« EelmineJätka »
Rules of the Courts of Queen's Bench, Common Pleas, aud Exchequer. 245 nation, were attached to the Court of the said are hereby authorised and required to adlate Vice-Chancellor : Now I do hereby order, minister, 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, 2. That all pleas, demurrers, causes, claims, and Exchequer, (or any eight or more of them, re-hearings, further directions, exceptions, and of whom the Chiefs of the said Courts shall be petitions, now standing for hearing in the three), from time to time, to nominate and appaper of the late Vice-Chancellor Sir George point such persons to be Examiners for the James Turner, be transferred to the paper of purposes aforesaid, and to make such Rules the Vice-Chancellor Sir William Page Wood, and Regulations for conducting such examinaunless removed therefrom by any special order, tion as such Judges shall think proper :" And to be made by the Lord Chancellor or the Lords whereas, in order to carry the said Statute more Justices of Appeal.
fully into effect, it is expedient annually to ap3. That all motions, petitions, and further point Examiners, subject to the control of the proceedings in causes and matters, to which Judges in manner hereinafter-mentioned : the foregoing Orders refer, shall (subject to And whereas, pursuant to the said Statute, the provisions of the 15th of the General certain Rules, Orders, and Regulations were Orders of the 5th May, 1837) be heard before made by the Judges of the said Courts in Easter the Judges to whose Court the same are, under Term, 1846, and other Rules, Orders, and Rethe provisions of these Orders respectively gulations of the said Courts, or one of them, attached, unless removed therefrom by any have been from time to time previously made, special order of the Lord Chancellor or the relating to the examination, admission, and Lords Justices of Appeal.
re-admission of attorneys, and their annual (Signed) CRANWORTH, C. certificates. And whereas it is expedient to
consolidate and amend the said Rules, Orders, RULES OF THE COURTS OF QUEEN'S
and Regulations in manner hereinafter men
tioned. BENCH, COMMON PLEAS, AND EXCHEQUER.
It is therefore ordered, that from and after the first day of Trinity Term next, all Rules,
Orders, and Regulations relating to the examiHilary Term, 1853.
nation, admission, and re-admission of attor1. EXAMINATION, ADMISSION, AND RE-neijs, anıt the taking out and renewal of their ADMISSION OF ATTORNEYS.
annual certificates, be, and they are hereby 11. REGULATIONS FOR CONDUCTING THE annulled : Provided that au notice
annulled : Provided that all notices, appointEXAMINATION.
ments, and other steps and proceedings duly NI. TAKING OUT AND RENEWAL OF AT-made, had, or taken under and by virtue of the TORNEYS' CERTIFICATES.
Rules, Orders, or Regulations, or any of them,
hereby to be annulled, shall be valid, and may 1, EXAMINATION, ADMISSION, AND RE- be carried into elect, anything, nerein
| be carried into effect, anything herein to the ADMISSION OF ATTORNEYS.
contrary notwithstanding. And it is ordered
that the following Rules, Orders, and RegulaWHEREAS, by section 15 of the Statute 6 &tions shall, from and after the said first day of 7 Vict. c. 73, it was enacted, “That it shall be Trinity Term next, be substituted in lieu of all lawful for the Judges of the Courts of Queen's such former Rules, Orders, and Regulations Bench, Common Pleas, and Exchequer, or any whatsoever. one or more of them, and he or they is and are 1. The several Masters for the time hereby authorised and required before he or they being for the Courts of Queen's Bench, Comshall issue a fiat for the admission of any per- | mon Pleas, and Exchequer, respectively, toson to be an attorney, to examine and inquire, I gether with 16 attorneys or solicitors, be by such ways and means as he or they shall appointed by a Rule of Court in every year, to think proper, touching the articles and service, be Examiners for one year, any five of whom and the fitness and capacity of such person to (one whereof to be one of the said Masters), act as an attorney; and if the Judge or Judges as shall be competent to conduct the examination; aforesaid shall be satisfied by such examination, and that subject to such appeal as hereinafteror by the certificate of such Examiners as I mentioned, no person who shall not have been 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 Terın, 1846.
246 Rules of the Courts of Queen's Bench, Common Pleas, and Exchequer. previously admitted a solicitor of the High shall apply to be admitted, enter or cause to be Court of Chancery shall be admitted to be entered in two books kept for that purpose, sworn an attorney of any of the Courts, except one at the Chambers of the Lord Chief Justice on production of a certificate signed by the or Chief Baron of the Court in which he apmajor part of such Examiners actually present plies to be admitted, and the other at the at and conducting his examination testifying Chambers of the other Judges or Barons of his fitness and capacity to act as an attorney, such Court, his name and place or places of and in the usual business transacted by an attor- abode, and also the name or names, and place ney ; such certificate to be in force only to the or places of abode of the attorney or attorneys end of the Term next but one following the to whom he shall have been articled and asdate thereof, unless such time shall be specially signed, if any such assignment has been made. extended by the order of a Judge.
6. Every person so proposing to be ad2. The Examiners 80 to be appointed mitted an attorney of either of the said Courts, shall conduct the said examination under re- who shall have given such notices of his intengulations to be first submitted to and approved tion to apply for examination and admission as by the Judges.
| aforesaid, or as authorised by this rule, and 3. In case any person shall be dissatis- who shall not have attended to be examined or fied with the refusal of the Examiners to grant not have passed the examination, or not have such certificate, he shall be at liberty within one been admitted, may, within one week after the month, to apply for admission by petition in end of the Term for which such notices were writing to the Judges, to be delivered to the given, renew the notices for examination or clerk of the Lord Chief Justice of the Court of admission for the then next ensuing Term, and Queen's Bench, upon which no fee or gratuity so from time to time as often as he shall think shall be received, which application shall be proper. And that all such renewed notices shall heard in Serjeants' Inn Hall by not less than be added to the list of notices of admission and three of the Judges.
re-admission, and placed up on the first day of · 4. And whereas the hall or building of the the Term in the said Courts, chambers, and Incorporated Law Society of the United King- offices. And the applicants named in such redom, in Chancery Lane, is a fit and convenient newed notices may be examined in the ordinary place for holding the said examinitions, and way in pursuance of such last-mentioned notices, the said Society have consented to allow the but shall not be admitted until the last day of same to be used for that purpose : it is further the Term, unless otherwise ordered by one of ordered, that until further order, such exami- the said Courts, or a Judge thereof. nations be there held on such days as the said 7. On an application to RE-ADMIT an Examiners, or any five of them, shall appoint; attorney who has been struck off the Rolls, and that any person not previously admitted an the applicant shall, before the commencement attorney of any of the three Courts, and desir- of the Term next preceding that in which ous of being admitted, shall give notice to the he intends to apply to be re-admitted, give said Examiners, before the commencement of notice thereof as in the case of an original the Term next preceding that in which he shail admission, and the affidavits in support of such propose to be examined, of his intention to apply application shall be filed at the office of the for examination, by leaving the same with the Master, and a copy thereof left at the Cham.. Secretary of the said Society at their said Hall; bers of the Lord Chief Justice of the Court of which notice shall also state his place or places Queen's Bench, before the Term, on the last day of residence or service for the last preceding of which the motion for re-admission is intended twelve months; and in case of application to to be made ; and the rule for such re-admission be admitted on a refusal of the certificate, shall shall be drawn up on reading such affidavit and give 10 days' notice, to be served in like man- an affidavit of such copy having been left and ner, of the day appointed for hearing the same. notices given in compliance with this rule.
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
II. REGULATIONS or service for the last preceding twelve months. | Approved by the Judges for the Examination o and the name and place of abode of the attorney Persons applying to be admitted as Attorneys or attorneys to whom he was articled and as of the Courts of Queen's Bench, Common
of the Courts of Queen's Bench, signed, if any such assignment has been! Pleas, or Exchequer. 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 days of the Term in which he is desirous of Term, in some conspicuous place within or being admitted, leave, or cause to be left with near to and on the outside of each Court. And the Secretary of the said Incorporated La such person shall also, for the space of one Society his articles of clerkship duly stamped, full Term previous to the Term in which he and also any assignment which may have been
Rules of the Courts of Queen's Bench, Common Pleas, and Exchequer. 247 made thereof, together with answers to the articles at the office where the attorney or atseveral questions hereunto annexed, signed torneys to whom you were articled or assigned by the applicant and also by the attorney or carried on his or their business? and if not, attorneys, London agent, barrister, or special state the reason. pleader with whom he shall have served his III. Have you at any time during the term clerkship.
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 IV. Have you during the period of your ar. said Examiners upon sufficient proof being ticles been engaged or concerned in any progiven of the same, to dispense with any part offession, business, or employment, other than the first regulation that they may think fit and your professional employment as clerk to the reasonable.
attorney or attorneys to whom you were ar3. Every person applying for admission ticled or assigned ? shall also, if required, sign and leave, or cause V. Have you since the expiration of your ar. to be left with the Secretary of the said Society, ticles been engaged or concerned, and for how answers in writing to such other written or long time, in any and what profession, trade, printed questions as shall be proposed by the business, or employment, other than the prosaid Examiners, touching his said service and fession of an attorney or solicitor? conduct, and shall also, if required, attend the Questions to be answered by the Attorney, Agent. said Examiners personally, for the purpose of
Barrister, or Special Pleader, with whom the giving further explanations touching the same,
Clerk may have served any part of the time and shall also, if required, procure the attorney
under his Articles. or attorneys with whom he shall have served his clerkship as aforesaid to answer either per
I. Has A. B. served the whole term of his sonally orin writing any questions touching such articles at the office where you carry on your service or conduct, or shall make proof to the business ? and if not, state the reason. satisfaction of the said Examiners of his inabi- II. Has the said A. B., at any time during lity to procure the same.
the term of his articles, been absent without 4. Every person so applying shall also your permission ? and if so, state the length attend the said Examiners at the Hall of the and occasions of such absence. said Society, at such time or times as shall be III. Has the said A. B, during the period appointed for that purpose, pursuant to the said of his articles, been engaged or concerned in rule, as the said Examiners shall appoint, and any profession, business, or employment other shall answer such questions as the said Exa-than his professional employment as your arminers shall then and there put to him by ticled clerk ? written or printed papers, touching his fitness IV. Has the said A. B., during the whole and capacity to act as an attorney and in the term of his clerkship, with the exceptions usual business transacted by an attorney. I above-mentioned, been faithfully and diligently
5. Upon compliance with the aforesaid employed in your professional business of an regulations, and if the major part of the said attorney or solicitor? Examiners actually present at and conducting V. Has the said A. B., since the expiration the said examination (one of them being one of his articles been engaged or concerned, and of the said Masters), shall be satisfied as to the for how long time, in any and what profession, fitness and capacity of the person so applying trade, business, or employment, other than the to act as an attorney, the said Examiners so I profession of an attorney or solicitor? present, or the major part of them, shall certify! And I do hereby certify that the said A. B. the same under their hands in the following hath duly and faithfully served under the arform, viz. :
ticles of clerkship (or assignment as the case In pursuance of the rules made in Hilary may be), bearing date, &c. for the term therein Term, 1853, of the Courts of Queen's Bench, expressed, and that he is a fit and proper perCommon Pleas, and Exchequer, we being the son to be admitted an attorney. major part of the Examiners actually present I. TAKING OUT AND RENEWAL OF ATat and conducting the examination of A. B.,
TORNEYS' CERTIFICATES. of, &c., do hereby certify that we have examined the said A. B. as required by the said. Whereas by section 25 of the Statute 6 & 7 rules : And we do testify that the said A. B. is Vict. c. 73, it was enacted, That "if any atfit and capable to act as an attorney of the said torney shall neglect to procure an annual Courts, and in the usual business transacted by stamped certihcate, ay
stamped certificate, authorising him to practise attorneys.
as such within the time by Law appointed for QUESTIONS AS TO DUE SERVICE OF AR
that purpose, then and in such case the RegisTICLES OF CLERKSHIP.
trar of Attorneys and Solicitors shall not after
wards grant a certificate to such attorney withTo be answered by the Clerk.
out the order of one of the Courts of Queen's 1. What was your age at the date of your Bench, Common Pleas, or Exchequer, or of articles ?
one of the Judges thereof, to issue such cerII. Have you served the whole term of your tificate.”
. Rules of the Courts.-Questions at the Examination. And whereas it is expedient that upon the II. COMMON AND STATUTE LAW, AND PRACapplication of an attorney having neglected for
TICE OF THE COURTS. the space of one whole year to procure or re-l 5. Is a civil action maintainable in any case new an annual stamped certificate, the Judge: shall have means of inquiring as to the circum
in which the cause of action constitutes an instances under which he has omitted to com
dictable offence ? mence or has discontinued to practise, and as
6. When are specialty and simple contract to his conduct or employment during the term
debts respectively barred by the Statute of of such omission or discontinuance:
"|Limitations, if no proceedings have been taken 1. It is ordered, That from and after the first
to prevent that Statute from operating? day of Trinity Term next, every person who
1 7. When the Statute of Limitations is, in shall intend to apply on the last day of Term
I point of time, a bar to the recovery of such or in Vacation for such order shall three days
debts, state some of the most usual requisites at least previous to the first day of the Term,
to be proved, to take such debts out of the on the last day of which application is intended
is operation of the Statute, and vill a verbal to be made, or, in case the application is to be
promise to pay be sufficient? made in the Vacation, shall previous to the first
8. Is it necessary in any, and what, cases, day of the preceding Term, leave at the office
previous to commencing an action, to give
notice in writing to the opposite party of the of the Master of the Court in which he intends
cause of action and claim for damages ? And to make the application a notice in writing, containing his pame and place of abode for
if any notice is necessary, what would be the the last preceding 12 months. And that beforel.
consequence of the plaintiff failing, upon the
trial, to prove the giving such notice? the said first day of Term he shall enter or cause to be entered a like notice in two books kept
9. Is there any, and if any, what, difference for that purpose, one at the Chambers of the
between the liability of bail above, i.e., bail to Lord Chief Justice or Chief Baron, and the
the action, and bail on a writ of error? other at the Chambers of the other Judges or
| 10. Where an executor is sued for a debt Barons, and shall before the said first day of
flowing by his testator, and pleads plene adminiTerin, cause to be filed the affidavit upon:
stravit only, and the plaintiff cannot disprove which he seeks to obtain or renew his said cer-1
that plea, but there is Other personal estate of tificate at the office of the Masters aforesaid,
the testator to be got in, what course should
the plaintiff take? and a copy thereof to be also left at the Cham-1° bers of the Lord Chief Justice of the Court of
11. A. commits an assault upon B.; B. dies
" before action brought : Can B.'s executors sue Queen's Bench. 2. The Masters shall reduce such notices intol:
inn A. for the recovery of damages in respect of alphabetical order, and add the same to the
the assault committed by A.? list of admissions and re-admissions, and the
12. If a plaintiff recover a verdict against
two joint defendants, should he issue execution order for the granting the certificate shall be drawn up on reading such affidavit of such
| against each defendant for half? or if he issue
1. execution against one for the whole, would the copy having been left in compliance with this rule.
other be thereby exonerated entirely? 3. Upon an application to dispense with
13. In an action on a bill of exchange, the usual notice and to take out or renew the
Drawer v. Acceptor, and the defendant pleads certificate of an attorney as aforesaid, a sum- ?
payment only, has the plaintiff anything, and
what, to prove ? mons shall be served on the Registrar of Attorneys, calling on him to show cause within 1012
14. Can a plaintiff be compelled upon a trial days why such certificate should not be issued,
'to be nonsuited against his will; and if he canand if no cause be shown to the satisfaction ofl.
not, what should he do to prevent it? And in
what respect is a plaintiff's position better by a the Judge, an order may be made for issuing such certificate if the Judge should think proper.
nonsuit than by a verdict against him?
15. State some of the most usual grounds Signed by the Judges, 20th Jan., 1853.] upon which new trials are granted, and when
generally upon payment of costs, and when QUESTIONS AT THE EXAMINATION.
16. When the rule granting a new trial is
silent as to costs, and the verdict on the second Hilary Term, 1853.
trial is the same as on the first, how are the
costs of the first trial and of the motion for 1. PRELIMINARY.
the new trial disposed of? 1. WHERE, and with whom. did you serve 17. What are the means of enforcing au your clerkship?
award where there is no cause pending, and • 2. State the particular branch or branches the submission contains no clause for making of the law to which you have principally ap- it a rule of Court ! plied yourself during your clerkship.
18. What is the effect of withdrawing a 3. Mention some of the principal law books juror on a trial as to costs ? and can the plainwhich you have read and studied.
tiff bring another action for the same cause? 4. Have you attended any, and what, law 19. After what period does a deed prove lectures ?
itself, without calling the attesting witness?
Questions at the Examination.
1 38. Can a married woman bind herself by 20. What is an estate in tail ? and by what Co
chat contract in Equity in any, and what, case? words is it created ; and what words constitute
39. State the measures to be adopted by an an entail general, and what an entail special ? |
12 executor or administrator in order to relieve 21. What power of disposition has a tenant
sont himself from liability for debts due from the in tail over entailed lands, both as regards his
This estate, of which he has no knowledge at the own estate tail, and all remainders over ? and
time when he is about to transfer the residue distinguish the case where there is a protector
of the estate to the parties entitled. of the settlement from the case in which there
40. If a creditor has omitted to take the neis no such protector?
cessary proceedings for recovering his debt 22. What is a copybold or customary estate,
from an executor or administrator who has reand by what description of assurance is it
lieved himself from the liability, can such crecreated, and afterwards passed from one party
ditor recover his debt, and from whom? to another?
41. Is a mortgagee who has taken possession 23. How can the dower of a woman married 0
ried of the mortgage estate liable to account for before the late Dower Act came into opera
m any, and what, sums of money beyond those tion, be now defeated ? and how can the dower
or which he has actually received out of the of a woman, married subsequent to that Act,
estate? be defeated :
42. State the general purposes for which a 24. Will a covenant for production of title
mortgagee in possession may expend money deeds in any, and what, cases run with the
ses run with the upon the mortgaged estate which will be alland ?
lowed to him by a Court of Equity in taking 25. What are the general rules as to the
the account between mortgagor and mortgagee. descent of freehold lands of inheritance ?
1 43. State the proceedings to be adopted 26. By what means are the respective species
sies under the Act of last Session, 15 & 16 Vict. c. of property usually conveyed or transferred ?
edz 86, by a creditor seeking the assistance of a 27. What are the proper modes of mortgag-|
Court of Equity to obtain payment of his debt, ing freehold, copyhold, and leasehold estates ?
or by a legatee seeking to obtain payment of State each severally
his legacy, out of personal estate. 28. A. is mortgagee in fee, and dies without
| 44. State the alteration made by the Act of devising the security, and the mortgage debt
Jeht last Session in cases where parties seek equitis applicable by his executor to the payment
able relief under a legal title or right which has of the testator's debts; suppose the heir-at
not been established at law. law of the mortgagee to be unwilling or inca
1 45. State the course to be adopted under pable to re-convey the premises, to whom is 1:
nic the Act of last Session in cases where a suit the mortgagor to pay the principal money and
becomes abated by death or marriage of parties, in 'rest, and how is he to obtain an effectual or.
muilor defective by reason of any change or transre inveyance of those premises ?
mission of interest. J. Is a lessee under the usual covenants to
46. State the course of the present practice Tepair, liable to rebuild in case of fire ?
to compel appearance and answer, and the pro30. State some of the principal points in ceeding to be taken in case of default. which the law relating to Wills was altered by
47. State the mode by which a defendant a late Statute.
can, under the Act of last Session, obtain dis31. E nerson die intestate how is his percovery from the plaintiff, and how such dissonal estate distributed ?
covery was obtained under the former practice 32. What covenants is it usual for trustees of the Court.
48. State the modes in which, under the Act or mortgagees to enter into?
33. Can the printed particular and condi- of last Session, evidence may be taken in suits tions of sale of an estate by auction, be varied commenced by bill, and what option is reserved by parol at the sale ?
to the parties in this respect. 34. What interest and power does the hus
49. What alteration was made by the Act of band take in and over the following property
ertu last Session in the remedy given in suits for of the wife :-her freehold estates, her per- foreclosure : sonalty in possession, her chattels real, herv. BANKRUPTCY, AND PRACTICE OF THE choses in action ? and what effect has the
COURTS. death of husband and wife, or wife, on this 50. What proceedings must be taken to obinterest ?
| tain an adjudication in bankruptcy? IV, EQUITY, AND PRACTICE OF THE COURTS. 51. What facts must be proved to entitle the
petitioning creditor to an adjudication ? 35. State the nature of an equity of redemp. 52. Has the bankrupt any, and what time to tion, and give a general description of the dispute the adjudication, and how must he proparties entitled to it.
ceed for that purpose ? 36. Describe "tacking," and in what cases 53. State the extent of the jurisdiction of the it applies.
Court of Bankruptcy in London. 37. What is the distinction between legal 54. How are the creditors to prove their and equitable assets, and in what order are debts before the Commissioners ? each applicable to the payment of debts ?
55. What property held by the bankrupt