150 Review: Braithwaite's Epitome of the New Chancery Practice. for obtaining the administration of an es- For such further steps as may have £ s. d. tate, is as follows: Michaelmas Term, 1852. £ s. d. 4 6 8 been directed by the Judge, such . 0 15 0 4 An Epitome of the New Chancery Practice, 0 2 0 0 6 Attending for order, drawing up and entering same Copy order for Judge If more than three sides charge 8d. per side, for the additional sides. Summons to consider order and at tending to get same sealed Copy for Judge 0 Three copies for insertion in the country papers Paid insertion . Attending inserting. attending in Chambers at the time When the number exceeds five, for every additional number not exceeding five, an additional sum of. 0 6 6 1 6 0 2 0 3 6 Mr. Braithwaite's object in the present publication is thus stated: "The following Epitome is designed to assist the practitioner in his general use and application of the practice under the recent Statutes, by avoiding the necessity for repeated references from section to section, and from Order to Order, and by affording facilities for a ready comprehension of the intent and meaning of 8 their several provisions. "A mere glance at the Acts and Orders will 8 be sufficient to show the difficulties which the 6 practitioner must necessarily experience in endeavouring to ascertain therefrom which of the sections or Orders govern the practice in relation to any particular subject. It was therefore thought that if a combined re-arrange8 ment, such as would give a connected reading O to the Acts and Orders, were made, a material 0 saving of time and trouble to the practitioner 6 would be effected. "The Author would merely add his sincere hope that what he has done may be of some service to the Profession, and tend in some O slight degree to further the accomplishment of the important reforms contemplated by the 8 recent Statutes." There are now so many editions of the Chancery Acts and Orders, with Notes and Annotations, that the practitioners, it may 1 1 o be hoped, will have little difficulty in steering their course safely amidst the numerous and comprehensive changes that have taken 10 place both in the Law and the Practice of 1 the Courts. Parliamentary Agents.-Legal Education at the Inns of Court. "Comparisons are odious," and it is scarcely practicable within our limits to point out the excellencies of each writer, or to notice his defects or omissions. The practical experience, means of knowledge, and the measure of diligence and learning which the respective authors are known to possess, will be the guides of the purchasers of these volumes. We willingly set forth the claims of each to the consideration of the Profession. PARLIAMENTARY AGENTS. NON-PROFESSIONAL PRACTITIONERS. To the Editor of the Legal Observer. SIR, It has frequently occurred to me to consider the proper choice by country solicitors of a parliamentary agent. So long as those agents were a select, privileged, and very limited number, all more or less connected officially with the House of Commons, there was little choice; but now that the number is increased by members of our own Profession, I have for the last three years considered it a duty to give preference to a solicitor. The choice affords some chance of escaping from errors in the alterations of a Bill during its progress, which a well-educated professional man would avoid, but which I am sorry to state was not the case with me, from a well meant but injudicious and unadvised alteration in a Bill I had, made by a non-professional parliamentary agent. On principle, I consider we ought to support each other; and if a reference is made to the terms of agency charges by a solicitor, and of no allowance whatever by the non-professional agents, there can be no doubt whatever there is an additional argument in favour of my recommendation. A SOLICITOR OF 40 YEARS. LEGAL EDUCATION AT THE INNS OF PUBLIC EXAMINATION, Hilary Term, 1853. The Council of Legal Education have approved 151 "As an inducement to students to propose themselves for examination, studentships shall be founded of fifty guineas per annum each, to continue for a period of three years, and one such studentship shall be conferred on the most distinguished student at each public examination; and further, the examiners shall select and certify the names of three other students who shall have passed the next best examinations, and the Inns of Court to which such students belong, may, if desired, dispense with any Terms, not exceeding two, that may remain to be kept by such students previously to their being called to the Bar. Provided that the examiners shall not be obliged to confer or grant any studentship or certificate, unless they shall be of opinion that the examination of the students they select has been such as entitles them thereto. 66 "At every call to the Bar those students who have passed a public examination, and either a certificate of obtained a studentship or honour, shall take rank in seniority over all other students who shall be called on the same day." Rules for the Public Examination of Candidates for Honours, or Certificates entitling Students to be called to the Bar. An examination will be held in next Hilary Term, to which a student of any of the Inns of Court, who 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 Wednesday, the 12th day of January 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 or other honourable distinction; or whether he is merely desirous of obtaining a certificate preliminary to a call to the Bar. The examination will commence on Satur day, the 22nd January next, and will be continued on the Monday and Tuesday following. Each of the three days of examination will be divided as under: From half-past nine, A.M., to half-past twelve. From half-past one, P.M., to half-past four. The examination will be partly oral, and partly conducted by means of printed questions, to be delivered to the students when assembled for examination, and to be answered in writing. The oral examination, and printed questions, will be founded on the books below mentioned; regard being had, however, to the particular object, with a view to which the student presents himself for examination. In determining the question whether a student has passed the examination in such a manner as to entitle him to be called to the Bar, the examiners will principally have regard to the general knowledge of Law and Jurisprudence which he has displayed. K 5 152 Legal Education at the Inns of Court. May's History of Parliament. Rapin's History of the Reigns of Elizabeth to James the Second, inclusive. Those who present themselves to obtain distinction will be examined more minutely, and expected to answer more difficult questions, drawn from the same sources, and to be acquainted with the important statutes and trials of the period; and also to answer questions relating to the progress and alterations of English Law during the aforesaid reigns. The Reader on Equity will examine in the following books: 1. Mitford on Pleadings in the Court of Chancery; Calvert on Parties to suits in Chancery, chap. 1 and 2; Story on Equity Jurisprudence, vol. 1, and chapters 17 and 18, vol. 2; the Act for the Improvement of Equity Jurisdiction, 15 and 16 Vict. c. 86. 2. Sir James Wigram's Points in the Law of Discovery, "Defence by Plea;" the remainder of Story's Equity Jurisprudence, vol. 2; the principal Cases in White and Tudor's Leading Cases, vols. 1 and 2. Candidates for certificates of fitness to be called to the Bar will be expected to be well acquainted with the books mentioned in the first of the above classes. Candidates for a studentship or honours will be examined in the books mentioned in the two classes. The Reader in Jurisprudence and the Civil Law proposes to examine in the Roman Law of Persons, as contained in the Institutes of Justinian, and as explained and illustrated by Heineccius (Elementa Juris Civilis); and Bowyer (Modern Civil Law). proposes to examine in the following books and subjects: BOOKS. Class 1.-2 Blackst. Com., or 1 Steph. Com., book 3 chap 1-7; Cru. Dig., tit. 11, 12, 16; book 2; 1 Spence, Eq. Jur., book 2, chap. 4 ; Butler's Notes to Co. Lit., 191 a, sect. 2, 5; 271 b. Class 2.-Shelford on Mortmain, chap. 3; Roper on Legacies, chap. 19; Lewis on Perpetuity, and Jarman on Wills, with reference to 1 Vict. c. 26, ss. 28, 29. SUBJECTS, Class 1.-The Nature of Estates of Freehold Tenure their Quantity and Quality — their Rights and Incidents. -- The Nature and Properties of Uses and Trusts, prior and subsequent to the Statute of Uses. The Origin and Nature of a Lease and release, as an ordinary mode of Assurance. Class 2.-The alterations effected by the Legislature during the last preceding and present reigns in the Practice of Conveyancing. The Law of Mortmain; including therein the Law affecting the Alienation of Lands to Corporations, and the Disposition of Property to Religious and Charitable Purposes. The Law of Settlement; its Effect upon the Rights and Liabilities of Husband and Wife, as exemplified in the case of Marriage Articles, Ante-Nuptial and Post-Nuptial Settlementsand upon the Rights of Creditors and Purchasers under 13 Eliz. c. 4, and 27 Eliz. c. 5. Students offering themselves for the public examination, and not going out in honours will be expected to be well acquainted with the books and subjects comprised in Class I. Students offering themselves for the public examination, and who are candidates for studentships or honours, will be expected to answer questions drawn from the books and subjects comprised in Class I. and Class II. The Reader on Common Law proposes to examine in the following subjects and books: Class 1.-As to the nature of the Common Law generally (Stephen, Com., vol. 1, Introd. s. 3). The Law of Principal and Agent, and of Bills of Exchange and Promissory Notes (so far as treated of in Smith's Merc. Law, 4th ed., book 1, chap. 5, and book 3, chap. 1). Candidates for a studentship or other distinction will be expected to answer all questions of principle suggested by the text of the Institutes. They will also be examined in Mackintosh-Law of Nature and Nations; Bentham-Principles of International Law, vol. 2, pp. 535, et. seq. of Bowring's edition; Montesquieu Esprit des Lois, livre 28; Spence-Equitable Jurisdiction of Court of Chancery, part 1, book 1, chap. 7; part 1, book 2, chap. 7; part 1, Apppendix; Story-Conflict of Laws, chapter on Capacity of Persons" and "Domicile." Candidates for a certificate will be examined exclusively in Bowyer-Modern Civil Law, cap. 1 to chap. 12; Mackintosh-Law of Nature and Nations; Spence-Equitable Jurisdiction of Court of Chancery, part 1, book 1, chap. 7;porations (so far as treated of in Smith's Merc. Story-Conflict of Laws, chapter on of Persons." 66 Capacity The Reader on the Law of Real Property The Law respecting tenancies from year to year, and for shorter periods (Woodfall on Landlord and Tenant, 6th ed., book 1, chap. 5, ss. 1 and 2). The Law respecting Larceny and Obtaining Money by False Pretences (Arch. Cr. Pl., 12th ed., book 2, part 1, chap. 1, ss. 1 and 3). Class 2.-The Law of Partnership and Cor Law, 4th ed., book 1, chap. 2 and 4). The Law of Distress (Woodfall, Landlord and Tenant, 6th ed., book 2, chap. 2, ss. 1, 2, 3). The cases of Ashby v. White, (1 Smith, L. 權證: New Covenant in Leases.—Proceedings in Parliament.-Notes of the Week. Cas., p. 105), and Marriott v. Hampton, (2 Id., The Common Law Procedure Act (15 & 16 Students desiring merely to obtain a certificate to be called to the Bar, will be examined in the books and subjects comprised in Class I. Candidates for studentships or honours will be expected to be familiar with the books and subjects specified in both the above classes, and also with leading cases (if any) bearing upon the several branches of law therein enumerated, decided since the last editions of the books above metioned. By order of the Council, RICHARD BETHELL, Chairman. Council Chamber, Lincoln's Inn, Dec. 11, 1852. NEW COVENANT IN LEASES. To the Editor of the Legal Observer. RENT PAYABLE IN SILVER. SIR,-Can you inform me if it is usual to provide for rent being paid in silver coin, if required. In a draft before me the rent is reserved in this manner, and I am assured by the lessor's solicitors, that the practice is becoming general. I have heard the question discussed, but on inquiry I cannot find any members of the Profession who actually adopt the rule. A. B. 153 Courts of Common Law (Ireland). Solicitor-General of Ireland.-In Committee. Parliamentary Electors' Rates. Sir De Lacy Evans.-Negatived. County Financial Boards for Rating and reading, 23rd Feb. expenditure. Mr. Milner Gibson.-For 2nd Designs' Act Extension. Lord Naas.-For 2nd reading, 16th Feb. Parish Constables. Mr. Deedes. For 2nd reading. Land Improvement (Ireland). In Committee, 16th Feb. NOTICES OF BILLS IN PARLIAMENT. Repeal of Certificate Duty on Attorneys, Solicitors, Proctors, and Notaries (early after the Recess). Lord R. Grosvenor. To facilitate the Transfer of Land. Mr. Henry Drummond. To Transfer the Jurisdiction of the Ecclesiastical Courts to grant Probates of Wills and Letters of Administration, to the Superior Courts of Common Law and to the County Courts. Mr. Collier. Right Hon. Sir Geo. Turner, Lord Justice. Rt. Hon. E. Strutt, Chancellor of Duchy of Rt. Hon. M. Brady, Lord Chancellor of Mr. C. P. Villiers, Judge Advocate-General. County Elections Polls. Lord Robert Gros-Lords of Treasury. venor. For 3rd reading. Mr. Robert Lowe and Mr. H. Austen Layard, Stamp Duties on Patents for Inventions. Joint Secretaries to Board of Control. Mr. Wilson Patten.-Passed. 154 Notes of the Week.-Superior Courts: Lords Justices.-Rolls. ADJOURNMENT OF THE HOUSES OF THE House of Lords has adjourned to the 10th Feb., and notice has been given of adjourn. ing the House of Commons to the same day. HILARY TERM EXAMINATION. The Examination will probably take place on Tuesday, the 25th January. The number WILL. of Candidates at present is 84, but a few may be added by orders of the Judge. One of the Masters of the Queen's Bench will preside. We understand that notice will be given next Term of an Examination in the Law of Real Property and Conveyancing, which hitherto has been optional with the Candidate. the expiration of six months. The alteration will take place, we expect, after RECENT DECISIONS IN THE SUPERIOR COURTS, AND SHORT NOTES OF CASES. Lords Justices. Blann v. Bell. Nov. 13, 1852. guardian was a proper person to be appointed, and that he had no adverse interest in the CONSTRUCTION. WHERE ONE OF matters of the suit to that of the infant. LEGATEES IN REMAINDER PRE-DECEASES Dec. 22. Corporation of Liverpool v. A testator directed the dividends of a sum of 22.-Piddock v. Boultbee-Guardian ad 22.-Exparte Braggiotti, in re Braggiotti 22.-Exparte Castelli, in re CastelliReference back to the Commissioner. 23. THIS was an appeal from the late ViceOxford, Worcester, and WolverChancellor Parker. By his will, dated in 1842, hampton Railway Company v. South Staffordthe testator gave, devised, and bequeathed all shire Railway Company-Judgment herein. the residue of his estate and effects to certain trustees upon trust inter alia, to pay the dividends of 1,500l. stock, to a party therein named, for life, and at her decease, between his wife and his niece and the survivor of them. The widow only survived the tenant for life, and claimed the stock absolutely. The Vice-Chancellor having held she was entitled to a life interest only, this appeal was presented. Malins and Collins in support; Walker, Giffard, and E. F. Smith, contrà. The Lords Justices affirmed the decision of the Court below-the costs to be paid out of the estate. Egremont v. Egremont. Dec. 9, 1852. EQUITY JURISDICTION IMPROVEMENT ACT. -APPOINTMENT OF GUARDIAN AD LITEM TO INFANT. An order was made for the appointment of a guardian ad litem to an infant defendant, without a commission, upon an affidavit that the proposed guardian was a proper person, and had no adverse interest to the infant in the matters of the suit. THIS was an appeal from Vice-Chancellor Kindersley, refusing an order for the appointment of a guardian ad litem to an infant de fendant without a commission. Nalder, in support, referred to Drant v. Vause, 2 Y. & C., Ch., 524, and to the 15 & 16 Vict. c. 86, s. 21, which abolishes the practice of issuing commissions within the jurisdiction of the Court. The Lords Justices said, that the order might be taken on an affidavit that the proposed Master of the Rolls. Bequest to W. for life, and after his death THE testator, by his will, gave the dividends of a sum of 400l. consols. to his cousin, Mr. Woollaston, for life, and after his death to his children on their attaining the age of 25. Mr. Woollaston died in the testator's lifetime. The question now arose, whether the children were entitled to the legacy, or whether it fell into the residue as void for remoteness under the Thellusson Act. Lloyd and Bilton, for the trustees, in favour of the validity of the bequest; Roupell, R. Palmer, Rogers, Baggallay, and Thring for other parties. The Master of the Rolls said, that the legacy was valid on the authority of the decision of Vice-Chancellor Wigram in Williams v. Teale, 6 Hare, 239. Attorney-General v. Drapers' Company. Dec. 22, 1852. MASTERS IN CHANCERY ABOLITION ACT. APPOINTMENT OF SURVEYOR TO VALUE |