awarded the prize, consisting of a gold medal, To Charles Aloysius Maria Lighthound, who from among the candidates from Liverpool or Preston in the year 1878 has shown himself best acquainted with the law of real property and the practice of conveyancing. has otherwise passed a satisfactory examination, and has attained Lonorary distinction, the council have awarded the prize. consisting of a gold medal, founded by Mr. John Atkinson, of Liverpool. [We hope to publish the questions which Mr. QUESTIONS FOR THE FINAL EXAMINA- FIRST DAY. I. PRELIMINARY. II. PRINCIPLES OF LAW AND PROCEDure. In matters usually determined or administered in 6. Discuss the maxim Vigilantibus non dormien- 7. In partnership and administration actions, what advantage, as regards subsequent proceedBRODERIP PRIZE for Real Property and Con-ings, is gained by indorsing the writ of summons with a claim that an account be taken? 8. Define a demonstrative legacy, and compare 30. In what cases is it unnecessary to prove the execution of deeds, other than by their mere production? 31. What steps should be taken, and within what time, to obtain the renewal of a writ of summons; and how long will the renewed writ be in force? 32. Can a defendant, in an action for recovery of land, limit his defence to a part only of the land? and, if so, what step should he take? 33. A document, by law requiring a stamp, is tendered in evidence at the trial of an action, but rejected for want of a stamp. How can the party seeking to put the document in evidence get over the difficulty? In answering this question, it may be assumed that the document is not one which requires stamping before it is executed. 34. What evidence is necessary to obtain an order for leave to issue a writ for service out of the jurisdiction of the Supreme Court? 35. How can the service of a writ be effected, where the defendant is a lunatic, or person of ursound mind? SECOND DAY. SONAL PROPERTY AND THE PRACTICE OF veyancing.-Open to all Candidates. Ernest Egbert Blyth, B.A., having, among the candidates in the year 1878, shown himself best acquainted with the law of real property and the practice of conveyancing, having passed a satis-action marked "short" and what notices must QUESTIONS ON THE LAW OF REAL AND PERfactory examination, and having attained honorary distinction, the council have awarded to him the prize, consisting of a gold medal, founded by Mr. Francis Broderip, of Lincoln's-inn. Mr. Blyth served his clerkship with Mr. William Henry Tillett. of Norwich; and obtained a prize in November 1878. SCOTT SCHOLARSHIP.-Open to all Candidates. Ernest Egbert Blyth. B.A., being, in the opinion of the council, the candidate best acquainted with the theory, principles, and practice of law, they have awarded to him the scholarship founded by Mr. John Scott, of Lincoln's-inn-fields, London. BIRMINGHAM LAW SOCIETY'S PRIZE for Candidates fnom Birmingham. The examiners also reported that among the candidates from Birmingham in the year 1878 there was no one qualified to take the prize for that year. HEELIS PRIZE for Candidates from Manchester or To William Eaton. B.A., who from among the candidates from Manchester or Salford in the year 1878 passed the best examination, and who attained honorary distinction, the council have awarded the prize, consisting of a gold medal, founded in memory of the late Mr. Stephen Heelis, of Manchester. Mr. Eaton served his clerkship with Messrs. Earle, Son, Orford, Earle, and Milne, of Manchester, and Messrs. Rooke and Son, of London; and obtained a prize in November 1878. be proved to have been served should the defen- 10. In what cases will the court open accounts 11. When may a plaintiff amend his statement of claim without an order? CONVEYANCING. 36. What is livery of seisin? How many kinds livery be made? of livery were there? and of what property could 37. What is a defeazance deed? 38. "A" dies intestate, and without issue, 12. A. the solicitor for B, the plaintiff in an leaving the following relatives: A son of his wife action to recover a bond debt due from C, purby a former marriage, a sister of the half blood, a son of a deceased brother of the half blood, a chases the debt from B pendente lite. He after-grand-daughter of a deceased brother of the whole wards assigns it for value, without notice of the blood, and a son of a deceased sister of the whole circumstances, to D, who gives notice to C of his blood. Who is assignment. Advise on D's title to the debt? 13. Sketch the common form of affidavit of documents under an order for discovery. 14. In what cases is the court empowered by the "Judicature Act 1873" to grant an injunction ? 15. How soon must an appeal from an order in mortgage, devises it to B. and by his will gives his 39. Under the circumstances stated in the last question, who would take as A's " "next-of-kin under the Statute for Distribution of Intestates' Effects, and in what shares? 40. In a conveyance of land by tenants in common, what covenants for title do the vendors enter into, and are such covenants limited in any way? with "B," devises his moiety of land to "C" 41. "A," seised in fee of land as joint tenant What is the effect of his will on the joint tenaney? Give the reason for your answer. 42. On the death of a vendor, who has entered into a contract for sale of land, prior to comquire to be proved on each occasion of paying re17. What fact does the Chancery paymaster re-pletion, who, in the absence of any express direc gular dividends under a power of attorney, and how is such fact evidenced? 18. What are the rights of beneficiaries against a trustee who has traded with the trust moneys, INCORPORATED LAW SOCIETY, U.K.- but subsequently replaced them in proper investments ? EQUITY CLASSES. THE LECTURER'S AND READER'S EXAMINATION. 1. Distinguish between general, specific, and demonstrative legacies. 2. Distinguish between the leaning of the court in cases (a) of satisfaction of a portion, and (b) satisfaction of a debt. 3. What are the leading characteristics of a donation mortis causâ? Distinguish between it and a legacy. 4. Election proceeds not upon forfeiture but upon compensation. Explain the meaning of this phrase. 5. A testator, who died in the year 1830, by his will (attested by two witnesses) bequeathed £1000 to A, his heir-at-law, and devised his real estate away from A. Is A put to his election? 6. Explain briefly the doctrine of conversion, and state at one time it takes place, distinguishing in this respect between conversion directed by will, and conversion directed by deed. 7. Explain the doctrine of Reconversion, and give a simple instance. 8. State the general effect of "The Partition Act of 1868, and distinguish between sections 3, 4, and 5. 9. State briefly the circumstances under which dissolution of a partnership will be ordered by the court. 10. What is the order in which the assets of a deceased person are administered? 11. After an administration order has been made in the Chancery Division, can an action brought by a creditor in some other division against the personal representative be restrained by injunc. tion? Is there any other remedy? 12. What power of disposition has a married woman over her separate estate? How does it devolve in the event of her dying intestate? 13. How far is a husband answerable for his wife's debts contracted before marriage? 14. What is meant by the wife's "Equity to a settlement "? 15. What jurisdiction have County Courts (a) in granting probates of wills and letters of administration, and (b) in partition actions? 22. A is killed in a railway accident caused by the negligence of the railway company; A leaves a widow and children. Have they any, and what, right of action against the company? If so, is there any, and what, limited time within which such action should be brought? 23. State whether a tenant is liable under any, and what, circumstances to pay rent of premises becoming due after they have been accidentally destroyed by fire. 24. What is meant by the term "contributory negligence" in actions for negligence? Give an instance in which proof of such negligence would defeat the action. 25. Can a landlord under any, and what, circumstances distrain upon the goods of his tenant's lodgers for rent due from his tenant? 26. In what cases is it necessary to present a bill of exchange to the acceptor for payment before an action can be maintained against him upon the bill? 27. What is the law with respect to the liability of a husband for the debts of his wife contracted before coverture? Refer if you can to any statute upon the subject. 28. Action against a magistrate for something done by him in the execution of his duty. Is there any, and what, preliminary step to be taken before commencing such action? 29. When may a plaintiff be compelled to give security for costs? In an action of tort, the defendant having good grounds for believing that the plaintiff will be unable to pay costs, what course should he adopt? tion in his will, are the parties to carry out the contract and receive the purchase-money? 43. On a sale by anction of freeholds in lots, where one of the lots is not sold. who is entitled to the title deeds in the absence of any stipulation in the conditions providing for such a contingency. 44. "A." seised in fee of certain real estate, mortgages it to "B" for £10,000. He subsequently £12.000, and pays off sells a portion of such real estate to C" for B's" mortgage out of the A" in the purchase-money, "B" joining with conveyance to C." "B" subsequently dies intestate. estate to trustees upon trusts for sale. On the "A" dies, having devised all his real sale by "A's" trustees of the real estate for merly mortgaged to "B," who are the parties to convey to a purchaser ? 45. What is a tenant on sufferance, and how may such a tenant be evicted? by a trader of personal property in possession 48. What is the effect of a voluntary settlement and in reversion respectively, with regard to & subsequent bankruptcy of the settlor? with payment of his debts, within what time must 49. If a testator charge his personal estate creditors enforce their claim? Is there any and what difference if the debts be charged on the real estate; and again, if there be an express trust to pay debts out of the real estate? 66 50. Define the terms "maintenance" and champerty." THE LAW AND PRACTICE OF BANKRUPTCY. 51. What (if any) are the exceptions to the rule that, after adjudication, the creditors of a bankrupt have no remedy except as directed by the Bankruptcy Act? 52. A trustee determines not to disclaim the bankrupt's copyholds. What course ought he to adopt? And in what way are the copyholds transferred? 53. A creditor holds a bill of sale as security for part of his debt, and in order to enter into possession, pays off the sheriff who has seized, but not sold, under a judgment for less than £50. Is he entitled to retain the goods as security for, or to sell them in order to raise the unsecured portion of his debt, and the sum paid by him to the sheriff or either of such sums? If not, could he have made arrangements so as to acquire either of such rights? 51. A bankruptcy is deemed to have relation back to, and to commmence at the time of the act of bankruptcy "being completed." When are the different kinds of acts of bankruptcy deemed to be completed"? Explain the rule which fixes the different periods. 55. What steps ought to be taken on behalf of UNIVERSITY OF LONDON.-PASS LIST. FIRST LL.B. EXAMINATION.-1879. FIRST DIVISION.-William Gurney Angus, pri- College, Cambridge. George Sydney Milton John- UNITED LAW STUDENTS' SOCIETY. THE fifteenth inaugural meeting of this society inn Hall, Strand. The chair was taken by the was held on Wednesday evening, at Clement'sSolicitor-General, and amongst those present were: Sir Patrick Colquhoun, Q.C., Mr. Morgan Howard, Q.C., Mr. H. M. Cookson. Q.C., D.C.L. ; Lake, Mr. W. Griffith, B.A., Mr. W. Dowson, Mr. W. C. Owen, Mr. Rubenstein, Mr. Moyle, Mr. Eady, LL.B., and Mr. Smith. the creditors of an officer on half-pay who has private study. Thomas Bateman Napier, private Mr. Grinham Keen, Mr. Charles Ford, Mr. B. G. been adjudicated bankrupt? 56. When a member of a partnership has been adjudged bankrupt, how is payment enforced of debts due to the partnership, and what are the rights of the solvent partner? 57. What sums are to be included in determining whether an execution against a trader is for a sum exceeding £50? -53. In cases of liquidation by arrangement, what alternative courses can the creditors adopt as to the debtor's discharge? 59. Payment of a composition is secured by the Covenant of a surety with a trustee for the creditors. The surety fails to pay. What remedy has the trustee? And how can the creditors compel him (if necessary) to enforce it? 60. A shareholder in a company, registered under the Act of 1862, becomes bankrupt, having paid all calls then due. The trustee disclaims the shares which remain in the bankrupt's name. After the bankrupt has obtained his discharge the company is wound up, and calls are made. No future calls were proved in the bankruptcy. Is the bankrupt liable for such future calls? Give reasons for your answer. CRIMINAL LAW AND PRACTICE PROCEEDINGS BEFORE JUSTICES OF THE PEACE. 61. Has a magistrate any power to grant a judicial separation; if so, under what circumstances, and quote the Act of Parliament (if any)? 62. What words (if any) must a magistrate address to a prisoner before committing him for trial? 63. What class or classes of persons are privileged from giving evidence? 64. What is the punishment of an accessory, after the fact, to murder? 65. What, if anything, is it necessary to obtain for the prosecution of a trustee for fraud? 66. Mention six at least of the principal offences which are not triable at quarter sessions. 67. (1) By what Act of Parliament was forfeiture on conviction of treason or felony abolished? (2) Give the Pawnbrokers' Act. (3) Give the Malicious Injuries (Person) Act. (4) Give the Malicious Injuries (Property) Act. 68. In what cases will the court refuse to quash an indictment at the instance of the prosecution? 69. State the courts of summary jurisdiction, and what constitutes them. study. Herbert Rooke Oldfield, private study. Sir Hardinge Giffard, Q.C., M.P., who was warmly received, congratulated the society upon its strength and vigour, seeing that it had grown and increased from small and voluntary efforts. He thought it was characteristic of the country departments, and he suspected that if they were that the volunteer spirit ran through so many to inquire into the amount of useful knowledge that had been conferred upon the general storehouse of information, it would be found that the unaided and voluntary efforts of this country had certainly contributed their due proportion of inSECOND LL.B. EXAMINATION.-1879. formation to the world. (Hear, hear.) He supFIRST DIVISION.-Alexander Kaye Butter- posed that the Inns of Court were themselves one worth, private study. Frederick Joseph Mogg of the most striking examples of purely voluntary Gould, University College and private study. Wil-associations, which were devoted to the study and liam Frederick Hamilton, private study. Arthur practice of the law. Not only upon the vigour of Oldham Jennings, private study. Harry Newson, the society, and of its voluntary character, did he Middle Temple. John James Sidebotham, private congratulate them, but also with respect to the study. Philip Folliott Scott Stokes, B.A., private tone and spirit which these and kindred associastudy. tions showed, to the interest of this country, in SECOND DIVISION.-Joseph Gundry Alexander, the spirit of free debate and of independent private study. Henry Barber, University College. thought, as distinguished from the lazy, indolent Charles Henry Ernest Fletcher, Cheltenham Col- acceptance of dogmatic teaching, (Hear, hear.) lege and private study. James Ernest Fletcher, In times gone by truth was sought for by someprivate study. William Ebenezer Grigsby, pri- what different processes, and in this country, and William Percy Pain, private study. John William society and kindred associations, he thought the vate study. Beaumont Morice, private study. in his own time, he was sorry to say; but for this Piercy, private study. Thomas William Ratcliff, notion of accepting debates upon truth, and asprivate study. Charles Frederic Richardson, B.A., suming an impartial and unbiassed auditory, was private study. Henry Arthur Smith, M.A., private unknown, except in their courts of law. In scientific study. Walter Barnett Styer, private study. and learued societies men came with their opinions Stephen Horton Williamson, private tuition. formed, with their teaching defined, and they Howard Young, private study. were supposed to disclose and explain what they assumed to be true. They might accept criticismin truth they could not help it, but that was not the object of the proposal; they did not come to be informed that they pronounced dogmatic truth for authority. In the first place, he thought that jwas a mischievous tendency for more than one reason. One of the great difficulties, he believed, in the way of ascertaining truth and arriving at a right conclusion was the lazy and indolent search after it. (Hear, hear.) It was, as he had said, only in courts of law that they had preserved the practice of assuming some debated question to be debated by competent arguers before an impartial tribunal. The practice of antiquity was the other way. Those who evinced a reasonable desire to arrive at the solution of truth might be benefitted by an encounter with different men who regarded truth from a different aspect than they had been in the habit of looking at it. He thought it was unfortunate for civilisation and the intellectual advancement of the world that that practice had fallen into desuetude, but in courts of law the free debate on a given subject should be a part of its science. If one looked at courts of law and other tribunals of that kind, it would be found that that object being steadily regarded, it would get rid of crude notions which people ought to look upon with a certain amount of jealousy and suspicion. He had heard from time to time discussions of this character; but it must be remembered by barristers or attorneys that in courts of law truth BRISTOL LAW STUDENTS' DEBATING A MEETING of this society was held in the Law 70. Is it lawful to compound either a felony or a misdemeanor, and, if so, under what circum-siderable discussion had taken place, the question stances? THE LAW AND PRACTICE OF THE PROBATE 71. Give the order of preference in which next of kin stand in respect of their right to administration. 72. A sole executor becomes lunatic before taking the grant: what grant will the court make? and to whom? 73. In proving in solemn from the will of A., who died leaving a widow and various relatives, and who by his will devised real estate, whom is it necessary to cite ? HULL LAW STUDENTS' SOCIETY. called 74. An heir at law becomes a party to a probate and in the absence of the first affirmative speaker, action in which the will is established; can he, if upon Mr. Gardam to open the debate. All the negative speakers being absent, the chairman dissatisfied with that decision, take other proceed-requested Mr. Redfearn to speak in the negative. ings to contest the will? could only lay on one side, though he had known plausible arguments on the wrong side mislead (Laughter.) people, particularly old ladies. On his recovery, he in 75. A man, in a fit of temporary insanity, throws his will into the fire. structs his solicitor to prepare another will, differing materially from that which he burnt, but he died without executing such new will. Could the burnt will be established? Give a reason for answer. your 76. What is a "script"? 77. What is necessary to establish connivance by the husband at the wife's infidelity? 78. Define "condonation," and give example. 79. Upon what grounds can a petition be presented praying for the reversal of a decree of judicial separation? 80. A native of, and resident in, the Isle of Man, who has been living separate from his wife (who also is a native of the Island), pursuant to a deed, which contains a covenant that the wife shall not proceed against her husband for a divorce, &c., is served, whilst on a visit in Manchester, with a citation for divorce on the ground of bigamy in Ireland. What steps would you take on behalf of the husband to defeat the action? MR. COURTENAY STANHOPE KENNY, L.L.M., has been awarded the Yorke Prize at Cambridge University for the best essay on "The History of the Law of England with regard to the effect of marriage or property, and on the wife's legal capacity." Messrs. Crosby and Booth supported the affirma- affirmative nem. con. LAW STUDENTS' DEBATING SOCIETY. AT the meeting of this society held at the Law Institution, Chancery-lane, on Tuesday evening. the 21st inst., Mr. J. E. Stevens in the chair, the question for debate was: A testators bequeaths his leasehold colliery to trustees, upon trust in case they should consider it beneficial so to do, to work the colliery with a declaration that all losses should be paid and borne out of the trust estate. Is the person who is under the will entitled to the income of the trust estate for life entitled to enjoy the profits of the colliery in specie during his life" The cases referred to were Howe v. Lord Dartmouth (7 Ves. 137), Meyer v. Simonsen (5 D. G. & Sm. 723), and Thursby v. Thursby (L. Rep. 19 Eq. 395). Mr. R. Tood, in the presence of a well attended meeting, opened the discussion for the affirmative, and was supported by Mr. J. K. Wright, the negative being maintained by Mr. Upton and Mr. G. H. Bower. Some other members having addressed the meeting the opener replied, and the chairman summed up. On the question being put to the meeting the majority were for the affirmative. He People, however, moving in the world were able to recognise that truth was not altogether on the dogmatic side. No one was able to tell in the first instance what was true and what was right, and they had furthermore, having disentangled the facts to ascertain what they were, and when they were ascrtained they had to be debated upon. That being the condition of things, everyone should steadily keep in mind that which was the object of courts of law, and of those who were engaged in the administration of justice. thought that the solution of a good many of the difficulties that beset matters were very apparent and not far to seek. He believed that no more mischievous principle could be adopted than that people should suppose that there was absolute truth ascertained without discussion. He considered that nothing could be more destructive to the rights and liberties of mankind without free, strenuous, and zealous debate on both sides before any decision was arrived at. (Cheers.) He thought that societies of this sort were able to discuss these matters openly, and to find out what possible mode there might be of ascertaining the truth. The meanest criminal in the State was entitled to have his rights represented by an advocate, but it should never be his duty or right to misrepresent or juggle with truth. (Cheers.) When he mentioned the word "advocate," he wished to explain at once, and he repudiated the division which he had sometimes heard made between the technical sub-division of the branches of the Profession to which they might respectively belong, for the advocate in the sense he used the word included both branches of the Profession. (Applause.) It mattered not in the sub-division of labour they had rightly or wrongly adopted, the client's right represented both. He had used the phrase "ascertained facts," and the first thing an advocate must do in order to induce the court to listen to him was to look at the facts as they were established. He might deny the inference sought to be deduced before that, but he could not deny those facts which were known to be absolutely ascertained. He preferred an advocate to represent all that could be said on the part of his client, and one who should properly discharge his duty. He justified what were called "appeals to the feelings," and considered that they were as justifiable as logical arguments. Why should there not be appeals to the feelings of jurymen? without which justice would be cold and lifeless, and there would not be that sympathy with human infirmities and the mode in which people acted towards each other. He had said so much, because it appeared to him that the usefulness of societies set apart for the study and practice of the law, and or the consideration of other subjects of a wider and more general interest was important, because, in the Profession to which they were all more or less devoted, it was important that they should get out of the letter, and to some extent regard the spirit of the administration in which they were engaged. In these days nothing was more important than that they should remember that they were gradually emerging from the shell of technicality and getting into something more like and substantial justice; but, as they did so, let them remember that they were engaged in what he believed to be one of the most important and honourable functions that existed amongst mankind, aiding as ministers of justice to do the right and prevent the wrong, and prevent that which was the most cruel prostitution of the forms of justice, to inflict wrong upon their fellow subjects. (Applause.) Lawyers had many critics, and it seemed to be the fashion of many writers to sneer at the administration of the law. reason For his own part, he did not want to take up the cudgels of the other side, and if he did so, many no doubt would retaliate. The common phrases that lawyers lived by people's quarrels, the clergy by their sins, and the doctors by their ailments, were old and worn out, but all lawyers were desirous of doing their duty, and contributing their quota to the common good. He was somewhat amused by a passage he would read to them, which was written by a keen philosopher. It was as follows: You only give your counsel a simple breviate of your cause; he returns you a dubious and uncertain answer by which you find him indifferent which side he takes. Have you feed him well that he may relish it the better, does he begin to be really concerned, and do you find him truly interested and zealous in your quarrel? His reason and learning will by degrees grow hot in your cause, behold an apparent and undoubted truth presents itself to his understanding; he discovers a new light in your business, and does in good earnest believe and persuade himself that it is so. some He took that quotation as a typical one of the manner at which their Profession was sneered at. He denied that there was any truth in its applicability to fees. If an advocate took up a case he generally did all he could in the interests of his client. As the Lord Chief Justice had said, The weapons of the advocate should be those of the warrior and not of the assassin." There was another point to which he would like to direct attention, viz., the necessity of obtaining truthful evidence which would be called against them. No one would deny the bad effect of useless, wanton, and cruel questions which were times put to witnesses when an advocate could not succeed, and the advocate who permitted himself to be thus led away was guilty of the grossest misfeasance (hear, hear), and the grossest neglect of duty of which a man could be guilty. In the eloquent speech which was delivered last year by Sir Henry James, he impressed earnestly upon those who heard him the exhibition of an independent spirit by those who were entrusted with the duties of an advocate. He (the SolicitorGeneral) concurred in that view, but that independence must not only be the independence of the client but the independence of the passing, fleeting, public feeling of the moment. He must take his chance; do what was right, and set at defiance idle criticism, and regard solely and wholly the interests of his clients and the interests of his conscience. They were at this moment undoubtedly living in very peculiar times, so far as the Profession of the law was concerned. They were in what was called a transitional state. They had the duty of reconciling the two systems of jurisprudence, relics of two different civilisations, and they were endeavouring to bring them into one harmonious system, which was not an easy task. Nowhere could they have expected that the task would have been successfully accomplished without some difference, without some little grating, of the two systems of jurisprudence against the other. Nevertheless, it seemed to him that they had made some progress, and some progress in a very favourable degree. He was old enough to remember the actual making of the new rules of common law, but he was quite old enough to remember the scandalous injustice they had created. (Hear, hear.) To the students before him he would say that although they had a difficult task to perform to accommodate themselves to the new system, they had in this respect a much easier task to perform. They had not now to discuss whether their clients were entitled to go to justice in this court or that, but to discuss the somewhat more abstract question whether he had a right at all, their present system being to enable a judge to do a litigant justice. (Applause.) While he had spoken of the duties of the advocate in the narrower sense of those who appeared in court, it was manifest that there were corelevant duties in the other branch of the profession. He would quote an authority who flourished eighteen hundred years ago, every word of which they would, no doubt, recognise, and which was applicable to the duties arising therefrom. The quotation, which was from Quintilian, was as follows: considered as an But of all practices the most pernicious is for an orator to be contented with a brief or written instructions drawn up by the party himself, who employes him as an advocate because he cannot plead his own cause, or else composed by one of those advocates who profess that they are incapable of acting at the Bar, and yet pretend to execute the most difficult part of an orator's business. For is not the man who can judge of what is to be said or what is to be concealed, evaded, altered, or invented, to be orator when he goes through the most difficult part of the Profession? And yet, such briefs would not be so hurtful, if they contained nothing but matters of fact. But their composers interlard them with motives and pretexts, nay, and palpable falsehoods, to all which the orator generally attaches himself scrupulously and religiously, as a schoolboy does to the words of his theme. What is the conse detected, and the first word of the truth they hear is from the pleading of their opponent; so dangerous it is to take instructions upon trust. quence of all this? The falsehoods they advance are He (Sir H. Giffard) could not but think from experience of those around him that this might have been written recently. In conclusion, he referred to men who had distinguished themselves in the practice of the profession, and who were on the bench, who had previously spent their lives now models of justice. (Applause.) Sir P. Colquhoun, Q.C., then proposed the fol lowing resolution : That much good results from the meeting of law students of both branches of the Profession, and that law students' societies, as promoting that end, deserve the most hearty support. Mr. J. M. Howard, Q.C., seconded the resolu tion, which was carried. On the motion of Mr. H. M. Cookson, Q.C., seconded by Mr. Grinham Keen, the following resolution was also carried : That the establishment of law students' societies throughout the country, and of an organised system of communication between them, is much to be com mended. Mr. B. G. Lake proposed: between law students, for the discussion of subjects of That the maintenance of a system of correspondence general interest and points of law, is productive of substantial benefit. This was seconded by Mr. W. Dowson, and also carried. Mr. Charles Ford, it was proposed and carried: On the motion of Mr. W. C. Owen, seconded by That the cordial thanks of this meeting be given to the Solicitor-General for his kindness in presiding. The Solicitor-General having replied, the proceedings terminated. IN this case the plaintiff obtained a rule calling upon Sir Richard Harington, a County Court judge, and the defendants, to show cause why he, the judge, should not hear an application which was made to him last October when sitting in the County Court of Coventry. The application was to commit the defendants for a breach of an injunction to restrain the continuance of a nuisance caused by an artificial manure manufactory. It appeared that when the application was made the County Court judge considered he had no power to commit for contempt, following the case of Reg. v. Lefroy. The plaintiff, at the trial two years ago, obtained a verdict judgment, £5 damages, and an injunction. This was granted under sect. 89 of the Judicature Act 1873, which runs: "Every inferior court which now has, or which may after the passing of this Act have, jurisdiction in equity or at law, and in Equity and in Admiralty respectively, shall, as regards all causes of action within its jurisdiction for the time being, have power to grant and shall grant in any proceeding before such court such relief, redress, or remedy, or combination of remedies, either absolute or conditional, and shall in every such proceeding give such and the like effect to every ground of defence or counter-claim, equitable or legal (subject to the provision next hereinafter contained), in as full and ample a manner as might and ought to be done in the like case by the High Court of Justice." No power is given to commit a person for contempt or breach of any order made in pursuance thereof. Dugdale, with whom was Knott, showed cause against the rule. Bigham supported it. the County Court judge had no power to grant the It was argued on behalf of the defendants that injunction; secondly, that even if power was given to grant it there was no express power given by the Act to enforce it, and that as it was an interference with the liberty of the subject no power to commit ought to be presumed. The LORD CHIEF BARON, in delivering judg ment, said.This is a case of great importance, and but for the view I take of it I should have required time to consider my judgment. I am the last of the judges, past or present, who would wish indeed, I have differed from other judges on the to derogate from the liberty of the subject; subject of contempt in order to limit the power of have witnessed many changes, and I hope I may committal. But as regards the inferior courts we say improvements, in the law, and a larger jurisdiction is now conferred upon them. The questions are has a County Court judge power to grant an injunction for a nuisance, and if so, has he the power to enforce it by the only way in Equity? I think he has, and that in such circumgeneral practice as adopted in the Courts of stances as exist in the present case he has the same power as the Court of Chancery possesses to enforce it. The action was for damages for a nuisance caused by the carrying on of a business by which the plaintiff and the neighbourhood were injured. It is impossible to read and interpret the language of the Act without saying this is the very case in which the Legislature contemplated that such a power should be vested in the County Court. It says, every inferior court;" and this is a court of equity as much as of law. It is to grant all the relief, redress, remedy, or combination of remedies that the High Court of Justice does. The next question is, is it a bare and naked power-this prohibitory order which enjoins a party to cease from illegal prac tices or is not the power to enforce it a necessary consequence? How is it enforced in every other court except by a committal for a breach of the order? I cannot understand the Legislature using such large words without giving such a power. Since the Act we have seen large additional powers granted to the inferior courts. If it were otherwise, just see what the consequences would be. In an action for a nuisance an injunction is essential; without it the jurisdiction of the court is imperfect and limited in operation. But here the nuisance might be continued for ever, and the plaintiff might be put to the trouble and expense of bringing action after action, and there would be no power to apply the usual remedy to put an end to the nuisance. I am disinclined to increase the power of committal in any court; but this is the just, true, and reasonable construction to FINAL EXAMINATION.-W. A. G.-[No, not till Jan. put on the words. The order must be made 1881.-ED. STUD.'S DEPT.] Students' Queries. 1. Can A. B., who is admitted, but who has not yet taken out a certificate, attest a bill of sale under the new Act? 2. Can he in attesting other instruments describe himself as A. B., solicitor CHANCERY LANE. [(1) We should say he can, but the officials at the Queen's Bench office take upon themselves to say would in some cases be necessary to guard against the he cannot. (2) Certainly, for he is a solicitor, but it contention that such a solicitor was holding himself out by a false pretence to be a duly qualified solicitor. -ED. STUD.'S DEPT.] - INTERMEDIATE EXAMINATION.-H. B. B.-[You will probably be able to present yourself in April 1880, that is if the examination is held after the 18th of that mouth. The days will be fixed next July.-ED. STUD'S DEPT.] F. W. B.-[In Nov. 1880.-ED. STUD.'S DEPT.] J. HASLEWOOD PARKES.-[(1) April 1881. (2) It is really quite impossible to say what book or books will be selected by the examiners for use in 1881.-ED. STUD.'S DEPT.] absolute. Baron POLLOCK.-Our order must go to the County Court judge to proceed with the case. We have derived great assistance from the learned counsel, and also from the able judgment of the learned judge, which he prepared for the guidance of the Superior Court that might hear the case when he declined jurisdiction. Section 89 deals with "all causes of action within the jurisdiction,' and it is said an injunction is not a cause of action. But an injunction is dealt with as a procedure of the court in matters which the courts of common law had only power to deal with by way of damages. Mr. Dugdale roints out the difficulty that a plaintiff has now only to prove a trifling damage-say £5-and he will be able to inflict very serious injury on the defendant by this process of injunction. The answer is, that the plaintiff has nothing to do with that; it is more important that the inferior court should have the power to attach for disobedience to the orders. Where the liberty of the subject is at stake the language that gives the power to imprison must be clear; but it is equally clear that you must give full and free effect to the language of the Legislature giving the jurisdiction. I would strip the cases of all the usual forms of contempt," such as interfering with the court in the execution of its office, or writing letters on the subject matter before the court. I would distinguish attachment," which is very ancient and contemporary with the law, from contempt," as I see in Chief Justice Wilmot's Botes to Rex v. Almond. This inferior court is to act in as full and ample a manner as might have been done in a like case by the High Court of Justice. On the application of counsel their Lordships granted leave to appeal. the wife, and denied by the husband, that he had F. E. Nicholson, of Doncaster, for the wife. His HONOUR decided, at the hearing, that the Taylor. Then the husband will receive one half, His HONOUR.-Yes, as I understand the money is in the savings bank. After the costs of the wife and her trustee are paid the husband will be paid one half the residue, then the wife will receive the interest of the remaining moiety until her death, and then the husband, or whoever is entitled, may apply for the capital. WANDSWORTH COUNTY COURT. Tuesday, Jan. 7, 1879. The COUNTY COURT PROCEDURE. THE judge, Mr. H. J. Stonor, before proceeding to the ordinary business of the day, delivered an elaborate judgment on certain irregularities in the case of Diedrich v. Rutland, an action in the Croydon County Court, the summons of which was sent to the Wandsworth County Court to be served. His Honour said that with the assistance and concurrence of Mr. Serjeant Wheeler, the learned judge of the Marylebone County Court, he had held an inquiry in the matter on Tuesday, the 24th Dec., and come to certain conclusions. His Honour then continued as follows: alleged irregularities are three-fold; first, an untrue return made to the Croydon Court by Sargeant, lately a bailiff of this court, stating that the original summons had been served upon the defendant, whereas it had not been so served; secondly, a letter written (long after such return had been made to the Croydon Court, and, indeed, after judgment had been obtained upon it) by Goff, the court-keeper of this court, at the request of the plaintiff, to the defendant, threatening him with further proceedings in the event of nonpayment at once of the debt and costs; and, thirdly, an untrue return to the Croydon Court by Featherstone, a bailiff of this court, stating in effect that he had failed to serve Sargeant with a subpœna from that court when, in fact, he had served him, and Sargeant had refused to obey it. As to the two first charges there was little or no dispute as to facts. His Honour then stated the particulars of the first-named irregularity, from which it appeared that Sargeant had been furnished with a wrong address, served the summons there, but afterwards found that the address was really the address of the plaintiff, and he neglected to inform the high bailiff, or registrar, of the fact. His Honour was of opinion that Sargeant had acted very improperly in not giving that information, but was not otherwise to blame. His Honour then went on to the second irregularity, and read the letter written by Goff. His Honour said-This letter is written on the court paper with the royal arms, as well as entitled, "In an action," and there can be no doubt that the writing of such a letter by an officer of the court is a very grave offence, and the more grave under the special circumstances of the case. Goff was formerly an from that office for several irregularities, although, assistant bailiff in this court, and was dismissed out of compassion for himself and his family, he was allowed to remain as court-keeper on the condition that he was not to interfere with the suitors or business of the court. Once before he had broken that condition, and in such a manner as to lead, with other circumstances, to the retirement of his father, a very old officer of this court. Mr. Serjeant Wheeler and I consider that upon the bare facts of the case Goff's conduct is most reprehensible, and leaves his character open to the imputation or suspicion of cognisance of the pre His HONOUR.-This case raises questions of some importance with reference to the liabilities of married women, and the effect of the Judicature Act of 1873. The plaintiff seeks to recover the value of wearing apparel supplied to a domestic servant for her own use. The goods were supplied on the faith of a written order signed by her mistress, the defendant Anne, the wife of the defendant Evans. By this order Anne Evans undertook to pay for the goods so supplied, and, as she has a separate estate in a farm, the object of the present action is to make that separate estate liable for the plaintiff's demand. It is contended first, that the liability exists in equity, and secondly, that under the Judicature Act of 1873 the same liability is created at common law. The 25th section of that Act contains a general declaration that, where there is a conflict between the rules of equity and common law, the rules of equity shall prevail. Therefore, if I were satisfied that the liability in BEFORE the commencement of the business of the vious irregularity in the service of the summons, question existed in equity, I should decide in the plaintiff's favour. But I am of opinion that in equity the separate estate of a married woman would not be chargeable in a case like the present. Where she gives a bond or promissory note to pay a debt her separate estate may be charged, but not in a case like the present, where there is not any such security, but only a bare promise to pay a debt. The power of married women to charge their interests in land has been jealously guarded by the Legislature. The Fines and Recoveries Act prescribes various formalities to be observed before a wife can charge or dispose of her real estate; amongst other precautions she is required to be examined apart from her husband by certain commissioners or other persons. If the land of a married woman were to be liable for a debt such as that for which the present plaintiff sues, it is obvious that the precaution of the Fines and Recoveries Act would be rendered nugatory. For these reasons I am of opinion that the judgment must be for the defendant, but, considering the circumstances, the judgment will be without costs. DONCASTER COUNTY COURT. Thursday, Dec. 12, 1878, and Jan. 9, 1979. (Before R. WILDMAN, Esq., Judge.) BARROWCLIFF v. BARROWCLIFF. Equity-Husband and wife-Equity to a settlement. THIS was a petition under the Trustee Relief Act by William Barrowcliff, the younger, of Doncaster, for payment out to him of a sum of £118 paid into court by the trustee of a settlement executed by the mother of petitioner's wife. The petitioner and his wife had quarrelled, and she had filed a petition against him for judicial separation, which however was dismissed, and they were not living together. It was alleged by SOUTH MOLTON COUNTY COURT. court, His HONOUR said since the last court the Pro the reverse. fession had lost a very prominent member, a gen- Mr. Lionel Bencraft, of Barnstaple, said, as the and of having adopted the course which he did to cure the same, and probably with a view to remuneration. Goff, indeed, strenuously denies any such motives, and further says that he not only wrote the letter in question, but actually went twice to Croydon on behalf of the plaintiff, who was a perfect stranger to him, merely from motives of kindness, because he regarded the plaintiff as a foreigner in straitened circumstances. However that may be, Mr. Serjeant Wheeler and I are of opinion that Goff is to be most gravely censured for his conduct, and that it is my duty to report such conduct to the Board of Works, the department under which he serves. With respect to the third alleged irregnlarity, Mr. Herring, the high bailiff's clerk, states most positively that he saw Featherstone hand to Sargeant the subpoena for his attendance at Croydon, and also 2s. 6d. conduct-money, and that Sargeant threw down the money and said he would not go for so small a sum, and refused to Sargeant both denied this statement; but the evitake or return the subpoena. Featherstone and dence of Mr. Bradley, jun., the registrar's second clerk, and other independent witnesses strongly confirmed Mr. Herring's statement. And we are of opinion that Featherstone made a return untrue in substance although not in form, and that the high bailiff's clerk and the registrar's clerk committed a serious error in judgment in not regarding the service of the subpoena as a legal service; but that they committed a far graver error in official conduct in not communicating at once the irregularities which had come to their knowledge to the high bailiff or to the registrar. It will not be necessary for me to make any order as to the two bailiffs, as they have both resigned. I wish, however, to add that in future every subordinate officer of this court must clearly understand that it is his bounden duty to report any serious irregularity in the office which may come to his knowledge, without delay, o the registrar, the high bailiff, or myself, and that any breach of this duty will be regarded and treated as a very grave offence. LEGAL NEWS. MR. JUSTICE HAWKINS was attired in private dress at the opening of the commission of the Sussex assizes late on Saturday evening. AT the Carnarvonshire assizes on Monday, the grand jury, in accordance with the recommendation of Mr. Justice Manisty, made a presentment against extra assizes being held in that county. THE clerk to the Ilkeston Local Board has had his salary augmented £25 per annum, in consideration of increased duties connected with the water supply. MR. G. H. ELLERY RUNDLE, of the firm of Beer and Rundle, was on Monday appointed solicitor to a newly formed Devonport Public Hall Company. THE salary of Mr. F. W. CRANE, clerk to the City of London Union, was on Tuesday increased by £100 per annum, in recognition of his efficient services during the past five years. MR. WHITLEY STOKES, barrister-at-law, Member of the Council of the Governor-General of India, has been elected a corresponding member of the French Academy of Inscriptions. LEGAL ETIQUETTE. Mr. Willcock, a local solicitor, was called upon a few days ago by the stipendiary magistrate, at Wolverhampton, to Borough. Gloucester Penzance Sudbury..... apologise for having made the remark in court that a decision of Mr. Spooner's was most abominable." Yesterday Mr. Willcock said that he had conferred with the local law associations, who held that his remark was not justified by the rules of etiquette subsisting between bench and advocates. After he had made a qualified apology, the stipendiary consented to hear him. MIDDLE TEMPLE. Tuesday was "Grand Day," and the new treasurer, Mr. Joseph Brown, Q.C., and the benchers of the Middle Temple entertained a number of guests at dinner in their ancient hall. There was a very large attendance of barristers and students. The company included Sir Barnes Peacock, Vice-Chancellor Malins, Sir Frederick Pollock, the president of the Incorporated Law Society, Dr. William Smith, Dr. William Spottiswoode (President of the British Association), Professor Tyndall, Professor Huxley, Mr. E. B. Tylor, F.R.S., and Mr. Charles Shaw, the under treasurer. Among the benchers present were Sir Montague Smith, Sir Samuel Martin; Vice-Chancellor Hall, Mr. Anderson, Q.C., the Recorder (Sir Thomas Chambers, M.P.), Mr. Kenyon, Q.C., Mr. Johnson, Q.C., Mr. Milward, Q.C., Mr. Prentice, Q.C., Mr. Roxbusgh, Q.C., Mr. Bristowe, Q.C., Mr. Pope, Q.C., Mr. Clark, Q.C., Mr. M'Intyre, Q.C., Mr. Day, Q.C., Master Beavan, Mr. Leith, Q.C., M.P., Mr. Cowie, Q.C., Mr. Speed, Mr. Hosack, Mr. Bagshawe, Q.C., Mr. Murphy, Q.C., Mr. Salter, Q.C., Mr. J. O. Griffits, Q.C., and Mr. Macrory. The only toast given was that of Her Majesty the Queen," which was received with much enthusiasm. MAGISTRATES' BOROUGH When holden. Tuesday, Feb. 11 Friday, Jan. 31 Tuesday, Jan 28 PROMOTIONS AND MENTS. QUARTER Recorder. LAW. SESSIONS. G. R. H. Somerset, Esq.,Q.C. APPOINT- plaintiff to try and obtain a judgment under NOTA BENE.-Information intended for publication under the above heading should reach us not later than Thurs day morning in each week, as publication is otherwise delayed. THE Queen has been pleased, to appoint Sir JAMES FITZJAMES STEPHEN, K.C.S.I., one of her Counsel learned in the law, to be one of the Justices of Her Majesty's High Court of Justice The Queen has been pleased to appoint JAMES HERMAN DE RICCI (late substitute Procureur and Advocate-General of Mauritius) to be Chief Justice of the Bahama Islands. Mr. J. L. WHEATLEY, solicitor, Deputy Town Clerk of Salford, has been appointed Town Clerk, Clerk to the Urban Authority, and Legal Adviser to the Burial Board of Cardiff, in succes sion to Mr. George Salmon, solicitor, resigned. The salary of the office is £1000 per annum, out of which the necessary clerical assistance has to be provided. The Lord Chancellor has appointed Mr. GEO. W. H. JANEWAY a Commissioner for Administer ing Oaths in the Supreme Court. He was admitted in 1863, and has been for some years past a member of the firm of Torr, Janeways and Co., of Bedford-row. The Right Honourable Lord Coleridge (Lord Chief Justice of the Court of Common Pleas) has appointed Mr. HENRY C. BRETTELL, of Dudley, a Perpetual Commissioner for taking the acknowledgments of deeds by married women in and for the counties of Worcester and Stafford. CORRESPONDENCE OF THE PROFESSION. NOTE.-This Department of the LAW TIMES being open to free discussion on all professional topics, the Editors do not hold themselves responsible for any opinions or statements contained in it. COUNTY COURTS.-Your article on CountyCourts does not refer to the hardship to a plaintiff in an action for £50 or less, in losing the benefit of Order XIV., r. 1. The defendant can take out a summons and get the action removed to the County Court, with a ten days' notice of trial or other delays, whereas, if he had not such power the plaintiff might have obtained judgment under Order XIV. at once. A. D. DISTRICT REGISTRIES. Referring to Mr. Williams's query as to the practice on attending summonses at Judges' Chambers, it has, to my knowledge, for thirty years been the practice (although I know of no Act of Parliament or rule) for the party issuing the summonses to attend punctually the return (or how could he make the affidavit of attendance), and wait half an hour for his opponent, but if he did not attend his summonses at return the opponent is not compelled to wait, and if he happens to have other business at chambers it would be shabby practice to refuse to attend, although it is not compulsory. I am inclined to agree with the registrars in strict practice, as I know that in probate, &c., summonses the quarter of an hour practice exists. At Judges' Chambers in London the half hour practice is sensible and proper, as a managing clerk has very often summonses in each chamber, but this cannot happen in the district. registries; and no doubt arises in my mind that the registrars have a perfect right to limit the time for grace in attending summonses. The practice now in summonses before the judge is, if parties not there when summonses reached in the list to give no grace. W. S. R. NOTES AND QUERIES. None are inserted unless the name and address of the writer are sent, not necessarily for publication, but as a guarantee for bona fides. Queries. 36. NEGOTIABLE INSTRUMENTS.-Is the Statute 17 Geo. 3, c. 30, as to negotiable bills or notes under £5 still in force?-ARTICLED CLERK. 37. APPRENTICE.-In an apprenticeship indenture the parent covenants with the master in the usual way that his son shall duly serve him, &c. Before the expiratio of the term the apprentice absconds and cannot be found. Can the master at once proceed against the parent for damages, or must be wait until the term expires? Cases will oblige.-ARTICLED CLERK. 38. ARTICLES OF THE PEACE.-It was decided in Lort v. Hutton (33 L. T. Rep. N. S. 730), that, when articles of the peace are preferred before magistrates against any one, the defendant cannot call witnesses. Has there not been a case in which, I think, the Chief Constable of Exeter was concerned, on this point, and in which Lort v. Hutton was fully reviewed? A reference to the same will oblige.—JUNIUS. breach, and requiring him to 'cause the apprentice to attend, and if the latter continued to absent himself for twelve months, it might be prudent, provided special damage could be proved, to bring an action; but I cer tainly should not advise an action after five years. This query badly put.-W. S. E. He can: but he can only recover damages up to the time when the action is brought, and not prospec tive damages up to the expiration of the term: (Broom's Commentaries on the Common Law, 5 edit. p. 627.)-HAL. STAMP DUTY.-The editorial reply to inquiry in your impression of the 11th inst. does not quite make the matter clear. I was aware that the Stamp Act provided for the duty payable upon a transfer of mort. gage, with a further sum advanced; but the question is whether, in the case put, the accrued interest was to be considered on a proper construction of the Act as I submit it was-a further advance requiring extra duty, or it was only necessary to stamp the deed, as was the fact, in respect of the principal, as was con tended against me?-IIEX. [In the absence of any case in point, the only safe course is to pay the additional duty.-ED. SOL.'S DEPT.] Saturday, Jan. 25 King 27 Teesdale 28 Holdship Wednesday 29 Teesdale Thursday Friday 30 Holdship 31 Teesdale Saturday, Feb. 1 Holdship V.C. Hall, Teesdale Saturday, Jan. 25 Saturday Feb. 1 Latham Merivale Milne Milne Mr. Justice Fry. Merivale Farrer Certificates of Sale and Transfer.-Saturday, Jan. 25, Mr. Ward; Monday, Mr. Koe; Tuesday, Mr. Clowes; Wednesday, Mr. Leach; Thursday, Mr. Latham Friday, Mr. Milne; Saturday, Mr. Merivale. ORDERS UNDER THE SETTLED ESTATES ACT 1877. 1. The words settlement,' ""settled estates," and "the court" in these orders shall have the same interpretation as in the Act. The words the Act" in these orders shall mean the Settled Estates Act, 1877," the petition" shall mean a petition under the Act, and the judge" shall mean the judge of the court with with whose name the petition shall be marked, or to whom the petition shall be transferred. 2. All petitions, notices, affidavits, and other proceedings under the Act shall be entitled "In the matter of the estates settled" [by the settlor the instrument by which the settlement shall have or settlors, naming one of them and referring to been created, and mentioning the parish or place and county in which the lands, messuages, or tenements proposed to be dealt with are situate, and in the matter of the Settled Estates Act 1877," and every such petition shall be marked with the words, "In the High Court of Justice, Chancery Division," and with the title of the judge before whom it is intended to be heard (see form No. 1 in the Appendix hereto). Upon the presentation of the petition, a day shall be appointed for hearing not less (unless the judge gives special leave) than eight clear days after such presentation, and in the computation of such eight clear days, Sundays and other days on which the offices are closed shall not be reckoned; and every petition shall, in the body thereof, or in a schedule thereto, or by a plan thereto annexed. contain a detail description of the property proposed to be dealt with by such petition sufficient to identify the same. 3. When a petition has been put into the paper for hearing, and by reason of the parties not being ready, or for any other cause, the judge allows it it to stand over generally, it may be put into the paper for a subsequent day, without any application to the court or judge, on the petitioner or his solicitor applying for that purpose to the secretary of the Lord Chancellor or Master of the Rolls (as the case may be), and notice of the appointment of such subsequent day shall be given by the |