the equities are equal the law will prevail," "Equity follows the law," "Equity looks upon that as done which ought to be done," "Equity acts specifically and not by way of compensation," and "Equity acts in personam." 13. A., being indebted to B., gave him an order for goods on C., who was in no manner indebted to A. B. presented this order at C.'s store and received part of the goods. The balance of them were made up into packages and receipted for by B., on C.'s promise to deliver them on the following day at B.'s home. The next morning A. made an assignment for the benefit of his creditors, upon hearing of which C. refuses to deliver the goods, and thereafter B. brought an action of assumpsit against him for their value. Can he recover therein or not? 14. A. died intestate seised of a small piece of land, upon which B. held a mortgage for $500, and leaving to survive him his wife, C., who duly claimed her widow's exemption, under the act of April 14, 1851, which was set apart to her by the orphans' court, $40 in personal property and $260 out of the land; the appraisers having made return that the land could not be divided without injury to and spoiling the whole. Upon foreclosure of the mortgage by B., the land was sold for $300, exclusive of the costs, which was awarded by the sheriff to B.; his mortgage being the first lien on the land, but not a mortgage for purchase money. C. is dissatisfied with this award, and claims that she is entitled to the $260 set apart to her out of the land. How is she to obtain a judicial determination of the question, and what disposition should be made of it by the court? was Give the reasons for your answer. 15. What property of a decedent available at common law for the payment of his debts, what property of a decedent is now available for this purpose in Pennsylvania, and what steps must be taken by a creditor to secure the payment of his claims against a decedent's estate out of the respective classes of property available for such purpose? 16. A. and B. are copartners. The partnership property consists both of goods and of a large and valuable storehouse for the transaction of business. To what extent and how can a judgment creditor of A. obtain satisfaction of his judgment from the partnership property? Give the reasons for your answer. 17. What judicial power is conferred by the Constitution upon the United States; and in what courts is this power now vested either by the Constitution itself or by the acts of Congress? 18. Give some account of the courts of Jústice existing in England about the time of the reign of Edward I, pointing out their relations to each other, and the general character and limitations of the jurisdiction of each of them. 19. Explain and illustrate the meaning of the terms "duplicity," "departure," and "pleading over," when used in relation to pleadings at common law. Explain the purpose of the rules against both duplicity and departure in such pleadings; and state what defects in the pleadings on one side are cured by pleading over on the other. 20. At a sheriff's sale of the real estate of C., A., who had a judgment against C., refrained from bidding on the promise of B., a bidder at the sale, that, if A. did not bid up the property, he, B., would see that A.'s judgment was paid in full. The property was sold to B. Upon the distribution of the proceeds a part of A.'s judgment remained unpaid. He now brings an action of assumpsit against B. to recover the balance. Can he recover or not? Give the reasons for your answer. 21. By his last will and testament, A. devised all of his real estate to his daughter, B., provided she should not marry before attaining the age of 45 years, and, in case of her marriage at any time before reaching that age, then to his nephew, C., and his heirs. What was the effect of this devise? 22. A. drew to the order of B. his promissory note for $5,000, bearing date the 10th day of July, 1906, and payable three months after the date thereof. B. indorsed the note on the day of its date, when it was discounted by the X. National Bank, and the proceeds thereof, at B.'s request, credited to the account of A., by whom the money was subsequently drawn out and used. Upon maturity, the note was duly protested for nonpayment by A., and, on November 9, 1906, no payment having been made thereof by either A. or B., was sold and assigned by the bank to C., who paid therefor the sum of $3,000. On demand by C., B. has refused to pay the note, or any part thereof, alleging that he was an accommodation indorser only for A., and that C., not being an indorsee of the note in due course before maturity, has no right of action whatsoever against him thereon. As counsel for C., what advice will you give him as to his rights on the note against B.? Give the reasons for your answer. 23. When a copartnership firm and its individual members become bankrupt, how are the firm assets and the individual property of its members respectively distributed amongst the firm and individual creditors? Give the reasons for the method of distribution adopted by you. 24. Draw an indictment against B. for murder in the first degree, supplying whatever particulars may be necessary to make the indictment complete. 25. B., an iron manufacturer in X., wrote to A., an iron dealer in Y.: "I have to-day sent by way of the X. R. R., consigned to you, 30,000 pounds of blooms in 300 pieces, which please deliver to the order of C. at Z." The blooms arrived at Y., and were received by A., who immediately sent 80 pieces to C., together with a letter saying that the remainder would be held subject to C.'s order. Soon thereafter C. wrote to A., requesting him to send the remainder by boat; but before the boat had arrived and was ready to receive them, they were attached in A.'s hands by 'D., a creditor of C. B., hearing of the attachment, immediately notified A. not to deliver any of the blooms in his possession to C.'s order. Who has the right to the blooms, and how is the question to be judicially determined? Give the reasons for your answer. 26. A., the payee of a check for $6.50, raised the sum payable therein to $60.50. He then indorsed the check and offered it to B., a clothing merchant, in payment for a suit of clothes purchased from B., for $15. B., not having sufficient money in hand to cash the check for the excess over the value of the clothes, applied to C., who cashed the same without B.'s indorsement. A. received the clothes from B., and $45.50, the balance of the proceeds of the check. On presentation of the check at bank, the bank, discovering the alteration therein, refused payment. What remedy, if any, has C. against B., and can he recover the amount of the check from him or not? Give the reasons for your answer. 27. What are the rights and remedies of a person who has suffered injuries through the concurrent negligence of two or more corporations or persons? And what are the rights and remedies of the joint tort-feasors in respect to each other? 28. A statute of the state of Y. imposed a license tax of $300 per annum on all auctioneers. Is this statute in conflict with any provision of the Constitution of the United States, when applied to an auctioneer whose sole business is to sell, in the original packages, goods imported from another state? Give the reasons for your answer? 29. In the trial upon an indictment for conspiracy, what are the rules of law governing the admissibility in evidence of the acts and declarations of the alleged co-conspirators of the defendant? 30. A., after attaining his majority, in 1902, gave to his father, B., a written acknowledgment that he had received from B. $2,000 for school expenses during his minority, and also promised therein to repay to B. that amount out of the first moneys which should thereafter come into his possession. Upon B.'s death, a year later, it was claimed by A.'s brothers that the $2,000 should be set off against A.'s distributive share in B.'s estate. This A. refuses to permit. Can the set-off be legally enforced, and how should the brothers proceed to have the question judicially determined? Give the reasons for your answer? 31. What is necessary to constitute a valid and irrevocable gift of personal property (a) causa mortis; (b) inter vivos? 32. What are the duties of an attorney at law to the court, to his client, and to his professional brethren? 33. Explain the distinction between "mistake of fact" and "mistake of law," in so far as they may respectively affect the question of the guilt or innocence of the defendant in a criminal prosecution. 34. A. sued B., his physician and surgeon, in trespass to recover damages for malpractice in the treatment of a broken limb, and obtained a verdict for $500. After this verdict was rendered, and pending a motion for a new trial, B. brought suit against A. before a justice of the peace for medical and surgical treatment, and obtained a judgment for $100. Afterwards the rule for a trial was discharged by the court. B. now wishes to set off the judgment obtained by him against the judgment obtained by A. new Can he do this, and by what proceeding can the question be brought into court for judicial determination? Give the reasons for your answer. 35. Give some account of the nature and scope of the action of replevin at common law, and of its nature and scope under the practice now prevailing in the state of Pennsylvania. 36. Name, and briefly explain the nature of the different tenures by which lands were held in England prior to the reign of Charles II. 37. A. died intestate in the year 1900. At the audit of the account of the administrator of his estate in 1902, his widow made claim for the principal and interest of a promissory note, given to her by A. after their marriage in 1875, for the sum of $1,500, and payable on demand, with interest from date. The note was duly proved, and it was also proved that, at or immediately before the time it was given, the widow had received a legacy for the amount therein named. The claim was resisted by A.'s creditors and next of kin, on the ground that it had not been sufficiently proved, that it was barred by the statute of limitations, and that in any event the widow was not entitled to interest thereon, except from the time of her husband's death. Should or should not the claim have been allowed, either in whole or in part? Give the reasons for your answer. 38. A. had been speculating in wheat through B., a commission broker. To secure to B. an indebtedness thus incurred to him, and to provide margins for future speculations, he executed to B., his promissory note, and assigned as collateral security therefor a mortgage held by him on certain lands in Pennsylvania. B. thereafter issued a sci. fa. on the mortgage to enforce its collection, when A. filed a bill in equity to enjoin these proceedings and to set aside the assignment, on the ground that the transactions for which it was given were gambling transactions, and therefore illegal and void. Should this relief here prayed for be granted or not? Give the reasons for your answer. 39. Briefly discuss the origin, the nature, and the extent of the admiralty jurisdiction in the United States, particularly stating under what authority and by what courts it is exercised, and how its limitations are determined in respect to both subject-matter and locality. 40. What are the purposes of a bankruptcy law? Under what authority and by whom are bankruptcy laws enacted in the United States? And what courts have jurisdiction in bankruptcy proceedings? 41. Briefly discuss the "police power" in respect to its origin, its nature, and its limitations, and give two or more concrete examples of its application in the United States. 42. A. painted an advertisement of his business upon the wall of a building belonging to B., which building at the time was under lease from B. to C., who was in possession of the premises, and consented to the painting of the advertisement. B. then brought an action of trespass against A. to recover damages for the injury done by the painting on the wall of the building. Can he recover? If so, why? If not, why not? 43. A. leased to B. a house, No. 100 Main street, in the borough of X. B. being in arrears for rent, A. distrained certain household goods of C., which had been removed from the house and were standing on the sidewalk of the demised premises and about to be loaded into a wagon. Can C. recover the goods, and how should he proceed to have this question judicially determined? Give the reasons for your answers. 44. What is an ultra vires contract, and under what circumstances, if at all, can such a contract be enforced against either of the parties to it? Give the reasons for your answer. 45. What are the provisions of the Constitution of Pennsylvania respecting the "freedom of the press," the "rights of conscience," and the "freedom of religious worship." 46. Briefly explain the origin, nature, and purpose of any five equitable remedies which you can recall; and illustrate the application of each of them by concrete examples. 47. A. was the nephew of B., an old man without children, who owned much property in the town of X. For many years, at B.'s request, A. had rendered him valuable services in the management of this property, and B. had often said to his friends that A.'s services had been of great value to him, and that he was going to give A. a certain lot and house, into which A. had moved with B.'s consent, upon which he had made many valuable improvements, and which was in his possession at the time of B.'s death. B. died intestate, without having made an actual conveyance of the lot and house to A., or otherwise compensating him for the services rendered. A. now wishes to enforce the conveyance of the house and lot to himself by the administrator of B.'s estate, and has employed you to conduct the case for him. In what court, and how, will you proceed. and can you succeed in obtaining a decree directing the conveyance to be made? Give the reasons for your answer. 48. When and how was the Constitution of the United States adopted, and what is its general purpose and effect: (a) As respects the functions and powers of the federal government of the United States; and (b) as respects the functions and powers of the individual states? Dates, Places, and Filing of Application for Bar Examinations THE HE following items in regard to the Bar Examinations to be held in the different states during the period from May 15, 1912, to May 15, 1913, have been compiled from information specially supplied for the purpose by the proper. authorities in each state. No attempt has been made to indicate the educational or personal qualifications which are demanded in any state to entitle the applicant to be examined, or to specify whether an examination is required, or whether the examination be oral or written, or both oral and written, or to state except incidentally, the authorities by whom the applicant's petition is passed upon. The greatest variety exists in the requirements in the different states. In many jurisdictions the graduates of certain named law schools within the state are entitled to admission on presentation of their diploma. In other states examination of all applicants is required. Some states require the applicant to have had a certain amount of general or collegiate education, followed by three years of legal study, while others limit their requirements to one or two years study of the law. Many states have a special Board of Law Examiners, whose certificate is essential to obtaining license to practice. In others the examination is conducted personally by the justices of the Supreme Court, intermediate courts, or county courts, and the examinations are held specially in each case, as occasion arises, or at specified times regulated by statute or rule of court. To classify the rules on these matters is outside of the scope of this article, but reference has been made to some person in each state qualified to furnish desired information. Those who wish detailed information as to the rules of more than one state should write to the West Publishing Company for a free copy of the pamphlet entitled "Rules for Admission to the Bar in the Several States and Territories" (6th Edition, 1911). The object of the following synopsis is to give the time and place of each regular examination, and to indicate how long in advance notice of intention to take such examination must be given, the person with whom application must. be filed, and the amount of the examination and other fees required in each jurisdiction, and, lastly, the person to whom inquiries for detailed information may properly be addressed. Alabama. No advance notice of intention to be examined is required. The examination fee of $10 may be paid at any time before the examination begins. Examinations are scheduled to be held as follows: Montgomery (State Capitol), July 9, 1912, and January 14, 1913. For detailed information and blanks, address Thomas E. Knight, Greensboro, J. W. Thorington, Montgomery, or R. F. Ligon, Clerk of the Supreme Court, Montgomery. Arizona. The Board of Bar Examiners existing under the territorial government has resigned and a new State Board had not yet been established at date of writing; hence no information is available. Arkansas. A petition for a license must be filed (by persons not already having a license from the circuit court) one week prior to the date on which it will be heard. All petitioners are examined by the Supreme Court, there being no special Board of Bar Examiners. The regular quarterly examinations are scheduled to be held as follows: Little Rock, July 1, 1912, October 7, 1912, January 6, 1913, and April 7, 1913. No examination fee is required, but a fee of $15 is payable on admission to practice. For detailed information, address P. D. English, Clerk of the Supreme Court, Little Rock, Ark. California. Bar examinations are conducted by the District Courts of Appeal of the three appellate districts respectively. Intention to be examined must be signified (at least one day in advance in the First district; ten days, in the Second district; three days, in the Third district) by filing a written application. A fee of $10 is payable at time of filing. Examinations are held as follows: San Francisco, First district, every three months.1 Los Angeles, Second district, July 15, 1912, and January 20, 1913. Sacramento, Third district, July and January.2 Examinations may be held at other dates at the pleasure of the courts. Applications and inquiries should be addressed to the clerk of the District Court of Appeal of the particular district in which it is desired to be examined. Colorado. All credentials necessary in case of application must be filed with the secretary of the Committee of Law Examiners at least ten days prior to examination. No filing or other fee is chargeable by the committee, but $20 must be paid before the clerk of the Supreme Court can issue license to practice. Examinations are held in June and December, the exact dates being specified and published about six weeks in ad vance. For detailed information, address W. A. Spangler, Esq., 720 Kittredge Building, Den ver. Connecticut. Application to take the May and December examinations must be filed with the Superior Court where the examination is to be held, not later than May 1st or December 1st, respectively. The examination fee of $10 is payable at least one week prior to examination. Examinations are scheduled as follows: New Haven, May 31, and June 1, 1912. Hartford, December 27 and 28, 1912. For detailed information, address Clerk of the Superior Court, New Haven, Connecticut. In the First district the rules of court do not designate any special dates of examination, and in supplying information to the editor the clerk of court stated that dates of examinations are not fixed at any considerable time in advance. 2 Exact date of regular examinations for the coming year have not been fixed upon. Delaware. Examinations are held before each term of court at dates fixed by the Board of Examiners. The terms of court are scheduled to begin as follows: Wilmington (Newcastle County), September 16, 1912, November 4, 1912, January 6, 1913, March 3, 1913, and May 5, 1913. Dover (Kent County), July 1, 1912, October, 21, 1912, February 17, 1913, and April 21, 1913. Georgetown (Sussex County), June 17, 1912, October 7, 1912, February 3, 1913, and April 7, 1913. For detailed information, address H. H. Wood, Secretary of Board of Law Examiners, Dupont Building, Wilmington, Del. Florida. Applicants must file at least ten days prior to the examination. No examination fee is required, but the successful applicant must pay a $5 fee to the clerk of the Supreme Court before the latter can issue certificate of admission. Examinations will be held as follows: Tallahassee, June 11, 1912, and January 14, 1913. For detailed information, address Hon. Milton H. Mabry, Clerk of the Supreme Court, Tallahassee, Fla. Georgia. Applicants are examined in the circuit where they reside or have studied law, by the judges of the superior courts. Examinations are held on the same dates throughout the state, the questions asked being prepared by the State Board of Bar Examiners. The examinees' answers are transmitted to the Board, which thereupon reports the results back to the judges, with recommendations as to admission of applicants. Petition for admission must be filed with the judge of the superior court ten days prior to examination, and in so filing the applicant must present receipt from the chairman of the Board of Bar Examiners, showing payment of the $15 examination fee. Examinations are held on the following dates: June 12, 1912, and December 11, 1912. For blanks and detailed information, address Alexander C. King, Attorney, Chairman of the Board of Bar Examiners, Atlanta, Ga. Idaho. Credentials and applications for admission must be filed with the clerk of the Supreme Court not later than the day before examination. No fee is required as prerequisite for being examined, but fees amounting to $27 are payable as a condition of admission. The following examinations are scheduled: Boise, May 18, 1912, and September 14, 1912. Lewiston, October 12, 1912. Boise, November 30, 1912. Dates have not yet been fixed for examinations during 1913. For detailed information, address I. W. Hart, Clerk of Supreme Court, Boise, Idaho. Illinois. Application for admission must be filed with the secretary of the Board of Bar Examiners at least three weeks prior to examination, a fee of $10 being payable on filing. Examinations are scheduled to be |