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Law of Attorneys and Solicitors.—Questions at the Examination.

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15. State the conditions of profit and loss necessary to constitute a partnership as hetween the members of a firm, and to create liability as to third persons?

not to take advantage of the difficult po- | 14. What is the difference to the plaintiff of sition in which his client is placed, to extort being nonsuited, and having a verdict found from him such a bargain as this. I think for the defendant? Mr. Vann ought to furnish, not a technical bill of costs, but such a general account of the money he has expended on behalf of Wilson as the Master may think that under the peculiar circumstances he ought to give. The attorney, one would expect, would be glad of an opportunity to explain such a transaction. Let the whole matter go to the Master and let him dispose of it."

The rest of the Court concurring, and the parties consenting, the rule was referred to the Master, who, in the result, was so far satisfied with the accounts given by Mr. Vann, that he directed the rule to be discharged; but he declined to allow Mr. Vann his costs. In re Vann, 15 Com. B.

341.

16. When does distress for rent lie?

17. What is the law as to proving any instrument by the attesting witness? and has there been any recent alteration in it?

18. At what time during the continuance of the tenancy may a good notice to quit be given, in the case of a yearly, and of a monthly, or weekly tenancy; there being no special agreement or usage affecting the rights of the parties?

19. What are the respective rights to contribution among co-defendants after judgment recovered against them, in actions of contract, and of tort?

III. CONVEYANCING.

20. State the different kinds of estates in

QUESTIONS AT THE EXAMINATION. lands and hereditaments.

Trinity Term, 1856.

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?

II. COMMON AND STATUTE LAW, AND PRACTICE OF THE COURTS.

5. Give a brief account of the concurrent and exclusive jurisdictions of the three Superior Courts of Law.

6. What step must be taken by a party de siring to proceed in an action, in which there have been no proceedings for one year from the last proceeding had? Is a summons with out an order a proceeding; or a notice of trial although countermanded?

7. What is the rule as to costs (excluding the County Court Acts) when a plaintiff recovers or takes out of Court a sum not exceeding 201. in actions on contract?

8. What does the plea of Not Guilty operate as a denial of, in actions for torts?

9. In what time are simple contract debts barred by the Statute of Limitations? and how are they taken out of the operation of the Statute when it has began to run?

10. How do you proceed in case of the death of a sole plaintiff or surviving plaintiff ?

11. State, shortly, the leading distinctions between simple contracts and contracts under

seal.

12. Who is usually the right party to bring an action on a bill of lading?

13. What is a concurrent writ of summons? when may it be obtained, and how long is it in force?

21. Land is devised by will or limited by deed to A. for life, with remainder to his heirs, -what estate does A. take?

22. What are the requisites to produce a merger of an estate?

23. Explain the doctrine of estoppel. 24. Give instances of legal and equitable es

tates respectively.

and the distinctions in transferring each? 25. What are the several kinds of property,

26. What are emblements? and has there

been any, and what, recent alteration in the law relating thereto ?

27. Describe the mode of proceeding to obtain an enfranchisement of copyhold property. 28. What are the usual covenants in a farming lease?

29. What breaches of covenant in a lease will operate as a forfeiture, and has the lessee any, and what, relief in equity, on any, and what, terms in regard to any, and which, of such breaches of covenant?

30. On the purchase of a freehold estate, what are the duties of the solicitor for the purchaser, in the investigation of the vendor's title and the completion of the purchase?

31. What should be particularly regarded on the execution of deeds, whether ordinarily, or under a power of attorney, or in execution of a power of appointment?

32. What deeds should be registered or enrolled, and when, and where?

33. Who may make a will, and what are the requisites to give it validity as to its form, execution and attestation ?

34. How can a will be altered after its execution by the testator, and how can it be revoked altogether?

IV. EQUITY AND PRACTICE OF THE COURTS.

35. If real estate be devised upon trust for sale for a particular purpose, and that purpose either wholly fail, or do not exhaust the pro

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Questions at the Examination.

ceeds of the sale, will the part that remains un- | applied (whether the estate has been actually sold or not) result to the heir-at-law, or go to the next of kin of the testator?

36. When property is purchased by a parent in the name of his child, and the child dies in the lifetime of such parent, to whom will such property go?

37. When is a purchaser of land, sold by trustees for sale under a will not containing an express power to the trustees to give receipts for the purchase-money, not bound to see to the application of the purchase-money?

38. What is the meaning of a "wife's equity to a settlement," and what property does it apply to?

39. What is the meaning of a "fraud upon marital rights?"

40. What is the rule of equity with respect to gifts to persons in a confidential fiduciary or other relation towards the donor?

41. State some of the persons who are considered to fill the confidential fiduciary, or other relation referred to in the last question.

42. What right have remaindermen and reversioners to have the title deeds, being in the hands of the legal tenant for life, secured, and when will such right be enforced?

43. In what cases and under what circumstances may a written copy of a bill be served upon a defendant? (15 & 16 Vict. c. 86.)

44. In what manner, and against whom, is the production of documents in a suit according to the modern practice obtained? (15 & 16 Vict. c. 86.)

45. How may a defendant obtain discovery from a plaintiff without filing a cross-bill? (15 & 16 Vict. c. 86.)

46. What is the rule with respect to facts deposed to in an affidavit when the facts are within the deponent's own knowledge, and when the knowledge of them is derived from information obtained from others? (8th & 9th Orders of 13th January, 1855).

47. Is it necessary to give any notice with respect to whether the evidence in a suit is to be taken orally or by affidavits? (4th Order of 13th January, 1855.)

48. What are the steps to be taken in enforcing an order by "process of contempt?" 49. How should a suit be commenced when it is necessary to apply for an injunction?

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54. Who are allowed to be legal practitioners in the Courts of Bankruptcy, and how is the right to practice there obtained? Describe the rights of various descriptions of practitioners. 55. What means are there of compelling an insolvent trader to render himself liable to be adjudged a bankrupt?

56. Is an assignment by a trader, in insolvent circumstances, in any case valid as against a bankruptcy? And if so, in what cases, or by what means, or after what period, does it become not liable to be invalidated?

57. What is the effect of a certificate in bankruptcy, and by whom, and when, is it granted?

58. In what cases does the obtaining a certificate authorise the discharge of the trader from custody?

59. Under what circumstances, or after what periods, do any transfers or other acts, executed or done by a trader in insolvent circumstances, become not liable to be invalidated by bankruptcy?

60. Are there any, and what, limits of time, after acts committed, within which proceedings towards adjudication in bankruptcy should be taken? Specify the various Acts and the times prescribed.

61. Describe the sort of cases which may occur of the property of another, being in the order and disposition of an insolvent trader, and the consequences of such a state of circumstances, in case of bankruptcy. Give instances.

62. Are there any, and if any, what, instruments or acts executed or done by a trader which would be void as against his assignees, unless some, and what, precautions were taken to protect or give validity to them? Describe the cases, and the necessary steps to be taken.

63. What effect has a certificate in bankruptcy on a commitment by a County Court Judge for not obeying an order of that Court?

64. What is meant by reputed ownership? Describe the sort of cases where it may occur or come in question, and the effect of it.

VI. CRIMINAL LAW AND PROCEEDINGS
BEFORE MAGISTRATES.

65. What, in our Law, is the distinction between crimes and civil injuries?

66. State the difference between a principal in the first degree and in the second degree.

67. Are all accessaries equally guilty with respect to the crime committed by the principal? and mention any crime in which there is no accessary, but all the parties are accounted principals.

68. Define homicide; and give instances of justifiable homicide, and excusable homicide. 69. What is the crime of arson, and is there any, and what, punishment for persons negli gently setting fire to houses?

70. Define larceny; give the derivation of the word. May larceny be committed as to a thing of which the owner is unknown?

71. What is the punishment inflicted upon a person receiving stolen goods, and by what Statute is the offence made felony?

Questions at the Examination.-Legal Education.-Legal Examination.

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72. Define forgery. Is any material altera- | argument is "give a dog a bad name and you tion in the forged instrument forgery as well as the entire fabrication ?

73. In what does compounding of felony consist, and what is the punishment for the offence?

74. Describe common barratry - maintenance and champerty.

75. What is conspiracy, is it necessary to perfect this crime that the act contemplated should have been accomplished?

76. What is an indictment, before whom is it preferred, and by whom is it tried? 77. What is the process upon which the accused party is taken into custody?

78. What is the mode in which a prisoner is arraigned, and by what Statute is it that the trial for treason or felony proceeds should the prisoner refuse to plead?

79. May the accused person plead to the jurisdiction-demur-or plead in abatement? if so, describe the nature and effect of each mode of defence.

LEGAL EDUCATION.

To the Editor of the Legal Observer.

REDUCTION OF DUTY ON ARTICLES.

SIR, I must claim your indulgence once more to make a short reply to some of the observations of your very intelligent correspondent B., in your last number.

may as well hang him," in other words, the rejects industry, morality, and honour, and clerk's position is such that he loses confidence, sinks from bad to worse, utterly indifferent to despair of ever improving his condition. But the social position of himself or his family, from classes? and is it the case amongst the law is this the case amongst the poor of other clerks I say no. There is an excellent soof the Profession, and which numbers very ciety which is deserving of the cordial support United Law Clerks' Society. Is this evidence many of this depraved (?) body-I mean the ties? of immorality, irreligion, and neglect of social have done this for themselves they cannot be If the law clerks can show us that they en masse deserving of so wide a censure as B. ments. casts upon them in the warmth of his arguliable to stray from the purpose for which I But in defending the law clerks I am took up my pen-I can leave them to find a more worthy advocate for themselves than I can pretend to be.

Your correspondent having been arguing for some time against the burthens to which law clerks are subject in this attempt to elevate themselves, suddenly changes his tone and asserts that "every instance of advancing ordinary clerks to the position of those who have been regularly articled-who have defrayed the expenses themselves and served five years withcertainly an injustice." I do not see it in this out salary, and, perhaps, paid a premium-is light-I would hail with pleasure the elevation of an "ordinary clerk," though he has paid no premium, if he were deserving of it. And it is because I think that the worthy men of that class may hope for this, and work and toil for this, that I would wish the stamp duty on articles should remain as it is, to keep out the idle and the worthless and to encourage the good.

I think the points on which we agree are considerably more numerous than those on which we disagree. As far as I am able to judge your correspondent's views, he is equally anxious with myself to maintain the respectability of the Profession, whilst every encouragement is afforded to the meritorious and industrious clerk, and we only differ as to the means of attaining that end. We are both favourable to increasing the qualifications of those claiming admission, but whereas I am for retaining the present stamp duty on articles, spondent and myself never disagreed, and I As to intellectual qualifications, your correand at a future time, when the burthen of the should not have attempted to have written a late war has ceased, for the removal of the cer- line had I not supposed that his object was to tificate duty, your correspondent seems desirous lay before you and your readers what he conto reduce the stamp upon articles to an insig-sidered the pecuniary burthens on law clerks— nificant amount, which will neither afford burthens which, whatever may be the opinion security to the Public nor satisfy the Pro- of others, I cannot help thinking, have been fession of the worth and respectability of the wisely imposed by the Legislature. aspirants. And, indeed, B.'s arguments are rather damaging than otherwise to his cause, for if law clerks are so demoralized and worthless as he would fain have us believe (though I have not found them so), what permanent advantage can we or the public derive from affording them facilities to become members of the Profession? Surely it would be the greatest inducement possible for the Incorporated Law Society and the Legislature to withdraw the attorneys from so contaminating an influence!

It is true, B. attributes the depravity of the law clerks (a depravity which he must bear in mind I do not admit) to the unfair position in which he considers them placed. In fact his

LEGAL EXAMINATION.

L.

Easter Term, we find a specimen of the ordeal UNDER "Questions for Examination" in the young lawyer has to undergo previous to being allowed to enrol his name on the list of attorneys. The felicitous 77 who passed, we may suppose reposing under mutual felicitations on the event; and the 11, whose less fortunate stars ordained their "postponement" to for those that have passed-they have been rea later season-we will not suppose at all; -but quired to compress the reading and experience of five years into as many hours, by a process, it seems, of even more minute condensation than

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Legal Examination.—Metropolitan and Provincial Law Association.

the Florentine cook, who told his master that he has no opportunity in vivá voce as at Oxford he could (the word given) put 100 hams into or Cambridge examinations, of retrieving his anything the size of a walnut. They have had lost honours or explaining his ambiguous five papers put before them at one time, con- phrases. Might not some remedy be found for taining (inclusive of preliminary questions) 79 this? Might not the examination extend over questions, several of which questions are sub-two days? or a vivá voce examination," allow divided, and some as this, for instance--"Some of some of the questons untouched on being account of the equitable jurisdiction of the afterwards proposed to, and explained by him, Court of Chancery, and from whom was it whom nothing but an unfortunate want of sufborrowed,"-not answerable well and clearly ficient quickness of writing prevented answerunder at least between a quarter or half an ing satisfactorily. S-x. hour; but none of them are of such a difficult nature but that a man who has applied himself with good abilities and perseverance to his METROPOLITAN AND PROVINCIAL

book might be able to give some answer to them; but to write down the answer thereof, the wisdom of Eldon were but as nothing, could he not establish an electric communication between his brain and paper, or were allowed to put down the answers in short-hand.

We have heard a story, which we ourselves had of one of the parties, of two professional mathematicians taking one of the mathematical papers at Cambridge, in order to see in how short a period it might with certainty be done by a man of experience and knowledge; the result was, one finished the morning task in six weeks, the other is still in uncertainty, never having finished it. What would be the issue of a like experiment on the five papers before us?' Now, the end of an examination ought not, we opine to be this,-to find out what the examinee knows from the hurried and crude answers he can write down in six hours to 79 questions, but to give him such questions, and in such number, as will afford him an opportunity of showing what he knows clearly and distinctly on each head; and for this purpose, either to shorten the number of questions so as to admit of his giving out his knowledge on these points, not at diffuse length, but explicitly, and with distinctness, or if the 75 questions must still be given, let them be given part one day and part another.

LAW ASSOCIATION.

[Concluded from page 95.]

LIST OF PLACES WHERE SEARCHES FOR IN-
CUMBRANCES OUGHT TO BE MADE, AND
PROBABLE EXPENSE.

Deeds and Wills.-Middlesex, Northallerton, Beverley, or Wakefield.-1 guinea and 2s. 6d. fee.

Judgments, Crown Debts, Lis Pendens, Rent Charges, and Annuities.-Common Pleas Office.-17. 13s. 4d. and 1s. fee.

Or Judgments.-Preston, for County Palatine of Lancaster; or Durham, for County Palatine of Durham,-13s. 4d. and 1s. fee. Bankruptcy.-Basinghall Street.-13s. 4d. and 1s. fee.

Insolvency.-Portugal Street.-13s. 4d. and

1s. fee.

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County Court Judgments.
Street.-13s. 4d, and 1s. 6d. fee.
Annuities under the Old Act.-Inrolment
Office, Chancery Lane.--13s. 4d. and 1s. fee.
of

DEAR SIR,

In the matter of the purchase of

1856.

As the purchaser of the above property, and being desirous of saving expense, and feeling satisfied that searches for against may, in this case, be omitted with safety, I hereby authorise you to dispense with those searches. I am, DEAR SIR,

It reduces the anxiety and apprehension of an examinee to this, lest he should by some strange fatality in the hurried moments not be able to show what he does know, and therefore, being naturally anxious to write down all he does know, and on reading over the paper, thinking he can answer most of the questions, and knowing that as, "in jure non creditur nisi juralis," so where written answers are rerequired non creditur except to writers, and that it may be supposed he is utterly ignorant of what he does not answer, hurries blindly along, and very frequently gives wrong or indifferent answers to all the questions he is able to touch on, answering few badly, where with time for consideration he might have answered" all well, till "spatium contractius usque volentem ire velat," and he is obliged to show up his paper with all the marks of haste and want of thought, unfinished and unfit, and after this

We understand that all, or nearly all, the questions have been well answered within the time.

To Mr. G. H.

Yours truly,

C. D.

Criminal Justice Bill.-In the Criminal Justice Act, which received the Royal Assent on the 14th August last, the Committee made a strong, though unsuccessful, effort to obtain the introduction of a clause enabling a prisoner in criminal cases to substitute for the plea of Not Guilty," a plea that he wishes to be tried. Justices of the Peace Qualification Bill.-The active exertions of the Committee have also been directed to the Justices of the Peace

2 The regulations of the Judges require the examination to be conducted by written or printed questions. How could there be an appeal from an oral examination ?-ED.

Metropolitan and Provincial Law Association.

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The County Courts Bill has been already alluded to. It was read the first time on the 11th of March, and no day has yet been fixed for the second reading.

Qualification Bill. The Committee consider | Niece, has this year been introduced into the that this is, in general, a useful Bill; but it House of Lords by Earl St. German's and contains, as drawn, a clause declaring attor- stands for the second reading for the 17th neys, solicitors, and proctors, disqualified from instant. being justices of the peace for counties. The A Bill for better enforcing Church Discipline Committee feel that this is not only a stigma and the Laws Ecclesiastical, and for the estaon a large, influential, and respectable body of tablishment of Ecclesiastical Registries at Lonpractitioners, but also an injury to the public, don or Westminster, and at Dublin, was preby excluding those who, from their legal know- sented by the Lord Chancellor on the 14th of ledge and habits of business, are peculiarly March, on which day it was read a first time. qualified to be in the commission of the peace. The object of the Bill is to regulate the constiThey have, therefore, drawn a petition, praying tution, jurisdiction, and practice of the Prothat this clause may be omitted, and another vincial and Diocesan Courts, and to establish substituted, declaring that attorneys, solicitors, Ecclesiastical Registries. and proctors shall not, while in the commission of the peace, practise in general or petty sessions, or in the prosecution or defence of any prisoner accused of any criminal offence, under a penalty of 50%. This pe- A Bill to transfer the Jurisdiction in Matritition has been presented to the House of monial Causes, and to establish a Court of DiCommons by Mr. Hadfield. The Committee vorce, was presented by the Lord Chancellor have also, in conjunction with the Com- on the 11th instant. This Bill determines the mittee of the Yorkshire Law Society, drawn jurisdiction of the Ecclesiastical Courts in the clauses proposed to be substituted, which Mr. Hadfield has undertaken to move. This Bill was presented on the 13th of February, and was read a second time on the 27th of February. It is committed for this day. Consolidation of the Statutes.-The question of the Consolidation of the Statutes has also engaged the attention of the Committee; on which they have had submitted to them, by one of the most active of the provincial members of their body, the draft of a petition to both Houses of Parliament. The Committee, however, have not yet formed a decided opinion as to the best mode of obtaining this most desirable object. The subject is one of very great importance and considerable difficulty, and will receive the careful attention of the Committee.

Bills in Parliament.-Fifty-one Law Bills have been introduced into Parliament this Session, and read a first time; twelve in the House of Lords, and thirty-nine in the House of Commons.

The Leases and Sales of Settled Estates Bill, presented by the Lord Chancellor, has been already noticed.

Matrimonial Causes, and constitutes a new
Court, to be called the Court of Divorce.

It regulates the constitution, jurisdiction, procedure, and practice of the Court, in which attorneys and solicitors are to be allowed to practice. A divorce pronounced in this Court is to be final, unless within three months an appeal is presented to the House of Lords. It is a valuable Bill, and should have the support of the Profession. It contains 52 sections. No day for the second reading has been named.

A Bill was presented by the Bishop of Exeter on the 11th instant to regulate the proceedings in the case of clerks in holy orders offending against the laws ecclesiastical. This Bill also is waiting for a day to be appointed for the second reading.

A Bill to amend the Law of Partnerships was introduced on the 1st of February by Mr. Lowe, and was read a second time on the 8th of February, and committed for the 25th of February. It was, however, after several adjournments, withdrawn on the 10th of March.

A new Bill bearing the same title was presented by the same gentleman on the 7th inst. The Bill is short, but the enactments contained A short Bill, presented by the Lord Chan-in it are important. It is not to extend to the cellor, to enable the Court of Queen's Bench to order certain offences to be tried at the Central Criminal Courts, has passed both Houses, and received the Royal assent.

A Mercantile Law Amendment Bill has also been presented by the Lord Chancellor, entitled "A Bill to amend the Laws in England and Ireland relating to Trade and Commerce." The object of this Bill is to assimilate the Law of England, Scotland, and Ireland, in commercial matters. It consists of 22 sections, some of them of very considerable importance, and will receive the careful attention of the Committee. It has been read a second time, and referred to a Select Committee, which has not yet made its report.

The Bill to legalise Marriages with a Deceased Wife's Sister, or with a Deceased Wife's

business of a banker; and provides that in certain specified cases the reception of a portion of the profits shall not constitute a partnership.

A Bill, entitled, "A Bill for the Incorporation and Regulation of Joint Stock Companies and other Associations," has also been presented by Mr. Lowe. It was read a second time on the 8th of February, and stands committed, after various adjournments, for the 18th instant. This Bill regulates the constitution and incorporation of companies, their management and administration, the examination of their affairs, and provides for their windingup, and the establishment of official liquidators. It contains 108 sections, and a long schedule of tables and forms, and is a Bill of very great importance.

A short Bill to amend the Acts relating to

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