New Statutes.-Third Report of the Chancery Commissioners. Inclosure. County. Date of Provisional Order. Powers have been either renewed or replaced | SCHEDULE TO WHICH THIS ACT REFERS by new acts, commerce of importation or of exportation shall take place reciprocally on the footing of the regulations in force before the war; and in all other matters their subjects shall be respectively treated upon the footing of the most favoured nation. "33. The convention concluded this day between their Majesties the Queen of the United Kingdom of Great Britain and Ireland, the Emperor of the French, on the one part, and his Majesty the Emperor of all the Russias, on the other part, respecting the Aland Islands, is and remains annexed to the present treaty, and shall have the same force and validity as if it formed a part thereof. "34. The present treaty shall be ratified and the ratifications shall be exchanged at Paris in the space of four weeks, or sooner if possible. In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. Done at Paris the 30th day of the month of March, in the year 1856." NEW STATUTES EFFECTING AL- COMMONS INCLOSURE. 19 VICT. c. 11. Inclosures mentioned in Schedule proceeded with; s. 1. Short title; s. 2. Southwick Steep 5 Sussex. May 26, 1854 Southampton May 17, 1855 Bucks May 31, 1855 June 23, 1855 Sept. 6, 1855 Sussex. Oct. 25, 1855 West Chiltington Hexton. Upton upon Severn and Ripple. Rogate Jan. 17, 1856 Niton (Isle of Wight) Southampton Dec. 22, 1856 Whereas the Inclosure Commissioners for Among others it has been proposed that England and Wales have, in pursuance of the registrars should be relieved from the "The Acts for the Inclosure, Exchange, and Improvement, of Land," issued their provi-duty of attending to countersign the Acsional orders for and concerning the proposed countant-general's cheques. This duty was inclosures mentioned in the Schedule to this formerly performed by the registrars only, Act, and have in their Eleventh Annual Ge- but by an order of Lord St. Leonards, neral Report certified their opinion that such inclosures would be expedient; but the same cannot be proceeded with without the previous authority of Parliament: Be it enacted, as follows: 1. That the said several proposed Inclosures mentioned in the Schedule to this Act be proceeded with. 2. In citing this Act in other Acts of Parliament and in legal instruments it shall be sufficient to use either the expression "The Annual Inclosure Act, 1856," or "The Acts for the Inclosure, Exchange, and Improvement of Land." made on 27th July, 1852, the duty was directed to be performed by the Master of the Reports and Entries on three days of the week, one of the registrars being in attendance on the other three days. It is stated in the Report, that— "When the Accountant-General draws any cheque upon the Bank except for dividends. the sum for which the draft is drawn is marked in figures in the margin of the order directing the payment, and the AccountantGeneral puts his initials opposite these figures. It is the duty of the registrar before he countersigns the cheque to see that the cheque is drawn in favour of the person to whom it is 6 Third Report of the Chancery Commssioners. hereafter ordered to be paid, and that the amount of it year, so that an increase in the number of recorresponds with the sum specified in the gistrars does not appear necessary on the order, and he writes his initials in the margin ground of the constant sitting of six Courts. of the order opposite the amount specified. It will be seen that in a subsequent part of This signature operates as a guard against two this our report we recommend that assistance cheques being produced to the registrar suc- should be given to the registrars in the discessively for the same payment. The same charge of their duties out of Court. Should course is pursued on the first payment of di- this recommendation be carried into effect, the vidends under an order, but after the first registrars will be greatly relieved in respect of payment the order is not produced to the re- this portion of their business. We think it gistrar, so that he simply countersigns the right, however, to observe that, though we do Accountant-General's cheque on its being pro- not recommend the appointment of an adduced to him. It is the practice in the Ac-ditional registrar at present, we think it procountant-General's office for the Accountant- bable that such an appointment may General to sign the cheques upon his being be required, especially having regard to the satisfied that the cheque is drawn in favour of progressive increase in the number of orders, the proper person and for the proper amount. and we consider it desirable that power should The cheques being so drawn are intrusted to be given to the Lord Chancellor to increase the the clerks, to be by them given out to the per- number of registrars to 12, if, after the alterasons entitled, on their signing a receipt in the tions which it is proposed to make shall have Accountant-General's books. These cheques, been made, such an appointment should be especially cheques drawn for dividends, may found necessary. The recent abolition of the remain some time in the office before applica- office of the Master of the Reports and Entries tion is made for them. furnishes, in our opinion, an additional reason for giving such a power to the Lord Chancellor, because the whole duty of countersigning the Accountant-General's cheques, half of which is now performed by the gentleman who lately held the office of Master of the Reports, will, upon his death, devolve on the registrars.” It has been further suggested that the orders should be drawn by the solicitors and submitted to the registrars for their sanction. The Commissioners do not, however, approve of this suggestion. "If the practice of countersigning the cheques were abolished, the consequence would be that if a cheque were abstracted from the office, any person might obtain payment for it at the bank at once, and without application elsewhere. According to the present system this could not be done, but the cheque, after it has been received from the clerk, must be presented to the registrar or the Master of the Reports, and except when drawn for dividends the order must also be presented to one of these officers. We regard this course of proceeding as a protection against fraud, and we "We think that the orders of the Court are not prepared to recommend the abolition should be drawn up by officers of the Court of such protection, more especially as we find trained for the purpose, and we apprehend that the Accountant-General is strongly op- that orders drawn up by agents of the parties posed to its removal, and indeed is of opinion would often be made more favourable to the that an opportunity should be afforded for party drawing them up than the judgment of performing this duty more carefully than it the Court warranted, and that consequently can be at present done, by the countersigning disputes and differences would arise more freofficer being relieved from all other business quently, leading to great expense and frequent during his attendance at the Accountant- applications to the Court. We apprehend, General's office. We think it is of importance moreover, that uniformity in the mode of drawthat this duty of countersigning the cheques ing up orders would gradually cease, and that should still be performed, and we are of much confusion and uncertainty would conseopinion that a duty of this nature is better intrusted to a body of responsible and experienced officers like the registrare, acting in rotatio, than to a single officer to be appointed for the purpose." quently be introduced into the practice of the Court. A serious additional expense would also be thrown upon the suitors by such a change in the practice, for practically the orders would in most cases be drawn by counsel, and It has been also suggested that the num-delay would also, in our opinion, be increased, since it would often be impracticable for counber of registrars should be increased to 12, sel, consistently with their other engagements, thus giving two registrars to each Court; to frame the order immediately after it was but the Commissioners are not satisfied pronounced. We have arrived at the concluthat an increase in the number of registrars sion that the orders should continue to be is necessary. They observe that— drawn up by the registrars." "The Lord Chancellor and the Lords The Commissioners think, however, that Justices are not sitting in separate Courts the practice of the registrar's office, by every day in the week, except perhaps during which the minutes of decretal orders are Michaelmas and Hilary Terms and the inter- drawn up by the registrars, and the minutes mediate sittings, at which time there is less of orders on petitions and motions by the press of business than at other periods of the clerks, should be altered as follows : Third Report of the Chancery Commissioners.` "That the clerk attached to each registrar | however, with propriety be required in the case should prepare such of the orders, whether of existing clerks, whose right of succession is decretal or otherwise, as the registrar to whom regulated by Act of Parliament." he is attached may direct, and that the drafts of all the orders prepared by the clerk should be submitted to, or be expressly sanctioned by, the registrar before the draft is delivered out. We also think that it should be an instruction to the registrars to deliver out the draft in the first instance in as perfect a state as possible, and with this view we recommend that a general order should be issued, specifying in general terms what papers are to be left, preparatory to drawing up the order, so that the solicitor may know authoritatively what is required. The Commissioners are of opinion that the present practice of allowing parties to make their own appointments to settle minutes should be altered. "That when the draft order is delivered out, the party having the carriage of the order should fix with the registrar's assistant clerk a time for settling the draft with the registrar; that notice of this appointment should be. forthwith given to the opposite solicitora,"We also think that a short limited time sidered as peremptory, the registrar having and that the appointment should be con-should be fixed by a general order within power to adjourn the appointment to a fixed which the order should be bespoken and the time, as is now the practice in the Judge'spapers left; and that in case of non-compliance chambers. When the draft order is settled, a with the general order by the party having the conduct of it, the registrar should be authorised to decline drawing up the order without the express sanction of the Court. "We are further of opinion that in all cases the draft order should be made complete before the order is given out to be transcribed, and that care should be taken to avoid as much as possible any alteration in the transcript. We think that the passing of the order should be almost a formal act. time should, in like manner be fixed for passing the order, and for attending the registrar thereon, in cases where, in the judgment of the that the parties should attend him for that registrar, it would be necessary or advisable purpose. If parties neglected to attend, the re gistrar should have the power of settling and passing the order in their absence, and pro-ceeding in all respects as if the order had been made in their absence, though they may in fact "We do not consider that the responsibility gument of the case. The registrar should alsohave appeared in Court by counsel on the ar-of the order corresponding with the draft should be authorised, if he should see fit, to dispense rest with the solicitors. When the draft is with the production of the counsel's briefs settled, and left with the registrar for transcript when the parties neglect to produce them, and we think that the office should be responsible to act upon such evidence as he may think fit for its accuracy. Indeed, we think that if of the actual appearance by counsel for the greater care were bestowed on a settlement of party in cases where it may be unadvisable to the draft there would be few cases in which proceed as if the party neglecting to attend it would be necessary to attend the registrar were absent." again on passing the order." The Commissioners are further of opinion that each of the registrars should have an assistant clerk, appointed by him and removable at his pleasure. "That the duty of such assistant clerk should be to receive, take care of, and deliver out papers, fix appointments, answer ordinary applications, set down causes, and transact such other business as he might be directed to do. The clerks in the rotation would thus be relieved from much troublesome occupation, which interferes with the discharge of their proper duties, and would be thereby enabled to devote their undivided time and attention to drawing up the orders of the Court. "We also think that the clerk in the rotation attached to each registrar should be specially under his control. It has been suggested that it would be expedient to make the clerk's right of succession contingent on a certificate of good conduct to be given by the registrar to whom he may be attached; and we are disposed to think that an adoption of this rule would be attended with advantage, subject to a power to the Lord Chancellor to dispense with the certificate for any special reason applicable to the particular case. Such a certificate could not, tors' fees on settling the minutes and on They further recommend that the solicipassing the order should be consolidated into one fee. "In particular, doubts have been expressed whether it is expedient to have a distinct body of trained registrars, and whether it would not be an improvement, on the occurrence of vacancies to select the registrars from among members of the Legal Profession, either Barristers or Solicitors, leaving them to appoint their own clerks. We think that it is advisable to keep up the registrars' office as a separate establishment, the clerks rising by seniority and ultimately becoming registrars, but we do not enter further upon the conside 8 Third Report of the Chancery Commissioners.—Common Law Procedure Act. ration of this general question, remarking only | being relieved from the responsibility imposed upon this point that a complete change in the on them of seeing that funds disposed of under system could not be effected for many years orders of the Court are properly discharged to come, on account of the vested rights of the existing clerks.” The Commissioners think, however, that it would be expedient to make some alterations in the constitution of the office applicable only to future appointments. from legacy and succession duties; and they suggest that the Court should be satisfied of the discharge before the order is made. We not safely or properly be altered in this reare, however, of opinion that the practice canspect. The duties are seldom paid or provided for until after the party liable has been declared entitled to the fund, and has obtained known until after the decision of the Court an order for payment. In many cases it is not what legacy or succession duty is payable, or "Considering the time which must elapse before a clerk entering the office becomes a registrar, we think it desirable that a person should not be eligible after a certain age. The average period of service as a clerk being by whom it is to be paid. If, therefore, the 20 years, we think it would be right to fix Judge were in every case to be satisfied of this the age of entry at not later than 25 or 26 fact, a further hearing for this purpose would years. It has been suggested that each clerk in many cases take place, thus causing increasshould serve a year of probation, and that he ed expense and delay. We consider that the should not be fully appointed without a certifi- registrar is the proper officer to discharge such cate of approval by the senior registrar of his duties when imposed by the Legislature on the conduct during the year. We approve of this | suggestion. Court." 1854. COURT OF RECORD. "We are further of opinion that the junior COMMON LAW PROCEDURE ACT, clerks in the rotation not attached in particular to any registrar should, subject to the supervision of the senior registrar, be specially EXTENSION OF ACT TO SALFORD BOROUGH under the superintendence of the two principal clerks to the registrars who have not declined the office of registrar, and that opportunities should be afforded to these two principal clerks of attending the Court to qualify themselves for the office of registrar to which they are next in succession." The Commissioners think, also, that the improvements in the constitution and practice of the registrar's office which they have recommended, would be incomplete so long as the present want of proper accommodation exists." "We consider that each registrar should have a separate room, that the principal clerk attached to each registrar should also have a separate room contiguous to the room occupied by the registrar, and that proper and convenient accommodation should be provided for the other clerks and for the public. "We see no reason to recommend any change in the hours of attendance at the registrars' office. "We are of opinion, that the orders of the Court may in many cases be usefully shortened, and that in many cases, the ordinary directions contained in decrees might be provided for by general orders. The general orders made by Lord Cranworth on the 7th November, 1853, apply this principle to orders in lunacy, and have not produced any inconvenience that we are aware of. It is ordered by her Majesty in Council, that within one month after such order shall have been published in the London Gazette, cedure Act, 1854," and the rules made and to all the provisions of the "Common Law Probe made in pursuance thereof, with all requisite modifications and alterations with reference to the constitution and peculiar circumstances of the said Court (and except such provisions as are contained in the sections of the said Act numbered respectively 2, 17, 75, 76, 77, 95, 97, 98, and the whole of the 99th section, except so much thereof as explains the meaning of the word " action;" and also except sections 100, 101, 102, 104, 105, and 107, in the copy of the said Act printed by her Majesty's printers) shall extend and apply to the Court of Record for the hundred of Salford, in the county of Lancaster. And it was further directed that all the authorities, powers, or duties exercisable by the Court or a Judge, or any number of Judges, under any of the sections of the said Common Law Procedure Act, 1854," hereby extended and applied to the said Court of Record for the hundred of Salford, shall, as regards matters and proceedings in the said Court of Record, be exercisable and exercised by such Court or the Judge thereof, or his deputy duly appointed; that all the authorities, powers, or duties, exercisable by a Master, or any number of Masters, under any of the "We consider that much trouble and in- sections of the said Act as aforesaid, shall, as convenience might be avoided, if persons pre-regards matters and proceedings in the said senting petitions to the Court were required to Court of Record, be exercisable and exercised state at the foot of the petition the persons, if by the Registrar of the said Court, or his deany, upon whom the petition was intended to be served. "We find that the registrars are desirous of puty duly appointed; and that all the authorities, powers, or duties exercisable by a sheriff under any of the sections of the said Act as Summary Procedure on Bills of Exchange Act, 1855.-Questions at the Examination. aforesaid, shall, as regards matters and proceedings in the said Court of Record, be exercisable and exercised by the Head Bailiff of the said Court.-From the London Gazette of Sth April. SUMMARY PROCEDURE ON BILLS OF EXCHANGE ACT, 1855. EXTENSION OF ACT TO SALFORD BOROUGH Ir is ordered by her Majesty in Council, that within one month after such order shall have been made and published in the London Gazette, all the provisions of the "Summary Procedure on Bills of Exchange Act, 1855," and the rules made and to be made in pursuance thereof, shall, with all requisite modifications and alterations with reference to the constitution and peculiar circumstances of the said Court (and except such provisions as are contained in the sections numbered respectively 8, 9, and 10 in the copies of the said Act printed by her Majesty's printers, and except so much of section 1 as provides for the mode of fixing the amount of costs to be endorsed on the writ of summons under that section), extend and apply to the said Court of Record for the hundred of Salford, in the county of Lancaster. And it was further directed, that all the authorities, powers, or duties, exercisable by the Court or a Judge, or any number of Judges, under any of the sections of the said "Summary Procedure on Bills of Exchange Act, 1855," hereby extended and applied to the said Court of Record for the hundred of Salford, shall, as regards matters and proceedings in the said Court of Record, be exercisable and exercised by such Court or the Judge thereof, or his deputy duly appointed; that all the authorities, powers, or duties exercisable by a Master or any number of Masters under any of the sections of the said Act as aforesaid, shall, as regards matters and proceedings in the said Court of Record, be exercisable and exercised by the Registrar of the said Court, or his deputy duly appointed; and that all the authorities, powers, or duties exercisable by a sheriff under any of the sections of the said Act as aforesaid, shall, as regards matters and proceedings in the said Court of Record, be exercisable and exercised by the Head Bailiff of the said Court.-From the London Gazette of Sth April. QUESTIONS AT THE EXAMINATION. Easter 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. 9 4. Have you attended any, and what, law lectures? II. COMMON LAW AND PRACTICE OF THE COURTS. 5, What is the mode of proceeding in the case of a defendant residing within the jurisdiction of the Superior Courts, who wilfully evades personal service of the writ of sum mons? 6. Is the service of the writ of summons confined to any particular county? 7. For how many months is the writ of summons in force? 8. Define a plea by way of traverse, and a plea by way of confession and avoidance. 9. What is put in issue by the plea of "never was indebted" to a common count? 10. Can a defendant demur to a declaration which though informal is good in substance? Give your reasons for your answer. 11. From what time does the Statute of Limitations in an action for the breach of a simple contract begin to run? 12. What is required by the Statute of Frauds to make a contract for the sale of goods, for the price of 107., binding? 13. In what case is an infant responsible for the breach of his contract? 14. What do you understand by the legal maxim-Actio personalis moritur cum personá? and by what recent enactment has this maxim been qualified? 15. A. obtains judgment against B., to whom C. is indebted,-how can A. obtain the benefit of this debt? 16. State some of the grounds upon which a new trial is usually granted? 17. What are the steps to be taken by the holder of a bill of exchange to entitle him to sue the indorser upon the bill? 18. What are the chief distinctions between cases of libel and slander? 19. What is the foundation of the action at the suit of a parent for the seduction of his daughter? III. CONVEYANCING. 20. Define a base fee. B. is tenant in tail in remainder. How is B. 21. A. is tenant for life of freehold land, and to acquire an estate in fee simple in remainder? 22. Define an incorporeal hereditanient, and give some instances. 23. Define an estate in tail general, and an estate in tail male special. 24. Freehold land is limited to such uses as A. may appoint. A. appoints to B. and his heirs, to the use of C. and his heirs, in trust for D. and his heirs. What estates do B., C., and D. respectively take? 25. Define an estate in tail male general, and an estate in tail special. 26. Define a chattel real. 27. A mortgagee in fee dies intestate, and the mortgagor afterwards pays off the mortgage, who are necessary parties to the reconveyance? 28. A. is possessed of a lease for years, and |