time insolvent, shall (except upon the marriage of any of his children, or for some valuable consideration) have conveyed, or transferred to any of his children, or to any other person, any hereditaments, leases, goods, &c., or have delivered or made over to any such person any securities, or have transferred his debts to any other person, &c., the court shall have power to order the same to be disposed of for the creditors.

XIII. Give some account of the law of order and disposition under the Bankrupt Law Consolidation Act, 1849.

ANS. By s. 125 of Act of 1849, if any bankrupt, at the time he becomes bankrupt (that is, the time of the act of bankruptcy), shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition, any goods or chattels whereof he was reputed owner, or whereof he had taken upon him the sale, alteration, or disposition as owner, the Court may order the same to be sold and disposed of for the benefit of the creditors under the bankruptcy. The property must consist of goods and chattels; fixtures, even tenants', are not within it. Choses in action, as bonds, bills, debts, policies, and the like, are within the Act, provided notice have not been given to the debtor or party charged. Goods in the possession of the bankrupt which have been demanded by the true owner, and required to be delivered up to him before the bankruptcy, are no longer in the bankrupt's possession "with the consent of the true owner," and therefore not within the statute (See Exam. Quest. pp. 30, 54, 74, 111; F. Bk. 219).

XIV. State the effect of the order of discharge when obtained. ANS. By the Act of 1861, s. 161, the order of discharge, on taking effect, discharges the bankrupt from all debts, claims, and demands provable under the bankruptcy; and if arrested or sued for any such debt, &c., he is to be discharged on entering an appearance, and may plead and give the Act and the special matter in evidence, the order of discharge being sufficient evidence of the bankruptcy and proceedings thereunder. And by s. 162, if he be arrested or detained for any such debt, &c., where judgment was obtained before the order took effect, the Court, or a Common Law judge, may direct his discharge without fee.

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Court-Policy-Production-Charter-party, &c.

THE ATTORNEYS' AND SOLICITORS' ACT :-Articled Clerks

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-Three and Four 1ears' Service Examinations in
General Knowledge and During Articles - Additional
Registration of Articles-Taking Out and Renewing Cer-
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CORRESPONDENCE - It is not essential that the moot points should be sent to us before being discussed, but any gentleman is at liberty to send direct to any other or others a question for discussion, though probably it will be more convenient, in general, to send it to us for insertion in the ensuing number.

We beg to call attention to the following matters, which may be useful to some who have recently become correspondents, and also induce others to have their names inserted in the lists of correspondents.

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2. There is no payment to be made on having the name entered in the list, or at any other time or on any other occasion, beyond each correspondent prepaying any letters sent by him.

3. It is not obligatory on any one to answer the moot points sent to him, but some intimation should be made to the sender that it is not convenient, &c.

4. It would be a great improvement if moot points were sent up earlier in the month.

MOOT POINTS.

No. 1.-Receivers.-Can a receiver, appointed under 23 & 24 Vic. c. 145, obtain the allowance in his accounts of repairs done by him or by his direction? (See ss. 22 and 23 of the act.) K.

No. 2.- Release -Stamp.-Does a release to executors, which refers to a book in which are entered the executors' accounts, but which release contains no schedule of them, require to be stamped? If so, upon what principle?

H.

No. 3.-Tenant for life-Power to lease.-Lands were held in coparcenery. On the marriage of A., one of the coparceners, her share was limited to her until the solemnisation of the intended marriage, then to such uses as she should by deed or will appoint, and until appointment to trustees for her life, and to preserve contingent remainders, and in default of appointment to intended husband for life with remainders over. A power is given to the intended husband, "as and when, by virtue of the limitations therein before contained, he should be in the actual possession of or entitled to the receipt of the yearly rents and profits of the said hereditaments and premises to lease for a term of 21 years. Subsequently the lands were appointed and released by all the parceners by way of partition. And upon trust as to A.'s share to such uses as she should by deed or will appoint, and in default of appointment to the uses of the settlement (except and after the limitation to such uses as then intended wife should appoint). A. by her will appointed to her husband for life, with remainders over, and shortly after died. Can the husband grant a lease under the limitations of the settlement, and so as to bind the remaindermen ?

Or must the lease be made as in the case of an ordinary tenant for life, determinable on the death of the lessee? T. G. S.

No. 4.-Stamps on agreements.-By 55 Geo. 3, c. 184, a duty of £1 was imposed on an agreement under hand "and not otherwise charged in this schedule, nor expressly exempted from all stamp duty where the matter thereof shall be of the value of £20;" the 7 & 8 Vic., c. 21, altered this duty to 2s. 6d.; 23 & 24 Vic. c. 15, imposes a 6d. duty on an agreement under hand, "not otherwise charged nor expressly exempted from all stamp duty where the matter thereof shall be of the value of £5 and upwards." The following questions arise :-Does the act substitute the 6d. duty for the 2s. 6d., and is it now the only agreement stamp, which the words "£5 and upwards" seem to imply or is the 6d. stamp merely an additional duty, payable where the value is between £5 and £20 ? The latter supposition seems to have the greatest weight, as the 6d. is payable on an agreement "not otherwise charged," the words "in this schedule" contained in the act 1825 having been omitted, and agreements of the value of £20 and upwards being charged under the prior acts.

E. G. B.

No. 5.-Release of Wife's Chose in Action.-A. is the husband of B. B. is entitled to a chose in action, which is not reduced into possession in the husband's lifetime. Both are desirous to release the chose in action. Can they effectually do so, so as to bind the wife in case she survives her husband?

J. A. H.

No. 6.-Intended Donatio mortis causa.-A., on the 1st December, gives a sum of money (£100) to B., and directs him to hand it over to C. as a gift from A. B., doubting A.'s state of mind, keeps the money in his possession without telling A. that he has not paid it to C., and without telling C. of the circumstance. A. dies on the 14th, the £100 being still in B.'s possession. To whom does the £100 belong, assuming that A. was compos mentis at the time the direction was given does it belong to. A.'s executors or to C.? T. J. M.

No. 7.-Mayor, Status of Right to Preside as Chairman, &c.— It is enacted by the Municipal Corporations' Act, 5 & 6 Will. 4, c. 76, s. 57, that the mayor of every borough shall, during the time of his mayoralty, have precedence in all places within the borough. Does this mean that the mayor is to have precedence as a justice of the peace? or does it merely give him social precedence? According to the decision in ex parte the Mayor of Birmingham " (9 W. R., 34), it only gives social precedence.". Was the decision correct? or was it not intended, by the above statute, that the mayor for the time being should have precedence, not only in his social, but also in his magisterial, capacity? Iineline to the latter opinion, and shall be glad to have the opinions of subscribers on the point. JOHN W. S. LAVENDER.