'Wm^ m liii iilili QUESTIONS FOR THE USE OF STUDENTS IN THE JUNIOR LAW CLASS OF COLUMBIAN UNIVERSITY. BY WALTER S. COX, PROFEflfiOR IN THE LAW DF.rAHTMENT OF COLUMBIAN UNIVERSITY, WASHINGTON, D.C. WASHFNriTON, I). C: W. H. MORRISON, I.AM' rrBI.IMHF.K AND IIOOKRELI-ER. 1891. Entered according to Act of Congress, in the year 1877, By W. H. & O. H. MORRISON, In the Office of the Librarian of Congress, at Washington, D. C. T . PHILADELPHIA : SHERMAN A CO., PRINTERS, L . €^^i.La.^c^ J, "^ Mkff^^ 756579 BLACKSTONE. Section III, INTRODUCTION. 1. What is municipal law? 2. Into what two branches are the laws of England divided ? 3. What is embraced by the unwritten law ? 4. What is the common law? o. What are the general subjects to whicli it i-olates? 6. What is the origin of the common law ? 7. Where is the common law to be found ? 8. What are law reports ? 0. What is the difference between the records of judgments and reports ? 10. What is tlic authority of text-books ? 11. Wliat are the earliest law rejjorts? 12. What do they resemble in this country? IH. What is the force and value of ])reced('nts ? 14. \\'hatother customary law is there besides the coninion hiw ? !•'). fiive example of special customs? 16. What difference between those nf wliiili the courts t;iki' no- tice and those which have to l>r proved ? 17. IIow were customs of the city of I/ondon proviil? is. How customs generally ? 15). What profjf is necessary to estaltlish ;i Mnding IocmI cusloni? 20. Clan it prevail against an express stalntc? 21. What is necessary to make a binding local coniincni^il usage ? 22. What was legal memory at conimon law? 23. Wliat is the effect of a jiulicial decision establishing a local custom ? 24. What otlier branches of the unwritten law are there besides the ooninion law? 2.5. What is the civil law and what the canon law? 20. In what courts do they prevail? 27. Iltnv arc they parts of the unwritten law? 28. ^\'hat authority do the common law courts exercise over the others ? 29. What is the written law? 80. Can an English court i)ronounce a statute void ? 31. How is it ill this country? 82. What are jtublic and what arc private statutes? 88. What the difference in their effect? 84. Who are bound by a private statute, and how is it proved? 85. How are public statutes divided? 86. How far does the preamble control the interpretation ? 37. Wliat is stated in the text to be a general guide in the inter- pretation ? 38. How are penal statutes to ])c construed, and give example ? 39. What are statutes against fraud, and remedial statutes, and how do they differ from j^enal ? 40. What is the rule as to the different parts of a statute ? 41 . How if there be a saving or proviso contradictory to the body of the statute? 42. What is the effect of a statute ])lainly inconsistent with the common law or a previous statute? 43. What is the effect of repealing a statute which itself repeals a prior statute ? 44. Can a statute be good which binds in terms subsequent legis- latures or parliaments against its repeal? 4o. Wliat is the difference l)etween such and legislative grants, as c.r/., exemptions from taxation to corporations? 46. How are statutes on the same subject (m pari materia) to be construed ? 47. If a statutory offence is not punished while the statute is in force, can it be afterwards? 48. If a statute inflicts a penalty for an act without declaring it unlawful in terms, does that make it unlawful ? 49. If a statute creates a new offence and prescribes a penalty, can any other be indicted ? 50. Suppose it adds a new penalty to one existing at common law, does that exclude the old one ? 51. What is the force of a statute to fix the interpretation of a former one? 52. In what case can a statute act retrospectively? BLACKSTONE. Book I, Chapter I. 1. What is the difference between al)Solute and relative rights of person ? 2. What between rights of persons and rights of things? 3. What are called the absolute rights of Englishmen ? 4. What does the right to personal security involve? 5. Is this recognized in an unborn chihl ? 6. Is an injury to personal securit}'^ from mere negligence re- cognized as an actionable wrong? 7. What may out; do in defence of life and limb? 8. What will be justified by mere battery or threats? [). What are offences against the re])utation ? 10. What is an oflen(;(! against personal libi'ity, and what amounts to false imprisonment? 1 1 . What is duress, and what its effect uponlxmds and contracts? rj. What are the relative rights f)f father and husband ? 10. What causes of action grow out of a negligent injury to a minor child or wife ? 11. What is the father's remedy for the scduclioii of a minor child, and what is the name of (he action ? I'l- In (tase of the death of wife m- chiM from negligence, what remedy has liusband or fatln r? 6 16. Has the child or wife any remedy for injuring, disabling, or killing father or husband ? 17. What are known as the guarantees of the rights of English- men ? 18. What does Magna Charta provide as to personal liberty and as to the rights of property ? 19. What is there analogous to it in our laws? 20. What was the next important public act ? 21. What was the occasion of the petition of right? 22. What provision in it was engrafted on our Constitution ? 28. What was the habeas corpus act, and what did it provide as to personal liberty ? 24. What was the declaration of rights of 1688 ? 25. What does it contain in common with our Constitution ? 26. What was the last of the guarantees, and what does it con- tain that is followed in our Constitution ? 27. On the hearing of a habeas corpus, what is inquired into find determined ? 28. What is the power of the Federal courts to issue a habeas corpus where a party is imprisoned under process of a State court? 29. What is the right of eminent domain, and how is it exer- cised ? 30. How far must the compensation required by the Constitu- tion go? does it extend to consequential injury ? .BLACKSTONE. Book I, Chapter IX. 1. What was the Sheriff, anciently ? 2. How is he now appointed ? 3. How was he formerly elected ? 4. How, generally, in this country ? 5. What were the Sheriff's judicial duties? 6. Has he any such in this country ? 7. What is his power as to preservation of the peace? 8. What is his main ministerial duty ? 9. In inquisitions of damages, what are his duties ? 10. What was the ofKce of coroner? 11. What are his duties? 12. What are his duties in case the Sheriff is parly to a suit? 13. Wliat was the Justice of the Peace originally ? 14. When did they hegin to be called Justices? 15. What are his duties, and when ministerial and when judicial? 16. In what case is he liable to action ? 17. What is the general jurisdiction of Justices in this country? 18. What is the Constable, and what his duties ? B L A C K S T O N E. Book I, Chapter X. 1. What is allegiance, natural and local? 2. Can natural allegiance be renounced by the law of England ? 3. How in tliis country? 4. Can a subject or a citizen acipiire a foreign character, and for wliat i)ur])Ose? 5. What jieriod in our history fixes the nationality of American citizens? G. What are the disabilities of aliens as to projjerty ? 7. Can a native-born subject or citizen inherit through an alien? 8. How if two l>rotliers are ntilives, but the father an alien; can one brother inherit from the other? 9. Can ;in idien ;ie(|uire ;iiid hold Kinds? 10. Wii:it lieeomes of tlum ? 11. Ill case of the death of an alien before ollice founil, what be- comes <»f the land ? 12. What if the alien convey it away? 8 13. What can an alien mercliant do? 14. Can an alien acquire and dispose of personal property ? 15. Can he take a mortgage? 16. Could he buy in at a sale under the mortgage and hold ? 17; Can he bequeath his property ? 18. What becomes of it in case of intestacy ? 19. How is the alien's disability removed? 20. What is a denizen, and how must one be naturalized ? BLACKSTONE. Book I, Chapter XIV. ■■) 1. What was the effect of a general hiring at common law? 2. What is now considered the effect? 3. Is any warning necessary to terminate the relation ? 4. If the servant leave in the middle of the month or quit with- out cause, what can he claim ? 5. How if he is dismissed without cause ? 6. How if he leaves for good cause ? 7. How if he is dismissed for good cause ? 8. How if the contract is terminated by mutual consent ? 9. When the contract is for a certain time, what is the rule? 10. If wrongfully discharged, can he sue at once, or must he wait until the term has expired ? 11. Is the master bound to provide medical attendance for do- mestic servants ? 12. Is he bound to give his servants a character? 13. Are disparaging characters to servants actionable libels? 14. What may a master do for a servant and not for a stranger? 15. How far is a master bound by contracts made by a servant in his name? 16. How if I deal with a tradesman for ready money and he furnishes goods to tiie servant on my credit ? 17. If I sometimes send cash and sometimes not? 18. What is the master's responsibility for torts of the servant? 19. If I emplo}' a man to repair my house, is he a servant for whose negligence I am responsible ? 20. How as to sub-contractors and sub-servants ? 21. Is the master liable to one servant for injuries from neglect of another ? 22. What is the tendency of modern decisions on this subject? Chapter XV. 1. What is marriage in the view of the common law? 2. What is the first requisite to a valid marriage ? 3. How many kinds of disai)ilities are there ? 4. What are canonical (lisal)ilities, and what their effect? T). What are the civil disabilities? 6. At what age may a man and woman respectively marry? 7. What right has one marrying under age when he or she arrives at majority? 8. What right of disattirmance has the one who married at proper age ? 9. How is this an exception to general rules? 10. How does want of r(;ason affect the marriage? 1 1. What form of contract is sufficient for a valid marriage? 12. By the law of what place is the validity of the marriage determined? 13. How if parties go there to evade the law of their domicil? 14. How is marriage dissolved? 15. How many kinds of (livor<;e are there? 10. What was tluj effect of a divorce a vinculo? 17. For what causes was it granted ? 18. Divorces a mrnsa el Ihoro, for what causes? 19 What is alimony? 20. liy what law, in this country, is the validity of :i divorce determined? 21. What is the e(f(!(t of marriage on contracts before marriage, between huHband and wife? 10 22. What on her power to contract with others or to contract with her husband, and their power to convey to each other, to testify for or atrainst eacli otlier? 23. What is the etfect of the l\usl)aud's outlawry? 24. Of his abandonment of the wife? 25. What rights does he acquire as to her personal chattels ? 26. How where she holds as joint tenant with another? 27. How as to her paraphernalia? 28. What property does he acquire as to her choses in action ? 29. How if he dies before reducing them to possession ? 30. How if he survive her? 31. How if he then dies? 32. What acts amount to a reduction to possession ? 33. How of transfer of stock ? 34. How of indorsement of note for value ? 35. How of voluntary assignment in bankruptcy? 36. What is the wife's survivorship? 37. What are equitable choses in action, and what power has the husband over them ? 38. Suppose he has to resort to a Court of Equity to get them into possession, what is the practice of the Court in such cases ? 39. What proportion is settled to the wife's use? 40. What is this right of the wife called ? 41. Suppose the husband makes an assignment of the wife's equit- able choses in action, which does not, of itself, amount to a reduction to possession, what are the wife's rights ? 42. Suppose the husband dies after the assignment, what is the result ? 43. How in case of assignment of the wife's reversionary interest in stocks ? 44. What interest does a husband acquire in the wife's chattels real ? 45. Can he bequeath them ? 46. Can he sell and convey them ? 47. Are they liable for his debts ? 48. If he grant a rent charge out of them, will it survive him ? 11 49. What interest does he acquire in his wife's freehold estates? 50. Suppose she be tenant pur autre vie and dies before the ceshd que vie, what has the husband ? 51. What interest does he acquire in her fee-simple estates? 52. Can the husband's interest in the wife's estate be levied upon ? 53. What power of disposition has the wife over hqr estate, personal and real? 54. AVliat is the usual form now of settling property on a married woman ? 55 What is its effect? 56. What are clauses against anticipation in sucli settlements? 57. How can her separate estate be mad»^ linMc for \\('v debts ? 58. What is the force of ante-nuptial agreements to settle property on the wife ? 59. Are such agreements good against creditors ? 60. What post-nuptial agreements can be made ? 61. Suppose a wife to join in a deed with her husband, to convey her title, which contiiins covenants, is she bound by them ? 62. Can she execute a bond or contract to convey ? 63. \Vhat interest does a wife acquire in her husband's personal estate ? 64. What in his real? 65. In what j)roperty does she aequu'e dower? 66. How if iiusband alien witliout lier concurrence? 67. What are deeds of separation, :ind what the usual form ? 68. What effect have they on the wife's control of h.i- property ? 69. What are the husl)and's lial)ilities for his wife? 70. What effect has his death on his li.ilMlily? 71. What effect has her death ? 72. How as ty act of h^gislature? 56. How can it be? 16 57. What are the two kinds of proceedings against a corporation to declare it unlawful and dissolved ? 58. What is the difference between them, and what the judgment in the two cases ? o9. In whose name must such j)roceedings be instituted? 60. Can its forfeiture of charter be taken advantage of collat- erally ? 61. Can it forfeit property, or any of its privileges, unless that be adjudged directly? 62. What were the common law consequences of dissolution as to property ? How is it noAV ? 63. Can a corporation, holding property, convey it in fee simple, so that its reverter to the original owner, on its dissolu- tion, would be prevented ? BLACK STONE. Book II, Chapters I, II, and III. 3 Kent, Led. 52. 1. What is real property ? 2. What is embraced by the term " land ? " 3. What by "tenement?" 4. How are hereditaments divided? 5. What is the maxim as to the extent of ownership of land ? 6. What passes by a grant of it? 7. What are the incorporeal hereditaments ? 8. Which of them do not exist in this country ? 9. What is the definition of an easement ? 10. What is the difference between an easement in gross and appurtenant ? 11. What are the two estates called affected by the easement? 12. What was the common law division of commons? 13. What the effect if the tenant bought part of the common land ? 17 14. Common appurtenant was what? 15. Common of vicinage, what? 16. Common of piscary was what? 17. What rights at common law had owners of l.iml bordering on rivers? 18. Free fishery was what? 19. Several fishery ? 20. Is there a common law right in any one to liaid tlie seine on the land of any one on a river? 21. Is there a right to tow boats along the river shore? 22. What is a way ? 23. How does it arise ? 24. What is a way in gross? 25. Can it be assigned or transmitted to heirs? 26. How does it differ from a common in gross? 27. A way of necessity is what ? 28. Suppose a trustee sells land to which tliere is access only over his own land ; does a way of necessity arise? 29. If a man sells all his own land except a ])art in the centre does he have a way of necessity over it? 30. How is a right of way extinguished? 31. What is a public way of necessity? 32. Does the same rule ai)i)ly to ])rivate ways? '-]'k When a river or other natural ol)iect is called fny ;is the boundary of land, to what j)oint does the land extend ? 34. If land be gradually washed from one side to the other of a river, to whom does it belong? 35. If violently, to whom? 36. Between low and high tide-water marl<. to whom dots the land l)elong? 37. lielow tide-watc-r, what is tiie Itouiidary of land calling for th(; river? 38. How of a grant of land bnundi'd by llir higiiuay? 39. Wlii'ii ;i pnlilic mad is condemned tliroiigli private pro|)('rty, wiiat is t:dles of qualified or base fees? 27. What is the ilifii'erence between these and an estate to one and his heirs for the life of another ? 28. What power of disposition has the owner over a base fee ? 29. \\niat was the conditional fee at common law ? 30. What the construction of the courts as to heirs of the body? 31. What the effect of birth of issue ? 32. Wliat tlie course of descent, if donee did not alien? 33. What was the statue de donisf 34. What its effect on conditional fees ? 35. On the estate of the donor in reversion ? 36. What kind of an estate was an entail ? , 37. How many kinds of estates tail ? 38. If tenant in tail male has a grandson descended from a daughter, can he inlierit? 39. If tenant has estates in tail male and tail lemalf, wliich can a daughter's son inherit? 40. What words are necessary to nuike an estate tail ? 41. What passes by deed to one and Ins issue? 42. What was a gift in frank-marriage? 43. If it be to husl)and and wife and the lieirs of his ])ody begotten on his wife, wiiat estate {massed ? 44. If to husliand and wife and th. What of :i |e;i>c lor so many years as one shall live? 10. How does this did'ei- from a life estate? 11. IImw of a lease for twenty y(!ars if 9. MuKt an amgnment be in loriting ? 70. How if tenant for less than three years assign verbally f 71 . Il7m,/. amonnts to a waiver of forfeiture f 12. If a bri'dch be a continuing one, how far would one waiver go 1 ~\\. How (Iocs c>ehold ? 34. On redemption^ if viortgage has been in j)ossession, what will he exacted of him ? 35. What credits will he be entitled to? 36. How as to permanent improvements ? 37. Can tlie mortgagor part with the equity to the creditor after executing the mortgage? 38. What is a conditiou(d. Hide loith a right to repurchase f 39. Is there any equity of redemption ? 40. What strictness is required in complying with thr condition? 4 1 . What are the obligations of heir and execvior, respectively, in rela- tion to mortgaged properti/ ? 42. Whai rights lias the heir as to application if the personal estate f 43. Wliat arc the rights of the iiK)rtgagct' after forfeiture? 44. How if the property be under lease? 45. What is the right of foreclosure? 46. If there was no covenant for payment of the (hhl, h;i(l the iiiortgiigce any further rciiicdy? 47. // iiinrtgnge xcll fur a. fair price after foreclosure, run. he sue for the deficiency t 32 4.S. W'liat is the gcncM-iil practice of the courts, in this country, as to forochisure? r.K What the modern form of mortgage, as to selling? ')0. ^^'hat the still more modern substitutes for the mortgage ? r>l. Who must he inadc parties in a suit for foreclosure, and why? ")2. How is the mortgagee barred of his foreclosure? ii'A. Is a reconveyance necessary when a mortgage is paid off? ")4. What is the effect on the mortgage of an assignment of the debt itself? no. What is the difference, as to remedies and the bar of time, between the mortgage and tlie debts secured by it? i\C^. What was the English doctrine ns to fncking further advances to the original mortgage debt? 57. Under what circumstances will future advances be secured by the mortgage as against intermediate incumbrances? h'^. \Miat was the English practice of tacking mortgages ? oi). What is an equitable mortgage ? 60. Against whom will it prevail? 61. What is a vendor's lien? 62. Against whom will it prevail? 68. What amounts to a waiver of the vendor's lien ? 64. ^\llat were the Statutes, Merchant and Staple ? 65. What was the tenant by elegit ? 66. AA'hat was the rank of these interests as estates? 67. Can an absolute deed be shown by parol to be intended as a mortgage? BLACKSTONE. Book II, Chapter XI. 4 Kent, Led. 5£. 1. \\'hat is a remainder, and how does it differ from a rever- sion ? 2. What is the first estate which precedes a remainder called? 33 3. How many estates may be carved out of a fee ? 4. Can there be any remainder after a fee ? 5. If a term for years be created to begin in futuro, or a free- hold, under the Statute of Uses, will it be a remainder? 6. How at common law could a freehold be created to take eflFect in future ? 7. "Why must there be a particular tenant? 8. What is the relation of the particular estate to the remain- der? 9. Will an estate at will support a remainder, or why not? 10. When must the title of the remainder pass from the grantor ? 11. How in the case of a contingent remainder? 12. When must the remainder become vested ? Why ? 13. Does the reason apply to remainders foryears? 14. Is it a remainder if it does not take efifect before or at the ex i)i ration of the preceding estate ? 15. Can an estate be a remainder which goes into effect by abridging the particular estate ? 16. What is such an estate ? 17. Can a remainder be limited after a life estate in case another remainder in fee does not take effect? 18. Cross-remainders are what? 19. What are the two kinds of remainders ? 20. What is the essence of the vested remainder? 21.. If an estate be to A for life, remainder to B ibr A's life, is it vested? 22. If to A for life, remainder to such uses as he may aj^point, and in default of such appointment to B, is B's remainder vested or contingent? 23. How if to A for life, remainder to liis children, present and future? 24. How if it be to A, if or when he attains 21 years of age, and the intermediate estate is disposed of? 25. How if to trustees and their lieirs until A atlaiii 21 years of age, and then to him? 26. Under what two general heads may contingent remainders be classed? Examples. 3 34 27. How of a remainder to children unborn and the case of a I)osthunious child ? 28. Tl7m< has the certainty of enjoyment to do with the question of rested or contincicnt ? 211. What is too remote a contingency? 30. If the estate be to A for 80 years, remaind(>r to B on the death of C, is it a vested or contingent remainder ? 31. If an estate be to one for life, remainder to his heirs, is it a contingent remainder ? 32. What kind of particular estate is necessary to sui)pbrt a contingent remainder ? 33. How is a remainder affected by the destruction of the par- ticular estate, or its invalidity ? 34. Can the remainderman take advantage of a. condition subsequent ? 35. How is a remainderman affected by a particular tenant in- curring forfeiture ? 3f). How does the disseisin of the particular tenant affect the remain- derman ? 37. How if disseisees right of entry is gone? 38. What is the contrivance of a trust to preserve contingent remainder? 39. If a contingent remainder in fee be given, where is the fee before the contingency happens ? 40. How in the case of future uses and executory devises? 41. Could contingent remainders be conveyed, devised, etc.? 42. The rule in Shelly 's case is what? 43. What were supposed to be the reasons for it ? 44. How are intervening estates between the life estate and in- heritance affected ? 45. How if the two estates are not created by the same deed ? 46. Horn if by virtue of a power in the samie deed, the inheritance is given to the heirs of the tenant for life? 47. Does the ride apply even if the intention appears to be different, when the technical words are used f 48. Hov) as to executory trusts.? 41). What are the exceptions to the rule ? 50. How when the two estates are of a different character ? 35 51. What is a reversion? 52. At common law was there a reversion upon the grant of a fee? 53. What statute changed this, and how ? 54. What are the incidents of a reversion? 55. What passes by a grant of the reversion ? 56. What effect has the assignment of rent on the reversion ? 57. Suppose one convey for life, with remainder to himself and heirs, what estate has he? 58. How are reversions transferred? 59. What is the difference between reversion after an estate for years and after a freehold ? 60. How must the latter be transferred V 61. Is a reversion subject to a levy of an execution ? 62. What remedies has reversioner for injuries to the freehold? 63. What is merger? 64. Can a term merge in a term ? 65. What kinds of estates are subject to merger? 66. Is the larger estate increased by the merger? 67. Will it take place if there be an intervening estate? 68. In tvhat cases toill it take place if the two estates are held in differ- ent rights? 69. Solo if legal and equitable estates meet in the same person? BLACKSTONE. Book II, Chapter XT. 4 Kent, Lecl. 60. 1. What are executory devises? 2. What is their effect on the free disposition of Ihc^ fee simple? 3. What are the three kinds of executory ilevises ? 4. Why can a freehold be devised to commence in future f 5. What becomes of it in the meanwhile? 6. Why could not a fee be limited after a i\'i' \)y dvi-d ? 7. Wliy could not a term for years be limited for life with re- mainder over, by deed? 36 8. What restriction is tlierc upon the power to limit them by will? !). What is the main diflerencc between contingent remainders and executory devises? 10. As to the power of the i)resent tenant to destroy tliem, what ? 1 1. Within what time must an executory devise take effect in possession, and why? 12. llow if tlio contingency on which it is to take effect may occur within the time or not ? 13. If a deniae be made to one in fee, but if he shoxdd die without issue, over to another, what construction is given to the words '' without issue f " 14. Is such a devise over a good executory devise? 15. Hoiv do the courts sustain the devise over? 16. How of a devise to one generally and then over, if he should, die without issue f 17. When an estate is devised, to commence infuturo, what be- comes of the profits in the meanwhile ? 18. What of the income of personal estate so devised ? 19. Can an executory devise be assigned, devised, or inherited ? 20. A\\as there any limit at common law to the number of lives running at the same time, during which the executory devise was suspended ? 21. In what case was this question decided? 22. What was held as to the accumulation of the income mean- while ? 23. \\'hat statutory enactment was the result of that case ? BLACKSTONE. Book II, Chapter XII. 4 Kent, Lect. 64. 1. How was a sole owner said to hold ? 2. How did several owners hold ? 3. How is a joint tenancy created ? 37 4. AVliat are the unities of a joint tenancy? 5. How of an estate to A and B and the heirs of A ? 6. If the owner of the fee die first, what is the result? 7. How if it be to A and B and one moiety to the heirs of each ? 8. What of unity of time ? 9. Wliat if the estate be to A, remainder to the heirs of B and C, and B dies first after A ? 10. How as to conveyances under the Statute of Uses ? 11. Hoiv of a devise to the use of the children of A ? 12. What is the nature of the seisin of joint tenants and copar- ceners ? 13. How of an estate to man and his Avife in fee? 14. How, if a man and woman be joint tenants and afterwards marry ? 15. Can either dispose of an undivided moiety so as to sever the tenancy ? 16. How is this survivorsliip prevented in a grant ? 17. Can a joint tenant devise his interest? 18. Is liis wife entitled to dower, as against the survivor? 19. If a joint tenant make a will, and himself survive, does his will operate? 20. How of mortgages made before survivorshi]) ? 21. Do tliey hind his grantee? 22. Is joint tenancy fiivored by the courts? 23. How of partnership property ? 24. How is joint tenancy destroyed ? 25. What is the efl"ect of a conveyance by one to a stranger? 26. How if one of three convey to a stranger? 27. How if one of tliree releases to one of the others? 28. What arc the advantages and disadvantages of a severance ? 29. What if one joint tenant grant away for tlie life; of liis co- tenant? 30. Vox wliat is a joint tenancy useful now ? '•'A. What is the difference between granting to A jind l> ;in(l their licirs, and to A and \\ iind the survivor, and tlie heirs of tlic Hurvivor? 32. How did :in estate in coparcenary arise? 38 33. What kind of coparcenary is there in this country? 34. What unities has this estate? 35. How if one coparcener dies leaving daughters? 36. What is tlie difference in the seisin from that of joint tenants? 37. How is the coparcenary severed? 38. What was hotchpot? 39. What unities has tenancy in common ? 40. How may it have others? 41. How is the tenant seized? 42. What is the effect of his death ? 43. How can he deal with the property ? 44. How can part of the fee in an undivided interest be held in common and the rest in joint tenancy ? 45. How of a grant to several men or several women and the heirs of their bodies? 46. How of a grant to two ; one moiety to each? 47. How of a devise to two, equally between them ? 48. Can one of several owners grant away a part, by metes and bounds ? 49. By what conveyance can one joint tenant convey to another? Why ? 50. How of a tenant in common ? 51. How do the acts of one joint tenant affect the others, and what acts ? 52. What of release, entry, reservation of rent in lease, etc. ? 53. How as to joinder in suits ? 54. In what do tenants in common join ? 55. If in a lease, how is it considered ? 56. How is the possession of one considered with reference to the otlier? 57. How if one actually exclude the other? 58. How is tenancy in common destroyed ? 59. What is the effect of a conveyance by one tenant in common to a stranger ? 00. What remedy had joint tenants or tenants in comjuon against the others for repairs ? 61. How is a partition compelled ? 39 BLACKSTONE. Book II, Chapters XIII and XIV. 4 Kent, Lect. 65. 1. What is necessary to constitute a perfect title? 2. Why is mere possession called a form or degree of title ? 3. Define the difference between the mere possession, apparent imd real right of possession? 4. What was the effect of death of disseisor in possession on the rights of disseisee ? 5. What was the difference between possessory actions and writs of right, as to bar by lapse of time? G. What was a discontinuance by tenant in tail? 7. What its effect on the rights of the heir? 8. What was the effect of judgment in a possessory action against the plaintiff? 9. Wlien the real owner can neither enter nor maintain a pos- sessory action, what has he? 10. Can his mere right be assigned ? 11. What is title by descent? 12. Wluit is consanguinity ? How many kinds? 13. What is lineal, and what collateral? . 14. What is the heir ai)parent, and what the heir presumptive ? 15. Has either any title in tlie life of the ancestor ? 16. What must an lieir sIkjw to establish title by descent? 17. (live an application of the rule? 18. How is the seisin necessary for descent acquired ? 19. In exchanges, if liotli die before entry what is the conse- quence ? 20. How, if one die? 21. What is seisin in law, and what seisin in fact? 22. Is the former suilicient to transmit title? 23. If tlieancestor had atenant for years or life, wlial was neces- sary to make actual seisin in the heir? 21. What seisin of incorporeal hereditaments is necessary? 25. What is the iirst rule of descent? 26. What is the second rule? 40 27. Wluit is the third? 28. How, where there were daughters only? 29. What the fourtli rule as to representation ? Examples. 30. What is taking per stirpes, and what per capita ? 31. Where the deceased had several daughters and one of them had died leaving sons, wdiat was the rule ? 32. Wliat was the fifth rule? 33. What was meant by the first purchaser? 34. Grandfather, father, and son; the father had purchased. To whom could the estate go ? 35. If the grandfather, how ? 36. To whom could one purchasing anew transmit ? 37. What was afcudum novum to be held utfeiidum antiquum? 38. How, if in fact the land descended to the propositus ? 39. What is the sixth canon of descent ? 40. How was the count in the common and how in the civil law? 41. What is the ground of the difference ? 42. On what ground is a nephew preferred to an uncle when both are in the same degree ? 43. Is the descent to collateral heirs immediate or through the common ancestor ? 44. What is the difference, in relation to ancestors, between kindred of the whole and the half blood ? 45. What is the ground of the rule which confines the inherit- ance to the whole blood ? 46. What is the seventh rule, and what the grounds of it ? 47. How, if lands descended on the mother's side? 48. What is hotchpot ? Chapter XV. 49. What is title by purchase? Examples. 50. If a man devise to his heirs, how do they take ? 51. How, if with limitations different from what the law would create ? 52. If an estate be given to A, remainder to the right heirs of B, how do the latter take ? 41 53. What is the difference between taking by purchase and de- scent, as to transmission to heirs ? 54. As to debts and incumbrances ? 55. What was title by escheat ? 56. What were bastard eigne and mulier indsrae ? bl. What was escheat through corruption of blood? 58. What is the difference between forfeiture and esclieat? 59. How may there be forfeiture without escheat, and how vice versa f 60. A\'hat was the effect of corruption of blood as to descent througli the party attainted? 01. What is the law of escheat in this country? BLACKSTONE. Book II, Chapters XV, XVI, XVII, XVIII. 1. What is title by occupancy? 2. Why cannot an estate imr autre vie descend to heirs ? 3. Why not escheat ? 4. What was general, and what special, occupancy? 5. What ditl the Statute 29 Chas. II enact as to estates yur autre me ? 6. What did the Statute 14 George II enact? 7. How does tlie law of occupancy a])ply to incorporeal here- ditanients ? 8. What is title by prescription, and how is prescription differ- ent from custom ? '.I. ill liDW many different ways dfn's one claim title by prescrip- tion ? 10. What limit upmi the right li> prcscribi^ was imposed by Statu b- 32 Henry Vlll V 11. To what kind of property does tlic title by prescription apply ? 42 12. To wliat kind of estate? 13. Can it apply to any rights tliat cannot be created by grant? 14. Can it apply to rights which must be created by record? 15. To what class of heirs must an estate claimed by prescription descend? If). TIow for back must an immemorial usage, as the foundation of rights, formerly, have been traced? 17. What is the present rule? 18. What is the uniform rule in this country?. 19. On what analogy is it founded ? 20. What was the consequence of alienation in mortmain ? 21. By what kind of alienation did a tenant of a particular estate incur a forfeiture ? 22. What is the consequence of such forfeiture ? 23. What was the consequence of a feoftment in fee by tenant in tail? 24. What was the consequence of alienation by deed in fee by particular tenants of rents, reversions, or other estates which lie in grant? 25. How if one attempt to convey a larger estate than he has by deeds operating under the Statute of Uses? 26. What is disclaimer by a tenant, and what its effect? 27. Is there a forfeiture by excessive alienation in this country ? 28. What is waste, voluntary arid permissive ? 29. What its consequences at common law and under the Statute of Gloucester ? 30.' What is title by execution ? 31. What eqecution affected real estate? 32. Under what law was real estate made subject to fieri facicbs in this country '/ 33. How is personal property ati'ected by fieri facias f 43 BLACKSTONE. Book I, Chapter XIX and Part of XX. 4 Kent, Lect. 67. 1. What power of alienation had a feudatory under the feudal system ? 2. Whose consent was necessary ? 3. How far could the lord alien his reversion or seigniory? 4. What was attornment? 5. What was enacted by Statute of Queen Anne in reference to attornments ? 6. What was the first step in the direction of free alienation ? 7. When and how did one first acquire the right to sell his lands ? 8. What was the jnirport and operation of the Statute Quid Emptores ? 9. What is the effect of that statute upon fee simple alienations at this day? 10. By what statute was the power given to charge lands with debts ? 11. By what statute was the j^ower of devising given ? 12. What restraint was tlu-n; imposed on the right of alienation by the Statute ?>•! Henry VIII? i;i W'hitt was the effect under that statute of a conveyance by one out of possession ? 14. What is the importance of the rule in making out a eh;! in of title in ejectment ? 15. Who are incapable of valid alienation ? 16. Wiiat interests may be alienated ? 17. Can a contingent remainder? 18. Can a person non convpoa mentis avoid his own deed ? V.l What was the old rule? 20. What euii his heirs do after his death ? 21. What can a iiiiiiDi- do in the way of avoiding his own deed? 22. What is duress, uiid what its efifect upon deeds? 44 23. Can a loino covert alien her i)roperty ? 24. Can slie purchase real estate ? 25. Can she disaffirm such purchase, and when, and can her heirs? 2G. What was the ori«,Mnal form in which title to a feud passed? 27. What was the origin of deeds? 28. Wliat their original form ? 29. What is a deed, and how many kinds are there? 30. How far is a consideration necessary to a deed ? 31. Does want of consideration affect title under a deed accom- panied with livery ? 32. How many kinds of consideration are there ? 33. With reference to whom is a valuable consideration neces- sary to the validity of a deed ? 34. How is a voluntary deed affected by the Statute of 13 Eliz. against fraudulent conveyances ? 35. On what must the deed be written ? 36. Was writing necessary to the tran"sfer of real estate at com- mon law ? 37. By what statute w^as it made necessary ? 38. What was the origin of seals ? 39. What acts could not be done without a deed ? 40. Were they necessary to the transfer of corporeal heredita- ments ? 41. By what law, if any, did deeds ever become necessary to the , transfer of real estate in England ? 42. How is it in this country ? 43. What is a seal? 44. What are the several parts of a deed of conveyance ? 45. If a description of property is inconsistent, how is it to be construed ? 46. What is embraced by lands or houses in a conveyance ? 47. When is an exception bad ? 48. What is the habendum? 49. When is the haliendum bad ? 50. What is the tenendum ? 51. Is it now in use? 45 52. What was the reddendum, and how does it diflfer from an ex- ception ? 53. What was warranty by the old common hiw, and what rights did it give ? 54. In what case was a warranty implied before the Statute Quia Emptores ? 55. What is the effect of tlie Statute of Quia Emj^torcs upon the warranty implied by the word ^^ dedif'' 56. What was the origin of express warranties? 57. How far did they effect the heir ? 58. How many kinds of warranty are there ? 59. What was the effect of lineal warranty upon the heir? fiO. What was collateral warranty? 61. What was the ruling of the courts as to the bar of collateral warranty ? 62. ^^' hat was the nature of the obligation of warranty ? 63. Is the old form of warranty still in use, or what supersedes it? 64. What are covenants of title, and what are the usual cove- nants of l)oth parties to a deed ? 65. What is meant by covenants running with the land? 66. What covenants do and what do not, run with the land, and why the difference? 67. By what acts is the covenant to warrant and defend, broken ? 68. How is it affected by trespasses of third persons? 69. Under the old form of warrant}', what was recovered by the person warranted, when evicted? 7. What was the eflectof a deed n\' fc. ilViiicnl witlioul considera- tion and expressing no uses? 11. What was the eflectof such a deed expressing the uses? I"). What the cdeet of liargajn and sab' or a covi-nant to stand seized to uses, wi til or without consideration ? K). If one grantcMl an estate to the use of some one at a future time, what became of the intermediate use? 48 17. What evils resulted from the system of uses? 18. What statute was passed to remedy the evils? 19. Kocito tlie statute? 21). What is the general object of the statute? 21. To what case docs it apply? 22. What is the effect upon common law estates? 28. How could a legal freehold be made to arise infuturo under this statute? 24. How a fee limited after a fee? 25. How did this statute afiect the jurisdiction of equity? 26. To what cases did the law courts hold the statute inappli- cable? 27. What was the consequence, and how did the court of equity resume its jurisdiction over the subject? 28. Was a trust estate subject to dower or curtesy? 29. What effect has the trustee's alienation upon the trust? 30. What did the Statute 29 Charles II provide as to trusts ? 31. What trusts do not require to be evidenced by writing? 32. Give examples of resulting trusts ? 33. What is a trust estate general ? 34. What are executed and executory trusts ? 35. How do courts of equity construe and give effect to a con- tract for the sale of land ? 36. What is a covenant to stand seized to uses? 37. What consideration is sufficient for it? 38. What is a bargain and sale ? .39. What consideration is necessary to it? 40. How does the statute operate upon it? 41. What did the Statute 27 Henry VIII require as to bargain and sale? 42. What is a lease and release? 43. What other deeds are there besides conveyances of land ? 44. What is a single bill? 45. What is a bond with condition ? 46. On whom and what is it binding? 47. What if the condition be impossible when it is executed or in violation of some positive law ? 49 48. What if it be to do something criminal per se 9 49. What if it become impossible? 50. If the bond is forfeited, what is recoverable? 51. \\'hat is a fine? 52. What is a common recovery? Stat. 27 Henry VIII. Where any person or persons stand or be seized, or at any time hereafter shall happen to be seized, of and in any honors, castles, manors, lands, tenements, rents, services, reversions, remainders, or other hereditaments, to the use, confidence, or trust of any other person or persons, or of any body politic, by reason of any bargain, sale, feoffment, fine, recovery, covenant, contract, agree- ment, will, or otherwise, by any manner, means whatsoever it be ; that in every such case, all and every such person and persons, and bodies politic, that have or hereafter shall have any such use, confidence, or trust, in fee-simple, fee-tail, for term of life or for years, or otherwise, or any use, confidence, or trust in re- mainder or reverter, shall, from henceforth, stand and be seized, deemed and adjudged in lawful seizin, estate, and possession, of and in the same honors, castles, etc., to all intents, constructions, and purposes in the law, of and in such like estates as they had or shall have in the use, etc., of or in the same, and that the estate, title, right, and possession that was in such person or per- sons that were, or hereafter shall be, seized of any lands, tene- ments, or hereditaments, to the use, etc., of any such ])crson or j)ersons, orof any body politic, be from henceforth clearly deemed and adjudged to be in him or them that have, or hereafter shall have, such use, confidence, or trust, after such quality, manner, form, and condition as tli( y had before, in or to the use, confi- dence, or trust that was in them, 4 Kent, Lccl. 62. 1. What is a i)f)wer? 2. VViiat are tlie ordinary powers ojicrating under the Statute of Uses ? 4 50 ^. How does a power of revocation and appointment, when ex- ecuted, operate? 4. Wlio were the parties to a jjower? 5. What other powers are tliere besides those of appointment and revocation? (). M'hat are powers appendant and appurtenant? 7. What coUateral and in gross? 8. By wliat instrument may a power be created? 9. If I grant to A in fee, with a power of future disposition, does that create a power ? 10. What of a devise to A generally, with a general power of disi)osition? 11. What of a devise for the life of the devisee, with power to appoint the fee? 12. What of a devise to such uses as a })erson may appoint, and in default of such appointment to that person and his heirs? 13. If that person then convey in fee, is he passing his estate or executing his power? 14. What is the difference between a devise to executors to sell and a direction that they shall sell? 15. What becomes of the title in either case before sale? 16. If the power is to appoint in fee, what estate must be given to the first grantee or devisee? 17. Within what time must the power of future appointment be exercised ? 18. Wliat is the difference, in this respect, between an estate de- rived under the power of appointment and an executory devise? 19. In case of a devise to such uses as may thereafter be ap- pointed, and in the meantime to A, is A's estate vested or contingent? 20. By what persons may powers be executed ? 21. Wliat difi'erence, in this respect, between femes covert and infants? 22. If a power be given to several, in what cases will it survive on the death of one or more ? 51 23. Can a power be assigned ? 24. When a power of appointment is executed, how does the ap- pointee take? 25. Can a general power be exercised in favor of the donee him- self? 26. Is such power equivalent to an estate in property ? 27. If an appointment be to A to the use of B, what estate is created in either ? 28. If the power is to be exercised by will, can it be done by deed, and vice versa? 29. Is a general ])ower to appoint for any estate exhausted by an appointment of less than the fee simple ? 30. If one owns property and has a power to appoint other property, by will, would a general devise of his property be an exercise of his power? 31. In executing a power can a power of revocation be reserved? 32. To what title does the new estate, created by the power, relate ? 33. How far does the relation back to the original deed affect intervening rights? 34. How was a power affected by disseisin, or a conveyance by fine or feoffment of the land ? 35. Where one had a general power of appointment, what effect did its exercise have in making the property liable for his debts ? 36. If it is made the donee's duty to exercise the power for the benefit of others, can the courts enforce its exercise? 37. What is meant by an illusory appointment? 38. What device, in the way of powers, was resorted to to pre- vent dower ? 31). What remedy is there for a defective execution of a jxnver ? 40. C;ui the non-execution of a i)ower bo remetliod ? 41. How is a power extinguished ? 52 BLACKSTONE. Book II, Chapter XXIII. 4 Kent, Lect. 68. 1. What interest in land could be devised before the reign of Henry VIII? 2. How were lands virtually devised by creating a use ? 3. How was this practice affected by the Statute of Uses ? 4. When was the Statute of Wills made, and what did it enact ? 5. AVhat effect had the Statute of Charles II upon the power to devise ? 6. What exception was there in the Statute of Wills, and what its object? 7. Who are capable of devising and of being devisees ? 8. If a man devise to his heirs, how do they take ? 9. What did the Statute of Frauds provide as to wills ? 10. What is a sufficient signing ? 11. What is a sufficient witnessing of the signature? 12. Must the witnesses subscribe in the testator's presence? 13. What is his presence? 14. Was a legatee competent to attest the will, and was a creditor? 15. What was the effect of their incompetency, and what the remedy provided by the statute? 16. What title must devisor have in order to pass land by his will ? 17. What property of the testator does a general devise pass? 18. Does it pass property acquired afterwards ? 19. Does it pass property held in joint tenancy? 20. If a joint tenant make a will and survive his co-tenant, does the will pass the property? 21. Can the possibility of his survivorship be devised ? 22. What facts amount to an implied revocation ? 23. What if the man marry the woman to whom lie has devised? 24. What will be an implied revocation of a woman's will ? 53 25. What effect will a subsequent change of seisin of the prop- erty have upon the will ? 26. What if testator convey away and take a deed back to him- self? 27. What if the deed be inoperative for informality ? 28. What effect has a mortgage ? 29. What effect would foreclosure of the mortgage or a purchase of the equity of redemption have upon a devise of a mortgage ? 30. Will accidental cancellation revoke a will ? 31. Is entry of devisee necessary to perfect his title ? 32. What effect has death of the devisee in the lifetime of the testator ? 33. Is it different if his heirs are named ? 34. Where does the property covered by a lapsed legacy go? 35. How in case the devise is void ? 36. What will pass by a general devise of a testator's estate? 37. What will pass by a devise generally on condition that de- visee pay debts ? 38. Give examples of estates created by will, by implication. 39. If testator devise in technical language as to a man for life, remainder to the heirs of his body, would a fee tail pass if the testator declared his intention that devisee shall not dis))OHe of the proj)erty for longer than his life? 40. Whore thure are repugnant clauses in a will, which prevails ? BLACKSTONE. Book II, Chapters XXIV, XXV, XXVI, XXIX. 1. W'liat are cliattels, real anlevin? 34. What its present use? 35. What is the process of replevying in case of distress? 36. What if the goods were secreted or carried ofl"? 37. What is the course of pleading? 38. What was the landlord's defence called ? 39. What the ))ailifr's? 40. What judgment is rcinji'i-cil Ini- ihc [ihiinlill where he lias received his goods, and where not? 41. What for the defendant? 42. Wliat is the mode of proceeding at the |)rescnt day ? 43. What are the pleadings in (ttlici- cases than distress? 44. What is necessary to enable the plain till' to sustain this action? 5 66 45. What was the action ol' detinue, and what were its disad- vantages? 4(>. What was the action of trover? 17. What title is necessary to sustain it? 48. Wliat amounts to conversion? 49. Is knowledge of another's title necessary to make a wrongful conversion ? 50. What is recovered in trover? 51. In what case does trespass vi et armis lie? 52. What possession is sufficient? 53. If property is leased, who must sue? 54. Who, if it is bailed ? 55 Wliatisadebt? 56. Wliat was the action of covenant? 57. What is the .action of assumpsit? 58. What is the difference between assumpsit and debt ? 59. What are implied assumpsits? 60. What is an assumpsit upon a quantum meruit ? 61. What are the common counts? 62. What the money counts? 63. What is the object of including these counts in suits on notes ? 64. In what cases of exjiress contract may plaintiff sue on the implied contract and declare on the common counts ? 65. In case of warranty how does plaintiff declare? BLACKSTONE. Book III, Chapters X and XI. 1. What is an ouster? 2. What is abatement ? 3. Intrusion ? 4. Disseisin? 5. What discontinuance? 6. Could the heir in tail enter after ancestor's death in case of discontinuance ? 67 7. Deforcement is what? 8. What was the importance of entry ? IJ. What was continual claim? 10. Could entry be made in case of deforcement, and if not, why ? 11. What was the remedy where there was no right of entry? 12. What must be shown in it ? 13. What will defeat it ? 14. What superseded the writ of entry? 15. What was the remedy in case of dower? 16. What was disseisin at election? 17. What was the limitation to these possessory remedies? 18. In what cases must a writ of right be resorted to ? 19. In a writ of right what must demandant show ? 20. What can defendant show in bar ? 21. What were formerly the rights of a tenant for years, when ejected, against the disseisor and against a stranger oust- ing him ? 22. What was the device ado])ted l)y the courts to miike eject- ment applicable to freehold estates ? 23. What is the still more modern device ? 24. What was enacted to prevent collusion between plaintifls and tenants? 2o. On what is the judgment in ejectment iinal? 26. Does the action of ejectment remedy tiie loss of mesne profits? 27. How are they to be recovered ? 28. In the action for mesne profits, of what authority is the judg- ment in ejectment? 29. How if tiie ejectment be brought against the tenant and action for trespass against the landlord? 30. By what time is the action for mesne profits barred ? 31. To what kind of proj)eity (h)es this action iniply V 32. What application of this remedy is made by Statute 4 (tec. II, to the case of landlord and tenant? 68 BLACKSTONE. Book JIT, Chapters XII, XIII, XIV, XVIL 1. What is trespass to real estate? 2. Must lands be inclosed in order to the commission of tres- pass? 3. What of passage by the public over uninclosed lands? 4. What possession is necessary and sufficient to sustain an action of trespass ? n. What is constructive possession? 6. How if the land be held adversely? 7. How far does actual possession extend ? 8. HoAV, if two parties are in possession, each claiming all, under deeds? 9. Is a right of entry sufficient to maintain trespass ? 10. Can tenants in common sue co-tenants in trespass ? 11. \\'hat amount of force is necessary to make trespass ? 12. What if animals stray on land ? 13. Wluit if one enter rightfully and afterwards commit some excess ? 14. What is the form of averment where the trespass continues from day to day ? 15. In what cases are entries, while yet forbidden by possessor, not trespasses ? 16. How if one enter a tavern and commit disorder? 17. Under the general issue can special authority be given in evidence ? 18. What is the defence oiliberum tcnementum f 19. Has intention anything to do with this wrong? 20. What is the remedy by action for nuisance? 21. What is necessary to enable the plaintiff to maintain the action? 22. Is defendant liable for continuance of the nuisance if on the land when he bought it? 23. What is contributory negligence, and what its effect on the right of action ? 69 24. What if the nuisance exists when one builds, e.g., a slaughter- house ? 25. What is waste ? 26. Has the tenant for life, in reversion or remainder, a right to sue for Avaste? 27. How, after a lease for years has expired ? 28. Was tenant liable, in the old action, for waste of a stranger? 29. What is a petition of right ? 30. What were the remedies of the Crown ? 31. What are the remedies of the State or United States in this country ? 32. In what cases are inquisitions used ? 33. What was the writ of quo warranto. 34. What was the judgment? 35. What is the modern form of proceeding ? BLACKSTONE. Book III, Chapters XVIII, XIX, XX, and XXI. 1. What was the original writ ? 2. What its form ? 3. What is the general nature of a writ? 4. What is a return ? 5. What were tiie two forms of original writs ? 6. What is testing ? 7. What are pledges of prosecution ? 8. Wiiat are return days? 9. What essoigns? , 10. What is the first ])roce3s? 11. Wiiat were judicial writs? 12. What is the difference between mesiicaiKl linnl process? 13. What followed the summons? 11. In case of fuicililc iiijuri(\s, what w:is the liist [Jiocess ? 15. After attachment what loll.. wed ? 70 16. What furtlier, in case of forcible wrongs ? 17. By what process did the capias become the first step in the proceedings ? IS. What was done if defendant was not found in the sherifi"'s county ? 19. What proceedings were necessary in order to proceed to out- hiwry against the defendant ? 20. How was the ca})ias to be executed ? 21. What came to be the practice ? 22. Who were privileged from arrest? 23. When could civil process be executed ? 24. What breaking could an officer do ? 25. Upon arrest, what must the prisoner do? 26. What power has his bail over him ? 27. Is the sheriflf bound to take bail, and what if he does not ? 28. What is defendant to do on return day of the writ ? 29. What if he fails to appear ? 30. What are the plaintiff's rights as to bail bonds? 31. What was bail to the action ? 32. What was justifying by bail ? 33. What rights had bail to the action for their own protection from loss ? 34. What will discharge bail ? 35. Could bail be required in an action for unliquidated damages ? 36. Or from executor, etc. ? 37. What are pleadings ? 38. What was their form anciently ? 39. What is the declaration ? 40. Wliat are counts ? 41. What was the relation between the original writ and the declaration ? 42. What the effect of variance between the original writ and the declaration ? 43. What are local and what transitory actions ? 44. What was the value of different counts? 45. What was meant Ijy the conclusion, " and therefore he brings suit?" 71 46. What if plaintiff tails to file his declaration in the time re- quired by the rules ? 47. \V' liat is a retraxit ? 48. What is a discontinuance? 49. What is making defence? 60. What is an imparlance? 51. Wliat steps could be taken between defence and plea ? 52. How many kinds of pleas are there? 53. What effect has death on actions for i>ersonal injuries? 54. How of actions on contract or for injuries to ])roperty ? 55. What was required to make a good plea in abatement ; a plea of non-joinder, for example? 56. What if the dilatory pleas were sustained ? 57. If overruled or demurred to, what? 58. What must be averred in the plea of tender? 59. What elfcct has payment into court? 60. Can the defendant plead inconsistent defences? 61. What is the general issue, and what are its forms in diH'erent actions ? 62. What may be shown under the general issue in assumpsit? 63. What, under 'Siow est factum f 64. What are pleas in bar? 65. \\^hat are examples? 60. What is the defence of limitations? 67. What does the Statute of James enact as to entries? 68. How do courts of equity act in reference to this statute ? 69. Does the statute apply to specialties? 70. What presumjjtions prevail as to Humu ? 71. What is the limitation as to personal actions? 72. What is tlie plea of est()]»])cl ? 73. What is the rule as to singleness ? 74. What, as to directness, certainty, etc. ? 75. What is a verification ? 76. What is confession and avoid.'ince? 77. Wli.-it a traverse? 78. W'h.'it are the names nf the ph-jis in lh use sevirnl \>\i:i^ extend ? 72 80. Illustrate the effect in case of suit on bond with condition? 81. WJiat is tending tlie issue, and what the form? 82. What is the departure in ])leading? 83. Wliat a new assignment, and give examples? 84. What was pleading with a protestation? 85. What is the rule as to pleading what amounts to the general issue ? 80. What is giving color ? 87. What is the similiter f SS. What a demurrer, general and special ? 89. What is a plea^iw's darrein continuance f BLACKSTONE. Book ITI, Chapters XXII and XXIII. 1. What is trial by record ? 2. How is the issue of nul tiel record tried ? 3. How in this country ? 4. What is provided by the Constitution of the United States as to records? 5. What has Congress enacted? 6. What is the effect of the judgment of one State in another? 7. What is trial by inspection? 8. How would the appointment of a public officer be tried in this country ? 9. What was wager of law, and in what cases was it allowed ? 10. What was trial by the grand assize? 11. What was the first step towards the jury trial ? 12. What came to be the practice in the summoning of juries? 13. How many jurors were summoned? 14. How many sat to try a cause, and how were they selected ? 1.5. What was a challenge to the array, and what the grounds of it? 16. What is a challenge to the polls? 17. What cire the grounds ? 73 18. What is a principal challenge, and wliat a challenge to the favor ? 19. How is the latter tried ? 20. What is a challenge " propter delidtim f " 21. What are talesmen ? 22. By whom are questions of law and fact, respectively, tried ? 23. Wiiat means the rule, that a fact must be proved by the best evidence ? 24. What is secondary evidence ? 25. What kind of apparently hearsay evidence is admitted ? 26. How is the attendance of a witness obtained ? 27. What is a subpcena duces tecum ? 28. What is the officer's return if the witness is not found? 29. What witnesses are incompetent to testify ? 30. What is a bill of exceptions ? 31. To what court did the writ of error and the bill of excep- tions go ? 32. What is a demurrer to evidence? 33. In what other way can mistakes of the court be corrected ? 34. How in this country ? 35. What was the ancient theory upon which jurors were selected ? 36. What is the present ? 37. Can jurors act upon the knowledge of one of their number? 38. What is the charge of the court? 39. In what ways may a verdict be rendered ? 40. On what grounds may it be set aside? 41. What is a special verdict? 42. What is a verdict subject to an agreed statement? 43. What were the defects in trial by jury, noticed by the com- mentator ? 74 B L A C K S T O N E. Book III, Chapters XXIV, XXV, and XXVI. 1. 'What is the poslcaf 2. What is clone with it? 3. What proceedings may intervene between verdict and judg- ment ? 4. Is the granting a new trial a matter of right or within the discretion of the court. 5. Does an appeal lie from the ruling of the court on it? 6. How must facts alleged as ground for new trial be brought before the court ? 7. What was formerly the remedy for an improper verdict? 8. What is arresting the judgment ? 9. What are the grounds for it? 10. What is the judgment on arresting the judgment ? 11. What is the difference between the case where the whole dec- laration is bad and the case where one of several counts is good, but the verdict general ? 12. What is a venire facias de novo ? 13. In what case is a defect cured by the verdict ? 14. What is a repleader, and when awarded ? 15. How many kinds of judgments are there? 16. What is an interlocutory, and what a final one ? 17. What is a judgment by default in a case of damages, and what further proceedings is then had ? 18. How of judgment on demurrer in a damage case? 19. Is a judgment for defendant ever interlocutory ? 20. What is the form of judgment for either party ? 21. What was defendant's recourse if dissatisfied with the judg- ment ? 22. How is relief given in this country in similar cases? 23. What is the office of the writ of error ? 24. What errors may be corrected by it? 75 25. What amendments may be made, and at what time under existing law ? 26. What amendments may be made after judgment? 27. Does the writ of error suspend or supersede execution on the judgment? 28. What is the proceeding with an inferior court? 29. What were the various writs of execution called in real ac- tions, ejectment, replevin, debt, trespass, or case? 30. What was the writ of capias ad satisfaciendum f 31. What was tlu- slierift^'s duty under it? 32. How if he allowed defendant td go at large? 33. In such case, could he retake him ? 34. How if the escape was involuntary ? 35. What was the effect of taking the defendant under this writ on the judgment 36. If the sheriff returned " non est inventus " to this writ, what was the plaintiffs remedy? 37. What was the form of proceeding against bail ? 38. What were the writs against the property ? 39. What was seized under the writ iA' Ji.fa. f BLACKSTONE. Book III, Ciiai-tku XXVIII. 1. What was the principal origin of ec^uity jurisprudence? 2. Is the court of equity less bound by statutes than the com- mon law courts? 3. What is the difference in their remedies in the case of a con- tract for the sale of land ? 4. How, in case of a contract procured by fraud? 5. What is meant l)y equity following the law? 6. How of tlie maxims: " Wluui eciuities are eipial, the law i)re- vails ;" " He who seeks ecpiity must do equity ;" " E(|uity delights in e(|iiality;" and " h'(|nily will lonsider that as done wliieli was agreed to be done. ' 76 7. Give examples of equity relief in case of accidental loss ? 8. In case of defective execution of power? 9. In whose favor is relief given in this case? 10. What difference between mistakes of fact and law? 11. Into what two classes do frauds distribute themselves? 12. What sort of misrepresentation or concealment will amount to fraud? 13. What is constructive fraud ? 14. What jurisdiction does a court of ecjuity exercise in matters of account, dower, and partition ? 15. How, as to specific performance of personal contracts? 16. Contracts for sale of land ? 17. When not in writing ? 18. Injunctions? 19. Mortgages? 20. What is the form of commencing a suit in equity? 21. How is answer enforced ? 23. How is testimony taken ? 23. What is an interlocutory, and what a final decree? 24. What are issues ? BLACKSTONE. Book IV, Chapters I to XIV. ) 1. What is a crime ? 2. What is essential to make a crime? 3. Who are incapable of crimes ? 4. At what age is a child doli capax f 6. Can an infant under fourteen be convicted of rape? 6. As accessory ? 7. In what cases will insane delusion be a defence, and in what not? 8. How, if the crime be not connected with the delusion ? 9. What effect has drunkenness on the party's responsibility ? 10. How does it affect the question of intent ? 77 11. How does mistake of law or fact affect the question of guilt? 12. In what case will compulsion excuse? 18. To what oflences does the rule apply? 14. Can a wife be convicted as accessory to husband? 15. Can husband and wife be convicted of conspiracy? 16. What are principals, and what accessories ? 17. In how many degrees may one be principal ? 18. What constitutes presence to make one a ju'incipal? 19. Will presence, without actual participation, make one a principal? 20. How can one be principal in another's suicide ? 21. What are seconds in a duel? 22. How if one be merely travelling to the place of action ? 23. In what cases of crime was there no distinction between principals and accessories? 24. To wliat extent is the accessory before the fact responsible for the principal's act ? 25. What acts make one accessory after the fact ? 26. Would concealment by wife make her accessory ? 27. Is a receiver of stolen goods an accessory ? 28. How far must the felony be complete to make one accessory ? 29. How was accessory to be punished' at common law? 30. On trial of an accessory, what weiglit has the record of the principal's conviction ? 31. Can one accpiitted as principal, be convicted as accessory? 32. Whatare thecommon law oflences againstthe law of nations? 33. What is piracy ? 34. What was petit treason at common law? 35. Wliat the principal high treason as defined hy statute? 36. Do words or intentions ever nmount to treason? 37. Wliat is treason against the United Sliites? 38. Is a conspirncy to levy war against the United States treason ? 39. What is adhering to the enemies, etc.? 40. How must treason be proved? ■1 1. \\'li;it were felonies? \'J.. \\'li;it are considered felonies in lliis country? l."'). What WAS pr.-ciiiunirc f 78 44. What misprisions? 45. What was barratry ? Maintenance? Champerty? 4fi. Wliat was perjury? 47. What will amount to it? 48. Under what circumstances must the oath be administered ? 49. In what kind of court ? 50. Must it be in a cause pending? 51. How material must the fact be? 52. What is subornation of perjury ? 53. What is an affray ? 54. What an unlawful assembly? 55. Rout? Riot? 56. What is necessary to make a riot? 57. How of persons j^resent at a riot and not aiding to suppress it? 58. How of a frolic carried on with alarming demonstrations ? 59. What is forcible entry and detainer? 60. What amounts to a forcible entry and what not? 61. What is libel? 62. How does the criminal differ from the civil law of libel ? 63. Is the truth a defence to an indictment? 64. What is scandnluin magnntum f 65. What are privileged communications? 66. Wluit are the functions of the jury in case of libel? 67. What is usury ? What is cheating? 68. What false pretences ? 69. Forestalling? Regrating? Engrossing? 70. What kind of false pretence is criminal ? 71. Is the representation of a future act, to be done? 72. A nuisance is what? BLACKSTONE. Book IV, Chapters XIV to XVIII. 1. How many kinds of homicide are there ? 2. What is justifiable? 79 3. What if a judge, without lawful commission, condemns to death, or an officer executes? 4. How if the place, time, or form of death is varied? 5. What justifies homicide by permission? 6. Will prevention of crimes not accompanied with force jus- tify homicide? 7. What is the difference between justification and excuse? 8. Excusable homicide is what? 9. What if a person be engaged in an unlawful act? 10. Or a dangerous act? 11. How of self-defence? 12. What is the difference between killing in self-defence and manslaughter? 13. What does the law require a party to do in case of deadly assault ? 14. How in a duel if one retreat and then kill? 15. In whose defence may one kill another ? 16. Can one kill in defence of his property from mere trespass ? 17. In case of excusable homicide what is the i)unishment? 18. What is manslaughter? 19. ^^'hat provocation will reduce homicide from murder to manslaughter? 20. How as to the proportion between the provocation and the resentment? 21. How if one find a mere trespasser on his lands and beat his brains out? 22. If words lead to a fight and one is killed in the heat of it, what is it? 23. How if the provocation was a mere excuse for gratifying an ohl enmity? 24. What arc cases of involuntary luMiislaiighter? 25. How does the character of the act being done affect the acci- dental killing? 2(). If A strikes B's horse so that he runs over and kills a child, what is it? 27. Il<»w of an aeeidcntnl lioiuicidc by one of several consijiring to commit felony ? 80 28. How if he turn aside to commit felony foreign to the com- mon purpose? 29. What of death resulting Ironi carelessness; e.g., throwing down a hrick from a house? 30. How of undue correction of child or apprentice ? 31. How of malpractice by a physician? 32. How is manslaughter treated as to punishment? 33. What is murder ? 34. Who are incapable of committing it? 35. Can an unborn child be murdered ? 36. What is the rule about the corpus delicti f 37. Within what time must death follow an injury to make it murder; why ? 38. What is the difference between malice expressed and im- plied ? 39. In what cases will malice be implied when the killing is upon sudden provocation ? 40. How if one attempts to kill one and accidentally kills another ? 41. How if a man drive recklessly into a crowd or let loose a ferocious beast, etc. ? 42. What was petit treason at common law? 43. What is mayhem ? 44. How far is intention necessary ? 45. What if one knock out a fore tooth accidentally in the heat of a fight ? 46. Can husband be guilty of rape upon his wife? Of being accessory to rape by another? 47. At what age could a female consent to carnal connection so that it would not be rape ? 48. What constitutes force ; and is it rape if submission is se- cured by threats of death ? 49. How if a woman is deceived into the belief that the man is her husband or that she is undergoing medical treatment ? 50. How if the woman be drugged ? 51. Can a prostitute be the subject of rape ? 81 52. Would her character be properly in evidence on an indict- ment for rape ? 53. How does intent to kill or ravish atl'ect t\w criminal char- acter of an assault ? 54. A\"hat was arson ? 55. How much burning is necessary' ? 56. Will negligent setting on fire amount to arson? 57. Will burning one's own house be arson ? 58. How if under lease ? 59. What kind of house is subject to arson ? 60. What is burglary ? 61. What house is the subject of it? 62. How with the room of a college student or boarder ? 63. How of a town-liouse of a corporation ? 64. What is a sufficient breaking? 65. Is entry through open door or window? 66. Is l)reaking a pane of glass and putting the hand in and stealing sonu-thing ? 67. Opening with a skeleton key ? 68. How if, being inside by stealth, the thief unlocks an inside door ? 69. How of entry by trick, lalse pretence, or show of authority, foHowcd U}) ])V a felonious attempt to rol>? 70. JIow of entry through conspiracy with a servant? 71. Would this ))e the burghiry by l)oth ? 72. Wliat must be the intent? 73. What is averred in the indictment for l)urglary? 74. What is larceny, simj)le ami comiK)Uiid ? 75. What are the essential elements? 76. What taking is necessary ? 77. In what cases may oJic, ah'rady in possession, lake felo- niously ? 78. On what principle? 79. How of a l)ale opened by a ( airier? 80. How of goods olitainiil liy iVand with iiitiiil tusleal? 81. How, if the original taking was innocent, and Ihe party ciianged his mind and detei'niined to convert? 82 82. Can a man steal his own goods, and when ? 83. Can a wife steal her husband's goods? SI. What kind of removal is sufficient to make a taking? 85. What intent is necessary ? 86. How, if a horse is taken and let loose ? 87. What is the subject of larceny ; are bonds, l)ills, etc.? 88. How as to ownership ? 89. Wliat is robbery ? 90. What amounts to putting in fear? 91. Is furtive taking and forcible holding robbery? 92. What is the punishment? 93. What is forgery ? 94. What uttering? BLACKSTONE. Book IV, Chapter XVIII to end. 1. What is a recognizance? 2. Wliat its object? ' 3. What was done with it on breach ? 4. How is it forfeited ? 5. How discharged ? 6. What courts have criminal jurisdiction? 7. What jurisdiction had the House of Peers and Court of the Lord High Steward ? 8. What corresponds with it in this country ? 9. What was the jurisdiction of the King's Bench and Courts of Nisi Prius? 10. How were ofiences inquired into in these courts? 11. What are summary proceedings? 12. What restraints are imposed on the inferior courts? 18. What must ap])ear in their proceedings? 14. In what case will writ of certiorari issue and at what stage of tlie proceedings below? 15. How are contempts dealt with ? 83 16. What are contempts ? 17. \Mio is to judge of the fact of contemj)!? 18. What is the limit to the judge's power? 19. Wliat is a warrant and by whom issued ? 20. On what evidence does a justice issue his warrant ? 21. What is its form? 22. How must the accused be described ? 23. \\'ill a warrant wholly illegal in form, justify an officer who arrests ? 24. How of a regular warrant ? 25. At what time and place may criminal warrants be executed ? 26. When may an officer arrest without warrant? 27. When the sherifi' or coroner? 28. How, if an officer arrest without warrant or information ? 29. What may be done by an officer in attempting to arrest a felon ? 30. When may a private person make an arrest? 31. Wiiat may he do in making the arrest? 32. What may a jirivate person do to prevent a Iclony ? 33. What is to be done on arrest? 34. How is the accused to ])e examined ? 35. In what cases is bail admitted ? 36. Wliat of excessive bail? 37. What is tlie commitment ? 38. What is an indictment, and what a [)rcs('iiiiiuiit ? 39. What effect had the inquest of a coroner's jury at connnon law ? 40. How in this countrv? 41. What is a grand jury? 42. What is their action V 43. What rules govern as to tlir I'nrm oftln' indirlmcnt ? 44. Wliat are informations? 45. What was an appeal ? 4('). Wiial was outlawry, and what tlio effect <>(' a iudgmtnt of outlawry ? 47. What is the arraignment? 84 48. Could tlio accessory be arraigned before the principal's con- viction? 49. When may he be tried? 50. What was standing mute, and what the consequence? 51. What are the general pleadings to indictments? 52. What judgment is given if a demurrer is overruled? 53. Can a motion in arrest be made? 54. What are the usual pleas in bar? 55. What is the effect of a former conviction or acquittal of the same offence? 56. What if the former proceedings resulted in a disagreement and discharge of the jury or the judgment was arrested? 57. What was the eff"ect of a former attainder for another off'ence ? 58. How is a pardon pleaded ? 59. If a special plea be found against the prisoner or had on demurrer, what then ? 60. What right of challenge had the prisoner? 61. How if he challenged more than 35? 62. In what cases are more than one witness necessary to convict? 63. Can the jury render a privy verdict as in civil cases? 64. May they render a special verdict? 65. How far will a court interfere with a verdict? 66. On conviction of larceny, what rights enured to the prose- cutor ? 67. At common law, what Avere his rights as to the stolen goods ? 68. What was the benefit of clergy? 69. What is the result of legislation on this subject? 70. Upon the verdict of guilty, what next in felonies and misde- meanors ? 71. Are errors cured by verdict as in civil cases ? 72. On what ground can the judgment be arrested? 73. What was the effect of judgment of death ? 74. What the diff'erence between mere conviction and attainder ? 75. What forfeiture resulted ? 76. How far back does it go? 77. How if a party die before judgment or is killed in open rebellion ? 85 78. What difference between the lands and the goods ? 79. ^\'as a writ of error necessary when a court had not juris- diction ? 80. What of execution in such cases? 81. How far was a purchaser from a prisoner bound by his con- viction ? 82. Reprieve and pardon are what ? 83. In what cases and by whom were prisoners reprieved ? 84. To what extent could the king pardon? 85. May the pardon be conditional ? 86. How soon must it be pleaded ? 87. What effect has attainder? 88. Do the time and place of tlie execution form part of tlie judgment? 89. Could the punishment prescribed be changed ? PARSONS ON CONTRACTS. JOINT CONTRACTS. Book I, Chapters 1, 2. 1. What is a contract ? 2. An obligation ? 3. A parol contract? 4. What is a joint contract ? 5. What a joint and several ? 0. Can a contract be joint and severfil as to the obligees ? 7. What is the difference between Ihc righls and liabilities under a joint contract ? 8. Can a jiarty treat the contract as joint in reference to some but not all of the promisors ? 9. How must he sue on joint antl scvrrnl contracts? in. WIhic two promise, is it pn^sunird jdinl or sc^vcral ? II. What lias the (question of iiilciiist in llic sulijicl to do with the construction ? 86 12. Wliere, on lease by several tenants in common, tenants covenanted to pay separate rents to each, was it held joint to the lessors, or several? i:\. How if the several interests of the promisees grow out of the contract itself and did not exist before? 14. How of a promise to several to pay an annuity to one? 15. If that one died, what? 1(). If tlic i)romise is to pay to several, is it several, because their respective interests are designated? 17. How of covenants implied by law, as on a lease by several tenants in common ? 18. If several loan money in separate sums to one, how is his promise construed in case of doubt? 1 9. If a gross sum made up by subscriptions be loaned by several, how? 20. Can a purely joint contract be severed by consent? 21. How does a release by one of several joint oblig-ees affect the joint debt? 22. How of a release by creditors to one of several joint debtors ? 28. How of a release to one of several joint and several debtors ? 24. If a formal release under seal be given to one of several debtors, and the other promises to remain bound, what effect has it? 25. What is the difference between a release and a covenant not to sue? 26. What between a general covenant not to sue a single debtor and one not to sue one of several debtors ? 27. What is the effect of a release to one with reservation of .right to sue the other? 28. How is releasor to sue the others in such case? 29. What is the effect of a discharge in bankruptcy of one of several, as a release ? 30. How, if procured at the creditor's instance ? 31. What of an accord and satisfaction with one, and how far must it go? 32. How of a release, in this respect ? 87 33. What was the effect of death of one of several joint obligors ? 34. Of all except one ? 35. Is there any right of action against the executors of the deceased ? 36. Has the survivor any right of contril)ution against the de- ceased's estate ? 37. How, if survivor was surety and deceased principal? 38. What is the effect of death where the contract is joint and several ? 39. How of death of one of several obligees ? 40. How of distribution after recovery ? 41. What is the creditor's remedy against joint debtors after judgment? 42. What against joint and several debtors ? 43. What is the effect of judgment on a joint note? 44. How on a joint and several note? 4."). What is the best way to sue on a joint and several note? 40. How are the expressed and implied obligations of joint trustees, executors, etc., treated? 47. What rights has one of several debtors compelled to pay the whole? 48. Is there any difference whotlior the co-contractors are prin- ci])als or sureties? 49. Must the ])ayment be compulsory to entitle to an action for contril)ution? o(J. W one of several sureties dies, can the survivor who pays the debt, even in equity, compel contribution ? 51. What contribution can be required at law? 52. In equity? 53. What of collaterals tliat one surety may have? 54. Is the obligation of several sureties to contribute to one who has paid in full, j(jint or several ? 55. What effect would a release to one Iiave on the obligation of the others ? 50. Fnjm what time does this obligation of (•()ntributi(tn date ? 57. If one surety is discharged as to the ercdilor. docs that dis- charge the contract of contribution? 88 58. Is there uii}' duly of contribution in case of successive in- dorsers ? 59. IIow if tliey are all accommodation parties? 60. Can one of joint makers of a note revive a debt barred by limitations? 61. J low of joint anil several makers? 62. AVHiat is the contract of partnership, joint or joint and several? PARSONS ON CONTRACTS. AGENCY. Book I, Chapters 3, 4. 1. Who are capable of appointing agents, and who incapable ? 2. Who may act as agents ? o. Can one be agent and principal also ? 4. Can one discharge duties which involve personal trust by another? 5. Can an agent act by an agent ? 6. What exceptions ? 7. What is the difference between general and special agent? 8. Of what importance is the distinction ? 9. How far is a third person dealing with the agent affected by private instructions ? 10. What is an attorney in fact ? 11. How can an agent be authorized to execute sealed instru- ments ? 12. How to execute simple contracts ? 13. How, if they are within the Statute of Frauds ? 14. What effect has a ratification of agent's acts? 15. How if he make a contract within the Statute of Frauds? 16. Can a deed, made in the principal's name, be ratified by parol ? 17. How, if the agent acts in his own name, can his acts be made those of nnotlicr bv ratification? 89 18. What excepti(ins are there to the effect of a ratification? Examples. 19. What as to tenants? 20. Commercial paper? 21. Conversion from demand and refusal? 22. Can the principal ratify s6 as to acquire rights? 23. How if he ratify an insurance after loss? 24. In what cases can a contract h}' deed be ratified by parol ? 25. Can principal ratify sub-agent's acts? 26. Can agent do so ? 27. What is the effect of ratification ? 28. How must agent execute a deed for his principal? 29. How if he signs his own name with a seal ? 30. What the effect of so executing a lease in the principal's name ? 31. How as to informal contracts by parol? 32. If no principal is named, is the agent bound when the prin- cipal is discovered? 33. Is the latter? 34. How can he be sued on a written contract if not named? 3o. Does an authorit}' to collect (lol)ts include an authority to submit to arbitration ? 3G. Can one autliorized to sell, sell on credit? 37. Can an agent pledge his jn-incipal's goods? 38. Can an agent, supplied with acceptances in blank, bind his princi])al Ijy a transfer of them? 39. When a contrac-t is made liy an agent, who can sue on it, as to deeds and other written instruments? 40. Can a princip:d sue on a contract to which he is not a party ? 41. Wliat exceptions are there? 42. ilow ill ordinary ver])al transactions, as sales or purchases by ail agent V 43. How if the agent, meanwiiih.', has settled with the j)rincipal or a third person? 44. Can tlu; princijtal cnl out tlie agent's lien on thedelit forliis coirimission ? 4-3. Or defeat any set-oil' between the agent .nul tiie third person? 90 46. In what eases is the agent liable to third persona on a con- traet ? 47. How if in the instrument unauthorized there are no words to charge him ? 48. If it is a deed in name of the principal ? 49. llow if there is no responsible principal? 5U. How of agents for voluntary associations, clubs, etc.? 51. What has the fact of giving exclusive credit to one or the other to do Avith it? 52. What is the rule as to revocation of agency ? 53. What effect has death ? 54. What notice is necessary to third persons? 55. How, when an agency is partly executed ? 56. How, of an authority coupled with an interest? 57. How if given for value? 58. What kind of interest must it be? 59. In case of value given for it, what is the difference between revocation by act of law and by act of party ? 60. What is the effect of an agent's death ? 61. For what acts of the agent is the principal responsible? 62. How does notice to the agent affect the principal ? 63. Can an agent set up a stranger's title ? 64. Can he buy his principal's property ? 65. How, if he mixes his principal's property with his own ? 66. What difference is therebetween public and private agents ? 67. What, between factors and brokers? 68. What is a del credere agent ? 69. Is the agent principal debtor or merely guarantor ? 70. What can the factor do with his principal's goods ? 71. What rights has he as against his principal ? 72. Has a broker any lien? 73. Can either be agent of both parties ? 91 PARSONS ON CONTRACTS. Book I, Chapter 12. 1. What is a partnership ? 2. What is the difference between partnership inter sese and as to third persons ? 3. In what may the partnership exist ? 4. Is there a partnership in real estate at common law? 5. Where one partner dies, is his interest in the real estate of the firm to be considered real or personal as to his heirs or widow? 6. What is the good-will of a partnership ? 7. How far will the courts recognize it ? 8. How of a professional partnership ? 9. Can the membership of a partnership be changed without the consent of all? 10. What is the ellect of an assignment, by one, of all his interest? 11. How of an assignment, by all, lor the benefit of creditoi'B ; do the assignees become partners? 12. Will an action lie on an agreement to become partners? 13. Will a Court of Equity specifically enforce it? 14. Wiiere for a term certain? 15. WMiat effect has a sharing of profits only between parties iiUer sese ? 16. How if a part of the profits are set aside to pay creditors, do the latter become partners ? 17. How if two firms, engaged in distinct trades, agree to divide losses and profits? 18 What is the effect of sharing profits only ? 19. What of a loan to a firm for interest and a siiare in the profits? 20. In what case will a sharing of profits not make one partner as tn tliii'l persons? 21. Df)eH joint ownership rnaktions to stock, is there mutuality ? 27. How if expenses are incurred on tlie faith of the subscrip- tions ? 28. How of subscriptions under seal? 29. How if one of several considerations is frivolous or is in- sufficient, as in consideration of the forbearance of a good debt and a bad one ? 30. How if part of the consideration is illegal? 31. How if the consideration is good but part of the promises illegal ? 32. How if there is a legal promise on one side and on the other several, of wliich one is illegal? 33. What of an iiiipossiblc consideration? 34. What kind of impossibility must it bo? 35. How of a promise to do what is beyond the pecuniary means only of the jjromisor? 36. How if the consideration wiis [)ossil)U' at the time the con- tract was made, but became im})ossible afterwards? 37. W'hat is a failure of consideration? 38. What is the effect of a total faihirc? 30. Wliat is the effect of a i)artial failure? 40. When divisible? When not? 41. IFow take advantage of a partial failiirr in the latter case? 96 42. How if the work is so defective as to be useless to the party retaining it? 43. If not useless but short of ihv contract?' 44. How of partial failure as to promissory notes? 45. How if the money has been paid, and the consideration fails afterwards ? 46. If the i)romise to pay one person on consideration received from another, who can sue ? 47. How as to money simply paid to one for another ? 48. How if the agreement is in writing or under seal ? 49. If money is loaned to another and I afterwards guarantee its repayment, is the consideration sufhcient to sustain my promise ? 50. How if loaned at my request? 51. In what cases will a previous request be implied by law ? 52. How if I voluntarily pay a judgment against another and lie afterwards promises to repay me? 53. How if I retain the consideration ? 54. How if one send me household supplies which I consume and promise to pay for? 55. How if a man repairs my house in my absence ? 56. What kind of assent is necessary to complete a contract? 57. How if a proposition is accepted with conditions ? 58. How if assent is called for in a certain form, as in writing, and given otherwise? 59. How if one gives a letter of credit guaranteeing advances on certain terms, will it cover any made on dilferent terms? 60. How long can an offer be withdrawn ? 61. What is an auction sale in regard to ofi'er and acceptance ? 62. How soon must an offer be accepted ordinarily ? 63. How of giving one the refusal of property ? 64. How if a ])erson paid for it? 65. Where an offer is made by mail, when is its acceptance com- plete ? 66. Up to Avhat time and how may it be recalled ? 67. Is silence acceptance? 97 PARSONS ON CONTRACTS. Book 111, Chapters 2 and 8, to Sec. 7 inclusive. 1. What is the nature of an auction sale? 2. \Miat bearing have printed terms and conditions on it? o. What is the eflect of errors of description? 4. How of a conditio'n that this shall not afl'ect tlic sale, l)ut that allowances shall be made ? 5. If there is no such condition, can the seller insist on the sale with allowances for nraterial errors ? B. If lots are sold at a distinct price for each, liow does failure of title as to some affect the sale? 7. How if a gross price is paid for the wlioli^? 8. How is a sale affected by tlie em})loyment of [•uffers or by- bidders? 9. How of reserving a bid to prevent sacrifice? 10. How if the sale is announced to ])»> witlimit reserve? 11. Whose agent is the auctioneer? 12. As to signing the memorandum of sale? 13. After sale }>roperly noted, can he interfere witli it, release either party, etc.? 14. When does he become personally responsible? 15. Can he purchase, himself? 16. If the vendor cannot make a good title what can the buyer do? 17. How if purchaser has given notes and I'eceived no deed and the title cannot be made? 18. At wiiat time must the vendoi' li;ive a good title? 1!>. If a pui'ei laser does not deiii;iiid a good t it le and I'eseind ;uiil the seller sues for price, what must lie show :is to litU'? 20. How is time regarded in etjuity? 21. If the tith^ turns out del'ective, what as |o |piii(liaser's deposit with the auctioneer? 22. Can he sue lV)r damages for loss of Ins liaiuain/ 2.'>. What is an excepti(Ui to this rule '•■' 7 98 24. If the title turns out bad after the deed has passed what re- (h'css has the purchaser? 25. U he is sued on notes given, wliat? 20. What must plaintiff do l)efore suing on a contract for sale of real estate ? 27. What is a sale of a chattel ? 28. When does the title pass ? 29. How if the price be not paid immediately, or payment is waived ? 30.' When does the right of possession pass ? 31. What title must one have to make a sale ? 32. What difference is there between selling goods stolen and those acquired through a fraudulent contract ? 33. Can one sell what is not yet in existence? 34. What would such a contract be ? 35. How, of a contract to deliver articles yet to be manufactured ? 36. What is potential existence? 37. If one contracts to sell what does not exist, and afterwards acquires it, does title pass without a new sale ? 38. Does a contract to manufacture goods pass title when they are manufactured? 39. How, if the subject of sale is partially destroyed? 40. How, in case of specific articles of which some are totally lost? 41. How in case all are partially destroyed? 42. What certainty is requisite as to price ? 43. What is a waiver of seller's lien for price? 44. How if the article remain in ]30Ssession until the note ma- tures ? 45. At whose risk are the goods when the sale is complete but the price not jjaid ? 46. When is the sale complete so as to pass the title? 47. How if one buys so many bushels yet to be measured ? 48. How if several own in common, can one transfer so many bushels by order on the warehouseman, accepted, without being measured off? 99 49. If articles being manufactured are lost, who bears the loss ? 50. Is there any difference if the delay is the buyer's fault ? 51. If part payment is made in advance? 52. How if the quantity of goods to l)e taken is yet to be ascer- tained ? 53. How if the price is only to be ascertained by measurement at a certain rate per foot, but the property is identified? 54. What effect as to third persons has the retaining possession by the vendor? 55. How may delivery be made? 56: How of symbolical delivery ? 57. How if the property is left on the seller's premises, but to be under the control of the buyer? 58. Where must the seller deliver? 59. If seller assumes to deliver elsewhere than at home, at what time must it be ? 60. If the seller fails to deliver according to agreement, wlio is responsible for the goods? 61. How if the buyer refuse to receive them ? 62. If buyer refuses compliance with the conditions of sale and seller sues for the price, what must and can lie do witli the goods ? 63. What is the effect of the sale in such a case ? 64. If goods are sold on credit and 1)uyer Ijccomcs insolvent before delivery, what is the seller's riglit? 65. Where must a note payable in goods be paid? 66. What is the difference between tender of money and goods in payment? 67. What of conditional sales as to ])assing of lillc, ;md wlint is the seller's remedy for non-payment ? 68. How if goods arc sold wilh opiioii of returning williiii a certain time? <■)!(. What is the practice ol brokers as to nieinor.nida of sale? 7'). Wliich is the real contract, the broker's book or the bought and sold notes? 71. How, if there are no notes ? 7'2. How if one note; dilVers from the I k nud I be otJier not ? 100 73. How if the subject-matter is differently described in the two nott'S, even by mistake? 74. W'luit is sulHcient evidence in an action on such a sale? 75. Can parol evidence be received to add to them ? 76. What if the broker does not disclose his principal ? 77. Can he sign for either party after sale is made ? 78. Can a factor pass bought and sold notes ? PARSONS ON CONTEACTS. Chapters 4, 5 and 6. ■•> 1. What is a sale " to arrive ?" 2. Is such a sale a mere agreement to sell or an executed sale ? 3. How if the sale is by a bill of lading ? 4. Is such a sale a warranty that the vessel will arrive ? 5. Or is it a sale on condition that it shall arrive ? 6. Does it ordinarily pass property in any specific chattel? 7. Is it a warranty that the goods will arrive if the vessel does ? 8. If the vessel and goods arrive but consigned to another, is the seller still bound ? 9. How of a sale of goods at sea ? 10. How of a sale of goods to arrive before a day certain? 11. How of a sale of goods to be shipped on a certain vessel ? 12. How does a sale "to arrive" differ from a sale of goods at sea, with delivery of bill of lading, etc. ? 13. How if the goods are destroyed or sold ? 14. What difference is there between a mortgage of chattels and realty ? 15. Can a mortgage be made to cover future-acquired property ? 16. HoAV as to mortgage of a stock of goods retained and re- tailed by the mortgagor ? 17. What is the effect generally of retention of possession by mortgagor? 18. What implied warranty is there on a sale of chattels? 19. How does the want of possession affect it? 101 20. How as to quality ? 21. What amounts to warranty, though not such in form? 22. In what excepted cases is there implied warranty ? 23. How when purchaser has no opportunity to inspect the goods ? 24. How when manufactured goods are ordered for a particular })urpose? 25. How if the object of tlif }iurchase is known, but the thing is not expressly ordered for that? 26. What warranty is there on a sale by sample? 27. What if there is a secret defect in the sample ? 28. How as to sales of household provisions ? 29. Does an express warranty extend to jKitent defects ? 30. How as to soundness, when delivered in future? 31. What is the remedy if goods warranted be accepted and afterwards are discovered to be defective ? 32. Must the buyer return goods before suing on the warranty ? 33. !May he return them and sue for their price ? 34. How if i)art have been sold? 35. How if the seller refuse to receive back the goods? 36. In an action for the price, may the breach of warranty be shown? 37. What would the damages be if the goods are returned? 38. Wiiat, if not returned? 39. Is there any warranty on judicial sales? 40. Wliat is the right of stoppage in transitu? 41. What amounts to insolvency in the sense of this lulc? 42. Docs the mere insolvency in itself arrest the goods and de- stroy the buyer's right to them ? 43. Is an actual seizun; necessary? 44. What kind ofnoliec will sullice? 45. When must the insolvency take place to justify tiiestojipage? 46. Is this right a mere extension ol" the srllcr's lien, or is it a, riglit of rescission ? 47. Can a l)aihMi having a mere li>oliite property? 34. How can plcflgee of p.ipi-r transfer it? 35. How is ill"' phne act as carrier and warehouseman, when does one character end and tiie other begin ? 35. When goods arrive at the end of the route and are held for dcliv«'ry, what is he, and what his responsibility? 36. When goods are received to be forwarded, how? 37. If goods in a ])ailee'K hands :irr clainicd by a stranger, wiiat must he do? 38. What is tin- obligation of an innkeeper? 39. Wiiat is an inn U^\• this purpose? 40. What will cxrnipt an innl<«i|Hr finin icsponsihilit y for his guest's goods ? 108 41. How soon does the liability begin ? 42. Who are travellers in the sense of the law ? 43. How of boarders? 44. If one sends his goods alone, how ? Or leaves them ? 45. What lien has the innkeeper ? , 4G. How of a horse sent to livery ? 47. If the livery man is also an innkeeper ? 48. How of another's goods held by the guest ? 49. What is a carrier? 50. Wliat is a common carrier? 51. Wliat is his responsibility, and what its origin? 52. What is the act of God? 53. How as to inherent faults in the articles carried ? 54. How if carrier's negligence contributes to the accident? 55. What are the public enemies meant by this rule ? 56. What is the responsibility of carriers of passengers ? 57. When is a ship a common carrier ? 58. When the railroad is in the hands of a receiver is the com- pany liable as a common carrier? 59. What are a carrier's duties as to receipt of freights and rights as to his pay ? 60. What discriminations can he make? 61. Sum up his liabilities? 62. If goods are shipped C. 0. D. is the carrier bound to collect? PARSONS ON CONTRACTS. Book III, Chapter 11, Secs. 7 to 16, inclusive, and end. 1. When does the carrier's liability begin ? 2. Where must the delivery be made to bind the carrier? 3. What notice must be given ? 4. How if goods be delivered to a carrier to be kept till further order? 5. If a ship be chartered to carry for the public, who is the car- rier, the owner or charterer ? 109 6. When does the carrier's liability end ? 7. That of a railroad company? S. What is the liability when goods are kept in the depot? 9. How if goods l)e delivered to the wrong person? 10. Does the carrier insure delivery at a certain time ? 11. How if he contracts expressly? 12. If a carrier receive goods directed beyond his route, does this bind him to deliver beyond ? 13. What is the carrier's liability if the i)assenger keeps charge of his property? 14. For what property of a passenger is a carrier bound ? 15. How does the owner's improper interference with the de- livery of the goods affect the carrier's resijonsibility ? 16. How if they are thrown overboard to save the ship? 17. How if the carrier pay for the goods lost, is he entitled to his I'reight? 18. If one without title to goods ships them c)n the railroad, is the carrier entitled to his freight as against the owner ? 19. How if they are carried where the owner wishes them car- ried ? 20. Wiiat if consignee refuses to receive? 21. Where several carriers unite their routes and share profits, what is their lial)ility? 22. How in case of through lines without division of losses and expenses ? 2'4. In case of connecting lines, who can l)e sued by shij)i)er in case of loss in Englaiui. iiud how in ihis country? 21. If one (omjiany aUows anotiiers trains to run over its roads, is it liahl(! for k>sscs on the trains? 25. Wiiat is the carriers obligation to a passenger? 2fi. Does a free pass make any diflerence in the lial)ility of the carrier? 27. How if expressed to l»c on comlition of non-hal)ility for ne- glect of agents? 2S. Where is tlif Imrden of ))roof, in case of injury to a i)aB- senger ? 2'.). How as to a stranger ;inil intnitlci? 110 30. What is the effect of the passenger's own neglect contributing to his injury ? 31. Must infants and adults exercise the same care ? 3'J. What is the general rule as to degree of care on the part of a railroad company ? 33. What its responsibility for torts committed by its agents and officers ? 34. What must a passenger do ? 35. If he is expelled for not paying fare, must he be admitted again if he tenders it? 36. What must the company do as to disorderly or offensive persons ? 37. Is a railroad company liable for injuries to property from sparks, etc. ? 38. What if a passenger leave a car while in motion and is in- jured, can he recover ? 39. What is the carrier's liability as to the passenger's baggage? 40. How if a trunk is sent on and not carried with the pas- senger? 41. Can a carrier modify his common law liability by special agreement? 42. In what particular cases? 43. How of a mere notice that he will not be liable, etc. ? 44. How as to liability beyond the carrier's route ? 45. Can the carrier confine his business to any particular kind of freight? 46. How far is a carrier bound by his advertised times of de- parting and arriving ? 47. Can he by contract exempt himself from the consequences of his own negligence ? 48. Can he discriminate between ticket and car-fares ? 49. How if the office be closed and the passenger is unable to procure a ticket ? 50. Is carrier responsible to a servant for injuries from neglect of another servant? 51. What is the limit to the rule to which courts incline? 52. Are city railway companies common carriers? Ill PARSONS ON CONTRACTS. Book III, Chapter 12. 1. How far is a telegraph company a common carrier? 2. Is it an insurer ? 3. What is its duty as to equipment, accuracy and promptness, priority, secrecy? 4. Are these messages confidential communications? 5. What is its duty as to delivery? 6. With whom is its contract? 7. May they limit their liability for negligence ? 8. If the sender is agent of the receiver is the contract held to be with the latter? 9. What action can the receiver maintain? 10. Are contracts comi)leted by telegraph of accei)tance as in case of letters ? 11. Is one bound to give notice by telegraph? 12. Do telegrams make up a memorandum under the Statute of Frauds ? 13. What is the measure of damages in case of mistake, as when goods meanwhile rise in price? PARSONS ON CONTRACTS. Book III, Chapter 13, Secs. 1 to 6 inclusive. 1. Wliat is a jiatent? 2. How docs it ilill'ti' iVoiii ;i iiioiinpoly ? 3. To whom may patents be issued umlir the act of 1870? 4. What originality of invention is necessary on tlic part of the appliciint? 5. How if the appbciiiit has :i(hii»t('d suggestions, ;is to dctnils from others? (1. Wliat if tlie invention has been j)atented abroad? 112 7. What if the inventor has abandoned the invention, and what amounts to an abandonment? 8. What is a caveat and its en'ect? 9. What is the lirst requisite of an invention to entitle its author to a patent? 10. What of the application of old inventions to new uses? Ex- amples. 11. Wliat if the jiatent embraces something that is not original and something that is? 12. Wliat are reissues, and under what circumstances are they allowed ? 13. What is a disclaimer ? 14. What is the next requirement besides novelty V 15. Is it necessar}'^ that it shall have required thought and inven- tion ? 16. What amount of novelty will suffice if a useful result is pro- duced ? Examples. Substitution of one kind of coal for another ? 17. Suppose no change of result has followed ? 18. How of change of form of machinery? 19. How of new combinations of existing machinery ? 20. How of improvements in mere ornaments which will make them sell better? 21. Is a product patentable as well as the machine producing it? 22. What signification is given to the term manufacture in Eng- land ? 23. What is meant by a process f 24. Wliat was Watt's invention for saving fuel by preventing the escape of heat from boilers ? 25. What Neilson's improvement by using hot air in a blast- furnace ? 26. Is a process patentable, eo nomine, in this country ? 27. Under what terms within the act of Congress is it embraced? 28. Is an abstract principle — a law of ])hysics — a function of matter jjaten table ? 29. How does it become patentable? 113 30. How do ours and the English courts differ in their views on this subject? 31. What was held about Prof. Morse's discovery ? 32. Can known machinery be used in theapplicationof a newly discovered law, and a patent be had for the process? 33. What is the difference between a machine and a process ? 34. The arts of tanning, dyeing, applying caoutchouc, etc., are what? 35. If various machines are used for producing a result, what is the subject of a patent? 36. What is meant by a double use ? 37. Will a new process producing better results, which consists merely in omitting materials used before, l)e patentable? 38. What is embraced by the terms new and useful art? 39. What is a machine? 40. Does machine include a combination of old machines ? 41. Is a mere improvement in an existing machine patentable ? 42. What right has the patentee of the imi)rovement? 43. What does the term manufacture embrace? 44. When is a tool a manufacture, and when a machine? 45. What is a comjiosition ? 46. What is the rule as to unity of invention in :i [.ntent? 47. How if a combination and also thcseveral nuichines making it are embraced within the same patent? 48. How if several improvements in a luacliiiir ;irc cnibru'cd within the same patent? 49. How about patents to several persons? « 50. Can an inventor join another in one patent with liimscir? 51. What is the first step to be taken by an applicant? 52. What must he state in his jxtition ? 53. What is the specification,:! lid wlmt rdnlion li:is il (olhr let- ters-patent? 54. What if there is a })lain repugnance between llic |.;iltiif and the specification? 55. What are (piestions for the <',oin-t and what lor tlu> jury in a. ])atent cause ? 56. W'hat are the objects of tin' sjxciliration ? 8 114 57. Wluvt is the object of letting the public know what is claimed ? 58. WliJit if it embraces something old? 59. What i)articularity is needed as to substance used, etc.? 60. What is the etlect of imneceesary details and ingredients being stated? 61 . How if he really uses cheaper materials than those described ? 62. How if the claim be for a mere principle ? 63. If the process or machine is described, how far will the patent include variations? 64. What amount of clearness is necessary in so describing the invention as to enable others to use it? 65. Is it sufficient to make it comprehensible to the mostscientific only ? 66. Must it be so to all the world or only those versed in the art? 67. How if it cannot be used without having to exercise further invention? 68. How'if any, however slight, omission is made? 69. What remedy is there for accidental vagueness, excess, or deficiency of description ? 70. How is the right to recover in a suit for infringement affected by the excess in specification ? PARSONS ON CONTRACTS. Chapter XIII, Sec. 7 to the end, 1. What assignment of patents may be made? 2. Can the invention be sold before the patent? 3. W^ho must make application in such case? 4. Can the assignment be conditional? 5. What assignments have to be recorded ? 6. W' hat of licenses? 7. What rights has an assignee of a fractional interest? 8. What the grantee of a fractional interest? 9. Does a license give any exclusive right ? 115 10. Can a licensee, to use a machine, practice the invention be- yond the use of the machine? 11. AVhat is the test whether an instrument is an assignment or license? 12. What becomes of the patent in case of bankrui)tcy ? 13. Does an assignment imply a warrant of the validity of the patent ? 14. Does the assignee become a partner of the assignor by assign- ment ? 15. What are the rights of the assignee of a fractional interest? 16. How if he undersells the assignor ? 17. What are assignee's rights in case of renewal upon surrender and reissue ? 18. How as to extension after the expiration of the original term ? 19. How if assignee is in the use of a patented niacliine when the patent expires ? 20. Can he keep it in repair? 21. Can assignee again assign ? 22. Can licensee assign ? 23. Can he divide or apportion his license among several ? 24. If a sum of money be payal)le (ov a license, can payment be refused because of the invalidity of the patent? 25. How if payments have been made? 26. How of periodical payments of which some have been made ? 27. Where there is a sectional grant, what can be done with manufactured articles? 28. What are the rights of a purchaser of a patented machine or article ? Can he r<>pnir it ? 29. How of the right to manufacture a patcnlcd niachiue ? 30. Is the purchaser of jiroducts of a patented machine from a known infringer an infringer himself? 31. Who is to be sued in such case? 32. Can the grantee sue in his own name? 33. Who sues for tint exclusive licensee? 34. Who must sue for infringement, when' rractioii.il iiih-rosts are assigned ? 116 35. Can one asyijj;n, with right to assigncx! to sue in his own name, the right to use the patent for certain kinds of manufacture ? 36. At wliat time must a person be interested to have a right of action under the law ? 37. What must be averred in the declaration in an action for infringement? 38. What is an interference, and in what cases does it arise ? 39. What remedy by suit is provided for such cases? 40. What riglits does the patent give to the inventor? 41. What amounts to an infringement? 42. What is necessary to make a case of infringement ? 43. If the patent is for a combination of machines, will the omis- sion of any one be an infringement in the use of the others? 44. Could the plaintiff show that to be useless ? 45. If the patent is for a machine, to what does the patent ex- tend ? 46. Is making for experiment only, or amusement, an infringe- ment ? 47. Is the mechanic who makes a part of a machine, or the mer- chant who sells the materials, the infringer ? 48. If the sheriff sells a machine as the property of patentee or assignee, does the right to use it pass to the buyer ? 49. Is the officer or buyer guilty of infringement? 50. Is hiring a machine to another to be used by him an infringe- ment ? 51. Is Inlying goods in good faith from one wrongfully using a patented machine ? 52. Is selling the product of a patented machine an infringement if the seller has no interest in the machine? 53. Wliat does a patent for a composition of matter cover ? 54. Is one who buys and consumes a patented prod/act an in- fringer? 55. What is meant by mechanical equivalents? 56. Sujipose the mechanical equivalent, however, makes an im- provement ? 117 57. If the patent is for a manufacture, is it an infringement to make it by a new process? 58. What is understood by the f)rinciple of an invention ? 59. How does this differ from a principle in nature? 60. If the proportions of materials are described as necessary in the specification, is it any infringement to use them in different proportions ? 61. If there is a single patent for several improvements, is the use of any one of them an infringement? 62. Is a suit for infringement defeated by showing the mere in- utility of part of the invention ? 63. Is an invention infringed upon by its use before the patent issues ? 64. How of such use after surrender and renewal ? 65. Is notice of renewal in such case necessary ? 66. What defences are allowed by statute? 67. What others can be made? 68. On whom is the burden as to the defence of deception, etc. ? 69. What kind of previous printed i)ublication describing the invention will suffice to defeat recovery? 70. What is proof of abandonment to the pu])lic ? 71. What kind of communication to others will or will not be? 72. What is the remedy in equity against infringers? 73. On what grounds does equity interfere ? 74; What must the bill allege in addition to what a declaration at law must? 75. Will injunction issue before actual infringement? 76. Is notice recjuired ? 77. What is tlie usual proceeding when the jiatent is new or the right d()ul>tful ? 78. What other practice prevails besides enjoining, where that would irreparably injure the party? 79. What is the final relief? 80. Why must plaintiff ask the interlocutory injimctions? 81. What of profits? H'2. Will d(!f<'nd:i.n1 be chargeiiblc with |in»lits be iiiiLdil have made with diir tiiligence? 118 83. In ciise of assignment of the whole interest for royalty, and lU-fault of payment, what is the remedy? 84. How in case of license and periodical payments? 85. \\'ill the use of an article patented in this country, but law- fully acquired abroad, be enjoined ? 86. What would be the measure of damages in an infringement suit? 87. What may the court do ? 88. What is tlie remedy in interference cases? PARSONS ON CONTRACTS. Book III, Chapters 14 and 15. 1. Who is entitled to take a copyright? 2. For what term of years? 3. What formality is required ? 4. Do any letters patent issue ? 5. How do they differ from patents as to renewal ? 6. What will defeat a copyright? 7. Is the delivery of a lecture such a publication as will? 8. How of the printing alone of books ? 9. How of the representation of a play ? 10- What could the hearers do without infringement? 11. What does a copyright cover — the author's ideas or their expression ? 12. Are newspapers, labels, price-currents covered by the term book f 13. What amount of invention or novelty is required? 14. Is a selection and arrangement of the materials sufficient? 15. In whom resides the right to copyright letters ? 1(3. How of works immoral or irreligious? 17. What of law reports? 18. What right of assignment has the author ? 19. How before or after copyrighting? 119 20. What is tlie effect of an assignment ? 21. ^\'hat if one gratuitoush' furnishes comments and notes to the owner of a copyrighted book, can he afterwards copy- right them ? 22. If one is employed by a manager to write a play for his theatre, may the author copyright it ? 23. Does a general assignment carry this right to the extension also? 24. What is an infringement of a copyright? 25. What is the penalty of infringement? 26. What is necessary to make an infringement ? 27. How of reviews and criticisms ? 28. How if the pirated material is only part of a new work ? 29. Will the })ublication of the whole be enjoined? 30. Is a translation of a book into a foreign language an in- fringement ? 31. How if translated back again ? 32. How of compilations ? 33. What would be an infringement in such case? 34. What of abridgments ? 35. What abridgment would be an infringement ? 36. In what cases would ecpiity decline to interfere by injunction ? 37. H«nv if u work lias only a temi)orary value? 38. What exclusive right to trade-marks is given by tlic law? 39. What is the object of the trade-mark ? 40. Wliat are the subjects of trade-marks? 41. What is essential to a proper trade-mark? 42. How of terms incjrely describing the articles? 43. Can the producer appropriate a word in coniniou use as his exclusive ]>njperty '{ 44. How of a new word ? •1."). \\'li;it niay be used as a trad(!-mark ? 46. Can a seller use a trade-niaik as distinct from ,i niiinufac- turer? •17. How of tin- nii;fulliori'/ted use of a party's nanir on :inotlier htjtel or conveyaixe than his own? 120 48. Will one who has used deception in connection with his trade-mark be protected ? 49. Can a trade-mark be bequeathed or assigned ? 50. Can it be used apart from its original ai)})lication ? 51. How in case of a sale of a business and good-will? 52. What amounts to an infringement of a trade-mark? 53. Is corrupt intention necessary ? 54. What is the remedy i* PARSONS ON CONTRACTS. SHIPPING. Book III, Chapter 16. 1. Under a building contract, when does title to a ship pass? 2. How if partial payments are made during the work ? 3. What rights are acquired by payment of instalments? 4. What lien has the builder? 5. What lien has a material-man by the maritime law ? 6. How of American and English law, when repairs are made in the home port ? 7. How when tliey are made in a foreign port? 8. How if the owner has an agent in the foreign port ready to pay ? 9. How is this lien enforced, and is possession necessary to it? 10. Is one State foreign to another for this purpose ? 11. What modification of the lien is made as to domestic vessels by the Supreme Court rules ? 12. What kind of claim is entitled to this lien ? 13. What is the evidence of title to a ship? 14. Is writing necessary ? 15. What is required by act of Congress of 1850? 16. For what object is written evidence of title necessary ? . 17- What is the relation of part owners to each other 18 What control has a ])art owner over the property? 121 19. Wliat of a majority ? 20. How will a court of admiralty interfere as to the manage- ment? 21. What is a ship's hushand, and who may be? 22. What are his duties? 23. What authority has he to make contracts to bind the owners ? 24. Has a part owner any lien for advances? 25. Is there any warranty of title or fitness on a sale of a ship? 26. What is the effect of retaining possession on the vendor's part after sale ? 27. What kind of delivery can be made where the ship is at sea? 28. What would defeat attaching creditors of vendor ? 29. When has the master authority to sell ? 30. What constitutes the justifying necessity ? 31. What is the efiect of a decree of sale in admiralty? 32. What exception to the rule ? 33. What is the effect of a mortgagee's taking possession ? 34. What is a bottomry bond given for ? 35. How does it differ from a mortgage or pledge? 36. How from other contracts of loan ? 37. What if the money is returnable in any event ? 38. .How is the bottomry contract enforced? 39. Can the bottomry contract be secured by other collateral contracts or mortgages on other {property ? 40. How are these contracts made the means of securing usurious interest? 41. If .several successive bottomry bonds are given, whicli has tlic |>ri()rity ? 42. When can the master and when Llie owner give a IjoLtomry bond ? 43. What inquiry must h'tuhr iiinkc hefore advancing on bot- tomry ? 44. Can a master give a bottomry bond for an antecedent in- debtedness ? 45. Does tin; l)ond give a p(!rsonal cliiiiii against the owner? 46. What will discharge the Itond? 47. How if the sliip is lost through the master's fault? 122 48. What is the respondontia bond ? 49. AVhat is freight, and what is the contract to carry called? 50. What engagements are implied on the owner's part by the receipt of goods on board ? 51. What rights does he acquire? 52. Can the owner withdraw the goods after they are shipped ? 53. When is freight considered earned ? 54. What exceptions ? 55. Where the goods arrive in a damaged condition, under what circumstances is freight due ? 56. How if the entire contents of barrels, etc., are lost from the perils of the sea? 57. When is part of the freight payable ? 58. When is it apportioned wliere part of the cargo arrives ? 59. What are the reciprocal remedies of owner and shipper ? 60. When does the lien for freight commence ? 61. What is a bill of lading ? 62. Who may be the consignee ? 63. Can the master bind the owner by a bill of lading given without any shipment of the goods ? 64. How if the bill is assigned to a third person for value and without notice ? 65. Who has the right of action on a bill of lading, cobsignor or consignee? 66. How far is the bill of lading negotiable ? 67. When is consignee entitled to the goods ? 68. Is the lien for freight lost by delivery of the goods ? 69. What may consignee do if only part of the cargo arrives, where the freight is a gross charge for the whole ? 70. If he receives a part, has he aiiy action for non-delivery of the rest ? 71. What must the ship-owner show to exempt himself from re- sponsibility for the goods ? 72. If he pays the value of goods lost, is he entitled to freight ? 73. If the voyage is interrupted by superior authority, as an em- bargo, is freight earned? 123 74. If the voyage is ended but deliveiy is prevented, how? 75. If a ship is detained at an intermediate port, what may the owner do as to forwarding the goods ? 76. Who is liable for any extra freight that may be neces- sary ? 77. What if the ship-owner refuses to transship when he can ? 78. If the goods are tendered to the shipper at an intermediate port, what may he do ? 79. Can the master sell wlien tlie ship is arrested at an interme- diate port? 80. What is a charter-party ? 81. If in the master's name, does it bind the owners personally ? 82. With whom does the legal possession remain when a charter- party is executed ? 83. What are the usual stipulations? 84. What is the security to each for performance ? 85. What is demurrage ? 86. What remedy for failure to provide the cargo within the time agreed ? 87. Is delay from superior force a ground for demurrage? 88. What will discharge the charter-party? 89. What is the effect of a temporary blockade ? 90. What liability does the bill of lading impose? 91. In what resi)ect does it resemble the common law liability of the common carrier? 92. For wliat losses is the ship-owner or charterer responsible to tlie shipper? 93. Is fire one of the extraordinary perils? 94. How if caused by liglitning? 95. In cases of collision, without the fault of either party, where does the loss fall ? 90. How where both parties are to lilame? 97. How illlicre is Manic, but it is uncertain where it licltnigs? 98. How if the loss results from the fniilt of the sutlcring ])arty? 99. How if from th.- f;iiilt of ihc other? 124 100. What was the common law rule where the fault was mutual ? 101. Where the loss is divided, in case of mutual fault, how is it apportioned ? 102. What is the presumption in case of collision hetween a steamer and a sailer ? 103. What is the remedy in admiralty in case of collision ? 104. What remedy has the shipper of goods where they are in- jured or lost through collision by the ship-owner's fault? 105. How if they are lost in collision from the fault of the other vessel ? 106. Has the shipper a remedy against the vessel in default? 107. What is salvage ? 108. What security and remedy has the salvor ? 109. In what case may a salvor interfere ? 110. What are the cases proper for marine salvage? 111. What is derelict? 112. Does the case arise when master and crew voluntarily give up the ship to the salvor? 113. What persons are entitled to claim salvage? 114. Can passengers? 115. When may one of the crew ? 116. A pilot? 117. If part of a ship's crew engage in the actual work of sav- ing, are the rest entitled to salvage ? 118. How as to the owner of the relieving ship? 119. What are double sets of salvors ? 120. Do the first salvors, in such case, lose their reward ? 121. Who are entitled to share in salvage ? 122. Is there constructive assistance ? 123. Is salvage allowed for saving life ? 124. What amount is allowed for salvage ? 125. What property pays the salvage ? 126. Does the freight? 127. When are salvors precluded from claiming? 128. What is meant by general average ? 129. What property is to contribute to it ? 130. Is a loss cansed by the elements a subject of general average? 125 131. Wliat is essential to make a case for general average? 132. If a jettison is made b}^ the master, but the cargo could not have been saved anyhow, is this a case for average? 133. Is a loss by surrender of goods to pirates, as a ransom, a case for average ? 134. Where injury to a vessel is caused in saving cargo, is it a case for salvage? 135. How of wages and premiums in seeking a port of repair ? 136. Is there a difference where the injury was caused by tempest or voluntary sacrifice ? 137. Where the loss is from a decree of salvage, is it a subject of average ? 138. By what standard of value is the loss averaged? 139. Does freight contribute? 140. Is the loss of freight or goods thro\yn overboard itself a sub- ject of average ? 141. Where is the average to be adjusted? 142. What authority has the master in a foreign port as to char- tering the ship, etc.? 143. Is the master himself responsible on his contracts ? 144. What remedy is there on a charter-party in his own name ? 145. How far are owners responsible for the master's negligent torts? 146. How far is the master responsible for goods shipped? 147. How far is he bound to the mariners? 148. What right has the master in regard to securing his advances or securing himself against liabilities for advances ? 141). (-'an a master delegate 1 1 is authority ? 150. What power has he over the cargo when he can neither carry nor send it forward ? 151. If all the cargo be sold, can any part of the loss be charged to the cargo ? 152. How are shipping articles generally interpreted ? 153. What lien have seamen, and how does it rank as to others? 154. Wliat relation have wages to freight? 126 1 55. Tf a ship is bound out and home, and performs the outward voyage, but is lost on tlie way home, are there any wages earned ? 156. How if parts of the cargo are delivered at diflerent ports? 157. How if the freiglit is paid in advance? 158. How if the voyage is lost througli the misconduct of master or owner? 159. What is the relation of the pilot to the ship ? 160. What of losses from neglect to employ pilots ? PARSONS ON CONTRACTS. Book III, Chapter 17. 1. What is the contract of maritime insurance? 2. What called? 8. What form is necessary ? 4. What is the consideration ? 5. How does it become also a contract of the insured ? 6. Is he bound to expose to the risk insured against after re- ceiving the policy ? 7. If not, is any premium payable? 8. What are the stipulations on the part of the insured? 9. If agent insure without authority, can principal ratify after loss ? 10. How does insured forfeit the policy ? 12. Can a policy be assigned? 12. What is the suliject-matter of the insurance? 13. What is the effect of transfer of property after insurance ? 14. How if insured be a trustee ? 15. How does assignment of policy operate if consent of the in- surer is required and not given? 16. How of an assignment for the l)enefit of creditors ? 17. How of assignment after loss has occurred? 18. How of an assignment by one to other joint owners? 19. If a ship sails but immediately returns, is the premium due ? 127 20. If the premium is paid but tlie voyage abandoned, can the premium be recovered ? 21. What are open and what vahied policies? 22. In the latter, if part of goods are not shipjied, is part of pre- mium to be returned ? 23. What interest must be named in the policy? 24. What can be insured ? 25. How must the thing be described? 26. Can a jjolicy be made to cover loss already incurred ? 27. " Lost or not lost '^ means what? 28. When does the risk terminate ? 29. What does an open policy cover? 30. What is double insurance? Over insurance? 31. How did the various underwriters pay in case of loss? 32. In case the second i)()licy is expressed to cover what is not already covered by the prior policy, what is the meaning ? 33. In case, then, the property diminishes in value, what is the effect? 34. What is the object of requiring other insurances to be noti- fied to the insurers? 35. Is it douV)le insurances for mortgagor and mortgagee to in- sure their respective interests? 36. What is reinsurance, and its object? 37. Is there any jirivity between insured and the reinsured? 38. What must l)e j)roven against the latter? 39. Where a vessel is insured, is the underwriter responsible for losses from neglect of crew? 40. How if this neglect caused loss l)y the perils of the sea? 41. What arc ordinary and extraordinary risks, and arc the former covered by the insurance? 42. Does it cover destruction l)y lire to mwr iVnin (he enemy? 43. When is general average a loss within the policy? 4 1. What is a total loss? 15. What is abandonment? Id. Can the underwriter pursue the voyage ami rmn lh<' pidlit if he can save the vessel ? 17. In case of partial loss, what is the y voluntary bankruptcy? 34. \\'hat standard of value determines the claim of the assured ? 35. In case of partial destruction, if the repairs cost less than the sum insured, what (jf the balance? 36. In case of double insurance, what do the insurers pay? 37. Does the notice rcquiriMl a]i|)ly lo subsiMjUfnt as well as prior insurance? 38. How if this hv void? 39. What is tiie ellcel of not giving tin- nut ice rcipiii-cd? 40. If the mortgagee insures himself,ainl lln' nmrtgagor also, for his benefit, is tiiis double insurance? 11. Reinsurance is wliat? 42. Will f'onditions in policies as to tinic of demand and suit be binding? 43. What di lien 'Mce is there ix'tweeii niarilinieand lire insurance in ease of jiartial loss? !) 130 44. Where one insures his life, to whom is the money payable on his death ? 45. Where he insures another's life, how on the death of the insured ? 46. What effect is given to the answers of an applicant for insur- ance to the ])rinted forms of questions? 47. The general statement that he is in good health covers what? 48. Is the company hound by the certificate of its own physician ? 49. If one insures another, is he bound by his answers? 50. What effect have exceptions of certain pursuits, etc., in the policy ? 51. Is interest in another's life necessary to entitle one to insure? 52. What is sufficient interest, where required? 53. Where the creditor collects an insurance, can the debtor's representatives refuse to pay the debt? 54. Is the insurer paying subrogated to the creditor? 55. Can creditors interfere with an insurance for wife's benefit? 56. When does the risk begin ? 57. How in case of bargain to insure? 58. If a renewal premium is not paid, but the agent promises to make another policy, or charges himself with the premium, is the company bound? 59. How if so many days are allowed after expiration of policy, and the insured dies in the interval ? PARSONS ON CONTRACTS. Part II, Chapter I. 1. In what cases does the court and in what does the jury de- termine the meaning of a contract? 2. What is the cardinal ethical rule of interpretation ? 3. How far is this modified by common law? 4. How if a contract cannot operate in one way, but can in another 131 5. Take the case of bargain and sale for love and affection? 6. Against whom is the contract most strongly construed? 7. What is the rule as to inconsistent clauses in deeds, wills, and other instruments? 8. What is the effect of express contract of title in a lease on the legal implications from the word demise? 9. How if a mortgage expressly conveys some of the fixtures? 10. If printed forms are filled up, to which is most weight given, the printing or writing? 11. In what cases is a contract severable? 12. What is the right of rescission in case of entire contracts? 13. In case of part performance, what is a remedy if a party is prevented from completing? 14. How when deviations are made by consent? 15. Suppose a party performs partly, and then refuses to com- plete, but the fruit of the part performance is retained by the other }>arty, can the first recover for the work done ? ,16. When were mutual covenants considered independent, and when dependent? 17. Is parol evidence admissible to change the terms of a con- tract ? 18. How as to fraud in reducing to writing ? 19. What is the rule as to J'alm dcmovstratio f 20. Is parol evidence admissible to show the contract other than the law im[tlies? 21. What as to contemporaneous writings? 22. Can it be shown hy parol that recitals are incorrect? 23. That the consideration is diflerent? 24. How as to alterations? 25. How as to instruments under seal? 26. How as to waiver of conditions, etc.? 27. Additional consideration? 28. Receipts? 29. How is this rule as to tliird persons? 30. What is the rule as to patent and latent ambiguity? 132 PARSONS ON CONTRACTS. Part II, Chapter 2. 1. What force and eflect has the law of one State in anotlier ? 2. By what hiw is the capacity of a contracting party deter- mined ? 3. How as to the validity and interpretation of the contract? 4. What is the comity of nations? 5. Would a contract here to pay interest, at 10 per centum per annum, be enforced in a State where the interest is lower? 6. Would a contract here to pay 20 per centum, which is un- lawful here, be enforced in California, if lawful there? 7. What law governs the descent and transfer of real estate ? 8. If one contract a debt, valid there, in another State, secured by deed of trust here, and the interest would be usurious here, what is the consequence ? 9. What law governs as to personal capacity, i.e., slavery, mar- riage, infancy, apprenticeship, etc.? 10. If a party under age by the law of his domicil, contract else- where, where he is of full age, for that purpose, which law governs ? 11. What is one's domicil? 12. What the wife's ? Child's? 13. How is it changed? 14. Can one have two domicils? 15. What determines the question, when he resides in different l)laces at difi'erent tinies of the year? 16. If the contract is made in one place, but is to be performed in another, the laws of which place govern ? 17. How of a promissory note in New York, paya1)le in Wash- ington ? 18. When a note is dated at one place, though made at another, to which does it belong? 19. If a New York merchant gives notes in Boston for goods, to which city does the contract belong? 133 20. If a note be given in New York payable in Boston, how? 21. If a note be given generally, not dated, at New York, how? 22. How if dated at New York or payable there? 23. What law determines the sufficiency of discharges? 24. Does the law of the place apply to torts ? 25. What is the kr /on .^ 26. A deed with a scroll being a specialty here, but a simple contract in New York, what action may be brought on it in New York ? 27. Is the defence of limitations governed by the hiw of the place of the contract, or law of tlie forum ? 28. Wliat if lapse of time by the law of the place of contract extinguishes the debt? 29. Hosv, wlien by the lex loci contractus, one acquires com]:)lete title to personal chattels, by possession ? 30. Does the Statute of Frauds belong to the kx loci or lex fori f 31. How of set-oif? 32. By what law is the validity of marriage governed? 33. How if deemed incestuous by the law of another State? 34. How if i)arties go abroad and mai-ry 1<> fvailc local law? 35. By what law arc the incidents of marriage governed? 36. By what law, the question of legitimacy in case of realty and ]»ersonalty ? 37. Wliat dclcrmines tlic wife's title in husbantls [H'operty? 38. By what law is the validity of divorce governed? 39. What jurisdiction is necessary to make a divorce valid ; must l.olli |.;irties he within the State? 40. What is the nature of a decree of divorce, is it //< pcrsondiu or in rem "^ II. How if one go abroad to get a. divoi-ee, in fraud of the law of his domieil ? 42. What edect had a foreign judgment at eonnnoii law? 43. What dillerencc between suij)g on it and olVeiiiei it in de fence? 44. What of an inliiloeutory juijgment ? 45. What merger is there (tl'lln' oiii'inal <'anse ol' action? 134 f 46. Can a foreign lis pendens be pleaded in abatement even ? 47. What is the effect of a judgaient of another State in this country ? PARSONS ON CONTRACTS. Part II, Chapter 3. 1. Is an attorney at law, employed to collect, authorized to receive payment ? 2. Is an auctioneer ? 3. A wife ? 4. Can payment be made to principal, if the agent is known to have claims on the fund? 5. Can a debtor set off a demand on the agent, known to be such, against the principal? 6. Can ])ayment be made to one of joint creditors not partners ? 7. How of partners? 8. How of executors and trustees ? 9. How of joint depositors in bank ? 10. If pai'tial payment be made to one, can the debtor pay the balance to the other ? 11. Is part payment of a debt, receipted in full, a bar? 12. If so, under what circumstances? 13. How of compromises of doubtful claims? 14. What is a debtor's duty as to payment? 15. Would mailing the money be payment? 16. Will payment in bank bills be sufficient ? 17. How of payment in forged bills ? • 18. How if the bank be insolvent but has not actually failed, without the knowledge of either? 19. How if tlie bank has actually failed ? 20. How if notes are taken in payment for goods at the time of sale, instead of in payment of an existing debt ? 21. How is payment by check considered ? 135 22. How if a bank fails before the check is presented? 23. ^\'hat of payment by note ? 24. What if the note is indorsed over? 25. When, if at all, can the creditor sue on the original considera- tion, in such a case? 26. How of a third person's note? 27. What is the duty of liolder as to demand, etc., and what the consequence of neglect? 28. What is payment by delegation ? 29. How about deposits with stakeholders, and what payments will discharge them ? 30. How of de}iosits with auctioneer, on sale ? 31. What if stakeholder pay over to one jiarty in advance of de- cision, on receiving indemnity ? 32. How is money paid, to be applied, when there are several distinct debts? 33. How if collected by execution ? 34. If the debtor fails to make application, how ? 35. If neither party makes the application, how will it be done? 36. How will the law apply when one of several debts is disputed ? 37. What limitations are there on the creditor's right of appli- cation ? 38. How as to debts held in different rights? how where one is not due? 39. How as to items not suable? 40. How when one debt is barred by limitations ? 41. How when payment is made by a third person and not the debtor? 42. How will the court apjjly, as between good ami precarious securities? 43. How l^etween mortgage debt and (jne unsecured ? 44. liow l)etween one bearing interest and one not? 45. How where one de))t binds a surety ? 40. How is interest to be c()mj)ut(;d ? 47. What is tiie diflerence betwcuiii the two modes? 48. When must a tcn(U'r \)v shown? 49. In what kind of case could tender be proven? 136 50. Can tender be pleaded with general issue ? 51. What is tlie effect of tender ? 52. Wliat amount should be tendered? 53. What if more than the debt be tendered ? 54. In what must it be made? 55. When is it good in bank notes ? 5G. Must the money be produced ? 57. When is production excused? 58. Is a conditional tender good? 59. How if on condition of giving a release ? 60. What is the efiect of a subsequent demand and refusal ? 61. When specific articles are to be tendered, what is the debtor's duty ? 62. If goods are at the time and place agreed, and the buyer is not there, what? 63. What was the effect of a tender of goods ? 64. If tlie debtor had the option to pay in goods or money and failed to deliver the goods, what is the effect? PARSONS ON CONTRACTS. Part II, Chapter 3, continued. 1. What is a release ? 2. Must it be under seal, and why ? 3. Suppose not, but it is for a consideration, what would it be ? 4. What of a general covenant not to sue ? 5. What of a covenant not to sue for a limited time ? 6. What of covenant, generally, not to sue one of several? 7. On what can a release operate ? 8. How of future causes of action ? 9. How of contract rights depending on future conditions ? 10. Can a general release under seal be qualified by parol evi- dence ? 137 11. Can a release by another, beneficially interested, be })leaded against a plaintiff having the legal right of action? 12. When is a release by operation of law? 13. How of the taking of higher security as collateral? 14. What of alteration by a stranger? 15. By holder ? 16. How does adding a seal alfect the contract? 17. What is the presumption in case of alteration? 18. How would title under a deed be affected by an alteration in it? 19. How as to the covenants ? 20. What is the effeet of pendency of another suit for the same cause of action ? 21. How of a suit al)road ? 22. How of attachment of the debt b}' garnishment abroad ? 23. What is the defence of a former judgment? 24. What is necessary to maki' tlic toniiii- judgment an estop])el ? 25. What must ai)pear in the record ol' a, former judgment? 26. How if tlic pleadings are general, cim tlic (|Ucstioii settled be shown by jnirol ? 27. How as to identity of form of action ? 28. In what cases are trover and assumpsit identical in this res))ect ? 29. Against whom can ;i r|»ly? 32. How of a riniiiiiig ac.eouiit between two parties? 33. Is this a coniuion law or statutory defence? 34. How is this defeiu;e to be availed of? 35. How of claims for damages? 36. Mow of claims in ecpiity ? 37. (.'an damages claimed on a contract fur tpjict enjoyment, be set off in an acticin lor rent? 38. (Jan a setoff be pleaded in ;ni iietion for nnli(|uid;ite(l damages? 39. How can set-oil' lie |iievenled by |il:iinlill by the joiui of action ? 138 40. How of liquidated damages ? 41. How of debts of different degrees? 42. What is the practice as to setting off judgments? 43. How of bonds with penalties ? 44. Can a debt not yet matured be set off"? 45. Can a liability as surety for plaintiff? 46. How of a debt barred by limitations ? 47. How if debts are due in different rights? 48. How as to survivor of several ? 49. How of executors as to contracts made by themselves ? 50. How of trustee and cestui que trust f 51. How of nominal and real parties? 52. How as between principal and strangers, with regard to debt of agent? 53. What is the difference between set-off and recoupment? 54. Is the defendant barred by not pleading his set-off? 55. Can non-negotiable note of plaintiff' assigned to the defend- ant be set-off? 56. If the set-off exceed plaintiff's claim, can defendant have judgment for difference? PARSONS ON CONTRACTS. Part II, Chapter 3, continued. 1. What does a contract to convey real estate import? 2. What does a " good and sufficient " deed mean ? 3. If a contract is to do one of two things who has the choice? 4. Can a contract be optional with one party and binding on the other ? 5. When is partial performance a defence pro tanto ? 6. Is performance after an agreed time a defence ? 7. If a thing is to be done in so many days, how are they counted ? 8. How when Sunday is the day of performance ? 139 9. If one incapacitates hiinself from performance before the time agreed, what is the consequence? 10. When is notice required before one is obliged to perform ? 11. When is demand or request? 12. When does impossibility excuse? 13. What of covenants to repair? 14. How if contract to do sometliing impossible on its face? 15. How of something sini])ly imi)ossible to tlie promisor? 16. Would blockade of a port by a foreign )»ower, be the impos- sibility of delivering goods there, which would excuse? 17. How if our laws forbade the trade? 18. What if a contract is valid when made and the act is made illegal, by a law which is then repealed before time of per- formance ? 19. What is the rule as to dependent and independent covenants when the times of performance are different? 20. How if the part}^ who is to perform last, disables himself before the time of the other performance ? 21. How may a contract be rescinded ? 22. Who can exercise the right? 23. How when there has been a partial performance ? 24. How if the contract be severable ? 25. How if the other party can be put in the same condition as before V 26. Can one rescind without doing this? 27. What exception is tliere to this ? 28. What is the difference between rescinding a contract and suing on it for damages ? 29. After rescinding, can one sue fur (himages? 30. What is accord and satisfaction? 'j\. Is accord sufficient without satisfaction? 32. How can a sealed instrument be altered? 33. How can a breach be settled ? 34. in parol contracts, how can changes l)e made? 35. How of a new agreement with orwitliout consideration, and in the latter case, executed ? 140 3G. If on a new consideration, liow far is performance necessary to make accord and satisfaction ? 37. How as to a new note, with or witliout surrender of the old ? 38. How (h)es a new executory contract affect remedies on ex- isting debts ? 39. How of agreements to dismiss mutual suits, executed ? 40. How of collateral security with power of sale, does it suspend action on the original cause? 41. How of specific articles? 42. If the new thing be of no advantage, what ? 43. If a parol contract is altered by a new one, before breach, is this an accord and satisfaction ? 44. Wliat is agent's or attorney's power to submit to arbitration ? 45. Must the submission be mutually binding ? 46. What are the general requisites of an award ? 47. In what case can it be set aside ? 48. A general submission leaves what to the arbitrators ? 49. How of mistakes in computation or erroneous assumptions of fact? 50. How of error of judgment in weighing evidence? 51. How of unfairness in proceedings, want of notice, etc. ? 52. How ought the umpire to be chosen ? 53. Will courts compel a party to perform an agreement to refer ? 54. Do they sustain action on such an agreement? 55. How if a party revokes his submission ? 56. How long may the right to revoke exist? 57. What would be a revocation ? 58. Can submissions under rules of court be revoked ? PARSONS ON CONTRACTS. Part II, Chapter 3, continued, and Chapter 4. 1. If money is paid under an illegal executory contract can it be recovered ? 2. How if performed by the other party ? Examples. 141 3. What of contracts in restraint of trade? 4. What of partial restraints ? 5. How of contracts in fraud of revenue laws, domestic and foreign ? 6. What wages were illegal at common law ? 7. \\'liat is champerty and its eflfect on a contract? 8. What two classes of fraud are there? 9. How far is it necessary that the representation shall be in some material thing? 10. How of misrepresentation l)y an agent? 11. How far is actual injury necessary? 12. What if the thing represented is true but was not so known to the party ? 18. What of a })urchase of i)ersonalty without the intention of paying t"or it? 14. What of misrepresentation of value wlicn both })arLies liad equal opportunities of knowing the truth? 15. Is fraud necessar}' to make a misrepresentation avoid a con- tract ? 1 . In what case will innocent false statements be suHieient ground Ibr setting aside a. contract? 27. What is an estop[)el ? 142 28. How can it be used ? 29. What three general classes are there ? 30. What is an estoppel by record? 81. How is one stopped by his own plea? 32. Who are bound by the estoppel of a judgment? 33. What is the rule of mutuality ? 34. Who are privies ? 35. Who are parties ? 36. How of principal and surety ? 37. As to what is a judgment an estoppel? 38. How must the estoppel be availed of? 39. What is the eflfect of not pleading it? 40. What if the declaration is in a general form as in assumpsit? 41. Estoppels by deeds are what? 42. How does estoppel by deed work in case of a grant without title, which is acquired afterwards? 43. Does a mere grant estop one from denying that he had a title? 44. How of deed with general warranty ? 45. How as to mortgage with warranty? 46. What statements in deeds are not considered conclusive? 47. How as to payment of the consideration? 48. What are estoppels in pa'W.^ Examples. 49. What is the extent of the estoppels on a tenant ? 50. What is the general principle of equitable estoppel? 51. Is it necessary to plead this estoppel ? 52. Give examples of equitable estoppel? 53. Is fraudulent intention essential to make a representation an estoppel ? 54. What is the rule as to estopi3el against estoj^pel ? 55. Does estoi^pel arise when an interest passes ? 143 PARSONS ON CONTRACTS. Part II, Chapter 5. 1. What was the occasion of the Statute of Frauds? 2. What two sections rehite to executory contracts ? Recite them ? 3. What difference is made between the two classes of contracts by the two sections? 4. Is the agreement itself required to be signed? 5. What is a sufficient memorandum of it? 6. What kind of signature is required ? 7. When would not signing in the beginning be sufficient? S. What of printed headings ? Pencil signature? 9. Must the memorandum be signed by both parties? 10. Must it be simultaneous with the transaction ? 11. Must the agent's autliority be in writing? 12. Can one party be agent of another to sign ? 13. How of auctioneers? 14. What is the memorandum, etc., at auction sales and in broker's sales ? 15. Under the name agreement in the Statute, what is included? 16. Can the agreement be made out from several memoranda and how can they be connected ? 17. Can parol evidence be allowed to change an agreement re- (juired to be in writing? 18. What is the meaning of answering damages by an executor? 19. How where he is residuary legatee and gives bond to i)ay debts and legacies ? 20. How of a promise before one becomes aihiiiiiistrator? 21. What is the ditr( rence between an original promise and the promise to answer for tlic debt, etc., of another in the Statute? 22. If two promise jointly and one is known to be accommoda- tion promisor for tlie other, is it within the Statute? 23. How if the third jterson's un(hTf;iking is extinguished? 144 24. How if the debt of original debtor is to be kept alive for the benelit of the promisor? 25. How if the promise be made for some special object to the promisor? 20. When I assign a debt in i)ayment of my own, and guarantee it, is this within the Statute? 27. How of a promise of one of several joint debtors to pay the debt? 28. How may the creditor bind himself by his entries and charges ? 29. Is a promise to marry within the Statute? 30. Is a promise of advancements to a daughter upon her mar- riage within the Statute ? 31 . What is an agreement within the fourth section of the Statute ? 32. When is a sale of growing crops Avithin the Statute ? 33. How of a sale of underwood, to be cut by buyer, growing trees, etc. ? 34. Is a license within the Statute? 35. Or an easement? 36. When is a share of stock in business corporations within the Statute ? 37. How if the contract is executed on one side by conveying the land ? 38. How as to executory contract, to convey land, when the con- sideration is paid ? 39. What contracts are meant in the fifth clause, not to be per- formed within one year? 40. If it nidy be so performed, is it within the Statute? 41. How if the contract might, but is not intended or expected to be so performed ? 42. What if a contingency might bring the agreement to a close within a year? 43. How if the contract is wholly executed on one side and the price is payable beyond tlie year ? 44. What change does the Statute make as to transfer of title to goods, by sale ? 45. What kind of delivery suffices, and is delivery sufficient ? 145 46. Does the Statute apply to contracts to mamifacture goods ? 47. Is acceptance, to satisfy the Statute, identical with the ac- cejjtance which precludes rescission ? 48. Is delivery to a carrier sufficient, within the Statute? 49. What part i)ayment will suffice; e.g., will mere giving of credit? 50. When is a contract for future delivery of goods within the Statute? 51. If both parties choose to perform a parol contract within the Statute, can either, or a stranger, afterwards treat it as void ? PAKSONB ON CONTRACTS. Part IT, Chaptkr 6. 1. What limitation of suits existed at common law? 2. To what action does not tlie act of James I extend ? 3. What two views were held as to the Statute ? 4. What is the modern view? 5. What is a suHicient promise to takea del»tout of the Statute? B. What is a sufficient im[)]ied promise? 7. What of conditional promises ? 8. Give examples of acknowledgments by acts ? 9. What is the effect of giving credit in account, as to the entire account? 10. What of part payment? 11. W'iiat is necessary to give it elTect? 12. What of a general payment when one of several debts is dis- l)Uted ? 13. How where one is barred by limitations? 14. Wiiat of jiayriH lit of interest? 15. How <»f indorsemi'iit by creditor? 16. How of an aekiiowlcd^mcnf by one parttirr? 17. How, after dissohition ? in 146 18. How of an acknowledgment by one of joint debtors, not partners ? 19. To what cases does the exception of accounts between mer- chants apply ? 20. How of accounts l)etween banks? 21. How of accounts between a merchant and his customer? 22. How of stated and closed accounts? 23. From what time is the statutory period counted ? 24. How of bill payable at sight ? Debt payable on condition? 25. How of account for goods sold? 26. HoAV in case of a surety paying principal's debt? 27. How of claims on co-sureties for contribution? 28. How where one merely pays in instalments ? 29. If my agent receives notes for me, from what time does the Statute run against me, from the receipt or payment of the notes? 30. How as to bank notes? 31. What difference does the plaintiff^'s knowledge that he has a cause of action make ? 32. How if he is kept in ignorance by fraud of the other? 33. Does the Statute run from the time of breach or from the date when the injury is received ? 34. Against the holder of note, from what time ? 35. Against an indorser, as to jjrior ones? 36. How as to money payable in instalments? 37. How if the whole is due on the first default? 38. How as to trusts? 39. How of an injunction staying suit ? 40. Where a new promise is given, from what time does the Statute run ? 41. What exceptions are there in the Statute ? 42. In case of a minor, when does it begin ? 43. When the Statute once begins to run, how if a disability afterwards occurs ? 44. How if one is under several disabilities when the cause of action accrues? 45. How if under one disability and others begin afterwards ? 147 46. How if the defendant is abroad when the cause of action accrues ? 47. How as to a person who has never been liere — an alien? 48. How as to foreign corporations ? 49. How if one of several joint debtors is abroad ? 50. The term " beyond seas " means what? 51. In case of fraud, when is the cause of action lield to accrue ? PARSONS ON CONTRACTS. Part H, Chapter 7. 1. In what case does the law allow interest without contract ? 2. Did the comn)on law allow interest on all overdue debts? 3. In what cases ? 4. On book debts, for goods sold, from what time is interest allowed ? 5. On account settled ? M(uiey lent*? 6. On unsettled claims? 7. On note payable on demand ? 8. When a note is expressed to be [)ayable with interest at a higher rate than the law gives, without contract, what rate is allowed after maturity ? 9. What is usury, and what was the Statute on that subject in England ? 10. What was necessary to make a case of usury ? 11. How as to further forbearance? 12. iMust the usury appear on thr face of the contract? ]?,. How can it be i)rovn their assunnd value? 1.'). How of a loan of stock, t<» he returmd with all Ihe dividends it earned ? IC. How with a loan of stock, with tiie option t(¥ have hat k Ihe l)rice it sells for, with legal interest on the stock? 17. How with a loan of stitck, reserving the dividends? 148 18. How if the lender is to receive the dividends when above legal interest, and legal interest when they fall below? 19. How if two contracts are made; one to pay principal and legal interest and the other to pay something additional? 20. How when a mere gratuity is given in addition to the legal interest? 21. What if the original debt be legal but a usurious note is given for it ? 22. How of an agreement to pay additional interest, if the debt is not paid at maturity ? 23. How if I give time to my debtor, in consideration that he pays me the same interest I have to pay some one else? 24. If the note is usurious, can this defence be made against an innocent holder for value ? 25. How as to usurious indorsee and his innocent indorsee's rights against maker? 26. How as to collateral securities and substituted notes for an originally usurious debt? 27. How if the new secufity be given to the innocent transferee of the usurious note ? 28. How as to innocent purchaser under the original collateral security ? 29. Could the collateral, however, be enforced if objection is made in time ? 30. How of a judgment when usury was not pleaded? 31. How of valid notes of third persons given in substitution for or ])ayment of original ? 32. Can a contract be purged of usury by a new agreement, and how ? 83. Can a second mortgagee set up the objection of usury to the first mortgage? 34. What is the effect of actually taking usury for extending time on a valid contract ? 35. What is the difi'erence between defending a suit on the ground of usury and suing to set aside a contract? 36. If usury is paid can the debtor sue to recover it? '■M . What is discounting? Is it usury? 149 38. In what cases is it allowable ? 39. Is a charge of more than the legal rate of interest for indors- ing or accepting bills usury ? 40. Is a deduction of more, in advance, for payment of a debt? 41. How of the building associations? 42. How as to exchange, service, or trouble ? 43. How of contracts in which the princij^al is put at hazard? 44. What is loan on bottomry or respondentia ? 45. How of annuities? 46. If one advance money to be used in business for a share of the profits, is it usury if the profits exceed legal interest? 47. Is the purchase of business paper at a large discount usury ?• 48. How if I discount a party's own note? 49. How of a note bought from a broker made to raise money on ? 50. How if the Statute does not make a note void for usury? 51 . How where cross-notes are given and one is larger on account of the better credit of the oilier? 52. Is compound interest usury ? 53. Will courts enforce an agreement to pay it? 54. If paid, can it be recovered back ? PAKSONS ON CONTRACTS. Part II, Chapter 8. 1. Is specific performance ever enforced at common hiw? 2. What is the rule of (himages for withlioliliiig money? 3. How if special damage resulted from lailure to pay? 4. In assumpsit for use and occupation, what is tlir riih? 5. What is the difference between a penalty and li(|iiidafed damages. ('.. Which does the eouii incline to consider il ? 7. What rules determine wliiili it is? 8. Are counsel fees, loss of time, etc., allowed lor in damages? 150 9. What is the meaning of giving proof in aggravation or miti- gation of damages? 10. What are exemplary or vindictive damages? 11. Are they allowed in case of contract? 12. Can possible, conjectural profits be recovered? 13. In what case can profits be recovered? 14. What does the surety recover before or after paying, where there is a contract by the principal to pay, or a contract to indemnify liim V 15. How as to continuing contracts, where instalments are to be paid ? JG. How if the contract is entirely broken at once ? 17. What is the measure of damages if the agent sells for less than the price directed by the principal? 18. How in case of bad faith ? 19. If the agent is directed to ship goods on a certain day and fails, what? 2( ). How far does the plaintiff's own negligence affect the measure of damages, as, if he could have procured another to do the thing contracted for, at small additional cost ? 21. If one whose goods are converted and sold, waive the tort and sue in assumpsit, what is the measure ? 22 On replevin bond, what? 23. On contract to deliver goods on a certain day, what is the rule ? 24. How when the price has been paid? 25. What is meant by the market price on a certain day ? 26. Is it the giving or asking price ? At what place ? 27. How if goods have fallen in price before the day for delivery ? 28. On a sale of real estate, if vendor cannot make good title, what is purchaser's right of recovery ? 29- How as to loss of the bargain ? 30. How if vendor had falsely represented himself the owner? 31. If buyer of chattels refuses to take, what does seller recover? 32. Is he chargeable with the goods retained ? 33. How if the seller sells the goods again ? 34. If the goods have been delivered, what is recovered ? 151 35. In case of a sale of land, when purchaser fails to comply, what is the measure of damages ? 86. In suit on warranty of chattels retained, what is recovered ? 37. In what cases are costs of other actions recovered ? 38. How if vendee with warranty resell, with warranty, and is sued and judgment recovered on his warranty? 39. How of costs unnecessarily incurred ? 40. Where a debt is payable in money or goods, what is the measure of damages ? 41. Where plaintiff has suffered no real damage, ought he to have a judgment? 42. On a covenant of seisin what is the measure ? 43. What on covenant of warranty ? 44. Where grantee with warranty had granted away witli war- ranty, when is he entitled to sue, if his grantee is evicted? 45. How on covenant against incumbrances? 46. How if he sues before paying them off? PARSONS ON CONTRACTS. Part II, Chapter 9. 1. What is a lien? 2. Is it capalde of being levied on as property ? 3. Is it bjirred by tlie Statute of Liniit;iti(mH? 4. Is it destroyed Ity a set-ofi? 5. WlKitdillcrence is there between lini <.u personalty and on realty ? 6. Does a lien give a right to sell ? 7. What is the dilfcrencc in :i pUMlge? 8. Is a lien created by contract or law? 9. For what did Ut-iiH on chattels oriuiiKiUy exist ? 10. How did general liens arise? 11. la the Under of a chattel entitled tu.i lien lor expenses, etc.? 12. Can there be a lien without possession ? 152 1 3. How of a second or third lienor ? II. How far does a gonoral lien interfere with the rights of third persons, r.r/., carrier's lien, with consignee, or seller's right of stoj)page? 15. Can a lien he transferred separately from tlie debt ? 16. ('an one pay the debt for the purpose of getting possession of the property ? 17. What effect has surrender of possession ? 18. What the transfer of the debt, with possession of the prop- erty ? 19. What effect has a claim of ownership by theholder of thelien? 20. What if the lienor cause the property to be levied on for his debt? 21. What is the eff'ect of purchase by lienor? 22. If void against creditors, what? 23. What of taking debtor's note? 24. What is the ground of the innkeeper's lien ? 25. How lost? 26. Has a livery man a lien ? 27. How if employed to train the horse ? 28. What is the Common Law lien of the common carrier ? 29. How does his general lien arise ? 30. What kind of delivery by a seller ends his lien ? 31. How if part is delivered in name of whole, or not? '32. How of conditional delivery ? 33. How of an order for delivery on bailee? 34. How if goods sold on credit are delivered and returned to seller to be sold on buyer's account ? 35. What is the factor's lien ? 36. How can the principal effect it? 37. When does the lien of a consignee, agent or factor, begin ? 38. What is the banker's lien ? 39. Insurance broker's ? 40. What that of an attorney-at law on judgments ? 41. What has he before judgment ? 42. What on awards ? 43. What is the lien of a judgment ? 153 44. What is a lien on debtor's personal property? 45. What are other statutory liens? 46. What is the vendor's lien on land ? 47. Against whom is it good ? 48. How as to judgment creditor ? 49. How as to purcliasers with notice? Bankrupt's assignees? 50. Is a receipt lor purchase-money conclusive against it ? 51. How is this lien waived ? 52. Does taking the purchaser's own note amount to it? 53. How is this lit^n enforced in eijuity ? 54. When does vendee acquire a lien ? 55. Has the court a discretion about enforcing this lien, and under what circumstances will it? 56. What was an equitable mortgage? 57. What is the lien of a partner on the partnership stock? 58. What lien has one of several joint-owners? 59. Wh-di is a lis pendens f 60. How of a lis pendens in another jurisdiction than that of the property ? PARSONS ON CONTRACTS. Part II, Chapter 11. 1. In whatcase is specific performance enforced at common law? 2. In equity, is it a matter of right or discretion in tlif court V 3. In wiiat cases will the court refuse to interfere? 4. How if one i)arty would be entitled and the other not, would the court grant it to the latter ? 5. Against whom ? 6. In favor of whom V 7. How of a contract witliout consideration ? 8. How as to executed (/ijh needing a mere formality? 9. How as to instruments not delivered 'f 10. How of ante- and post-nuptial agreements to make settle- ments? 154 11. How of contracts relating to personalty '? 12. In what cases will the court interfere? 13. Will it in regard to a contract to render personal service ? 14. How of a contract to execute instruments V 15. How as to contracts for sale of real estate ? 16. Canacourtcompelaconveyanceofland outof its jurisdiction? 17. How in suit by vendor if the title is defective ? 18. What kind of title must he have ? 19. How if the plaintiff removes the objections to his title ? 20. By what time must objection to title be removed ? 21. Can a purchaser require a warranty? 22. Can he require a conveyance of a part of which the title is good ? 23. How does equity regard the vendor from time of sale as to profits, etc. ? 24. Is time of the essence of the contract in equity ? 25. In what cases is it ? 26. How as to parol contracts ? 27. In what cases will a court of equity enforce one ? 28. What kind of part performance is necessary ? 29. What of a confession of the contract in the answer ? 30. How if it also rely on the Statute ? 31. Is part payment of price a part performance ? 32. Preliminary surveys, valuing stock, etc. ? 33. What kind of possession is ? 34. How of a tenant's previous possession continued ? 35. Will marriage be considered part performance of a contract in consideration of marriage? 36. How of a contract partly in writing and partly parol ? 37. In what cases does equity give compensation in damages ? 38. How are they ascertained ? 39. How in favor of vendee, in case of part performance ? 40. How if contractor dies ? 41. How if he had contracted to devise? 42. How if complainant is incapable of being coerced — as a minor — will defendant be compelled to perform ? 43. Or if performance by plaintiff is impossible ? 155 44. How if minor stie for specific performance when he comes of age? 45. How if plaintiff's performance in future is improbable be- cause of present insolvency ? 46. How if plaintiff has partly performed and cannot wholl}' ? 47. Can a married woman make a liindinsj; contract which the court can enforce? 48. How as to her separate property? 49. How if the husband contract that the wife shall convey ? 50. What relief could be given in such a case ? 51. What will induce a court of equity to give relief which would not be a defence at common law ? 52. What relief can a court of ecjuity give as to deeds of trust? PARSONS ON CONTRACTS. Part II, Chapter 12. 1. At connnun law what rights had a debtor in the way of pre- ferring creditors ? 2. How in equity ? 3. What are the differences between bankrujjtcy and insolvent laws? 4. What does the constitution provide as to bankrupt laws? 5. I)«K'H it prevent the States from ))assing insolvent laws? 0. What (.'fleet is given to a foreign bankrupt discharge in the •State where the contract is made? 7. How of a discharge at the ])lace of the contract ? 8. Does an asHignmcnt in bankrii|tt(y carry effects abroad? y. How as against foreign creditors attaching? 10. How if till- assignee once reduces the effects into possession ? 11. Who can bfcome a voluntary l)ankrui»t and how? 12. Wh(» are emljraeed under tin- Icnii " persons?" l.'l What does "residence " mean ? 14. What is the eflect of filing the petition ? 156 15. What is the debtor required to state ? 16. Wliat is the proceeding upon tlie filing of the petition ? 17. What is the nature of the proceeding? 18. What is necessary to give the court jurisdiction? 19. How is assignee to be appointed ? 20. How may the estate l)e settled up otherwise than by the assignee ? 21. What are acts of involuntary bankruptcy ? 22. What are the two kinds of assignments that amount to bank- ruptcy ? 23. What is a trader? 24. What is commercial paper ? 25. Is assignment for benefit of all creditors an act of bankruptcy ? 26. What is the nature of the proceeding in involuntary bank- ruptcy ? 27. What may the debtor do in answer to the petition of the creditors ? 28. What is the judgment of the court on the hearing? 29. What are assignee's duties ? 30. What as to incumbered property ? 31. Can the property be sold free of incumbrance, and if so by what proceeding ? 32. What choice of proceedings has the secured creditor ? 33. What is the assignee's duties as to fraudulent assignments? 34. Can he purchase the trust property V 35. What is the eff"ect of taking a lease under the assignment? 36. What is assignee's right and duty if the lease is an unprofit- able one? 37. What is the effect of adjudication on pending suits? 38. What of the filing of the petition ? 39. What is the power of the assignee as to negotiable securities ? 40. What as to compromises? 41. What property passes by the assignment? 42. What if a devise to an insolvent goes into effect after pro- ceedings commenced ? 43. What if the inheritance comes after discharge ? 44. What of bankrupt's interest in his wife's estate ? 157 45. \Miat personal estate passes ? 46. What of leases and }tolioies not assignable? 47. Does such assignment avoid such leases or insurance ? 48. How as to wife's choses in action ? 49. How if husband dies before assignee reduces them into pos- session ? 50. What of a partner's interest ? 51. Can stoppage in transitu be exercised liy assignee? 52. If assignee elects not to receive a burdensome lease, what becomes of it ? 53. How if indorsement on bills made after bankruptcy, to inno. cent parties ? 54. How of collection of accommodation paper? 55. What property is exempt from the assignment? 56. Wlien does bankrupt's power over his property cease? 57. Within what time are assignments before bankru))tcy void, and what assignments are so? 58. What debts are provable? 59. How as to rents accruing after bankruptcy when the assignee does not take the lease? 60. What claims can be resisted by the assignee ? 61. How as to claims founded on fraud to which the debtor was a party and which he could not resist ? 62. How of torts ? 63. Can he i)lead limitations or rely on the Statute of Frauds? 64. Are judgments conclusive against the assignee? ■ 65. How of claims for damages reduced to judgiiu'iit? 6(). How is the liability of debtor to a fund of whicli lie is trus- tee to be proven ? t)7. What is the effect of llie discliarge? 68. To what deljts is a dischiirge a bar? 69. IIow if the debt is not proved tliiough accich'iit ? ~(). Ill what cases is a discharge not a l)ar to future suits? 71. in case of voluntary bankruptcy what aiiioiint of assets is necessary to entitle to discharge V 168 PARSONS ON CONTRACTS. Part II, Chapter 13. 1. What is a contract within the meaning of the Constitution of the United States? 2. In what case was this question discussed and decided ? 3. What other important point was decided in that case? 4. Does this rule prevent legislation indirectly affecting the value of property ? 5. How as to grants of powers, etc., to municipal corporation? 6. What was decided in Darmouth College vs. Woodward ? 7. Does a compact between States come within the protection of the Constitution? 8. Does the Constitution conflict with the common law rule that one legislature cannot tie the hands of subsequent ones? 9. How if a right of alteration is reserved in a charter? 10. Does a grant of important franchises prevent a State from granting others, when public interest requires it, that in- terfere with the first? 11. What important case decided this question? 12. How of a grant with express contract against future taxation ? 13. How of a grant of exclusive privileges to the exclusion of competition ? 14. In case of great necessity could such grant be interfered with, and how? 15. Is a corporate franchise the subject of this right of eminent domain ? 16. How can an exemjjtion from taxation be removed ? 17. Is marriage a contract within the constitutional protection ? 18. What is a divorce now considered to be? 19. What is the effect of a discharge in bankruptcy in a State on previous debts there? 20. In what case decided? 21. What effect as to subsequent debts? 159 22. What effect has such a discharge in another State than the place of contract? 23. Suppose a law took away all remedies without professing to discharge the debt, would it be void ? 24. How of stay laws and others exempting property from sale under execution ? 25. How of exemption laws? 26. How as to those sta}' laws, etc., as respects subsequent debts ? 27. Do changes in the Acts of limitation come within the pro- hibition ? 28. How as to laws of a police character, as regulating sales of intoxicating liquors, lotteries, etc., after licenses are given, with or without payment of consideration? BYLES ON BILLS. Chapters 1, 2, 3, and 4. 1. Of what does commercial ])apor consist? 2. To whom is the invention of l)ills of exchange attributed ? 3. What were promissory notes at common law? 4. What is a bill of exchange? 5. What arc the names of the difierent parties to it? H. How is it transferred? 7. What is indorsement? 8. What is the theory of bills? I). Who is principal (k'l)tor after acceptance? 10. How if for accommodation ? 1 1. How does commercial |).i|m r diil'c r as to consideration from specialties and (Hher simple contracts? 12. Were notes and hills tin- subject of lan-eny ? 13. Could tliey be levied upon by execuiion V 14. What is a promissory note? 15. What its dillcrence from a bill? 160 16. How do the parties to the two resemble each other as to HahiHty ? 17. Wliat did the Statute of Anne provide? 18. What if the instrument be conditional? 19. How if payable out of a particular fund ? 20. How if payable otherwise than in money ? 21. How as to current funds? Exchange? 22. How if the memorandum as to the fund does not form part of the note ? 23. How far must the sum be certain ? 24. What certainty is necessary as to the time of payment? 25. How of a note payable at death ? 26. Can one make a note to himself? To himself and another ? 27. With another to himself? 28. Is a note payable in instalments good? 29. How if on one default the whole becomes payable ? 30. How as to days of grace ? 31. Can it be indorsed over for less than its face? 32. When is a note joint? 33. How if in the singular but signed by several ? 34. What makes it joint and several ? 35. For what purposes is it joint and for what several? 36. Can holder select several out of more to sue jointly ? 37. Can one of joint promisors show that he was surety only ? 38. What are bank notes? 39. What are bank checks ? 40. What difference between the latter and an inland bill? 41. When is a post-dated or antedated check payable? 42. If a check is payable on a day certain, is it entitled to grace ? 43. What is the banker's obligation ? 44. What difference between check and bill as to being overdue and taken free from equities? 45. What claim has the holder on the banker ? 46. When has he a right of action? 47. Is the holder bound to the same diligence in presenting a check as a bill ? 48. What is his duty ? 161 49. When must a check be presented in order to charge the drawer, in case of refusal of drawee, where all are in the same town, and how when they are in different towns ? 50. What difference between drawer and indorser when the check is circulated? 51. How if drawer has no funds? 52. What is the effect of marking the check " good?" 53. What of stopping payment by the drawer? 54. What is crossing a check with the banker's name? 55. Of what is a check prima facie evidence against drawer? 56. If check is paid by the bank, of what is it evidence ?. 57. When is a check a good tender ? 58. Is it a good payment ? 59. What is necessary to make it evidence of payment? 60. What if bill or note be given up for a check? 61. What would be the effect of the drawer's death? 62. What of payment of a raised or altered check? 63. What if drawer had left ban"k checks with an agent which are fraudulently filled up? 64. How must check be signed by joint depositors ? 65. Is a check the sul)ject of donatio morlis causa ? 66. How as to check of third person? 67. Is a due bill a promissory note ? BYLES ON BILLS. Chapter 5. 1. Who are capable of being parties to l»ills anJ notes? 2. Who can act as agents in regard to tbcm ? 3. How must agent sign? 4. How if he signs in his owu iiaine? 5. Does a general employmnit .•mlhorizo agent to nnlois.. i.nrl accept, etc.? 6. How is power to sign, etc., constnud ? 11 162 7. How is taker affected by notice of agency ? 8. How if he takes overdue paper from agent? 9. Can agent pledge for individual del)ts? 10. How if taker of such pledge knows of the agency ? 11. How as to bill brokers? 12. Is the holder of a bill bound to take agent's acceptance ? 18. If not satisfied of his authority, what may he do? 14. If agent executes in his own name, can principal be sued? 15. How ought a note to be executed to make it bind the prin- cipal ? 16. How if agent execute without authority ? 17. How if innocently, as in ignorance of principal's death ? 18. Where agent holds bills, etc., to collect, what is his respon- sibility ? 19. What is a banker's ? 20. What is the general power of a partner as to commercial paper ? 21. How when there is a private agreement limiting the power to one or more ? 22. Can suit be brought on a note by a partner to his firm ? 23. How avoid the difhcvilty ? 24. By what signature by one partner is the firm made party to ])a})er ? 25. HoAv if he sign his own name, though the proceeds are to go to the firm? 26. Can one partner give a joint cmd several note to bind the firm ? 27. Can he give the firm note for his private business ? 28. Or a guaranty of a note or accommodation paper ? 29. What effect has the accepting of one partner's paper on the obligation of the firm ? 30. After dissolution can one partner bind by a new note? 31. Can he indorse a bill owned by the firm? 32. If one deal with an executor or administrator whose letters are afterwards revoked, is he protected? 33. What are the powers of executors or administrators as to testator's bills and notes ? 163 34. What the effect of appointing acceptor executor of holder? 35. How if the executor be one of several debtors, or principal debtor, as acceptor ? 36. How in this country ? 37. How must and can an executor sue on a note given him for a debt to the testator ? 38. What counts may he join ? 39. What if executor gives notes or indorses notes ? 40. What is the rule as to joining demands against executor? 41. What contracts may an infant not make? 42. What is the difference between void and voidable contracts? 43. What of his bills and notes in trade ? 44. What if given for necessaries? 45. Are they void or voidable? 46. Can an infant draw or indorse so as to give an action against acceptor ? 47. Can an infant be sued for fraud? 48. In joint contract of infant and adult bow should suit be brought? 49. What of the notes of a lunatic? 50. Can a married woman give notes or bills? 51. How in case of se})arate estate? 52. What becomes of paper owned by her at marriage? 53. What is a reduction to possession ? 54. How as to husband's assignment, in solvency or biink- ruptcy ? 55. Is payment of a note owned l)y a feme covert, to her, a good ])ayment? 56. What of notes from wife to busband? 57. What power has a corporation to execute comnurcial paper ? RYLES ON BILLS. ChAF'TEHS (>, 7 8, AM) 10. 1. On what must a bill or iiotr be wiittfii ? 2. How of the writing ? 164 3. Is date or place essential ? 4. How of signature ? 5. If no time of payment is stated, when is it payable ? 6. What is payment at one or more usances, or at half usance ? 7. What does " after sight " mean in a note and in a bill ? 8. When a bill is made to a fictitious person and his name in- dorsed, what is the effect? 9. What if payee's name be left blank? 10. Are the words " value received " necessary, or any other con- sideration, to be expressed? 11. Is a bill payable to drawee's order, but signed by him, good ? 12. Where must the signature be? 13. If draAvee's name is omitted but some one accepts it, is it good? 14. Can a bill on one be accepted by another ? 15. How if drawn on one and, in case of his absence, on another ? 16. How if drawn on three and accepted by two ? 17. How if drawn on himself? 18. In favor of himself? 19. Is a non-negotiable bill or note a good bill or note ? 20. How if endorsed by payee ? 21. If doubtful whether an instrument is a bill or note how may holder treat it? 22. What is a bill drawn on the drawer himself? 23. How if drawn on a wife ? 24. If one indorsed order on a bond to pay it to a third person, is it a good bill? 25. If a note is signed A or else B, is it good ? 26. If payable to A, B or C ? 27. If drawn on a joint fund ? 28. How of parol evidence modifying the obligation inferred by law? 29. May a bill be delivered as an escrow ? 30. What must be averred and proved in regard to consideration of other simple contracts and what of notes, and what if defendant impeach the consideration ? 31. What of accommodation bills ? 165 32. By what proof can the onus be thrown on the plaintitV of sliowing a consideration ? 33. Between any immediate parties, what can be sliown as to consideration ? 34. How as to indorsees Avithout value ? 35. How of indorsees for value, but with notice ? 36. How if with notice, l)ut under a prior ])arty holding without notice and for value ? 37. What amounts to notice? 38. Will suspicious circumstances be sufficient? 39. What would be constructive notice? 40. Will a pre-existing debt be a sufficient consideration to i)ro- tect a holder ? 41. How of a fluctuating balance? 42. How of a prior debt of a third person ? 43. What if holder knows the want of consideration between maker and payee? 44. What in case of accommodation notes ? 45. How if le.ss than the face of them be given ? 46. How if indorsee knows that the notes are wilfully misap- plied by payee? 47. Can partial failure of consideration be shown in defence? 48. Can damages be shown in reduction of claim on a note? 49. How does fraud affect the note ? 50. How illegality in the consideration? 51. How as to bonafi(J( liolders? 52. How as to renewals of originals given loi' illegal considera- tion ? BYLES ON m l.LS. ChAPTRKS 11 AND 12. 1. What is the etfecl of in.lorHOiiient Iiy piiyceof iKiii-neumtialili notes ? 2. How is paper payable to bearer transferred ? 166 3. How notes payable to order of A B ? 4. How if payable to A for the use of B ? 5. How many kinds of indorsements? 6. What is the effect of a blank indorsement? 7. Wliat is tlie effect of a full indorsement? 8. How of form of indorsement — omission of the word order? 9. What is a restrictive indorsement? 10. How cnn a blank be made a full indorsement? 11. If the first indorsement is blank, what is the effect of sub- sequent indorsements ? 12. What can a holder do where the subsequent indorsements are full? In blank ? 13. What is a qualified indorsement ? 14. Can indorser enlarge his common law liability? 15. What is a conditional indorsement? 16. What is the contract of the indorser? 17. What does an indorsement admit? 18. What are the indorsee's rights? 19. What is his remedy if the party transferring to him has omitted to indorse ? 20. What if a bill comes back to the first indorser? 21. How if indorsee have notice of a trust? 22. How in case of restrictive indorsement? 23. What are the rights of transferee by delivery ? 24. To what kind of defence is the holder of overdue paper sub- ject? 25. What is the difference between taking an overdue acceptance and taking a bill not accepted, without notice ? 26. When will a note or bill be presumed to have been trans- ferred ? 27. When is a bank check overdue? 28. When a note payable on demand? 29. If a note be paid liefore due and circulated again, is it good in the hands of the indorsee ? 80. How if paid at maturity ? 31. How if a stranger pays a note in bank at maturity ? 167 32. If a bill be partially paid at maturity, what is the conse- quence to a new taker ? 33. How if it comes back to the acceptor and is reissued by him ? 34. Can it be indorsed for less than the whole amount due ? 35. What wouhl be the effect of sucli an indorsement ? 36. How must an indorsement be maile after deatli. b;inkru]->tey, or marriage ? 37. How does a pledge of bills, etc., di filer from a ])ledge of other things ? 38. Are notes, etc., the subject of larceny ? 39. Could they be taken in execution ? 40. Are they the subject of donatio mortis causa ? Chapter 12. 41. What is the difference between bills and notes, as to present- ment for accei)tance ? 42. When may a bill be presented for acceptance ? 43. How of bills paj^able so long after sight ? 44. How of promissory notes so payable ? 45. In what cases must a holder ])resent for acceptance a time bill ? 46. ]VIien must a sight bill be presented ? 47. U^iea a time l)ill ? 48. Where r 49. What if drawee is incompetent, dead, biiidcrupt, or absconded? BYLES ON 1^. I I.LS. Chapters 13, 14, amj 15. 1. What is an acceptance? 2. H:iH payee any right of nctiou .■lL^•lill;-l drawee before aeeept- ane.e ? 3. When an acceptance is payable at a banker's what is the latter's dutv ? 168 4. What if the bill omit the name of drawee and some one ac- cepts ? 5. If he is named, can any one else accept? 6. What if another writes his name under ? 7. Can there be a blank acceptance ? 8. Under what circumstance can there be an acceptance of a non-existing bill ? 9. Does this apply to sight bills? Why? 10. Was a verbal acceptance good ? 11. What kind of bills were considered accepted as soon as drawn ? 12. What of acceptance after maturity? 13. When will an acceptance be presumed to have been made? 14. What form is a sufficient acceptance? 15. Is mere detention an acceptance? 16. Is a holder bound to receive a verbal acceptance ? 17. Or a conditional one? 18. What must he do if he takes a conditional acceptance? 19. Can the condition be shown by parol ? 20. What if an acceptance vary from the bill ? 21. What of an acceptance payable at a particular place? 22. After acceptance, what is acceptor's relation to other parties ? 23. What distinction is there as to releases, between commercial paper and other contracts? 24. How of taking other security, as the separate note of one partner ? 25. What does acceptance admit ? 26. How, if drawn payable to drawer's order, as to his indorse- ment? 27. How, ordinarily, is a demand to be made for payment? 28. Must it be personal ? 29. At what place must it be ? 30. How, if made payable at a particular bank, as to acceptor or maker and as to drawer or indorser? 31. How in case of bankruptcy, death, or removal ? 32. How as to guarantors ? 169 33. When a bill is made payable so many days after date, is the day of date excluded ? 34. What does " month " mean ? 35. What are days of grace ? 36. On what day is payment to be demanded ? 37. How in case of holidays intervening V 38. Bills on demand and checks are to be demanded when? 39. Promissory notes on demand? 40. Bank notes ? 41. How when both pass through several hands? 42. At what time of day should a demand be made? 43. How if th»' bank where the note is payable is the holder? 44. What circumstances will excuse want of presentment for payment ? 45. How if drawer has no funds in drawee's hands? 46. How if he have a right to expect payment? 47. How of acceptance for acconniiodation of any of the parties? 48. How of waiver of the laches ? 49. How if a party has received security or indemnity against loss ? 50. Will knowledge by drawer of acceptor's inability to pay excuse ? 51. Who is entitled to receive payment? 52. Wliat would be a payment out of the usual course of busi- ness? 53. If a note is payable to order, wliat of payment to hoKk^- through a forged indorsement? 54. What payment will discharge a note V 55. Wliat is the effect of part payment by a drawee to the holder? 50. What of payment by a stranger? 57. Wliat is the effect of payment at maturity ? 58. Before maturity ? 59. On payment, what is maker's right to possension of note? 60. Indorser's? 61. How if acceptor's check \>r taken and not paid? 62. How should payment be made? 170 63. Will a legacy of debtor to holder be a payment? 64. What rights does payment by drawer or indorser give him ? BYLES ON BILLS. Chapters 16 to 22 inclusive. 1. What was the common law rule as to release or satisfaction of contracts? 2. What is the presumption when a negotiable note is taken for a debt ? 3. What is the effect of taking a higher security ? 4. Does recovery of judgment against one affect the recourse against the others ? 5. What is the effect of taking a note or bill on account of pre- vious debt? 6. Is a covenant not to sue pleadable as a release ? 7. How if it is not to sue for limited time ? 8. How as to such covenant to one of joint debtors ? 9. Who are principals and who sureties on commercial paper ? 10. What is the effect of release to principal? 11. What on prior parties of release to subsequent ones ? 12. What kind of agreement of forbearance with principal will discharge the surety ? 13. How if judgment is to be entered in case of default? 14. How if the agreement is void under the Statute of Frauds ? 15. What is the effect of tender after maturity ? 16. What difference between release to one of several joint promisors and to principal ? 17. What of surrender or loss of collaterals by holder? 18. What if holder release maker's person or goods taken in execution ? 19. What effect has discharge in bankruptcy of maker ? 29. What if bill be given up for a new one of drawee taken before acceptance ? 171 21. When will giving time to acceptor not discliarge the other parties? 22. When will discharge of surety discharge principal ? 23. Are successive indorsers co-sureties entitled to contribution from each other? 24. How as to joint drawers or indorsers ? 25. On refusal of acceptance, what i? tlio holder's next duty? 26. What is a protest ? 27. By wliora is it to be drawn up? 28. What paper must be protested ? 29. In the absence of a notary, by whom ? 30. When must protest be made ? 31. What is protest ./'or better security ? 32. What excuses omission to protest ? 33. W^hatnot? 34. Is protest of inland bills or notes evidence of dishonor? 35. What is an acceptance sxijira protest f 36. Can more than one accept supra protest ? 37. Can drawee after refusing to accept, accept supra protest? 38. Is holder obliged to take acceptance supra i)rotest? 39. What if he does ? 40. To whom is acceptor for honor liouiul, and against whom may he have recourse? 41. What does his acceptance admit ? 42. What is ])ayment for honor ? 43. How is it done? 44. What rights does it give the ])arty ? 45. What is tilt' difffreiu'c bctwr-cn giiarantitr and iridurser as to notice? 46. Is knowledge by a party sufficient without formal notice? 47. What must the notioe contain ? 48. .Must it be in writing? 49. How must noticj; be Kent to iion-residcnf parties ? 50. What })roofs of iiotier- may In- given? 51. How must it in- iiddrtssrd to a pf-rsiin in a large town ? 52. How where th»' party resides in the country? 53. Can it be sent by private meBsenger? 172 54. If indorser lives in the same town where the bill is payable, where and how must notice be sent? 55. If a party direct a notice to be sent to a place distant from his home, how? 56. When must it be given in the same town ? 57. How, if sent to another town ? 58. What right has each indorser, receiving notice ? 59. How of a bank holding for collection? 60. By whom must notice be given? 61. How if a party has been discharged? 62. If one indorser give notice can the holder avail himself of it ? 63. What is the duty of a creditor holding as collateral ? 64. To whom should notice be given ? 65. What is the effect of notifying one and his notifying the next, etc. ? 66. What if one in the line fails? 67. Can extra diligence of one make up for the fault of others ? 68. In case of bankruptcy or death, how is notice to be given ? 69. How as to partners ? 70. How as to joint indorsers, not partners ? 71. Is one transferring by delivery entitled to notice ? 72. What difference is there between transfer in payment of pre- vious debt and transfer in payment for goods ? 73. Is guarantor entitled to notice? 74. If indorser binds himself by bond, will his discharge on the note discharge the bond ? 75. What is the consequence of omission to notify drawer and indorsers ? 76. Is the indorser, not notified, discharged from the original consideration ? 77. Can one of several so discharged .pay the bill and sue the others ? 78. What will excuse want of notice to drawer? 79. When will absence of funds in drawer's hands not be an excuse ? 80. Does it dispense with notice to indorsers ? 173 81. How of a shifting balance in accounts between drawer and drawee? 82. How is the holder's laches waived ? 83. What is necessary to make the waiver good ? 84. What of his legal ignorance ? BYLES ON BILLS. Chapters 28 to 33 inclusive. 1. Does a tinder acquire property in a lost bill payable to bearer ? 2. How of bona fide taker from him? 3. Does loss dispense with demand, etc.? 4. If a note be in defendant's hands, what is plaintiff's course? 5. Can recovery be on a lost bill or note, and what difference l)etween negotiable and non-negotiable? 6. Wluit difference l)etween maker and indorser? 7. What is the relief given in equity? 9,. What is the eflcct of taking a note on account of an exist- ing debt? 9. How if taken at the time for goods sold ? 10. What eflect if the note is taken only as collateral? 11. What is a creditor's duty who tiikes the note or bill of a third i)erson? 12. What if he fails to i)resent and notify? 1?>. What if h(! i)asses off the jiaper to a thin! [.crson? 1 1. How are sealed instruments alfected by taking note or bill ? lo. In what case will a new note lie presumed a satisfaction of a prior debt? ir>. What is the eH'ect of taking a note, on a lien ? 17. What if the note be dishonored? 18. What is the object of sets of foreign hills? 19. What is the condition on which each is payable? 29. On transfer, what must each indorsee do? 174 21. What is the effect of paying one? 22. How if they get into different innocent persons' hands? 23. By what hiw are the contracts of the different parties to com- mercial paper governed ? 24. Where does the drawer and where the indorser promise to pay? 25. What law determines whether protest and notice shall be necessary and as to the form? 26. By what law is the question of grace determined? 27. Interest? 28. Stamps? 29. Limitations? 30. Set-off? 31. Who is entitled to sue on a bill ? 32. What if plaintiff transfer before or after action brought? 33. Whom may the holder sue ? 34. The indorser who pays him? 35. Can an indorser sue intermediate parties in name of last in- dorsee, on payment to him ? 36. How of costs against acceptor ? 37. In trover for a bill what does plaintiff recover ? 38. How if the bill is surrendered ? 39. If judgment is paid, what becomes of the note? 40. W^hat is re-exchange and the right of the holder in regard to it? 41. Against whom has he this right ? 42. What is the legal par of exchange? 43. What is the real rate of exchange ? ^ LAW LIBRARY ^ UNIVERSITY OF ( ALIFORNIA LOS ANGELES UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 683 575 5