8. Q. Define a patent and a latent ambiguity. May either be explained by verbal evidence?

A. A patent ambiguity is an uncertainty or question between two meanings of language which arises on bare inspection of the words themselves, while a latent ambiguity is an ambiguity which does not appear upon a bare inspection of the language of an instrument, but is raised by some extrinsic evidence concerning the subject matter. Yes, latent ambiguities may be explained by parol evidence, but not patent ones.

9. Q. (a) Are partners joint-tenants or tenantsin-common of their stock in trade; and (b) To what extent, if any, is there a right of survivorship?

A. (a) Strictly speaking neither. (b) To the extent of winding up the partnership business.

10. Q. A, in writing, authorized B to buy a specified horse for him for $50. B bought the horse for $55. A refused to take the horse, whereupon B offers to pay the excess of $5. Is A then bound to take the horse?

A. No. B exceeded his authority. The writing defined the scope of his authority, and B had no right to go outside of that authority.

II. Q. A drew his check to the order of B upon the Blairstown Bank. B duly presented the check at the bank for payment. Though the bank at the time had funds of A more than sufficient to pay the check, it refused to pay it. Can B maintain an action against the bank?

A. No. A, however, would have a right of action against the bank.

12. Q. While A was walking on the street with his dog, he met B. The dog bit B. Before this the

A. Yes, the transaction constitutes a resulting trust and the cestui que trust is entitled to have the shares of stock turned over to him, and may bring an action in a court of equity for that purpose.

19. Q. What are the proper formalities in the execution of a will?

A. (1) It shall be in writing; (2) shall be signed by the testator; (3) the signature shall be made by the testator, or the making thereof acknowledged by him; (4) And such writing declared to be his last will in the presence of two witnesses present at the same time, who shall subscribe their names thereto as witnesses in the presence of the testator. Gen. Stat. p. 1247. Sec. 22. 43 N. J. Eq. 569.

20. Q. The witnesses to a will, which you desire to prove, are dead. The will contains an attestation clause reciting the formal execution thereof. What would you do?

A. I would offer the will for probate, and upon the hearing, present testimony to show that the witnesses were dead, and then prove their signatures, which is all that will be necessary to do as the at

to do so. B sued A. Verdict for whom?

A. For A. The general rule is that a person is not liable for injury by a domestic animal, if the animal be rightfully in the place when the mischief is done, unless it is affirmatively shown not only that the animal was vicious, but that the owner or keeper had knowledge of the fact.

13. Q. When are defamatory words actionable per se?

A. I. When they impute having committed a crime. 2. When they impute having a contagious or infectious disease of a disgraceful kind. 3. Where they affect the plaintiff in his office, business or calling. 4. When they tend to disinherit the plaintiff. 5. Where the defamation is a libel.

14. Q. A and B were in the employ of the Lake R. R. Co., the former as engineer, and the latter as fireman of Engine 411. Through the negligence of A a collision occurred, in which B was injured. Can B maintain an action against the railway company? A. No. Because A and B are fellow servants. 15. Q. A, a minor living at home, was not properly supplied with necessaries by his father. thereupon bought necessaries from C, who brought an action for the price thereof against the father. Can this action be maintained?

A

XII. The Rule of Priority, or When the Lien Attaches.
XIII. How the Creditor's Lien or Right May be Lost or
Become Subordinate.

XIV. XV.

A. Yes. The father is bound where he refuses or neglects to furnish the minor with necessaries.

16. Q. A has in his hands moneys to which both B and C make claim. B has instituted an action against A, and C threatens to do likewise A has no interest in the moneys and cannot determine to whom they should be paid What would you advise A to do under the circumstances?

A. I would advise A to file a bill of interpleader. 17. Q. Through mutual mistake certain property

Satisfaction of the Judgment. (What amounts to.) Rights of the Creditor After Satisfaction of Record without Actual Receipt of Payment. XVI. Liability of Officers and their Sureties. XVII. Liability of the Creditors. XVIII

Garnishment as a Defense.

No man is prepared to practice law untill he understands, not only what circumstances give a right to action, but how that right may be enforced. You need this book on the "Common Remedial Processes.'

A BARGAIN. We have a few sightly shelf

worn copies of "Common Rem edial Processes," bound in law canvas. Regular Price, $3.00 that we will sell while they last for $1.75, delivered.

therefrom. Discovering the mistake, the mortgagee asks your advice, the mortgagor having refused to

DETROIT, MICH.

testation clause itself is prima facie evidence of all the facts stated therein, that is, that the will was properly executed. 43 N. J. Eq. 569.

21. Q. Distinguish between a special count and a common count in assumpsit, and state when the latter may be used?

A. Special assumpsit lies only upon an express contract which is specially alleged, while a general assumpsit never does, no matter whether there was an express contract or not, the recovery is based upon the implied contract to pay. The common counts are used whenever there is sought a recovery of money damages upon, or for the breach of, an implied contract.

22. Q. If defendant has a defense which at common law could not have been proved under the general issue, how may he plead it in the present practice?

A. He may plead the general issue and give the special defense in a notice attached to the general issue. N. J. Gen. Stat., p. 2553. sec. 117.

of

23. Q. Distinguish between an assessment damages and a writ of inquiry, stating briefly the procedure in each.

A. A writ of inquiry is but one method of assessing damages, and is used in an action on a contract for an uncertain sum. The plaintiff enters a rule for a writ of inquiry as of course, but not so the defendant in cases where the plaintiff is entitled to have his damages assessed by the court, or a judge, or the clerk, who must enter the rule before the expiration of time for pleading and file an affidavit of the amount claimed to be due. Notice must then be given for executing the writ, and no rule for final judgment shall be entered except by order of the court or a judge thereof, on two days' notice to the defendant or his attorney; but where damages are assessed by the court or a judge, or the clerk, a rule for final judgment may be entered upon filing such assessment, as of course, which judgment shall be signed and take effect as of the day when such rule is actually entered. Gen. Stat., p. 2508, secs. 149 to 154.

24. Q. A declaration and the plea interposed thereto are both defective in substance. On a demurrer to the plea, may the defendant question the sufficiency of the declaration?

A. Yes. The general rule is that on demurrer the court will consider the whole record, and give judgment for the party who, on the whole, appears to be entitled to it.

25. Q. A bill against a judgment debtor and X to set aside a conveyance made in fraud of creditors, states that the debtor "sold" the property to X, and prays that the "said conveyance" may be set aside, but the bill does not set out any deed of conveyance. (a) Is the bill good? (b) If you wished to object to it, how would you do so?

A. (a) Yes, it is sufficient to aver that the debtor has made a fraudulent conveyance without particularly describing the instrument of conveyance, and a copy of the instrument which is held to be fraudulent need not be attached to and made a part of the bill or complaint. 5 Enc. Plead. and Pract., p. 570.

26. Q. A bill in chancery is filed for specific performance of a contract. The defense is that the execution of the contract was obtained by fraud, and the defendant wishes to ask for a decree that the contract be delivered up to be cancelled. What form of pleading should he use?

A. The defendant should file a cross bill. 27. This question pertains to local practice and is governed solely by statute.

28. This question pertains to local chancery prac

tice and is governed solely by practice and court rules.

29. Q. On the trial of an action for slander, the defendant offers to prove the general reputation of the plaintiff. May he do so? State the general rule as to evidence of character in civil actions?

A. Yes, in mitigation of damages. The rule is that the character of a party in a civil cause cannot be looked to as evidence that he did or did not do an act charged.

30. Q. State the common law rule of evidence which excluded a party to an action from testifying therein, and state how far that rule is now modified by statute?

A. A party to the record in a civil suit, cannot be a witness either for himself, or for a co-suitor in the cause. This rule applies to all cases where the party has an interest in the suit, although it be only a liability for costs. In general, by statute, parties to an action may now testify therein; but such interest may be shown for the purpose of affecting their credibility.

Compensation of English Judges.

The Lord High Chancellor is second only in position to the Archbishop of Canterbury, and he enjoys an income of £10.000 a year. The Lord Chief Justice of England has a salary of £8,000 a year. The Master of the Rolls has a salary of £6,000 a year, and the Lords of Appeal in Ordinary have the same. Lords Justices of the Court of Appeal and the judges of the High Court earn £5,000 a year each. The Masters of the High Court, the London police magistrates. and the

After-dinner Poetry

and Sentiment.

Have you ever wished for a collection of bright, spicy verses containing sentiments suited to afterdinner speeches? Have you ever arisen from your dinner table and seated yourself before your fire and wished for a volume of light, restful reading that would fill your heart with warmth and good cheer? Have you ever wished for verses that might voice the tender sentiments of your heart in words of glowing passion that have sprung from some of the choicest spirits that have ever roamed the earth? Have you ever joined in a bacchanalian revel and wished for words to express your joy? Have you ever been happy and wanted to be more so? Have you ever been sad and wanted to get rid of your sorrow? In a word, do you want one of the best collections of poems of love and passion, humor and sentimentlove songs, drinking songs, pastoral songs, laughing songs, crying songs-all songs of the heart? If so, we have the book for you. It is just issued. It is compiled by a St. Louis lawyer, who says in his preface that it "represents a part of the random reading of an overworked lawyer." "Many evenings,' says he, "after dinner have these light-hearted, wholesouled bards added a glow of warmth to a disposi tion chilled by the secular work of the day, and their beautiful words, tender sentiments, patriotic impulses, humor, passion, pathos and hilarity, have helped to drive away dull care and smooth furrowed frowns into soft smiles."

Fancy cloth, deckle edge, gilt top, about 250 pages, Price, $1.50 delivered.

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County Court judges earn £1,500 a year each. The Masters of the High Court are chosen either from barristers or from solicitors, but all the other officeholders to whom we have alluded must have come from the bar.

The Attorney-General makes much more money than any of these dignitaries. His salary is only £7.000, but he has fees as well, sometimes to a very large amount. The Solicitor-General has £6,000 a year, besides his fees. Of course, the double work, legal and parliamentary, which these officers have to. undertake is most arduous, requiring an iron constitution and a mind that requires but little time for rest. The private practitioners in some few cases make larger incomes than any of the official persons at the bar. It is not indeed many who make "five figures;" but there may be always one or two leaders who are achieving this. The leaders who are chiefly before the public in ordinary cases do not often make more than from £5,000 to £6,000 a year. Larger fortunes are frequently made by men who specialize in patent cases, who are engaged in rating appeals and compensation work, or who practice their profession at the Parliamentary bar.

Examination of Witnesses.

All the practical rules given by writers on the examination of witnesses extol the wary crossexaminer, who must play the role of the skillful chess-player, "mild with the mild, shrewd with the crafty, confiding with the honest, merciful to the young, the frail or the fearful, but rough to the ruffian, and a thunderbolt to the liar," as David Paul Brown put it, says the National Corporation Reporter. The rapid fire cross-examiner of the present day, when witness-examinations are drawn out at great length, particularly in personal injury cases, where there is large territory for mistaken views and misrecollections, has a most difficult task, and he should have full swing at the witnesses in the interest of justice under the wise mastership of an experienced presiding judge, who hears and sees, and does not read newspapers while the evidence proceeds. Still there must not be an abuse of the witnesses. and juries are apt to sympathize with the injured witness who suffers from brow-beating. A skillful cross-examination is far from brow-beating.

Archbishop Whatley, in his Annotations of Lord Bacon's Essays (on Judicature), expressed opinions on the different modes of examining a witness which have not become stale in the course of time. With much wisdom and sagacity, he thought that "the kind of skill by which the crossexaminer succeeds in alarming. misleading or bewildering an honest witness, may be characterized as the most, or one of the most, base and depraved of all possible employments of intellecttal power." Nor did he believe that it was the most effectual way of eliciting truth. "Generally speaking (wrote the good Bishop), a quiet gentle and straightforward, though full and careful examination will be the most adapted to elicit truth. The manoeuvers and the brow-beating which are the best adapted to confuse an honest, simpleminded witness are just what the dishonest one is the best prepared for. The more the storm blusters, the more carefully he wraps around him the cloak, which a warm sunshine will often induce him to throw off."

The task of an examination of witnesses cannot

be learned by theoretical rules-judgment, discretion, and a large modicum of common sense are the combined essentials of a skillful examiner of witnesses.

The One-Client Lawyer.

The poverty of briefless barristers is as proverbial as that of the church mouse. It would not be an unnatural mistake to consider a barrister with only one client hardly better off than one with none, says the World's Work. But the modern "one-client lawyer" is usually a prosperous individual. Said a man well known in the business world some years ago to a friend: "I want a young lawyer to put down at a desk beside mine. I'll familiarize him with my affairs, and then I want him to keep me out of trouble." The counterpart of this lawyer, whose duty it is to act as his own client's ounce of prevention, may be found in the office of many large concerns. He is often connected with trust companies, banks, banking houses, railroad and other transportation companies, and large wholesale mercantile houses. When a merchant found himself in a tangle, it was once the custom for him to go to his lawyer for advice. The results were a written "opinion" and a fee. The business man to-day obtains a lawyer who shall work for him alone. Again the field of the general practitioner is narrowed.

Speeches and Speechmaking

By Judge J. W. DONOVAN,

Author of "Tact in Court," "Skill in Trials," Etc.

Cicero said, "Poets are born, but orators are made." He might have added that they make themselves. In the making of orators this book has played a great part during the last few years. The fact that four large editions have been necessary in order to supply the demand, evidences its immense popularity. It has been helpful and therefore popular, because it is not a mere hand-book on elocution, but is a text book on oratorythe preparation, arrangement and making of speeches for all kinds of purposes and occasions.

Bound in cloth. Price $1.50 delivered.

THE SPRAGUE PUBLISHING CO., Detroit, Michigan.