as to all moneys lent on bottomry or respondentia on vessels bound to and from the Weat Indies? 458.

85. What is & policy of insurance? 468. 469.

36. What is enacted by the statute 14 Geo. III. c. 48 as to insurances on lives? 459, 460.

37. Policies of insurance being contracts, the very essence of which consists in observing the purest good faith and integrity, how is fraud or undue concealment in them provided against? 460.

88. What is enacted by the statute 19 Geo. II. o. 87 as to what are denominated jcagermg policies? 460, 461.

39. From what does the practice of purchasing annuities for lives at a certain price or p -ennm. instead of advancing the same sum on an ordinary loan, arise? 401.

40. What has tho statute 17 Geo. III. o. 26 directed in order to throw some check upon improvident transactions of this kind? 461, 462.

41. What is now the extremity of legal interest that can be taken? 463.

42. If a contract which carries interest be made in a foreign country, of what interest will our courts direct the payment? 463, 464.

43. What does the statute 14 Geo. III. o. 79 enact as to the legality of interest on all mortgages and other securities upon estates or other property in Ireland or the plantations f 464

•14. What is debt; and in what cases may it be the counterpart of and arise from any of the other species of contracts t 464.

45. Into what three classes is debt usually divided? 465.

46. What is a debt of record t 466.

47. What is a debt by specialty or special contract t 465.

48. What are debts by simple contract t 465.

49. What is enacted by the statute 29 Car. II. c. 3 as to one person's being responsible for the debt of another? 466.

50. What is that species of simple-contract debt now introduced into all sorts of civil life under the name of paper credit t 466.

51. What is a bill of exchange, or draft; and who is the drawer of it, who the drawee, and who the payee t 466, 467.

52. Of what two sorts are bills of exchange; and what difference is there in law between them? 467.

53. What are promissory notes, or notes of hand, and for what sum at least must they be drawn? 467, 468.

54. Why is it usual in bills of exchange to express that the value thereof hath been received by the drawer t 468.

65. By what means may a bill of exchange or promissory note be assigned? 468, 469.

66. When may a bill of exchange be protested for non-acceptance; and when, both a biU and a promissory note, for non-payment t 469.

57. In case of such protests, what compensation is the drawer bound to make to the payee or endorsee; but what happens in the absence of such protests or their notification to the drawer t 469.

58. When a bill or a note is refused, how soon must it be demanded of the drawer t 470.

59. Upon whom may an endorsee call to discharge a bill or a note / 470.

CHAP. XXXI.—Of Title by Bankruptcy.

1. Who may become a bankrupt; and who may not? 471, 473-477.

2 What privileges do the laws of bankruptcy oonfer on the creditors; and what on the debtor t 472.

8. By what eleven acts may a man become a bankrupt t 478, 479.

4. Whit are the ten proceedings on a commission of bankruptt 480-484.

5. What if the bankrupt make default in either surrender of himself or conformity to the directions of the statutes of bankruptcy t 481.

6. What powers has any judge or justice of the peace over a bankrupt t 481.

7. What powers Iiuto the commissioners of bankruptcy? 481.

8. What if the bankrupt conceal or embexzle any effects to the amount of 20/., or withhold any books or writings with intent to defraud his creditors? 482.

9. What if it appear that his inability to pay his debts arose from some gross misconduct and negligence? 482.

10. After the time allowed to the bankrupt for such discovery is expired, to what shall any other person, voluntarily discovering any part of the bankrupt's estate, be entitled; ani what shall any trustee, wilfully concealing it, forfeit* 482.

11. Of what ratable amount is the bankrunt't allowance f 483.

12. When shall not the bankrupt's alUwance or indemnity be given him? 484.

18. What is an act of insolvency? 484.

14. But as to what only are persons who have been once cleared by a bankruptcy or by an insolvent act indemnified in case they bankrupts again? 484, 486.

16 By virtue of the statutes of bankruptcy, in whom are all the personal estate and effects of the bankrupt considered as vested by the act of bankruptcy t 485.

16. What is the meaning of the saying " Once a bankrupt and always a bankrupt"? 485, 486.

17. Who alone is not within the statute of bankrupts t 486.

18. But what is provided by the statute 19 Oeo. II. c. 32 as to money paid by a bankrupt to a creditor, and by statute 1 Jac. I. c. 15 as to money paid by a debtor to a bankrupt f 486.

19. What acts can and cannot the assignees of a bankrupt do without the consent of the creditors t 486.

20. What is the duty of the assignees towards the creditors; and within what time shall the first dividend be made? 487.

21. What debts of a bankrupt have a priority to be paid; and what shall not be postponed or set aside? 487, 488.

22. Within what time shall a seoond and final dividend be made; and if any surplus remain after paying every creditor his full debt to whom shall it be given? 488.

CHAP. XXXII.—Of Title by Testament and Administration.

1. What is a testament, and what an admt nistration t 490.

2. What were the reasonable parts in a n an's chattels of the wife and children t 492.

3. What part of his chattels may a man now devise t 492, 493.

4. When is a man said to die intestate t 494. 6. To whom did the goods of intestates anciently

I belong; and to whom were they granted? 494.

6. What is the origin of the right of the ! church to the probate of wills and to the admi'nistration of intestate's property t 494—490. 609,610.

7. Who is the intestate's ailmimstrator? 496.

8. Upon what three accounts are persons pro hibited, by law or custom, from making a will I 497.

9. Who are to be reckoned in the first species f 497

10. Are prisoners*, captiva, and the like absolutely intertable? 497.

11 In what cases may a feme-covert make a tettaiient of ehattelif 498.

12. Who is an exception to the general rule that a feme-covert cannot make a testament of chattel*? 498.

13. What if B film maker her will and afterwards marry? 499.

14. Who are persons incapable of making tettament* on account of their criminal conduct? 499.

15. Into what two sorts are testament* divided T 600.

10. What is a codicil; and of what two sorts? 600.

17. Under what three restrictions has the statute of frauds, 29 Car. II. c. 3, laid nuncupative will* and codicil* 1 600, 601.

18. What witness of t heir publication do written Uttaments of chattel* need? 601.

19. What if there be many tettament* of different dates; and what effect has the republication of a former will upon one of a later date? 602.

20. In what three ways may tettament* be avoided? 502.

21. What if a man who hath made a mil marry and have a child? 602.

22. Is it necessary to leave the heir a shilling ; or, if the heir or next of kin be totally omitted in the will, does the law admit a querela inofficioti to set it aside? 503.

23. What is an executor, and who may be one? 603.

24. What must be done if the executor be not seventeen years of age, or be out of the realm when a suit is commenced in the eccletiattical court touching the validity of the milt 603.

26. What if the testator name no, or incapable, executort, or if the executor* named refuse to act? 608, 604.

26. What if the deceased die wholly intestate without making either will or executor*? 604.

27. In granting letters of administration pursuant to the statutes 31 Edw. III. o. 11 and 21 Hen. VIII. c. 6, by what seven rules is the ordinary bound? 504, 605.

28. Who may administer to a battard? 605, 606.

29. If the executor of A. die, who is A.'s exteutort 606.

30. Is it the same with regard to A.'s administrator? 606.

31. What is an administrator d* boni* Nan ? 50ft

32. What is the difference between the offices and duties of executor* and those of administrator" 507.

33. Who is an executor de ton tort; and how shall he be treated? 507.

M. What are the seven powers and duties of B rightful executor or administrator? 608, 610— 512, 614, 616.

35. In what two ways is a will proved; and what is styled the probate? 608.

86. When must the will be proved before the ordinary of the jurisdiction, and when before the metropolitan of the province by way of special prerogative? 608, 609.

37. If there be two or more executors or adimnittratort, is a sale or release by one of them good against the rest? 610.

38. What are called a**eU? 510.

39. In what order of priority must the deceased's debt* be paid? 611.

40. What if B creditor constitute his debtor his executor? 612.

41. May an executor or adminutrator give himself the preference in the payment of the deceased's debts and legacies? 611, 612.

42. What is a legacy, and what is necessary to its perfection? 612.

43. In case of a deficiency of assets, what legacies must abate, and how? 512, 513.

44. What is B lapsed legacy; and to whom does it lapse? 513.

46. What is a contingent and what a vetted legacy? 513.

46. But what if such legacie* be charged upon real estate? 518.

47. When do legacie* carry inlerett? 618, 614.

48. What is a donation causa mortit? 514.

49. When shall the residuum go to the executor, and when to the next of kin? 614, 615.

50. How do the statutes 22 & 23 Car. II. o. 10, explained by 29 Car. II. o. 80 and 1 Jac. IL c. 17, distribute the surplusage of intettate't ettate*? 515, 616.

51. But what are the custom* of the city of London and the province of York as to the distribution of intestate's effect* which are expressly reserved by the statute of distributions? 618, 619.

52. What is the widow's chamber by these customs? 518.

53. What was the dead man's part? 518.

54. In what two principal points do the cuttorn* of London and York considerably differ? 619.


CHAP. I.—Of the Redress of Private Wrongs by the mere Act of the Parties

1. What are private wrong* as distinguished from public wrong*; and why are the former frequently termed civil injuries, and the latter crimes and misdemeanour*? 2.

2. How is the redress of private wrongs principally to be sought? 2, 8.

8. Into what three species may the redress of private wrongs be distributed? 8.

4. Of what two sorts is that redress of private

wrong which is obtained by the mere act of the

parties' 8.

5. Of what sub species is that redress of private wrongs which arises from the sole act of the injured party? 3-6, 16.

6. What is a dittrett, dittrictio; and for what four injuries may a distress be taken? 6, 7.

7. What are cattle damage-featant? 7.

8. What sub species of things* cannot be distrained? 7-10.

9. What are cattle levant and couchanl elcvo* let et cubante*? 9

10. When, where, and how must all distresses be made; with what exceptions as to the time? 11.

11. In what cases may a second distress for the same duty be made? 11, 12.

12. What does the statute of Marlberge, 52 Hen. III. c. 4, enact as to unreasonable distress? 12.

13. How must a distress be disposed of; and when ro»y it be rescued by its owner? 12.

14. Yihat is & pound (parous); and of what four kinds? 12.

15. What is the difference in the effect between impounding a live distress in a common pound-overt and in a special pound-overt t 13.

16. What if the beasts are put in a poundcovert; or if a distress of dead chattels be not put in one? 13.

17. How long must beasts taken damage-feasant and distresses for suit or services remain impounded? 13.

1S. What is to replevy {replegiare) 7 18.

19. When is the distress salable for a debt due tc the crown for an amercement to the lord, and for statute distresses; and when in all cases of distress for rent? 14.

20. What has the statute 11 Geo. II. c. 19 provided in case of any unlawful act done in taking a distress? 16.

21. Are those who are entitled to that redress of private wrongs which arises from the sole act of the injured party debarred of their redress by suit or action? 16.

22. Of what two species is that redress of private wrongs which arises from the joint act of all the parties together? 15.

23. What is accord; and what is its effect? 15, 16.

24. In what cases is tender of sufficient amends to the party injured a bar of all actions? 16.

25. What is arbitration; who is an umpire (imfierator or impar); and what is an award? 16.

26. How may the right of real property pass by an award? 16.

27. In what case does the statute 9 & 10 W. III. c. 15 enact that all submissions of suit to arbitration or umpirage may be made rules of any of the king's courts of record? 17.

CHAP. II.—Of Redress by the mere Operation of Law.

1. Or what two species is that redress of private wrongs which is effected by the mere operation of law? 18.

2. Why, when a creditor is executor or administrator, is he allowed to retain his own debt? 18, 19.

3. But in prejudice to whom can he not retain his own debt? 19.

4. What is remitter? 19, 20.

5. But what if the subsequent estate or right of possession be gained by a man's own act and consent? 20.

fi. What is the reason why this remedy of remitter to a right was allowed? 20.

7. But what, too, if the party have no remedy by action? 21.

CHAP. III.—Of Courts in General.

1. What is that redress of private wrongs wherein the act of the parties and the act of law eo-operate? 22

2. Is not the ordinary course of justice ex eluded by the extrajudicial remedy which the law allows in the several cases of redress by the act of the parties mentioned in a former chapter?

22, 23.

3. What in the cases of remedy by the mar* operation of law? 23.

4. What is a general and indisputable rule where there is a legal right? 23.

5. What is a court defined to be? 23.

6. Whence are all courts of justice derived? 24.

7. What one distinction runs throughout all courts of justice? 24.

8. What constitutes a court of record; and by what shall its existence be tried? 24, 25.

9. What is a court not of record; what is the extent of its power, and by what shall its existence be tried? 25.

10. What three constituent parts must there be in every court; and what assistants is it usual for the superior courts to have? 25.

11. What is an attorney at law? 26.

12. Who cannot appear in court by attorney? 26.

13. What are the qualifications of attorneys t 26.

14. Of what two species or degrees are advocates or counsel? 26.

15. When may a barrister be called to the stato and degree of a Serjeant; and who are by custom always admitted into this venerable order as a qualification for their office? 27.

16. Who are his majesty's counsel learned in the law, and his attorney and solicitor general; and what are their restrictions? 27.

17. To what does a patent of precedence entitle a barrister? 28.

18. Who are clients? 28.

19. Can a counsel maintain an action for his fees? 28.

20. For what spoken by him is a counsel not answerable? 29.

21. How are counsel guilty of deceit or collusion punishable by the statute Westminster 1, 3 Edw. I. o. 28? 29.

CHAP. IV.—Of the Public Courts of Common Law and Equity.

1. Or what two natures are courts of justice with regard to their several species? 30.

2. Of what four sorta are public courts of justice? 30.

8. What are the ten general and public courts of common law and equity constituted for the redress of civil injuries, beginning with the lowest; and, of these ten, which are of a partial juris diction and confined to particular districts, and which are the superior courts, calculated for the administration of redress throughout the whole kingdom; which are courts of record, and which not, and which are courts of equity as well as law? 82-85, 37, 41, 44, 47, 48, 66, 67.

4. What is the court of piepoudre; who is the judge of it; what is its jurisdiction; and where lies an appeal from it? 82, 38.

6. What is the court-baron; by whom is it held as registrar; and of what two natures is it? S3.

6. Before whom, as juages, is the court-barcm of (be second or common-law nature held; what pIt M may it bold; whither may its proceedings be removed; and where lies an appeal from it t


7. What U a hundred court; who are it* judgtt and registrar; whither may its proceeding) be removed; and where lies an appeal from it?

84, 35.

8. What is the county court; what pleat may it hold; who are its real judges, and who its ministerial officer; whither may its proceedings be removed; and where lies an appeal from it? 80, 37.

9. What is the origin of the court of common pleas or common bench; and by what was the court rendered fixed and stationary where: 38, 89.

10. What benefit did the common law itself derive from Ibis establishment of its principal court t 39.

11. Into what two sort s are pleas or suits regularly divided; and of what court's jurisdiction were each of these the proper objects? 40.

12. What are the judges of the court of common pleas; and when do they sit? 41.

13. Where lies an appeal from this court t 41.

14. What is the court of king's bench; why is it so called, and what are its judges t 41.

15. For what reason is all process issuing out of this court in the king's name returnable "ubicunque fuerimus in Anglia" t 41, 42.

16. What is the jurisdiction of this court; and by what fiction can it bold plea of all personal actions whatever? 42-44.

17. Where lies an appeal from this courtl 44

18. What is the court of exchequer (scacchaHum); why is it so called; and what is its rank? 44.

19. Of what two divisions does it consist; and what are the two subdivisions of the second division? 44.

20. Where and before whom is the exchequer court of equity held; and what is the primary and original business of this court t 45.

21. But by what fiction, with the help of the common-law part of this court's jurisdiction, may all kinds of personal suits be prosecuted in it? 45, 46.

22. Where lies an appeal from the equity side of this court; and where from the common late t 46.

23. What is the court of chancery (cancellaria); why is it so called; and bow is the office of chancellor or lord-keeper created? 47.

24. What is the chancellor virtute officii; and what are his powers and authorities? 47, 48.

25. Of what two distinct tribunals does the •ourt of chancery consist? 48.

26. What is the jurisdiction of the ordinary legal court in chancery; what if any fact be disputed between the parties; and where lies an appeal from its judgments in law? 48, 49.

27. What writs issue from the common-law court in chancery; and what is the origin of the hanaper and petty-bag offices? 49.

28. What is the origin of the separate jurisdiction of the chancery as a court of equity t 6168.

29. IIow was that notable dispute decided which was set on foot by Sir Edward Coke when thief justice of the court of king's bench, whether

a court of equity could give relief afie a judgment at common late t 54.

30. What chancellor first built a system of equitable jurisprudence and jurisdiction upon wide and rational foundations, and occasioned the power and business of the court of chancery to increase to its present amazing degree? 55.

31. Where lies an appeal from this court of 'equity in chancery; and what two diffei | there between appeals from a court of i | writs of error from a court of late t do.

32. What is the nature of all the branches of the court of exchequer chamber; and of whom does it now consist? 55, 56.

33. Where lies an appeal from this court 1 56.

34. What is the nature of the house of peers aa a court of judicature; and where lies an appeal from it? 56.

35. What is an eleventh species of courts of general jurisdiction and use which are derived out of, and act as collateral auxiliaries to, the foregoing? 57.

36. Of what are these courts composed; how often in the year are they instituted, and for what purpose? 57, 58.

37. liy virtue of what five several authorities do the judges upon their circuits now sit? 58, 59

38. What is a commission of assise t 59.

39. What is a commission of nisipriust 59.

CHAP. X.—Of Courts Ecclesiastical, Military, ana Maritime.

1. Who first separated the ecclesiastical court from the civil f G2.

2. What are the seven principal courts of «■clesiastical jurisdiction, or, as they are often styled, courts Christian, (curise Christianitatis,) beginning with the lowest? 64-67.

3. What is the jurisdiction of the archdeacon's court; before whom may it be held; and where lies an appeal from it? 64.

4. What is the jurisdiction of the consistory court of every diocesan bishop; where is it held; who is the judge; and where lies an appeal from it? 64.

5. What is the court of arches; why is its judge called dean of the arches; what is now the juristion of the court; and where lies an appeal from it? 64, 66.

6. What is the court of peculiars; what is its jurisdiction; and where lies an appeal from it? 65.

7. What is the jurisdiction of the prerogative court; by whom is the judge appointed; and where lies sn appeal from it? 65, 66.

8. What is the nature of the court of delegate* (judices delegati); and by whom are they ap pointed? 66, 67.

9. What is a commission of review t 67.

10. What is the only court military known ta and established by the permanent laws of the land; before whom is it held; of what has it cognizance; and where lies an appeal from it? 68.

11. What are the three maritime courts: ana what are their power and jurisdiction? 68, 69.

12. Before whom is the court of admiralty held; according to the method of what law are its proceedings; and where is it held? 69.

13. Where lies an appeal from the crdinary

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