Page images
PDF
EPUB

TICE OF THE COURTS.

10 Metropolitan and Provincial Law Association.Questions at the Examination. Mr. John Greene, Bury St Edmunds. 4. Have you attended any, and what, law J. Sparke, Bury St. Edmunds.

lectures ? John Nanson, Carlisle. * F. Potts, Chester.

11. COMMON AND STATUTE LAW, AND PRAC- R. T. Brockinan, Folkestone. John Burrup, Gloucester.

5. What should appear by an affidavit in 01 F. L. Bodenham, Hereford.

support of an application to proceed against a 9d - John Hill, Hull.

defendant within the jurisdiction, as if personal T. Holden, Hull.

service had been effected ? William Henry Moss, Hull.

6. In what cases may a special indorsement C. H. Phillips, Hull.

be made on a writ of summons of the particulars G. L. Shackles, Hull.

of the plaintiff's claim, and what is the consen George Stamp, Hull.

quence of an omission to make such indorseThomas Thompson, Hull.

ment, should the defendant not appear, having S. B. Jackaman, Ipswich.

been served with the writ? John Sharp, Lancaster.

7. What are the modes of proceeding in a Robert Barr, Leeds,

town cause by which a defendant can compel John Bulmer, Leeds.

the plaintiffto proceed to trial after issue joined, J. H. Shaw, Leeds.

and how soon after issue joined can such proT. Avison, Liverpool.

ceedings be taken? M. D. Lowndes, Liverpool.

8. If a tender be made and refused before R. A. Payne, Liverpool.

action, what steps should be taken to prevent H. H. Statham, Liverpool.

the party availing himself of it by plea in any Jas. 0. Watson, Liverpool.

action to be afterwards commenced ? E, A. Bromehead, Lincoln.

9. Is there any, and what restriction to a J. Case, Maidstone.

husband's liability for the debts of his wife J. F. Beever, Manchester.

contracted before marriage ? J. Crossley, Manchester,

10. In an action against executors for a deht N. Earle, Manchester.

due by their testator, which of the executors James Street, Manchester.

should be joined as defendants ? J. Sudlow, Manchester.

11. Name the contracts required to be in Thomas Taylor, Manchester.

writing by the 4th section of the Statute of G. Thorley, Manchester.

Frauds.
William Crighton, Newcastle-upon-Tyne. 12. What circumstances will render a con-
William Skipper, Norwich,

tract for the sale of goods for the price of 201. H. B. Campbell, Nottingham,

or upwards valid, if no memorandum in writR. Enfield, Nottingham.

ing of the bargain be made and signed by the W. Hunt, Nottingham.

parties? Joseph Peers, Ræthin.

13. The payee of an inland bill of exchange J. Webster, Sheffield.

dishonoured is desirous of enforcing payment J. R. Wilson, Stockton,

against the drawer, what inquiries should be T. Burn, jun., Sunderland.

made by his attorney to ascertain that his cause W. Beamont, Warrington.

of action is complete? John Lewis, Wrexham.

14. What is put in issue by the plea of never Thomas Hodgson, York.

indebted to an indebitatus 'count for goods George Leeman, York.

sold and delivered ? G. H. Seymour, York.

15. Within what time ought notice of the 4. That Mr. Neivstead and Mr. Bromley be dishonour of an inland bill accepted for

value

to be given to the drawer and indorser by the requested to act as auditors for the ensuing holder year.

16. What liability does a factor incur by the 5. That the best thanks of the meeting be receipt of a del credere commission ? presented to Mr. Bailey for his able conduct

17. What things are by law privileged from

distress for rent? in the Chair.

18. Who should be named as a plaintiff in

writ of ejectment, and to whom by name should QUESTIONS AT THE EXAMINATION. the writ be directed?

19 What is the mode by which a defendant Easter Term, 1854.

in ejectment may, if he think proper, limit his

defence to part of the premises sought to be I. PRELIMINARY.

recovered? 1. WHERE, and with whom, did you serve

III. CONVEYANCING. your clerkship?

2. State the particular branch or branches 20. Taking an estate tail as one kind or class, of the law to which you have principally ap- what are the different kinds or classes of estates plied yourself during your clerkship.

which may be limited or created in lands and 3. Mention some of the principal law books hereditaments ? which you have read and studied.

21. What are the words of limitation pro

[ocr errors]
[ocr errors]

1

Questions at the Examination, perly to be used in a deed in creating each reing evidence do you consider the truth is arspective class?

rived at the nearest ? 22. If land be devised by will or limited by 41. What is a commission to examine witdeed to d. for life, with remainder to his right nesses, or to take pleas, answers, disclaimers, beirs, what estate does A. lake?

or examinations, and in what cases is it ne23. How is an estate tail now to be barred cessary ? by a tenant in tail in possession ?

42. What is an injunction? When is it to 24. Uoder what circumstances can a tenant be applied for; how is the application to be for life in possesion cul timber for his own be- supported; how is it put in force, and how nefit?

dissolved ? 25. What is the mode by which the dower 43. What proceedings in the Court of Chanof a wife married since 1st Jan., 1854, may be cery operate as Lis pendens, and how do you barred by her husband ?

avail yourself of them? ... 26. Is a purely voluntary settlement good 44. A testator, by his will, charges his real against a purchaser or a mortgagee for valuable estate with payment of an annuity and the leconsideration who has notice of it?

gacies given by his will. The personal estate 27. What is the difference between the cove- is absorbed and the real estate is insufficient to dants for a title usually and properly inserted, keep down the payments of the annuity. What and to be entered into by a mortgagor in a is the effect upon the annuity and legacies mortgage deed, and by a vendor in a convey under these circumstances ? anre to a purchaser of real estate ?

45. Is an executor justified in paying a debt 28. In inaking a mortgage of a leasehold of his testator which is barred by the Statute estate, how would you protect the mortgagee of Limitations ? from liability to pay the rent and to perform the 46. If it become necessary in a suit by a covenants in the original lease?

husband, on behalf of his children, to which 29. A. makes a mortgage in fee to B.,- B. his wife is not a party, for the wife by her next dies intestate, - who is competent to release the friend to intervene by way of petition, and the mortgage debt and reconvey the estate to the husband oppose the prayer, and appeal from mortgagor, and if the mortgage had been for a the order made in accordance with the petition, term of years, answer the same question under and the appeal be dismissed; how are the the same circumstances.

wife's costs to be provided for? 30. State the formalities requisite for the 47. What security can a husband and wife due execution of a will since the Act 7 Wm. 4, give upon a property to which the wife is enti& Vict. c. 26.

tled on the happening of a future event? 21. Previous to that Act, how many witnesses 48. If a marriage settlement be lost or de. were required to a will devising real estate ? stroyed, how is it possible to carry out the

32. When land is devised to A., without trusts ? words of further limitation, what estate passes ? 49. What protection is afforded by a Court

33. To whom will a lapsed devise of real es- of Equity to infants ? tate in a will made since 1st January, 1838, v. BANKRUPTCY, AND PRACTICE OF THE pase ?

34. A., seised and possessed of real and personal estate, dies intestate, leaving a widow, 50. What is the difference of jurisdiction in an eldest son, two daughters, and two grand- bankruptcy and insolvency, as respects the children (the issue of a younger son), on whom persons subject to such jurisdiction, and the do his real and personal estate devolve, and in liability of their future effects ? what shares and proportion ?

51. What are the three conditions required

to constitute a bankrupt? IV. EQUITY AND PRACTICE OF THE COURTS.

52. State the principle which determines 35. Has any recent alterations been made whether a person is a trader within the meanas to parties to a suit in equity? If so state ing of the Bankrupt Laws, in respect of the your au' hority, and give one or two examples. extent of trading. 36. What are the modes of emanating pro

53. Enuinerate the different acts of bankceedings in the Court of Chancery at the pre- ruptcy. sent time?

54. What new acts of bankruptcy were 37. How is a defendant brought before the created by the Statute 5 & 6 Vict. c. 122. Court?

55. If a debtor, liable to the Bankrupt Laws, 38. If a defendant file an answer to the has not committed an act of bankruptcy, how plaintiff's bill, without being required to do so, can he be proceeded against, in order to make what time has the plaintiff to amend his bill him a bankrupt ? " as of course?”

56. What is the effect of a declaration of 39. When is the proper time, in a suit com- insolvency? And within what period must a menced by bill, for a motion for a decree? | petition founded thereon be filed? What notice of it must be given ; to whom 57. Can an act of bankruptcy be committed is it to be given; and what parties does it by a party after he has left off trading? And bind?

if so, is the period at which the petitioning 40. How is evidence given and taken in the creditor's debt accrued, in any, and what, parCourt of Chancery, and by what mode of tak. I ticular material ?

COURTS.

BEFORE JUSTICES OF THE PEACE.

12 Questions at the Examination. - London Commissioners in Chancery.-Noies of the "leek.

58. In : adjudication against partners ment receive money from a third person on acmust an act of Hankruptcy be proved against count of his master, and fraudulently approeach partner, or will the act of bankruptcy of priate it to his own use, of what offence is he one of such partners be sufficient ?

guilty ? 59. Is a conveyance or assignment of all a 77. Describe the offence of perjury, and say trader's property deemed an act of bankruptcy, how it is punishable by the Common Law, and or are there any, and what, exceptions or con- by Statute. ditions ?

78. Define the offence of forgery, and utter60. After what lapse of time, from an act of ing forged instruments. bankruptcy committed, does a trader cease to 79. What is the ordinary evidence required be liable to be made a bankrupt on that act of to prove guilty knowledge in uttering a forged bankruptcy?

instrument ? 61. Are there any, and what, means by which a trader can effect an arrangement with LONDON COMMISSIONERS TO AD. his creditors, and be discharged from his debts

MINISTER OATHS IN CHANCERY. without a petition for an adjudication in bankruptcy, or proceeding under the Insolvent Debtors' Act?

Cooper, Wm. Bush, 3, Verulam Buildings. 62. What particulars are necessary to be

Housman, George, 25, College Hill, City. stated in an affidavit or deposition, to prove a

Iliffe, John, 2, Bedford Row. debt under an adjudication ?

Impey, Francis, 12, Bedford Row, 63. Can joint creditors prove on the separate and 1, Ampthill Square, Hampstead Road,

Ivimey, Joseph, 30, Southampton Buildings, estate, or separate creditors on the joint estate? If so, how can they interfere in the proceeding s

Norton, Henry Élland, 3, Park Street, Westof the bankruptcy?

minster, 64. If a bankrupt be possessed of leasehold

Parker, Robert Christopher, Blue Style, property at the time of his bankruptcy, which Greenwich. is not considered by his assignees to be of any

Potter, Samuel, sen., 36, King St., City. value, what course should they adopt in refer

Rose, Philip, 3, Park Street, Westminster. ence to the leases?

Sweeting, Robert, 29, Lombard St., City.

[For the previous Lists, see the last Volume, VI. CRIMINAL LAW, AND PROCEEDINGS

pp. 106, 161, 238, 301, 383, 402, 463, 497.] 65. What is an indictment?

NOTES OF THE WEEK. 66. Into what three classes are indictable offences generally divided ?

67. Describe, shortly, the nature of the proceedings by which a person charged with an

The Master of the Rolls has appointed indictable offence may be brought before a Thursday the 11th of May instant, at the justice of the peace, and committed for trial. 68. What recent Act of Parliament regu- afternoon, for swearing Solicitors.

Rolls Court, Chancery Lane, at four in the lates the proceedings of justices with reference to persons charged with indictable offences ? Every person desirous of being sworn

69. What are the Courts at which indictable on the above day must leave his Common Law offences are usually tried in each county, and Admission or his Certificate of Practice for how often are they respectively held ? 70. Mention some of the offences which

the current year at the Secretary's Office, Courts of Quarter Sessions have no power to

Rolls Yard, Chancery Lane, on

or before try, and the Statute which defines those Wednesday, the 10th inst. offences ?

71. What is the difference between a prin- RESULT OF THE EXAMINATION. cipal in the second degree, and an accessory We have collected the following particulars before the fact ?

72. Are there any indictable offences in on the subject of the Examination of Candiwhich there can be no accessories ? if so, what dates for Admission on the Roll of Attorneys are they? Give the reasons for your answer in the present Term :

73. What is the difference between Murder The Examination took place at the Law So. -Manslaughter Justifiable Homicide — and excusable Homicide? Give instances exempli- Master Johnson, of the Court of Exehequer,

ciety's Hall, on Tuesday, the 2nd instant. fying your answer.

74. How far is it necessary in an indictment presided, and the other Examiners (Members for murder or manslaughter to describe the of the Council) were Mr. Leman, Mr. Pembermeans by which the offence was committed, ton, Mr. White, and Mr. Williams. The numand what recent Statute has lately been passed ber to be examined was 136, but upwards of to simplify the forms of such indictments ?

75. Define the offence of larceny at Common 20 did not complete their testimonials of due Law.

service, and some who were entitled to attend 76. If a servant in the course of his employ- were absent. The number was thus reduced

ADMISSION OF SOLICITORS.

Notes of the Week.--Superior Courts : Lords Justices.

13 to 107 ;-of whom 101 were passed, five post- Chancellor intends to suspend the grant of poned, and one received a special certificate on further Commissions, at all events for the a question submitted to the Court regarding present. the sufficiency of the service of the clerkship.

LAW APPOINTMENT. LONDON COMMISSIONS TO ADMINISTER William Govett Romaine, Esq., Barrister-at

law has been appointed Deputy Judge AdUpwards of 300 Commissions to administer vocate for local service with the troops emOaths in Chancery having been granted to ployed on a particular service to the eastward London Solicitors, residing in various parts of Malta. From the London Gazette of 28th of the Metropolis, we understand the Lord April.

OATHS.

RECENT DECISIONS IN THE SUPERIOR COURTS.

- ALLOWANCE TO OFFICIAL
FOR PREPARING

ASSIGNEE
SHEBT.

ING SOCIETY.-- PROOF BY TRUSTEES IN
PRIORITY TO OTHER CREDITORS.

Lords Justices.

not be allowed, and must therefore be struck In re Minnitt, exparte Russell. April 28, 1854. out of the account. BANKRUPTCY.

BALANCE- Esparte Bailey and another, in re Burrell.

April 22, 28, 1854. Held, that the official assignee in bankruptcy BANKRUPT TREASURER OF BENEFIT BUILD

is not entitled to be allowed a fee for preparing the balance-sheet of a bankrupt under the 12 & 13 Vict. c. 106, s. 160,such preparation being inconsistent with

Held, dismissing with costs a petition of apkis duty of examining the same.

peal from Mr. Commissioner Goulburn,

that the trustees of a benefit building soIr appeared that in the Leeds district, and

ciety are not entitled under the 12 & 13 in part of the Birmingham district, a sum of Vict. c. 106, s. 167, to be paid in priority 20 guineas was allowed to the official assignee

to the other creditors, the amount due to for preparing the balance sheet of a bankrupt, and also a similar sum for examining the same.

their society by a bankrupt treasurerthe

167th section being confined to societies esa By the 12 & 13 Vict. c. 106, s. 160, it is tablished under the Acts relating to Friendly enacted, that “the bankrupt shall

prepare

such Societies. balance sheet and accounts, and in such form as the Court shall direct, and shall subscribe

This was a petition of appeal from the desuch balance-sheet and accounts, and file the cision of Mr. Commissioner Goulburn,, refussame in Court, and deliver a copy thereof to ing to allow a claim by the trustees of the the official assignee 10 days at least before the Barnstable and Chafford Benefit Building Soday appointed for the last examination, or the ciety for payment out of the estate of a bankadjouroment day thereof for that purpose," rupt treasurer of the amount which he owed to "and the Court may, on the application of the

the society.

It appeared that the trustees had assignees, or of the bankrupt, make such al- not taken proper security from the bankrupt lowance out of the estate of the bankrupt for

before appointing him as treasurer. the preparation of such balance-sheet and ac

Swanston and Terrell for the trustees, in supcounts, and to such person as the Court shall port; Rolt and Bagley for the assignees, contrà. think fit, in any case in which it shall be made

Cur. ad. vult. to appear to the satisfaction of the Court, from The Lords Justices said, that the 12 & 13 the nature of the accounts or other good cause, Vict. c. 106, s. 167,' was confined to societies that the bankrupt required assistance in that established under the Friendly Societies' Acts, behalf.”

James and Hardy, for the creditors' assig- 1 Which enacts, that “if any person, already nee, contended that the allowance of a fee for appointed or employed, or who may be herepreparing the balance-sheet was not authorised after appointed to or employed in any office in by the Act.

any society established under any of the Acts Bacon and Prior for the official assignee. relating to Friendly Societies, and being interThe Lords Justices said, that it was the duty ested with the keeping of the accounts, or havof the official assignee to correct and examine ing in his hands or possession, by virtue of his the balance-sheet" prepared by the bankrupt, otfice or employment, any moneys or effects and such duty was inconsistent with that of belonging to such society, or any deeds or sepreparing the balance-sheet. The principle curities relating to the same, shall have been applicable was similar to that in respect of re. or shall become bankrupt, the Court shall, ceivers, to which office a Master could not be upon application made by the order of any appointed as he had to check the accounts, nor a such society, or any committee thereof, order committee of a lupatic for a similar reason, and payment and delivery over to be made to such on the same ground a bankrupt who had been society, or to such person as such society or appointed assignee of his own estate had been committee may appoint, of all moneys and other removed by the Court. The payment could things belonging to such society, -and shall

-COSTS OF ABORTIVE PETITION BY TR-
NANT FOR LIFE FOR RE-INVESTMENT.

Rowe y.

DE POSIT ON INSOLVENCY OF AUCTIONEER.

Superior Courts: Justices.-Rolls.-V. C. Kindersley. and did not include the present society, which solvency, and there must be a specific performwas under the Acts relating to Benefit Build-ance on payment of the purchase-money less ing Societies. The Consolidation Act approprio the amount deposited. ated the estate for the benefit of ali creditors equally, and it would be therefore inconsisten

Vice-Chancellor Kindersley. to give full payment to any one not specially provided for by the Act. The Commissioner In re Hardy's Estate, es parte Sheffield Junction had decided the case irrespective of the fact. kailuoy Company. April 25, 1854. whether the entries in the bankers' pass-book RAILWAY COMPANY. - PURCHASE OF LAND. were or were not genuine, and it was unnecessary to give any opinion on that question. The petition would be dismissed with costs.

Where on a refrence to the chief clerk, upon

the petition of the tenant for life, for the Master of the Rolls.

investment of the proceeds of lands taken

by a ruilwuy company, the certificate is May and another. May 2, 1854.

against the investment : Held, that the VENDOR AND PURCHASER.---SPECIFIC PER- costs of the railway company must come FORMANCE.-LOSS OPPORTION OF

out of the fund.

In this petition by the tenant for life for the Certain properly was put up to uuction under invextinent of the proceeds of certain land

a power of sile contained in a mortgage, taken by the above railway company, the chief subject to certain conditions of sale, unii clerk line on a reference certified against the the plaintiff afterwards purchased, suhject investment as inadvisable, it being in houses to such conditions, and paid a deposit to and not land. A question now arose as to the the auctioneer in accordance therewith : costs. Held, that upon the insolvency of the auc. Fooks for the petitioner, cited In re Woolley's tioneer and consequent loss of a portion of Estate, 17 Jur. 850 ; Exparte Stevens, 15 Jur. the deposit, the vendors, and not the vendee, 243; Humphreys for the railway company. must bear the loss, and on a suit by the The Vicz-Chancellor said, that the cases vendee, a decree for a specific performance cited only applied when the investment prowas made on payment of the purchase- posed was proper and unobjectionable. The money less the amount deposited.

order would therefore be for the payment of This was a suit for the specific performance the company's costs out of the fund in Court, of an agreement for the sale to the plaintiff of and no order would be made on the petition. certain premises at Camberwell. It appeared that the defendant, Mr. Wm. D. Pritchard had

Roberts v. Roberts. April 29, 1854. mortgaged to the defendant, Mr. Jas. B. May,

WILL.-CONSTRUCTION. — for a term of years, with a power of sale, and that the property had been put up under the power to auction, subject to certain conditions of sale, but had been afterwards purchased by the plaintiff for 6301., subject to such conditions A railway company contracted for the purof sale. A deposit of 1201. was paid there

chase of land with the surviving tenant for under to Mr. Mills, the auctioneer employed

life, who soon afterwards died, and her next by the vendors, and an abstract of title to the

of kin claimed under a will against the property was forwarded to the plaintiff's so

heiress-at-law of her sister, and nine out licitor, but ultimately an arrangement was

of the ten next of kin applied for leave to made, in consequence of there being many

take proceedings against the heiress-atjudgments against Mr. Pritchard, for the pur

law to determine their right. A reference : chase of the term of years at a small reduction

was directed at Chambers as to what proin price. Before, however, the matter was

ceedings should be taken, with liberty to completed, the auctioneer became insolvent,

any of the next of kin to authorise the perand 50l. only of the deposit could be recovered,

sonal representative to take the same. and the question now arose whether the plain- It appeared that certain lands had been tiff or the vendors were to bear such loss. taken by the Chester and Holyhead Railway

Selwyn and Horsey for the plaintiff; R. Company, under a contract with Catherine Palmer and Goldsmith for the defendant. Lloyd, the surviving tepant for life thereof,

The Master of the Rolls said, that the auc. and which were devised under the will of a tioneer had been employed by the vendors, testator to Hugh Lloyd for life, with remainand it would therefore bé unjust to make the der to his first and other sons in tail male, with vendee share in the loss occasioned by his in- remainder to his sisters Jane and Catherine

Lloyd for life, as tenants in common, with realso order payment out of the estate and effects mainder to trustees to preserve contingent resis of the bankrupt of all sums of money remain-maiuders, with remainder to their first and ing due, which the bankrupt received by virtue other sons in tail, with remainder to the testa. of his said office or employment, before any tor's own right heirs. Hugh Lloyd died with: other of his debts are paid or satisfied.” out children before the testator and in the life

CLAIM or NEXT OF KIN AGAINST HEIRESS AT LAW. REFERENCE TO CHAMBERS AS TO PROCEEDINGS.

[ocr errors]
« EelmineJätka »