The Legal Observer, Digest, and Journal of Jurisprudence

Mr. Charles Gibson, town-clerk of Salford, and a vice-president, in giving "The president of the evening," said that Mr. Grave had been raised to the high position of president of the association, later than a man of his talent had a right to expect, but still while comparatively a young man; and that by virtue of his high talent, deep and extensive legal knowledge, and above all, by his universally admitted integrity.

state of that law imminently demanded the The Chairman, in giving "The Bar of Eng attention of these bodies and of the public, as land," said the association had no jealousy of, was evinced by the fact that upwards of 60 or antagonism towards, that branch of the promillions a-year were lost in bad debts! The fession; however they might disapprove of the Times had emphatically called the law of debtor system of giving offices of honour and emoluand creditor "the question of the day;" and ment to young men who had scarcely digested he thought it could not much longer escape their forensic mutton. But from the bar were that share of the public attention which its im- taken those men of independence and incorportance demanded. Perhaps lawyers were not ruptibility, who were the admiration of the always the best law reformers; at all events, world,—the judges of the land; and it was though several recent acts had passed to alter, therefore their duty, on all festive occasions, amend, and explain the law of debtor and duly to honour "The Bar of England." creditor, still no law on the statute book was felt by commercial men to be in a state of greater confusion, or more unsatisfactory. There was a society in London for the reformation of the law of bankrupts and insolvents, and it would be desirable to form societies in this district to co-operate with it. The theory of the law of debtor and creditor he took to be very simple. It was, that where a person was unable to discharge his liabilities in full, the most should be made of his estate, and the proceeds should be equally divided amongst his creditors. If honest, he should get a release; if fraudulent, he should be punished. The difficulty was in carrying out the practical details of this principle; and, by the union of such associations as the Manchester Chamber of Commerce, the Commercial Association, and the Manchester Law Association, much good might be effected. He thought it was for the commercial bodies to take the initiative, and he was sure the law associations would aid them to remedy a state of the law which all admitted to be most disgraceful.

Mr. R. B. Cobbett, in proposing "The Committee of the Manchester Law Assoeiation," said, if they had not done all they might, it was, he thought, because they had not received all the support from the members generally to which they were entitled. There had not been the same rage for what were called "law reforms" last year, but the report showed the committee's continued and unfailing attention, from day to day, to the interests of the society and the profession; which must have entailed on them greater labour and sacrifices than any efforts, however energetic, in reference to particular acts of legislation.

The Chairman, in acknowledging the compliment, eaid it was one of the highest distinctions of his life to be placed at the head of an association which, with some five or six exceptions, (men of unblemished honour, but of cantankerous" spirit) numbered amongst its members every man of respectability in the profession in this and surrounding towns. Since the more intimate connection which this association had given him with his professional brethren, he had conducted his business more pleasantly and more advantageously to his clients; for he could go to a professional brother, and confidently disclose to him the whole of his case, and receive from him an equally confidential communication, and they could thus settle differences which it would be utterly impossible to do, if members of the profession did not constantly meet in friendly intercourse in the society's rooms. He did not at all exalt the advantages of the association, when he said that the pleasure was for its members, the advantage for their clients.

Mr. N. Earle, in proposing "The VicePresidents," adverted to a branch of practice springing up, which was not only remunerative, but highly honourable to the profession. He meant where a client consulted his solicitor, in confidence, on matters of the most delicate consideration, and of great personal importance; difficulties which could not be disclosed to others, family differences, &c.; and he urged the importance of attorneys encouraging this branch of their practice, by being at all times ready to give their best, most honest, and upright advice to the clients who thus entrusted them confidentially.

The Chairman next gave the health of "The Honorary Secretary," who was emphatically the association, the pilot guiding them through every storm, directing them to every question requiring consideration; ever at his post, most diligent and assiduous in giving his best services; and, by his courtesy, good feeling, and attention to the interests of the association and of the public at large, he had enabled the Mr. J. F. Beever, (of Beever and Darwell,) association to render great service to the com- one of the vice-presidents, in acknowledging munity. the toast, said it had often been to him a matter Mr. Thomas Taylor, (of the firm of Rowley of surprise and regret, that while there existed and Taylor,) the honorary secretary, in acknow- in Manchester a "Commercial Clerks' Assoledging the toast, said he had seen the society, ciation," there was no "Lawyers' Clerks' Asyear after year, for nine years, increasing regu-sociation." In London, there was "The larly in utility and importance, and if any United Law Clerks Society," which, by a exertions of his had in any way contributed to small monthly contribution, aided by the donathis, it was to him a satisfactory and sufficient tions of the profession, had for many years

return.

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Provincial Law Societies. Questions at the Examination.

successfully carried out its benevolent objects The book-keeping, accounting, collecting, engrossing, and copying clerks of attorneys, were a numerous and intelligent body, including men of tried and sterling integrity, of unwearied application, and of considerable attainments,-men fully competent to organise and carry out such an association. He was sure the aid of the profession here would not be less liberal than that of their London brethren; that their committee-room would be open to the gratuitous use of the committee of such a society; that they should be happy to see its principal officers on occasions like the present; and that their own president and secretary would feel honoured by invitations to the annual dinners of the Clerks' Society. He hoped what he had said might lead to the establishment of such a society in Manchester, to relieve the superannuated and sick, the fatherless and the widow.

have been entered in a County Court under the recent act?

When that step has been taken, is the plaintiff concluded, or can he raise the question for argument before the court?

How should a sheriff proceed if, after having levied an execution, a notice be served upon him that the goods belong to another?

Within what period must execution be sued out after judgment is signed, and how is the judgment revived after the stipulated period has elapsed?

What is now necessary to charge the real estate of a party with a judgment which has been recovered against him?

What is an attachment?-Name some of the cases in which the court will grant an attachment.

III. CONVEYANCING.

What is an equity of redemption?

Is a mortgagor ever, and when, barred of his equity of redemption, and what circumstances preserve his right?

If mortgage money be not paid at the time appointed, what are the remedies of the mortgagee?

Can copyhold estates be entailed ?—and by what means?

How are copyhold estates usually alienated? How is an estate in coparcenary created?and what persons are usually coparceners?

Are fee simple estates, in the hands of the heir or devisee, liable to any, and what debts of the intestate or testator?

By what words may estates in tail male,in tail general,-and in tail special be aptly

created?

estate in jointure and an estate in dower?Is there any, and what difference between an State how they are respectively created.

A., by bargain and sale, conveys a fee simple estate to B. and his heirs, to the use of C. and his heirs,-what estates, legal or equitable do B. and C. respectively take?

A., under a power, appoints a fee simple estate to B. and his heirs, to the use of C. and his heirs. What estates, legal or equitable, do B. and C. respectively take?

An estate is conveyed to the use of A. for the life of B., and after B.'s death, to the use of the heirs of the body of A. What estate does

A. take?

An estate is limited to A. for life; remainder to trustees to preserve contingent remainders; remainder to the children of A. as he shall appoint; in default of appointment to B. and the heirs male of his body;-remainder to C. in fee. A. has no children. Can A. and B. make a marketable title of the property to a purchaser, and if so, by what assurances ?

What formality is necessary to the validity of a will of real estate, and is there any and what distinction in this respect, between a will of real and of personal estate ?

A. dies intestate seised in fee simple, leaving one daughter (B.), a son by a deceased daughter (C.), a son and a daughter by a de

Questions at the Examination.

ceased daughter (D.), a daughter by a deceased son (E.), and two daughters by a deceased daughter (F.)-To whom will A.'s estate descend?

IV. EQUITY AND PRACTICE OF THE
COURTS.

State some of the principal cases in which relief is to be obtained through a court of equity.

In which of these cases can relief be obtained only through a court of equity?

State the principle upon which assets are marshalled by a court of equity.

State the cases in which it is peculiarly advisable to administer the estate of a deceased person under a decree of a court of equity, and the effect of a decree for that purpose with re

ference to these cases.

Does the circumstance of a person having proved his debt under a decree in any way, and how, affect his right to interest on his debt?

State the principle upon which the Statute of Limitations cannot be pleaded by a trustee in bar to the claim of his cestui que trust.

Explain the difference between the nature of the relief obtained by mortgage creditors through the medium of a court of equity and through that of a court of law.

State the general rule as to parties to a suit and whether it is relaxed in any, and what cases, and for what reason.

In what case is service of a subpoena on a defendant resident out of the jurisdiction effectual for the purposes of the suit,-and what is the preliminary course to be adopted in respect to such service, as distinguished from the service of a subpoena within the jurisdiction?

In what cases is it advisable for the defendant's solicitor to peruse and consider the effect of the bill immediately upon entering appearance, without waiting for the office copy, and

for what reason?

If one of several parties, plaintiffs or defendants respectively to a suit dies pendente lite, in what cases is it necessary to bring his representatives before the court,-and how is it effected?

In what cases is it necessary to resort to a court of equity in support of a right which can be established only through a court of law?

only, and in what respect do the proceedings on
the two bills differ?

V. BANKRUPTCY, AND PRACTICE OF THE
COURTS.

What description of traders are now liable to the Bankrupt Laws?

Under what circumstances can a trader residing out of England, but who buys and sells in England, be made a bankrupt?

What is the amount of debt in respect of which a single creditor can petition to make a debtor a bankrupt? and what must be the amount of debts when two or three or more creditors are the petitioners? and under what statute prescribed?

Are aliens entitled to be petitioning creditors, and liable to be made bankrupts ?-State the law on these points, and the different circumstances of alienage involved in it.

Is there any, and what limit, after an act of bankruptcy committed, for issuing the fiat, and by what statute?

Describe the mode of proceeding to make a debtor a bankrupt.

What is the distinction in the proceedings in the event of the bankrupt dying before or after the adjudication?

How are debts proved under a fiat, and when may a claim be entered instead of a proof?

Describe the respective rights and liabilities of the assignees in regard to leasehold property held by the bankrupt, and of the lessor of such property.

With whom does the granting of a certificate of the bankrupt now rest, and what is the effect of the certificate?

What proceedings must be taken by the assignees before commencing a suit, or referring to arbitration or compromising any matter relating to the bankrupt's estate?

If a creditor holding a legal mortgage is apprehensive his security is insufficient, what course must he adopt to entitle him to prove for the deficiency?

Is a trader entitled to any, and what notice of the adjudication, and to any, and what time to dispute the same?

Is there any preference, and to what extent, over the other creditors, allowed to a landlord

for rent?

Describe some leading distinctions between the law relating to bankruptcy and insol- .

In the case of a suit for the administration of the estate of a deceased person who has left vency. children entitled to legacies or to the surplus of the estate, at what stage of the suit, and in VI. CRIMINAL LAW AND PROCEEDINGS BEwhat state of the proceedings, can an order be obtained for the allowance of maintenance to the children?

In the case of an infant entitled to a fund in court, and having a father living, what are the circumstances under which the court will order an allowance out of the income for the maintenance of the infant?

What is the distinction between a bill for discovery and relief and a bill for discovery

FORE MAGISTRATES.

State the mode of proceeding to obtain the liberation of a person improperly restrained of his liberty.

Why is it necessary in some cases to indict for an assault, instead of bringing an action?

In what cases are magistrates prevented from proceeding to enforce payment of church rates?

In an indictment for libel against the pro

316

Questions at the Examination.---Notes of the Week.

prietor of a newspaper, what evidence is re-for the temperate and forbearing conduct exquired to fix his responsibility?

What are the requisites in an indictment for perjury?

What are the material points of evidence in an indictment for perjury?

State generally the legal definition of conspiracy.

In what cases can one person only be indicted for a conspiracy, and what averment is required?

What is the usual course adopted in practice

to secure the attendance of witnesses in criminal cases?

What is the penalty for non-attendance of witnesses in such cases?

What are the material and necessary points of evidence against a bankrupt for not discovering his property ?

hibited by him under great provocation. One of the reports states that the learned Recorder was affected even to tears. Surely the Inn of Court of which Mr. Dearsly is a member-the Middle Temple we believe-should interfere, and investigate a matter calculated to reflect so much discredit on the Bar.

THE CROWN PAPER IN THE QUEEN'S BENCH.

The alterations in certain branches of the law, and especially in the Law of Settlement, has tended to swell the Crown Paper in the Queen's In what cases can the deposition of witnesses Bench to an unusual magnitude. On the first taken upon oath before magistrates or coroners day of the present Term this paper contained a be used as evidence upon the trial of prisoners? list of nearly eighty cases, which has been reWhat are the material and necessary points duced during the Term only by twenty cases, of evidence against a bankrupt for not surso that there remains an arrear of nearly sixty rendering? cases. The court, with a praiseworthy intention of mitigating the inconvenience arising from such a state of things, postponed the hearing of all settlement cases, and selected cases of mandamus and those in which convictions were brought before them, as being of a more pressing nature, and involving questions in which the general public were more extensively and directly concerned. The course now adopted of deliberately selecting a particular class of cases and taking them out of their order, however well intended, is liable to many objections, and can scarcely fail to produce instances of individual inconvenience and hardship.

What is the mode of proceeding against a banker or agent for applying to his own use money or securities intrusted to him for a specific purpose ?

What are the material and necessary points on which evidence is required in such proceedings?

NOTES OF THE WEEK.

SITTINGS AFTER TERM.-ARREARS.

ALL the courts of law have announced their intention of holding Sittings in Banco after Term, for the purpose of disposing of arrears. The Court of Queen's Bench will sit on Tuesday, the 1st of February, and the three following days, and on Tuesday, the 8th February, and the four following days. There will also be a sitting of that court on Saturday, the 26th February, only for the purpose of giving judgment in cases previously argued. The after-Term Sittings of the Court of Exchequer in Banc will commence on Saturday, the 5th February, and continue during the whole of the following week.

THE BENCH AND THE BAR.

THE CHIEF JUSTICE OF HONG KONG.

The latest accounts from China bring the very painful intelligence that the Governor, Sir John Davis, had, at the instance of Earl Grey, instituted an investigation into certain charges of intemperance made against Mr. Hulme, the Chief Justice. The local press more than insinuates that the charges have originated in vindictive feelings, and have excited strong feelings of public indignation. We may be permitted to express our strong conviction and earnest hope that those charges will turn out to be totally unfounded. Mr. Hulme was The local papers circulating in Hull and its called to the Bar so far back as the year 1829, neighbourhood contain addresses from the and was associated with the late Mr. J. Chitty mayor and magistrates of the borough, and in editing the valuable collection of statutes of from several solicitors practising in the borough practical utility. Mr. Hulme was appointed court, to T. C. Granger, Esq., the newly-ap-Chief Justice at Hong Kong, we believe, in pointed Recorder of the borough, in reference 1843, and was esteemed by his contemporaries to what they denounce as a wanton and un- for his many amiable qualities. Those who provoked attack" made on the learned gentle-knew him best in this country describe him as man during the Sessions, by Mr. Dearsly, a a person exemplary in all his private relations, member of the Bar practising at the Sessions. and most unlikely to fall into habits of unbeThe addresses warmly commend the Recorder coming excess.