Rules of the Courts of Queen's Bench, Common Pleas, aud Exchequer.

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nation, were attached to the Court of the said are hereby authorised and required to adlate Vice-Chancellor : Now I do hereby order, minieter, or cause to be administered, to such 1. That every cause and matter, which, at person the oath hereinafter directed to be the time of the said resignation, was attached taken by attorneys and solicitors, in addition to to the Court of the late Vice-Chancellor Sir the oath of allegiance, and after such oaths George James Turner, be transferred to the taken to cause him to be admitted an attorney Court of the Vice-Chancellor Sir William Page of such Court," and by section 16 of the said Wood; and every such cause and matter is statute, it was further enacted "For the purhenceforth attached to the Court of the said pose of facilitating the inquiry touching the due Vice-Chancellor Sir William Page Wood, un- service under articles as aforesaid, and the fitless removed therefrom by any special order to ness and capacity of any person to act as an be made by the Lord Chancellor or the Lords attorney, that it shall be lawful for the Judges Justices of Appeal. of the Courts of Queen's Bench, Common Pleas, and Exchequer, (or any eight or more of them, of whom the Chiefs of the said Courts shall be three), from time to time, to nominate and appoint such persons to be Examiners for the purposes aforesaid, and to make such Rules and Regulations for conducting such examination as such Judges shall think proper:" And whereas, in order to carry the said Statute more fully into effect, it is expedient annually to appoint Examiners, subject to the control of the Judges in manner hereinafter-mentioned:

2. That all pleas, demurrers, causes, claims, re-hearings, further directions, exceptions, and petitions, now standing for hearing in the paper of the late Vice-Chancellor Sir George James Turner, be transferred to the paper of the Vice-Chancellor Sir William Page Wood, unless removed therefrom by any special order, to be made by the Lord Chancellor or the Lords Justices of Appeal.

3. That all motions, petitions, and further proceedings in causes and matters, to which the foregoing Orders refer, shall (subject to the provisions of the 15th of the General Orders of the 5th May, 1837) be heard before the Judges to whose Court the same are, under the provisions of these Orders respectively attached, unless removed therefrom by any special order of the Lord Chancellor or the Lords Justices of Appeal.

(Signed) CRANWORTH, C.

RULES OF THE COURTS OF QUEEN'S
BENCH, COMMON PLEAS, AND
EXCHEQUER.

Hilary Term, 1853.

I. EXAMINATION, ADMISSION, AND RE

ADMISSION OF ATTORNEYS.

II. REGULATIONS FOR CONDUCTING THE
EXAMINATION.

III. TAKING OUT AND RENEWAL OF AT-
TORNEYS' CERTIFICATES.

And whereas, pursuant to the said Statute, certain Rules, Orders, and Regulations were made by the Judges of the said Courts in Easter Term, 1846, and other Rules, Orders, and Regulations of the said Courts, or one of them, have been from time to time previously made, relating to the examination, admission, and re-admission of attorneys, and their annual certificates. And whereas it is expedient to consolidate and amend the said Rules, Orders, and Regulations in manner hereinafter mentioned.

It is therefore ordered, that from and after the first day of Trinity Term next, all Rules, Orders, and Regulations relating to the examination, admission, and re-admission of attorneys, and the taking out and renewal of their annual certificates, be, and they are hereby annulled: Provided that all notices, appointments, and other steps and proceedings duly made, had, or taken under and by virtue of the Rules, Orders, or Regulations, or any of them, hereby to be annulled, shall be valid, and may

contrary notwithstanding. And it is ordered that the following Rules, Orders, and Regulations shall, from and after the said first day of Trinity Term next, be substituted in lieu of all such former Rules, Orders, and Regulations whatsoever.

I. EXAMINATION, ADMISSION, AND RE- be carried into effect, anything herein to the ADMISSION OF ATTORNEYS. WHEREAS, by section 15 of the Statute 6 & 7 Vict. c. 73, it was enacted, "That it shall be lawful for the Judges of the Courts of Queen's Bench, Common Pleas, and Exchequer, or any one or more of them, and he or they is and are hereby authorised and required before he or they shall issue a fiat for the admission of any person to be an attorney, to examine and inquire, by such ways and means as he or they shall think proper, touching the articles and service, and the fitness and capacity of such person to act as an attorney; and if the Judge or Judges as aforesaid shall be satisfied by such examination, or by the certificate of such Examiners as hereinafter-mentioned, that such person is duly qualified, and fit and competent to act as an The passages in Italics comprise the attorney, then, and not otherwise, the said amendments and additions made to the Judge or Judges shall, and he or they is and Rules of Easter Term, 1846.

1. The several Masters for the time being for the Courts of Queen's Bench, Common Pleas, and Exchequer, respectively, together with 16 attorneys or solicitors, be appointed by a Rule of Court in every year, to be Examiners for one year, any five of whom (one whereof to be one of the said Masters), shall be competent to conduct the examination; and that subject to such appeal as hereinaftermentioned, no person who shall not have been

246

Rules of the Courts of Queen's Bench, Common Pleas, and Exchequer.

previously admitted a solicitor of the High Court of Chancery shall be admitted to be sworn an attorney of any of the Courts, except on production of a certificate signed by the major part of such Examiners actually present at and conducting his examination testifying his fitness and capacity to act as an attorney, and in the usual business transacted by an attorney; such certificate to be in force only to the end of the Term next but one following the date thereof, unless such time shall be specially extended by the order of a Judge.

2. The Examiners so to be appointed shall conduct the said examination under regulations to be first submitted to and approved by the Judges.

3. In case any person shall be dissatisfied with the refusal of the Examiners to grant such certificate, he shall be at liberty within one month, to apply for admission by petition in writing to the Judges, to be delivered to the clerk of the Lord Chief Justice of the Court of Queen's Bench, upon which no fee or gratuity shall be received, which application shall be heard in Serjeants' Inn Hall by not less than three of the Judges.

shall apply to be admitted, enter or cause to be entered in two books kept for that purpose, one at the Chambers of the Lord Chief Justice or Chief Baron of the Court in which he applies to be admitted, and the other at the Chambers of the other Judges or Barons of such Court, his name and place or places of abode, and also the name or names, and place or places of abode of the attorney or attorneys to whom he shall have been articled and assigned, if any such assignment has been made.

6. Every person so proposing to be admitted an attorney of either of the said Courts, who shall have given such notices of his intention to apply for examination and admission as aforesaid, or as authorised by this rule, and who shall not have attended to be examined or not have passed the examination, or not have been admitted, may, within one week after the end of the Term for which such notices were given, renew the notices for examination or admission for the then next ensuing Term, and so from time to time as often as he shall think proper. And that all such renewed notices shall be added to the list of notices of admission and re-admission, and placed up on the first day of the Term in the said Courts, chambers, and offices. And the applicants named in such renewed notices may be examined in the ordinary way in pursuance of such last-mentioned notices, but shall not be admitted until the last day of the Term, unless otherwise ordered by one of the said Courts, or a Judge thereof.

7. On an application to RE-ADMIT an attorney who has been struck off the Rolls, the applicant shall, before the commencement of the Term next preceding that in which he intends to apply to be re-admitted, give notice thereof as in the case of an original admission, and the affidavits in support of such application shall be filed at the office of the Master, and a copy thereof left at the Chambers of the Lord Chief Justice of the Court of Queen's Bench, before the Term, on the last day of which the motion for re-admission is intended to be made; and the rule for such re-admission shall be drawn up on reading such affidavit and an affidavit of such copy having been left and notices given in compliance with this rule.

4. And whereas the hall or building of the Incorporated Law Society of the United Kingdom, in Chancery Lane, is a fit and convenient place for holding the said examin: tions, and the said Society have consented to allow the same to be used for that purpose it is further ordered, that until further order, such examinations be there held on such days as the said Examiners, or any five of them, shall appoint; and that any person not previously admitted an attorney of any of the three Courts, and desirous of being admitted, shall give notice to the said Examiners, before the commencement of the Term next preceding that in which he shall propose to be examined, of his intention to apply for examination, by leaving the same with the Secretary of the said Society at their said Hall; which notice shall also state his place or places of residence or service for the last preceding twelve months; and in case of application to be admitted on a refusal of the certificate, shall give 10 days' notice, to be served in like manner, of the day appointed for hearing the same. 5. Three days, at the least, before the 8. A printed copy of the List of Admissions commencement of the Term next preceding and Re-admissions shall be stuck up in the that in which any person not before admitted, Queen's Bench, Common Pleas, and Excheshall propose to be admitted an attorney of quer Offices, and at the Judges' Hall or Chameither of the Courts, he shall cause to be de-bers of each Court in Rolls' Garden. livered at the Masters' Office a written notice, which shall state his place or places of abode or service for the last preceding twelve months, and the name and place of abode of the attorney or attorneys to whom he was articled and assigned, if any such assignment has been made; and the Master shall reduce all such 1. Every person applying to be admitted notices as in this rule first mentioned into an an attorney of any of the said Courts pursuant alphabetical table or tables, under convenient to the said rules shall, within the first seven heads, and affix the same on the first day of Term, in some conspicuous place within or near to and on the outside of each Court. And such person shall also, for the space of one full Term previous to the Term in which he

II. REGULATIONS

Approved by the Judges for the Examination of
Persons applying to be admitted as Attorneys
of the Courts of Queen's Bench, Common
Pleas, or Exchequer.

days of the Term in which he is desirous of being admitted, leave, or cause to be left with the Secretary of the said Incorporated Law Society his articles of clerkship duly stamped, and also any assignment which may have been

Rules of the Courts of Queen's Bench, Common Pleas, and Exchequer.

made thereof, together with answers to the several questions hereunto annexed, signed by the applicant and also by the attorney or attorneys, London agent, barrister, or special pleader with whom he shall have served his clerkship.

III. Have you at any time during the term of your articles been absent without the per2. In case the applicant shall show suf- mission of the attorney or attorneys to whom ficient cause, to the satisfaction of the Examin-you were articled or assigned? and if so, state ers, why the first regulation cannot be fully the length and occasions of such absence. complied with, it shall be in the power of the said Examiners upon sufficient proof being given of the same, to dispense with any part of the first regulation that they may think fit and reasonable.

248

Rules of the Courts.—Questions at the Examination.

And whereas it is expedient that upon the II. COMMON AND STATUTE LAW, AND PRAC

TICE OF THE COURTS.

dictable offence?

application of an attorney having neglected for the space of one whole year to procure or renew an annual stamped certificate, the Judge in which the cause of action constitutes an in5. Is a civil action maintainable in any case shall have means of inquiring as to the circumstances under which he has omitted to commence or has discontinued to practise, and as to his conduct or employment during the term of such omission or discontinuance:

1. It is ordered, That from and after the first day of Trinity Term next, every person who shall intend to apply on the last day of Term or in Vacation for such order shall three days at least previous to the first day of the Term, on the last day of which application is intended to be made, or, in case the application is to be made in the Vacation, shall previous to the first day of the preceding Term, leave at the office of the Master of the Court in which he intends to make the application a notice in writing, containing his name and place of abode for the last preceding 12 months. And that before the said first day of Term he shall enter or cause to be entered a like notice in two books kept for that purpose, one at the Chambers of the Lord Chief Justice or Chief Baron, and the other at the Chambers of the other Judges or Barons, and shall before the said first day of Term, cause to be filed the affidavit upon which he seeks to obtain or renew his said certificate at the office of the Masters aforesaid, and a copy thereof to be also left at the Chambers of the Lord Chief Justice of the Court of Queen's Bench.

2. The Masters shall reduce such notices into alphabetical order, and add the same to the list of admissions and re-admissions, and the order for the granting the certificate shall be drawn up on reading such affidavit of such copy having been left in compliance with this

rule.

3. Upon an application to dispense with

the usual notice and to take out or renew the

certificate of an attorney as aforesaid, a summons shall be served on the Registrar of Attorneys, calling on him to show cause within 10 days why such certificate should not be issued, and if no cause be shown to the satisfaction of the Judge, an order may be made for issuing such certificate if the Judge should think proper. [Signed by the Judges, 20th Jan., 1853.]

QUESTIONS AT THE EXAMINATION.

Hilary Term, 1853.

I. PRELIMINARY.

1. WHERE, and with whom, did you serve your clerkship?

2. State the particular branch or branches of the law to which you have principally applied yourself during your clerkship.

3. Mention some of the principal law books which you have read and studied.

4. Have you attended any, and what, law lectures?

debts respectively barred by the Statute of 6. When are specialty and simple contract Limitations, if no proceedings have been taken to prevent that Statute from operating?

7. When the Statute of Limitations is, in point of time, a bar to the recovery of such debts, state some of the most usual requisites to be proved, to take such debts out of the operation of the Statute, and will a verbal promise to pay be sufficient?

8. Is it necessary in any, and what, cases, previous to commencing an action, to give notice in writing to the opposite party of the if any notice is necessary, what would be the cause of action and claim for damages? And consequence of the plaintiff failing, upon the trial, to prove the giving such notice? between the liability of bail above, i.e., bail to 9. Is there any, and if any, what, difference the action, and bail on a writ of error?

10. Where an executor is sued for a debt

owing by his testator, and pleads plene adminithat plea, but there is other personal estate of stravit only, and the plaintiff cannot disprove the testator to be got in, what course should the plaintiff take?

11. A. commits an assault upon B.; B. dies before action brought: Can B.'s executors sue 4. for the recovery of damages in respect of the assault committed by A.?

12. If a plaintiff recover a verdict against two joint defendants, should he issue execution against each defendant for half? or if he issue execution against one for the whole, would the other be thereby exonerated entirely?

Drawer v. Acceptor, and the defendant pleads payment only, has the plaintiff anything, and what, to prove?

13. In an action on a bill of exchange,

14. Can a plaintiff be compelled upon a trial to be nonsuited against his will; and if he can what respect is a plaintiff's position better by a not, what should he do to prevent it? And in nonsuit than by a verdict against him?

15. State some of the most usual grounds upon which new trials are granted, and when generally upon payment of costs, and when without costs.

16. When the rule granting a new trial is silent as to costs, and the verdict on the second trial is the same as on the first, how are the costs of the first trial and of the motion for the new trial disposed of?

17. What are the means of enforcing an award where there is no cause pending, and the submission contains no clause for making

it a rule of Court?

18. What is the effect of withdrawing a juror on a trial as to costs? and can the plaintiff bring another action for the same cause?

19. After what period does a deed prove itself, without calling the attesting witness?

Questions at the Examination.

III. CONVEYANCING.

20. What is an estate in tail? and by what words is it created; and what words constitute an entail general, and what an entail special? 21. What power of disposition has a tenant in tail over entailed lands, both as regards his own estate tail, and all remainders over? and distinguish the case where there is a protector of the settlement from the case in which there is no such protector?

22. What is a copyhold or customary estate, and by what description of assurance is it created, and afterwards passed from one party to another?

23. How can the dower of a woman married

before the late Dower Act came into operation, be now defeated? and how can the dower of a woman, married subsequent to that Act, be defeated?

24. Will a covenant for production of title deeds in any, and what, cases run with the

land?

25. What are the general rules as to the descent of freehold lands of inheritance?

26. By what means are the respective species of property usually conveyed or transferred? 27. What are the proper modes of mortgaging freehold, copyhold, and leasehold estates? State each severally.

28. 4. is mortgagee in fee, and dies without devising the security, and the mortgage debt is applicable by his executor to the payment of the testator's debts; suppose the heir-atlaw of the mortgagee to be unwilling or incapable to re-convey the premises, to whom is the mortgagor to pay the principal money and in rest, and how is he to obtain an effectual ›nveyance of those premises?

re

-J. Is a lessee under the usual covenants to repair, liable to rebuild in case of fire? 30. State some of the principal points in which the law relating to Wills was altered by a late Statute.

31. If a person die intestate, how is his per

sonal estate distributed?

32. What covenants is it usual for trustees or mortgagees to enter into?

33. Can the printed particular and conditions of sale of an estate by auction, be varied by parol at the sale ?

34. What interest and power does the husband take in and over the following property of the wife her freehold estates, her personalty in possession, her chattels real, her choses in action? and what effect has the death of husband and wife, or wife, on this interest ?

IV. EQUITY, AND PRACTICE OF THE COURTS. 35. State the nature of an equity of redemption, and give a general description of the parties entitled to it.

36. Describe tacking," and in what cases it applies.

37. What is the distinction between legal and equitable assets, and in what order are each applicable to the payment of debts?

249

38. Can a married woman bind herself by contract in Equity in any, and what, case?

39. State the measures to be adopted by an executor or administrator in order to relieve himself from liability for debts due from the estate, of which he has no knowledge at the time when he is about to transfer the residue of the estate to the parties entitled.

40. If a creditor has omitted to take the necessary proceedings for recovering his debt from an executor or administrator who has relieved himself from the liability, can such creditor recover his debt, and from whom?

41. Is a mortgagee who has taken possession of the mortgage estate liable to account for which he has actually received out of the any, and what, sums of money beyond those

estate?

42. State the general purposes for which a mortgagee in possession may expend money upon the mortgaged estate which will be allowed to him by a Court of Equity in taking the account between mortgagor and mortgagee.

43. State the proceedings to be adopted under the Act of last Session, 15 & 16 Vict. c. 86, by a creditor seeking the assistance of a Court of Equity to obtain payment of his debt, or by a legatee seeking to obtain payment of his legacy, out of personal estate.

44. State the alteration made by the Act of last Session in cases where parties seek equitable relief under a legal title or right which has not been established at law.

45. State the course to be adopted under the Act of last Session in cases where a suit becomes abated by death or inarriage of parties, or defective by reason of any change or trans

mission of interest.

46. State the course of the present practice to compel appearance and answer, and the proceeding to be taken in case of default.

47. State the mode by which a defendant can, under the Act of last Session, obtain dis

covery from the plaintiff, and how such discovery was obtained under the former practice of the Court.

48. State the modes in which, under the Act of last Session, evidence may be taken in suits commenced by bill, and what option is reserved to the parties in this respect.

49. What alteration was made by the Act of foreclosure? last Session in the remedy given in suits for

v. BANKRUPTCY, AND

PRACTICE OF THE

COURTS.

50. What proceedings must be taken to obtain an adjudication in bankruptcy?

51. What facts must be proved to entitle the petitioning creditor to an adjudication?

52. Has the bankrupt any, and what time to dispute the adjudication, and how must he proceed for that purpose?

53. State the extent of the jurisdiction of the Court of Bankruptcy in London.

54. How are the creditors to prove their debts before the Commissioners?

55. What property held by the bankrupt