railway shareholders. Although the metropolitan | unaltered. He understood, also, that the new sioners of Inland Revenue before referred to obstructed any arrangements for a substantial remedy of this inconvenience. The duty pressed most heavily on the southern lines, upon which the passenger traffic greatly exceeded the goods traffic. The association trusted that every share. holder would communicate with his representative in Parliament, and urge upon them the considera. tion of this important question, and solicit their support of the total and unconditional repeal of the duty. He hoped that every shareholder would sign the memorial. A copy of it would be sent to every shareholder in Great Britain for signature, to be returned by post to the association. He then moved a formal resolution to the effect that the meeting approved the memorial, and that it be presented to the Chancellor of the Exchequer. Mr. Morgan seconded the resolution, remarking that no property in the country was so badly represented in Parliament as railway property, although apparently there were so many members to represent it. (Hear, hear.) A discussion ensued, in which Mr. Hale, Mr. Castleman, the Rev. Mr. Hodgson, Mr. Wright, and other shareholders, took part. The resolution was carried unanimously. Mr. Adams then moved a resolution to the effect "that copies of the memorial to the Chancellor of the Exchequer be sent to every director and shareholder for signature, to be returned at once to the association, requesting each share holder to ask the members representing him in Parliament to vote for the repeal of the passenger duty." Mr. Ball seconded the resolution, and it was carried unanimously. Mr. Castleman proposed a vote of thanks to the chairman for presiding, and to the hon. secretary for his able services. The resolution was carried unanimously, and the proceedings then terminated. MERCANTILE LAW. ASSOCIATED CHAMBERS OF COMMERCE. THE annual meeting of the Associated Chambers of Commerce of the United Kingdom commenced on Tuesday last and continued on the two following days, at the Westminster Palace Hotel, Mr. Sampson S. Lloyd, M.P., in the chair. There was a large attendance of delegates from various parts of the country. The London agent (Mr. Hole) read the report, which dwelt on the following questions: Bank. ruptcy, Law Amendment, Tribunals of Commerce Bill, Registration of Trade Marks Bill, Registration of Firms Bill, Railway and Canal Act, Bank Charter Act, Income Tax, Trade with Spain and Portugal, Adhesive Stamps on Bills of Exchange, Bills of Lading, Charges by Receivers of Wrecks, Merchant Shipping, Supply of Sails for the Mer cantile Marine, Suez Canal Dues, Minister of Commerce, French Chamber of Commerce, Imperial and Local Taxation, &c. The report added that the Parliamentary session of 1873, like its predecessors, had not been fruitful of measures affecting commerce. Though the production and export of one or two important branches of manufacture exhibited a diminution, the council be. lieved that the year had, on the whole, been one of extensive productions, though, from the great want of prices, not one of great profit to the mercantile and manufacturing cominunity generally. The total number of chambers now in union with the association was forty-nine. The chairman, in moving the adoption of the report and statement of accounts, expressed his own and the council's satisfaction that the association had met again in undiminished numbers. The principle advocated by the association received substantial support from chambers of commerce, and was thoroughly self-supporting from a finan. cial point of view. If the association could not point to any large measure of reform during the past year, there were one or two subjects which afforded matter for congratulation. Whether the new French treaty would be as satisfactory as that which M. Thiers contemplated had to be determined, but it was satisfactory to hear that the rates of Mr. Cobden's treaty of 1860 remained treaty would be one of navigation as well as com- of the honoured founders of the association. THE DEBTORS' ACT. Fardell for the trustee. Marten opened the groceedings by stating the facts; whereupon His HONOUR called upon De Ger and Ford North, who contended that the decision of the learned judge of the Manchester County Court was correct, upon the ground that there was neither an assignment nor agreement to assign the property to the surviving partners on the death of either of the other two, and in support of the contention cited numerous cases. His HONOUR, without hearing a reply, held that the creditors of the four partners were at liberty to sue the representatives of the deceased partners and the continuing partners, but had no right to apply any particular assets in discharge of their debts. The representatives of the deceased partners had no claim to the partnership assets until the joint debts were all paid. At the time of the bankruptcy the continuing partners who were liable for all the debts, were in possession of the partnership property, and the only way of administering the estate was to treat all the creditors as if they had all proved their claims under the bankruptcy. There was no foundation for the question raised by the special case, and the order was therefore varied by answering the special case in the negative. The costs of all parties to come out of the estate. Mr. Staples, of Leeds, movod "That the Debtors' Act 1869, sect. 5, sub-sect. 2, throwing the burden of proof of a debtor's ability to pay on the plaintiff is, in its operation, unjust and unrea. sonable; and it is the opinion of this association that the onus of proof of inability to pay should be upon the defendant, whose non-appearance when summoned should be contempt of court.' The present law placed the plaintiff at a great disadvantage, as, in many cases, it was impossible (Before Mr. Registrar ROCHE, sitting as Chief Tuesday, March 17. for him to prove the debtor's ability to pay. Mr. Hurst, of Leeds, seconded the motion, which, on a division, was carried by 39 to 1. BANK CHARTER ACT. Mr. Barker, of Sheffield, moved a resolution to Many other important questions were also con. BANKRUPTCY LAW. NOTES OF NEW DECISIONS. DEBTOR'S SUMMONS-NON-PAYMENT UNDERPETITION DISMISSED BY CONSENT-FRAUDSECOND PETITION-THE BANKRUPTCY RULES, R 39.-Prior to the hearing of a bankruptcy petition an arrangement was entered into between the petitioning creditor and the debtor, by which the petition was dismissed as for want of prosecution in consideration of the debtor having promised to give security for the debt. The debtor having failed to give the agreed security, the creditor, by leave of the court, presented a second petition based upon the same act of bankruptcy. It being objected on behalf of the debtor that the act of bankruptcy had been purged by the dismissal of the first petition: Held, that the petitioning creditor was, under the circumstances, entitled to present the second petition: (Ex parte Love, re Jagger, 30 L. T. Rep. N. S. 71. Bank.) LIQUIDATION-BANK OF DEPOSIT-VERBAL ASSENT TO.-The provisions of ss. 20, 30, of the Bankruptcy Act 1869, and the 109th rule, with respect to the duty of a trustee under a bankruptcy to audit his accounts, and pay all moneys into the Bank of England unless otherwise directed by the creditors, or the committee of inspection, apply also to liquidations by arrangement. Under a liquidation, however, it is not in every instance necessary, under sect. 125, cl. 8, by formal resolution to prescribe the bank into which the moneys are to be paid if the evidence clearly shows that the creditors have assented to and adopted the course proposed by the trustee: (Ex parte Old, re Bright, 30 L. T. Rep. N. S. 72. Bank.) COURT OF BANKRUPTCY. Ex parte FURNESS AND OTHERS; Re J. A. Marten, Q.C. and Ambrose appeared for the Judge.): Re BARRETT. Injunction-Discretion of court-Fraud of debtor Washington supported the application. It would appear that in July last the debtor presented a petition to this court under the arrangement clauses, and at the first meeting of creditors a resolution was passed, and afterwards duly confirmed, to accept a composition of 3s. 6d. in the pound. At that time Mr. Fleming was a creditor for £66 in respect of law costs; he proved his debt, opposed the registration of the resolution, but ultimately received his dividend. In opposition to the application, it was contended that, the debt having been contracted by fraud, the creditor was not bound by the resolution. With reference to the charge of fraud, the evidence showed that Mr. Fleming had been employed by the debtor as his solicitor in reference to the sale of some property of which he professed to be the owner. A purchaser having been found, the debtor admitted that the property did not belong to him at all, but explained that he had acted in the matter under the authority of his father, who was the real owner. Mr. Fleming thereupon declined to act for the debtor any further, and, having received the dividend upon the amount of his debt, sued him for the balance. The allegation of fraud was denied on the part of the debtor. Plumtree, in the course of his argument, pointed out that, by the 15th section of the Debtors' Act, a debtor making a composition with his creditors remained liable for the unpaid balance of any debt incurred by fraud, "provided the defrauded creditor had not assented to the arrangement or composition otherwise than by proving his debt and accepting dividends." His HONOUR, in giving judgment, said the statute gave the court power to restrain any action which might be brought against a debtor, but the jurisdiction must be exercised with discretion. Having regard to the decided cases, he thought the creditor had a right to try the question as to the alleged fraud in a court of common law. The application would therefore be refused. HALIFAX COURT OF BANKRUPTCY. Tuesday, March 10. (Before Mr. Registrar RANKIN (sitting for the Judge.) Ex parte HARPER and ANOTHER v. OGDEN and MAUDE. Hearing petition for adjudication-Act of bank. ruptcy on debtor's summons-Notice to dispute act of bankruptcy only-Proof required of petitioning creditor's debt-Time for issuing debtor's summons. England for petitioning creditors. Horace Smith for debtor Ogden. Godfrey Rhodes, for debtor Maude, not heard, not having given notice to dispute. The facts of the case were shortly these: The petitioning creditors are maltsters, and the debtors brewers, at Halifax, and the creditors had supplied the debtors with malt and hops in the course of trade. In the heading of the creditors' invoices it was stated that a month's credit was allowed. The debt was £99 11s. 6d., for goods sold, &c. Goods for about £74 of this had been supplied previously to and on the 16th Jan. last, the rest afterwards. On the 17th Feb. demand was made of the whole of the debt. It appeared by affidavit filed that both of the debtors thereupon refused to pay the debt. The same day (17th Feb.) a debtor's summons was issued and duly served, and no notice having been given for more than seven days of any application to dismiss the summons, a petition for adjudication -alleging the default in paying or securing the debt due on the summons as the act of bankruptcy-was filed, and duly served, and a day fixed for the hearing. The debtor Maude gave no notice of disputing the adjudication. The debtor Ogden gave notice of disputing the act of bankruptcy only. On the hearing this day H. Smith proposed to show that there was no debt due sufficient to support the petition, whereupon England objected to the court entering upon that inquiry, no notice having been given of disputing the petitioning creditor's debt, and he quoted cases in support of his argument, but it did not appear whether in those cases the act of bankruptcy was founded on a debtor's summons. The REGISTRAR.-I should be governed by those cases if the act of bankruptcy in the present instance were one of those specified in sub. sections 1, 2, 3, 4 or 5, of the 6th section of the Act. Those acts of bankruptcy are each single in substance, and quite distinct from, and independent of a petitioning creditor's debt, and therefore if adjudication in such cases be opposed, notice should be given to dispute the debt (if so intended) as well as the act of bankruptcy. But here the act of bankruptcy under sub-section C is composed of many items, each of which must be proved to make up altogether the act of bankruptcy. You must prove that a sufficient debt was due, that demand was made for payment, that in default of payment a summons was issued and duly served, and that the seven days had elapsed without payment of, or security for, the same. Therefore, notice of disputing this particular act of bankruptey comprises in itself notice of disputing all the items of which that act is composed; of which the fact of a debt being due is certainly an important one. I must therefore overrule Mr. England's objection, and I will take evidence as to the debt. The account for goods sold, &c., having been proved, H. Smith proposed to reduce the amount which could be legally inserted in the summons, by striking off the items dated on and after the 16th January, as not being due under the heading of the invoice allowing a month's credit; and he argued that the demand having been made on the 17th Feb., and the summons issued the same day, the latter was premature and invalid, as the debtors were entitled to a reasonable period after demand, within which to settle. The KEGISTRAR.-A sufficient amount of debt was due on the 16th Feb., after allowing the month's credit. It may seem a quick movement to demand payment the next day, and issue a summons immediately afterwards; but then the parties never applied, as they might have done, to dismiss the summons, but let the seven days allowed expire. A reasonable time, no doubt, ought to be allowed as a general rule, but in this particular case I think it might be dispensed with, as the debtors, it appears, expressly refused to pay; and after that could not expect further time. Moreover, I am of opinion that the items of account of date previous to the 16th Jan. would by themselves make up an amount sufficient to support the petition. I consider the debtor's summons a valid one, and a sufficient debt proved, as well as the other requisites on which to adjudicate. Order of adjudication granted. LINCOLN COUNTY COURT. before the court, from certain evidence then His Honour thereupon recommended that the After the matter had been thoroughly discussed, W. T. Page for certain claimants. NOTTINGHAM BANKRUPTCY COURT. (Before Mr. REGISTRAR PATCHITT, sitting as In the course of the arguments the following Walpole's estate for an order that the furniture was in the debtor's possession order or disposition within the meaning of the 15th section of the Bankruptcy Act 1869, and passed to the trustees for the benefit of and formed part of his estate. F. Acton, of Nottingham, for the trustee under Corby's estate, showed cause.-The debtor is not a trader, and the 15th section has no operation. The agreement gives Corby and Co. a right to take possession on Walpole calling his creditors together, and the case is governed by Es parte Emerson, re Hawkins (41 L. J., N. S. 20). J. Bright, contra.-The debtor describes himself as formerly carrying on business as a mattress manufacturer, and there are now debts owing by him which were or had been incurred then. The case is distinguishable from Ec parte Emerson. In that it was a mere hiring, in this, in fact, it is a conditional sale. The hiring could not be terminated whilst the instalments were duly paid. If all the instalments but one had been paid, could Corby and Co. claim the furni ture on Walpole then instituting proceedings in liquidation? I think not. The agreement should be registered under the Bills of Sale Act. The case is governed by Darby v. Smith (8 T, R. 82). After Walpole, the debtor, had been examined as to his debts and business transactions during the last three years, The REGISTRAR found, as a fact, that he was a trader within the meaning of the 15th section of the Bankruptcy Act 1869, and held that the furniture was in the debtor's possession order or disposition, and passed to the trustee under Walpole's estate for the benefit of his creditors. LEGAL NEWS. It is a THE TICHBORNE CASE AND THE RULES OF EVIDENCE. Mr. Fitzjames Stephen, in a letter to the Pall Mall Gazette, says: "The relation of the Tichborne case, both to the legal rules of evidence and to its rational principles is a very curious matter, which I cannot discuss at present I will confine myself to saying that for some reason or other the ordinary rules appear by Re F. WALPOLE; Ex parte YOUNG AND ROGERS. common consent to have been relaxed to a reBankruptcy Act 1869, s. 15-Reputed ownership. markable degree. If the counsel on the one side UNDER an agreement for the hire of certain furni- and the other had insisted upon the exclusion of ture at £2 per week, the furniture to become the all matters which are commonly excluded, the property of the hirer on the payment of a certain case would have been considerably shortened. I number of instalments, on a petition for liqui- will give a single instance of what I mean. In dation by hirer, and the furniture being then in the early part of the charge of the Lord Chief his possession, it was held to be in his order and Justice (p. 8 of the unabridged report) there is disposition, and passed to his trustees, notwith-inserted at full length a letter from Sir James standing the whole of the instalments had not Tichborne to Lady Tichborne's father describing been paid. his various domestic troubles. This is used by the Chief Justice as evidence to explain Lady Tichborne's character, and to show the sort of influences which were at work in the formation of Roger Tichborne's character. How this letter can have been what is technically called "evidence" I cannot imagine. statement made by the father of the man whose identity is in question to his grandfather about the character of his mother, and it is used to explain the reasons why his education followed a parti ular course. "Hearsay" has been defined in all sorts of ways, but if this is not hearsay nothing is. As an illustration of the difference between a strict and lax interpretation of the rules of evidence, I may observe that a few days ago a commonplace action was tried for the wrongful dismissal of a servant, which was justified on the ground that he was habitually drunk. The evidence of people who had known him well, and seen him constantly during the whole term of his service (two or three months), and who were prepared to swear that they never knew him drunk on any occasion whatever was tendered by his counsel. The evidence was excluded, on the ground that it was irrelevant, and that the plaintiff was bound to show that he was not drunk on the particular occasions when it was suggested that he was drunk. I do not say that this was wrong, but I do say that if the parties had been held as close to the issue in the Tichborne case, Sir James Tichborne's letters about his wife, a vast deal of matter as to the sayings and doings of intermediate agents, the novels which were read by Roger Tichborne, and much other matter would have been shut out. It is, for instance, by no means easy to explain the grounds on which some of the evidence about Luie was let in. The general rule about contradicting witnesses I have always supposed to be that a witness may be contradicted as to any matter relevant to the inquiry to which he deposes, but that he cannot be contradicted on matters which affect his credit only, though he may be indicted for perjury if he swears falsely upon them. I do not pretend to say whether this principle might not be made to cover what was admitted against Luie; but in common cases it would have been found in practice nearly as difficult to get the evidence given against him admitted as to procure the evide ice itself. Some other matters, and particularly the enormous length of the speeches of the defendant's counsel On 1st March, 1871, Walpole hired or pur. chased some furniture of Messre. T. Corby and Co., under an agreement, which was as follows: "The said Thomas Corby and Co. hereby agree to let, and the Frederick Walpole agrees to hire, the goods specified in the schedule hereto at £2 per week. In case any of the said weekly pay. mants shall be in arrear, or the said Frederick Walpole shall call his creditors together, or shall become bankrupt, compound with his creditors, or cease to reside in his residence, then it shall be lawful for the said Thomas Corby and Co., their agent or agents, to enter the premises where the aforesaid goods may be and retake possession of the said goods. In case the said weekly payments shall be punctually made until payment in full, then the said Thomas Corby and Co. do hereby agree to assign the said goods and furniture over to the said Frederick Walpole." It did not appear in the agreement what was the total sum to be paid by instalments, but Corby and Co. entered in their book the price of the goods as £116. On the 12th July 1873, Messrs. Corby and Co. filed a petition for liquidation of their affairs, and Charles Rogers was appointed trustee of their pro (Before JAMES STEPHEN, Esq., LL.D., Judge.) A MOTION was made to the court in this matter Walpole paid twelve of the instalments, and at the time of his filing a petition for liquidation he was in possession of the furniture, and there was owing £47 10s. in respect of arrears of the instalments. On the 6th Feb. 1874, Walpole filed a petition for liquidation, and described himself as "for. merly errying on business as a mattrass manufac. turer, but now as a bobbin and carriage mender," and at the meeting of creditors Messrs. Young and Rogers were appointed joint trustees, the trustee of Thomas Corby and Co. proving for the said sum of £47 10s. against the estate of Walpole, and voting at the meeting. J. Bright (A. Parsons and Bright), of Notting. ham, now applied on behalf of the trustees under that such a resolution is carried, and although, of course, it will not come with authority from the above society, still it may lead to the matter being considered by the Benchers of the Inns of Court and the council of the Incorporated Law Society. 2. Hallam's Constitutional History. 3. Broom's Constitutional Law. Candidates for a pass certificate will be cx amined in No. 1 and No. 3 only, or in No. 2 ard No. 3 only of the foregoing subjects, at their option. and the extreme minuteness of the summing up, seemed to render the case interminable. It would not become me to criticise the manner in which judges and counsel exercised their discretion. It is a matter on which no two persons would be of the same opinion. To many persons, for instance, it might appear that the best defence which could have been made for the defendant would have consisted of an expansion of the simple remarks that the burden of the proof lay on the prosecution, that it was impossible to justify the defendant's conduct or even to explain clerk for the Farnham division, has resigned his amined in the above-mentioned subjects. parts of it; but that so large a number of persons swore positively that he was Tichborne and was not Orton, that the jury ought to give him the benefit of the doubt. A great defender of prisoners once remarked to his junior, in a case of murder which they were defending, "This is a ease in which we must begin by dismissing from our minds all logic, for if you once begin to put the facts together there is but one conclusion for them to point to." I was reminded of this by the Tichborne case, and thought it indicated the proper line of defence; but, of course, an outsider's impression on such a matter is worth very little. To others it might appear that the summing up need hardly have been so minute, considering the extraordinary knowledge of the case which the jury had acquired by their prolonged attention. But, after all, questions like these must be left to those who have to decide them, and who are responsible in many ways for the correctness of their decision." MR. WHALLEY AND MR. HAWKINS. The following has been published: "16, Suffolk. street, Pall Mall, March 18, 1874. To the Treasurer of the Honourable Society of Gray's Inn. Sir,-As I see by the public press that the Benchers are moved to investigate Dr. Kenealy's conduct in the late trial at Bar of the Queen v. Tichborne, I think it right and respectful to the Bench, being myself a member of Gray's Inn, to intimate that it is my intention to prefer a charge against Mr. Hawkins, Q.C., to the Benchers of the Middle Temple, for the conduct of that gentleman in imputing to me the having been engaged in a conspiracy to promote the cause of the defendant, without any grounds for such accusation, and, as I have reason to believe, without any instructions, connecting with myself in such groundless and gratuitous imputations Lord Rivers, Mr. Onslow, and others, with the object and, as I believe, the result of making available his position as counsel for the prosecution for preventing a fair trial and defeating the ends of justice. I have the honour to be, Sir, your most obedient servant, G. H. WHALLEY. THE JURY ON THE TICHBORNE TRIAL.-When the late trial of the claimant had concluded, the jurors addressed a letter to the Commissioners of the Treasury, reminding their Lordships that at an early stage of the case the jury applied to the court for a remuneration of two guineas per day. That application was, they understood, favourably received by the Lords Commissioners of the late Government. The case, however, had continued much longer than was expected, and they submit that such a sum "is by no means adequate to meet the losses incurred," inasmuch as the jury was composed-with one exception-of men engaged in commercial pursuits, to whom the continual absence from their respective businesses has been most disastrous." In reply to this request Mr. W. Law was instructed to state that the subject in question had never been formally submitted to the Treasury until a few days before the conclusion of the trial, and their Lordships then instructed their solicitor to pay each juryman three hundred guineas. On receipt of this communication the foreman wrote, in the name of the jury, to express their disappointment, and to request the commissioners to reconsider their decision. To this letter their Lordships reply that they should not feel justified in sanctioning any larger payment than the sum which has already been authorised, and that, looking at the sacrifices persons similarly situated are often called upon to make in the interests of justice, they do not regard the remuneration allowed as an illiberal compensation for the time and labour bestowed. Ar a pension held on Wednesday evening the Benchers of Gray's-inn decided that it was incumbent upon them to institute an inquiry into Dr. Kenealy's conduct during, and with reference to the late Tichborne trial; and they have appointed a committee to report upon the charges which, in their opinion, Dr. Kenealy should be called upon to answer. WE understand that Mr. Charles Ford has expressed his willingness to move the following resolution before the Union Society of London :"That in the opinion of this House the present consolidated regulations of the four Inns of Court as affecting solcitors desiring to become members of the other branch of the Profession require modification, and that greater facilities should be afforded to barristers at law desirous of becoming solicitors." We shall be glad to hear EUROPEAN ASSURANCE ARBITRATION.-On Friday, the 27th inst., Lord Romilly will commence a sitting in this arbitration. WE learn that Mr. W. J. Hollist, who for fortyfive years has ably filled the office of magistrates' appointment. The magistrates, in recognition of Mr. Hollist's services, have paid him a graceful compliment by presenting him with a handsome and valuable silver salver, bearing an appropriate inscription. The appointment of magistrates' clerk has, we understand, been conferred upon Mr. R. Mason, Mr. Hollist's partner, a gentleman already fully conversant with the duties, and who will fulfil them with much ability. DUTIES TO BE PERFORMED BY THE CHIEF CLERK IN THE JUSTICE ROOM AT THE MANSION HOUSE.-Among these, which are arranged under different headings, and which number in all nineteen, we understand that the following are to be found: 3. To hear in private all applications for process relating to criminal and other cases, and to see sufficient evidence is given by way of information and deposition or otherwise as required by law, before the issue of any summons or warrant. To advise on the admissibility, &c., of evidence. 9. To superintend, direct, and control (amongst others) keeper of the lock-up, front door keeper, gate porter, day and night watchmen. 15. To appoint the laundress to the justice room. be seen from the above that the duties, which are numerous and responsible, extend from having to advise as to the acceptance or rejection of evidence, or indeed from being soundly read in the law of the care of night watchmen. Elsewhere we pubevidence, to the appointment of laundress, and lish the opinion of one of the many would-be candidates for this vacant office. The salary is to be Candidates must be members of the legal profesnot less than £800 a year, but with no perquisites. sion. He who is successful must give up all other business, and devote himself solely to the duties of the office. Unhappy lawyers! It will LAW STUDENTS' JOURNAL. COUNCIL OF LEGAL EDUCATION. EASTER TERM, 1874. Examination of Candidates for Pass Certificates. THE attention of students is requested to the following rules:-- No student admitted after the 31st Dec. 1872, shall be examined for call to the Bar until he shall mitted after that day shall have the option of have kept nine terms; except that students adpassing the examination in Roman civil law at any time after having kept four terms. An examination will be held in March next, to which a student of any of the Inns of Court, desirous of becoming a candidate for a certificate admitted before the 1st day of Jan. 1873, who is of fitness for being called to the Bar, will be admissible. examination will be required to enter his name at Each student proposing to submit himself for the treasurer's office of the Inn of Court to which March next; and he will further be required to he belongs, on or before Tuesday, the 24th day of himself for examination is to obtain a certificate state in writing whether his object in offering preliminary to a call to the Bar, or whether he is merely desirous of passing the examination in Roman civil law under the above-mentioned rule. conducted in the following order :- Tuesday morning, the 31st March, at ten, on The examiner in Constitutional law and legal 1. Hallam's Middle Ages, chap. 8. The examiner in equity will examine in the following subjects:1. Trusts. 2. Specific performance. Candidates for a pass certificate will be ex-The examiner in the law of real and personal property will examine in the following subjects: 1. The Feudal law, as adopted in England, and the statutory changes in it. 2. Estates, rights, and interests in real and personal property; and assurances and contracts concerning the same. ditions: easements: notice; election and satis3. Mortmain: Perpetuity or remoteness; con faction. Candidates for a pass certificate will be examined in the elements of the foregoing subjects. The examiner in common law will examine in the following subjects : 1. The law of contracts and mercantile law. 2. The law of torts. 3. The law of crimes. 4. The law of procedure and evidence. Candidates for a pass certificate will be examined on general and elementary principles of law. The examiner in jurisprudence, civil and inter national law, and Roman civil law, will examine in the following book and subject: The Institutes of Justinian, with Sandars' Notes and Introduction. Candidates for a pass certificate will be examined in the above-mentioned book and subject. TRINITY TERM 1874. Examination of Candidates for Studentships, Honours, and Pass Certificates. The attention of students is requested to the following rules: As an encouragement to students to study jurisprudence and Romun civil law, twelve studentships of 100 guineas each shall be established, and divided equally into two classes; the first class of studentships to continue for two years, and to be open for competition to any student as to whom not more than four terms shall have elapsed since he kept his first term; and the second class to continue for one year only, and to be open for competition to any student, not then already entitled to a studentship, as to whom not less than four and not more than eight terms shall have elapsed since he kept his first term; two of each class of such studentships to be of the committee, after every examination before awarded by the council, on the recommendation Hilary and Trinity Terms respectively, to the twostudents of each set of competitors who shall have passed the best examination in both jurisprudence and Roman civil law. But the committee ship to be awarded if the result of the examination shall not be obliged to recommend any studentbe such as in their opinion not to justify such recommendation. shall be entitled to compete for the studentships Any student admitted before the 1st Jan. 1873 above mentioned; provided that at the time of have elapsed since his admission. his examination not more than eleven terms shall shall be examined for call to the Bar until he shall No student admitted after the 31st Dec. 1872, have kept nine terms; except that students admitted after that day shall have the option of passing the examination in Roman civil law at any time after having kept four terms. which a student of any of the Inns of Court, who An examination will be held in May next, to is desirous of becoming a candidate for a studentship or honours, or of obtaining a certificate of fitness for being called to the Bar, will be admissible. Each student proposing to submit himself for examination will be required to enter his name at the treasurer's office of the Inn of Court to which he belongs, on or before Tuesday, the 5th May next; and he will further be required to state in writing whether his object in offering himself for examination is to compete for a studentship, honours, or a certificate preliminary to a call to the Bar; or whether he is merely desirous of passing the examination in Roman civil law under the above-mentioned rule. The examination will commence on Monday, the 11th May next, and be continued on the Tuesday, Wednesday, Thursday, and Friday following. It will take place in the hall of Lincoln's Inn; and the doors will be closed ten minutes after the time appointed for the commencement of the examination. The examination by printed questions will be conducted in the following order: Monday and Tuesday, 11th and 12th May, at ten until one, and from two until five on each day, the examination of candidates for Studentships in Jurisprudence and Roman Civil Law. The examination of candidates for honours and pass certificates will take place as follows: Wednesday morning, 13th May, at ten, on examiners. The oral examination for the studentships and honours will be conducted in the same order, during the same hours, and on the same subjects, as those already marked out for the examination by printed questions. JURISPRUDENCE, CIVIL AND INTERNATIONAL LAW. Candidates for the studentships will be examined in the following subjects: 1. The Institutes of Gaius and Justinian. 4. General Principles of Jurisprudence, developed by Bentham, Austin, Maine. 5. General Principles of International Law, Public and Private. Candidates for honours will be examined in all the following subjects: Candidates for a pass certificate in No. 1 only. 1. The Institutes of Justinian (with Sandars' Notes). 2. The Institutes of Gaius (with Poste's Notes). 3. The History of Roman Law (Ortolan). 4. Principles of International Law (Woolsey). The Examiner in Constitutional Law and Legal History will examine in the following books and subjects: 1. Hailam's Middle Ages, Chapter 8. 4. The Principal State Trials of the Stuart Period. 5. The concluding chapter of Blackstone on The Progress of the Laws of England. Candidates for honours will be examined in all the above-mentioned books and subjects: Candidates for a pass certificate only will be examined in No. 1 and No. 3 only, or in No. 2 and No. 3 only of the foregoing subjects, at their option. The Examiner in Equity will examine in the following subjects : 1. Infants. 2. Suretyship. 3. Administration of Real and Personal Estates. 4. Mortgages. 5. Trusts. Candidates for honours will be examined in the above-mentioned subjects, under heads 1, 2, 3, and 4: Candidates for a pass certificate only, in those under heads 4 and 5. The Examiner in the Law of Real and Personal Property will examine in the following subjects: 1. The Feudal Law, as adopted in England, and the Statutory Changes in it. 2. Estates, Rights, and Interests in Real and Personal Property, and Assurances and Contracts concerning the same. 3. Mortmain; Perpetuity or Remoteness; Conditions; Easements; Notice; Election and Satisfaction. Candidates for a pass certificate only will be examined in the elements of the foregoing subjects; candidates for honours will have a higher examination. The Examiners in Common Law will examine in the following subjects: 1. The Law of Contracts and Mercantile Law. 2. The Law of Torts. following gentlemen, under the age of twenty-six, as being entitled to honorary distinction: 1. William Arnold Hepburn, who served his Clerkship to Messrs. J. G. Hepburn and Son, of London. 2. John Árchbald Dixon, who served his Clerkship to Messrs. Hodge and Harle, of Newcastleupon-Tyne. 3. Charles Gover Woodroffe, who served his Clerkship to Messrs. Watson and Sons, of London. 4. Charles Leopold Samson, who served his Clerkship to Messrs. Grundy and Kershaw, of Manchester. 5. Herbert Beaumont, who served his Clerkship to Messrs. Fernandes and Gill, of Wakefield. The Council of the Incorporated Law Society have accordingly awarded the following prizes of books: To Mr. Hepburn, the Prize of the Honourable Society of Clifford's Inn. To Mr. Dixon, the Prize of the Honourable Society of Clement's Inn. To Mr. Woodroffe, Mr. Samson, and Mr. Beaumont, Prizes of the Incorporated Law Society. The examiners have also certified that the six, whose names are placed in alphabetical order, following Candidates, under the age of twentypassed Examinations which entitle them to commendation: James Grundy, who served his Clerkship to Mr. Christopher Wilson Dawson, of Bolton-le-Moors, and Messrs. Woodcock and Ryland, of London. Arnold Heseltine, who served his Clerkship to Mr. Charles Blake, of 4, Serjeant's Inn, London, and Messrs. Cunliffe and Beaumont, of London. Isaac Gaitskell Jennings, who served his Clerkship to Messrs. Benson and Moordaff, of Cocker mouth. William Morley, who served his Clerkship to Mr. Henry Edward Mason, of Barton-uponHumber. | me anything; but, without any expectation of being paid existing on my part, if you do afterwards make me a present I shall not be offended or complain,"-such a person, afterwards receiving a present, would hardly come within the definition subject to the penalty, and yet would be clearly within the mischief intended to be guarded against. It seems to me that the words which I have in red ink added to the section would J. B. meet this contemplated difficulty. [We have added these words in the reprint of the Bill.-ED. SOLS. DEPT.] LEGAL PRACTITIONERS' SOCIETY.-I have read with interest and fervent wishes for its success the draft of the Legal Practitioners' Act 1874, which you have been good enough to publish in your columns. But let us not err by making the law too stringent. No one acquainted with the history of English legislation will deny that it is not the severest law which generally succeeds best. I would suggest, then, that in addition to the proviso at the end of sect. 3 there should be words (as in sect. 60 of Stamp Act 1870) exempting wills, agreements under hand, and transfers of stock, containing no trust or limitation, from the ment" in sect. 2. operation of that section. The same object could be effected by altering the definition of "instruSuch an alteration would render the Bill more likely to pass, and more effectual when in operation. GEORGE WHALE. NOTES AND QUERIES ON POINTS OF PRACTICE. NOTICE.-We must remind our correspondents that this column is not open to questions involving points of law such as a solicitor should be consulted upon. Queries will be excluded which go beyond our limits. N.B.-None are inserted unless the name and address of the writers are sent, not necessarily for publication, but as a guarantee for bona fides. William Burd Pearse, wdo served his Clerkship to Mr. John Pearse, of Hatherleigh, Devon, and Messrs. Vizard, Crowder, and Anstie, of London. John Alexandar Tilleard, who served his Clerk-plain ship to Messrs. Tilleard, Godden, and Holme, of London, and Messrs. McLeod and Watney, of London. Albert Watts, who served his Clerkship to Mr. Edward Watts, of Hythe, Kent, and Mr. John Wills, of London. The Council have accordingly awarded them Certificates of Merit. The examiners have further announced to the following candidates that their answers to the Questions at the Examination were highly satisfactory, and would have entitled them to Honorary Distinction if they had not been above the age of twenty-six : Would have been entitled to Prizes. Thomas Mark Taylor. Richard Barker the Younger. Would have been entitled to Certificates of Merit. Thomas Hudson. The number of Candidates examined in this Term was 179; of these 155 passed, and 24 were postponed. By order of the Council, E. W. WILLIAMSON, Secretary. Law Society's Hall, Chancery Lane, London. CORRESPONDENCE OF THE PROFESSION. NOTE. This Department of the LAW TIMES being open to free discussion on all professional topics, the Editor is not responsible for any opinions or statements contained in it. LEASES OF THE LONDON CORPORATIONS.Under this heading a letter appeared recently in the Daily News, signed by "A Solicitor of Thirty Years' Standing." I hope you will find space to direct attention to this scandal, namely, the insertion of a covenant by which lessees are forced to employ the professional men representing such corporations, in case of any subsequent dealing with the leasehold property. Surely the public have a right to employ their own solicitors in their The matter complained of falls little short of a public evil, and only needs exposure in the public press, and to be written down by your powerful pen, to ensure a cessation of such a practice. It causes much inconvenience to our branch of the Profession. A LONDON SOLICITOR. own concerns. Queries. 87. ASSIGNMENT OF TERM.-Would some one exhow it is that a legal term cannot be assigned so as to give successive interests to successive takers : ALCIPHRON. (Smith's Eq. 10th edit. p. 153). 88. LIQUIDATING DEBTOR-CONVEYANCE.-I find it is the practice to make a debtor, whose estate is in liquidation, a party with the trustee or trustees to any deed of conveyance of real estate sold by the trustee in process of realising the assets. Is it really necessary to do so, and if a debtor refuses to join, can he be compelled, and how? M. J. Answers. (Q. 64.) TEN YEARS' CLERK.-If "X.," whose letter appeared in the LAW TIMES of 21st Feb., will communicate with me, I shall be happy to supply him with the information he requires. FRANCIS R. CROWTHER. 9, Victoria-place, Scarborough. (Q. 73.)-ARTICLED CLERK.-Books, &c.-This sort of inquiry is rather too frequent. It is absurd for an articled law student to expect his master to supply him with a library. He is sure to have access to the more expensive works of reference usually found in a solicitor's office, but he ought to buy his own text books. The money is not wasted, for he will, if wise, make them part of his mind, note them up, and always keep them with him, even after obtaining his certificate. It is highly questionable whether a person who cannot afford a few pounds for books is a fit subject for articles. IBB. (Q. 82.) NEGLIGENCE.-If, as is stated, the glass plate was insecurely put in, that would amount to contributory negligence on the part of the owner of the wardrobe, and it is laid dowa by Byles, J. in Witherley v. Regent's Canal Company (12 C. B. 8), that if the negligence or default of the plaintiff was in any degree the proximate cause of the damage he cannot recover, however great may have been the negligence of the defendant, and it was further decided in the same case that no action will lie for the consequences of a negli gent act where the party complaining has, by his own want of due care and caution, been in any degree contributory to the misfortune. J. R. LAW SOCIETIES. LEGAL PRACTITIONERS' SOCIETY. THE following is the draft of a Bill prepared by and which Bill it is proposed should be introthe Parliamentary committee of the above society, duced into the House of Commons on as early a day as the forms of the House will admit. We published this last week, and are asked again to do so in consequence of certain alterations made in the draft at the suggestion of counsel and country members of this society :- Whereas it is expedient to discourage the employment of unskilled and unqualified persons in the preparation of legal documents, and amend the laws relating to bills of sale. THE LEGAL PRACTITIONERS' SOCIETY.-In reading clause 3 of the Bill of The Legal Practitioners Act 1874, it strikes me that a person who should say to another: "I will prepare for 2. In the construction and for the purposes of you a legal document; I will not charge you any- this Act the following words shall have the meanthing for it, nor do I wish you to promise to payings by the section assigned to them, unless it is (2.) 3. Any person who, not being a qualified practitioner, either directly or indirectly, for or in expectation of any fee, gain, or reward, writes, draws, or prepares any instrument relating to real or personal estate, or to any proceedings in law or equity, or any instrument in the nature of a contract under hand or seal, or who shall receive any fee, gain, or reward for writing, drawing, or preparing any such instrument, shall forfeit the sum of £50 to any person suing for the same, by action of debt in any of Her Majesty's Superior Courts of Common Law at Westminster, in which it shall be sufficient to declare that the defendant is indebted to the plaintiff in the sum of £50, being forfeited by an Act intituled "The Legal Prac titioners' Act 1874," and the plaintiff, if he recover in such action shall have his full costs of suit. And in any such action it shall not be necessary for the plaintiff to show that the defendant has received any fee, gain, or reward, specifically for the writing, drawing, or preparation of any instrument, and he shall only be required to show that the defendant has received a fee, gain, or reward, for the business or transaction in respect of, cr in regard to which he has, directly or indirectly, written, drawn, or prepared such instrument: Provided always, that the foregoing section does not extend to (1.) Any public officer, drawing or preparing any 4. That no bill of sale, assignment, transfer, or other document mentioned and comprised in the Bills of Sale Act (17 & 18 Vict. c. 36), and thereby required to be registered, made or given by any person, shall be of any force, power, or effect, unless there shall be present a certificated attorney or solicitor on behalf of such person executing, making, or giving such bill of sale, expressly named by him and attending by his request to inform him of the nature and effect of such bill of sale before the same is executed, and such attorney or solicitor shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be the attorney or solicitor for the person giving the same, and state that he subscribes as such attorney or solicitor, and that the person so executing the same did fully understand the nature and effect thereof. 5. Nothing in this Act contained shall be construed to authorise any qualified practitioner to do any act which he is not now authorised by law to do. 6. This Act shall not extend to Scotland or Ireland. We are requested by the Honorary Secretary of the Society (Mr. Charles Ford) to add that it is in contemplation to frame other Bills dealing with the appearance before, and the conduct of business in, magistrates', and County Courts by unqualified persons, and otherwise to offer to the public and the Profession additional protection in the direction indicated by the above Bill; also to adjust the relations of the two branches of the legal Profession, and to remove certain disabili. ties attaching to solicitors in relation to the recovery of the amount of Bills of Costs, and generally to deal with all necessary reforms. 66 LAW AMENDMENT SOCIETY. The chair was taken by Mr. T. Webster, Q.C., and there was a large attendance, much interest being manifested in the subject. In the course of Mr. Coryton's remarks, he said the subject of patent law was just now passing through a very interesting phase, inasmuch as causes would seem to be actively at work, which must soon lead to an entire revolution, if not abolition, of this species of trade privilege. At home they had a constantly increasing tendency on the part of capitalists to speculate in patents; and hardly a company is launched but professes to have secured special rights in respect of lighting, disinfecting, or per Let them suppose that good working commis. sioners had been secured, men well acquainted with manufactures and fairly conversant with the law. They should, in the first place, determine: First, That the invention was a proper one to be protected; and, secondly, that the applicant was the person entitled to the privilege. The first matter to be decided was as to what was patentable matter. It was with a view to avoid com. plexity that he proposed, many years ago, in publishing a work on the law and practice of patents, to substitute a single definition at once, as he hoped, comprehensive and concise, viz., "the material result of an unpublished improvement in the manufacture of articles for public use." In conclusion, he went on to say, whatever doubt might exist as to the justice of a patent law, viewed as an abstract question, he felt certain that there was a tolerable unanimity of opinion as to the needless costliness of litigation about patent rights. To some extent, no doubt, the expense was unavoidable, from the nature of the subject. It might be diminished in proportion as the patentee's rights were defined by responsible tremely costly. At present it was not only costly authority; but, in any event, it must remain exbut uncertain. The present system as reformed would, he thought, be a step in the right direc tion which the American law had long assumedState of the viz., the assumption by the duty of inquiry before granting the patent. The feeling was general in the United States that they had gone too far in that direc tion, and that it would be desirable to issue patents freely, leaving their value to be determined by the crucial test of litigation. With regard to the suggestion as to a registry of invention, he saw no objection to it himself, and the report of it would, he thought, be looked for by ths public with the deepest interest. If he had to sum up his own opinion on the patent laws, he would say that no law was ever passed the theory of which was more equitable, and that no law, having for its object the furtherance of commerce was ever issued ending in such a complete disappointment. He hoped to live to see their abolition, for their abolition would, he believed, be the first step to the recognition of the national duty of marshalling their scientific powers in getting hold of the men who really advanced manufac tures, and employing them in the most economical manner. A discussion followed, and the proceed. ings terminated in the usual manner. forming some duty which, in modern society, a METROPOLITAN AND PROVINCIAL LAW AT the twenty-seventh annual general meeting 1. On the motion of the chairman, seconded by Mr. Clabon-That the report be received and adopted, and that the association be dissolved accordingly as from the first day of Easter Term next, and that in testimony of the cordial feeling of the association towards Mr. Rickman, the cash in hand at the time of the dissolution of the association (after the payment of the ascertained liabilities), and the law books, office furniture, and other assets of the association be handed over to him for his own use, subject to the pay. ment by him thereout of any unascertained liabili ties of the association." 2. On the motion of the chairman, seconded by Mr. Hooper, of Exeter : "That the cordial thanks of the Association be presented to the Committee of Management for their labours during the past year, and especially for the mode in which they have conducted to a satisfactory arrangement the negotiations with the council of the Incorporated Law Society." 3. On the motion of the chairman, seconded by Mr. Kays: "That the best thanks of the association be presented to the Council of the Incorporated Law Society, for the cordial co-operation they have afforded to the Committee of Management during the past year, and especially during the recent negotiations, and also for their courtesy in lending one of their rooms for the purpose of this meeting." |