Review: Francis' Law of Charities.-Law of Costs. LAW OF COSTS. of corruption if it were of gradual and consti- | Appointment ;-Responsibilities and relatutional growth. tion to Schoolmasters and other Officers ; Those interested in the history of this Act, Leases by Trustees. 4. Revenue of and of the Charities which are its subject, may Charities; Surplus Income; Marshalling refer to an article in the Edinburgh Review of Assets, &c. April, 1846 (vol. lxxxiii. p. 475), attributed to Mr. Senior, and an interesting chapter in a work recently published on Public Education by Sir James Kay Shuttleworth, and to the Speech and Letter of Lord Brougham already OF EXECUTOR IN ADMINISTRATION SUIT. referred to. THE Costs of an administration suit were "There will be also found in the general and particular Reports of the former Charity given to the defendant, an executor, notwithCommissioners, and in the Digest of their Re-standing he had made certain investments ports, and in the General Charities and Sum- which had been declared to be improper, and maries,' an immense amount of valuable inwas charged with the consequences. Tebbs v. formation on the subject. Some of the results of their calculations will be found in a later Carpenter, 1 Madd. 290, was cited. Knott v. page of this work. Cottee, 16 Beav. 77. "It has been attempted to make this book a practical and useful one; and for this purpose all the Statutes which are in force and which explain the Law of Charities and their Trusts, as established by the important Act of 1853, will be found here. A collection of cases has been also made in the hope that they will afford some assistance to those seeking the principles which must still, in a great measure, guide the management of Charities and administration of the funds." The Author gives-1st, An Introductory Chapter; 2nd, An Analysis of the Provisions of the Charitable Trusts Act, 1853; and then treats-3rd, Of the Jurisdiction of the Courts and Legal Proceedings there. in; 4th, Of the Treasurer of Public Charities and Official Trustee; 5th, Of the framing and certifying Schemes and carrying them out; 6th, Of exempted Charities, endowed, voluntary, and mixed. OPPOSING PROOF OF DEBT IN CHAMBERS, WHERE CLAIM FAILS. This was a motion by the executors for the payment by a person, claiming to be a creditor, of the costs to which they had been put in opposing his claim on the estate of their testator, before the chief clerk. The Vice-Chancellor Stuart said,-"This is a very important question. There is some justice in the observation, that it has hitherto not been the practice to make a creditor, going into the Master's Office to prove his debt, pay the costs of the attempt when unsuccessful. Under the old practice, however, the costs, generally speaking, could not be considerable, because the Master had no power to examine witnesses vivő voce. "Recently, the Legislature has thought fit to The Act 16 & 17 Vict. c. 137, is then give power to the Judge's clerk, that is, to the given verbatim, with notes on several of Judge himself at Chambers, to take evidence. the sections. Next follow the Regulations It is said, however, that the costs in question and Instructions concerning Applications to are not the costs of litigation; and that the the Board, and Forms of Application, &c. creditor was prevented, by the order of this The Orders for regulating Proceedings by Court, from proceeding in a Court of Law, and before the Judges of the County Courts come next; and then the General which was the proper tribunal, to establish his Orders and Rules of the Court of Chancery. elaim. The injunction was granted, because a The Appendix contains the Statutes re- Court of Law was not the proper tribunal, inlating to Mortmain and Charitable Uses, asmuch as, when an administration suit is inand other Statutes regulating Charitable stituted, this Court, by its own proper jurisUses and Trusts, and the Administration diction, administers the assets in payment of of Charities; Statistics of Charities, Forms debts or otherwise. Until the recent improveof Schemes, &c. ment in the practice, it was the duty of the Master to report on the debts; but when To which is added a Digest of Cases, arranged under the following heads:-1. What are valid Gifts to Charities-the questions of difficulty arose, which not unMortmain Acts;-Intention and objects of frequently happened, the Master having no Gifts, how carried out ;-Doctrine of cy means of settling the question, it was sent for près;-Schemes. 2. Jurisdiction of Courts adjudication before a jury, and the costs would over Charities and Trustees;-Visitors; in that case abide the result of the action at Costs, &c. 3. Trustees, their Duties;-law. Law of Costs.-Points in Equity Practice-Metro. & Provincial Law Association. 9 TION CLAIM AMONG PARTIES ON AFFI- At the hearing of a claim by the surviving executor to administer his testator's estate, a reference was directed to the Master to ascertain the parties beneficially interested, and he reported that the fund was divisible in equal shares among 16 persons. An apportionment was ordered to be made on the affidavit of the plaintiff, the testator's representative. Bear v. Smith, 5 De G. & S. 92, was cited. Roberts Collett, 1 Smale & G. 138. "To cure that infirmity, and to save expense | APPORTIONMENT OF FUND IN ADMINISTRAand delay, the Legislature authorised the Judges, by their clerks, to take the evidence of witnesses, in order to rebut the claims preferred at Chambers by creditors. In the present case, evidence was entered into, to contest the claim of Mr. Stanway upon the assets; expenses were incurred in Chambers in determining the question, which were greatly increased by the necessity of entering into evidence, in order to disprove the alleged debt. The creditor upon the evidence failed to prove his debt. Who then is to pay the costs of that inquiry? I think, if I were to allow the assets in course of administration to be diminished by the costs of METROPOLITAN AND PROVINCIAL resisting this unfounded claim, I should be guilty of injustice towards those who are entitled to the property of the testator. I shall, therefore, direct the costs of the executors incurred in resisting the claim, which the result has proved to be an unfounded claim, to be taxed and paid by the alleged creditor. "It is said, I have no jurisdiction to make such a order, inasmuch as the creditor is not a party to the suit. I think he made himself a party by embarking in this litigation. If I have not the power to make him pay costs where he has put the estate to great expense by an improper claim, there would be a failure of justice, and if he had proved his debt, he would have been entitled to costs. In my opinion I have the power and the means of enforcing the order." Hatch v. Searles, 2 Smale, & G. 147. POINTS IN EQUITY PRACTICE. TAKING PLEA OFF FILE, WHERE CONSENT Ar the expiration of three weeks' time, which had been obtained "to plead, answer, or demur, not demurring alone," the plaintiff's solicitors endorsed a consent on a warrant, asking for six weeks, for 14 days' further time "to answer." The order was, however, drawn up for 14 days "to plead, answer, or demur, not demurring alone," and the defendant put in a plea of the plaintiff's insolvency; it was taken off the file with costs, and the order for time was varied by confining it to the leave to answer only. Brooks v. Purton, 1 Y. & C., Ch., 278, and Chambers v. Howell, 12 Beav. 563, were cited. Newman v. White, 16 Beav. 4. LAW ASSOCIATION. THE Annual General Meeting of this Association was held on Wednesday, the 19th of April at the Offices, 8, Bedford Row. E. S. Bailey, Esq., in the Chair. The Annual Report of the Committee of Management was read by the Secretary, Mr. W. Shaen, after which the following resolutions were adopted : Resolved,-1. That the Report of the Committee of Management be received and adopted, and that it be printed and circulated under the direction of the Committee. 2. That the cordial thanks of the Association be presented to the Committee of Management for their labours during the past year. 3. That the following Members of the Association be elected Members of the Committee of Management for the ensuing year:Chairman. Mr. E. S. Bailey. Deputy Chairmen. Mr. T. H. Bower. I Mr. J. Sangster. Metropolitan Solicitors. Mr. R. B. Armstrong. Mr. G. Faulkner. E. Benham. F. N. Devey. Charles Druce. - H. Lake. Edwd. Lawrance. C. J. Palmer. W. H. Palmer. J. J. J. Sudlow. 10 Metropolitan and Provincial Law Association.—Questions at the Examination. T. Holden, Hull. William Henry Moss, Hull. M. D. Lowndes, Liverpool. H. H. Statham, Liverpool. J. F. Beever, Manchester. N. Earle, Manchester. James Street, Manchester. 4. Have you attended any, and what, law lectures? II. COMMON AND STATUTE LAW, AND PRACTICE OF THE COURTS. 5. What should appear by an affidavit in support of an application to proceed against a defendant within the jurisdiction, as if personal service had been effected? 6. In what cases may a special indorsement be made on a writ of summons of the particulars of the plaintiff's claim, and what is the conse quence of an omission to make such indorse ment, should the defendant not appear, having been served with the writ? 7. What are the modes of proceeding in a town cause by which a defendant can compel the plaintiff to proceed to trial after issue joined, and how soon after issue joined can such proceedings be taken? 8. If a tender be made and refused before action, what steps should be taken to prevent the party availing himself of it by plea in any action to be afterwards commenced? 9. Is there any, and what restriction to a husband's liability for the debts of his wife contracted before marriage? 10. In an action against executors for a debt due by their testator, which of the executors should be joined as defendants? 11. Name the contracts required to be in writing by the 4th section of the Statute of Frauds. 12. What circumstances will render a contract for the sale of goods for the price of 201. or upwards valid, if no memorandum in writing of the bargain be made and signed by the parties? 13. The payee of an inland bill of exchange dishonoured is desirous of enforcing payment against the drawer, what inquiries should be made by his attorney to ascertain that his cause of action is complete ? 14. What is put in issue by the plea of never indebted to an indebitatus count for goods sold and delivered? 15. Within what time ought notice of the dishonour of an inland bill accepted for value to be given to the drawer and indorser by the holder? 16. What liability does a factor incur by the receipt of a del credere commission? 17. What things are by law privileged from distress for rent? 18. Who should be named as a plaintiff in writ of ejectment, and to whom by name should the writ be directed? 19 What is the mode by which a defendant in ejectment may, if he think proper, limit his defence to part of the premises sought to be recovered? III. CONVEYANCING. 20. Taking an estate tail as one kind or class, what are the different kinds or classes of estates which may be limited or created in lands and hereditaments? 21. What are the words of limitation pro Questions at the Examination. M 11 perly to be used in a deed in creating each re-ing evidence do you consider the truth is arspective class? rived at the nearest ? 41. What is a commission to examine wit 22. If land be devised by will or limited by deed to d. for life, with remainder to his rightnesses, or to take pleas, answers, disclaimers, heirs, what estate does A. take? or examinations, and in what cases is it necessary? 23. How is an estate tail now to be barred by a tenant in tail in possession? 24. Under what circumstances can a tenant for life in possesion cut timber for his own be nefit? 25. What is the mode by which the dower of a wife married since 1st Jan., 1854, may be barred by her husband? 26. Is a purely voluntary settlement good against a purchaser or a mortgagee for valuable consideration who has notice of it? 27. What is the difference between the covenants for a title usually and properly inserted, and to be entered into by a mortgagor in a mortgage deed, and by a vendor in a conveyance to a purchaser of real estate ? 28. In making a mortgage of a leasehold estate, how would you protect the mortgagee from liability to pay the rent and to perform the covenants in the original lease? 29. A. makes a mortgage in fee to B.,- B. dies intestate, who is competent to release the mortgage debt and reconvey the estate to the mortgagor, and if the mortgage had been for a term of years, answer the same question under the same circumstances. 30. State the formalities requisite for the due execution of a will since the Act 7 Wm. 4, & I Viet. C. 26 21. Previous to that Act, how many witnesses were required to a will devising real estate ? 32. When land is devised to A., without words of further limitation, what estate passes? 33. To whom will a lapsed devise of real estate in a will made since 1st January, 1838, pass? 34. A., seised and possessed of real and personal estate, dies intestate, leaving a widow, an eldest son, two daughters, and two grandchildren (the issue of a younger son), on whom do his real and personal estate devolve, and in what shares and proportion? IV. EQUITY AND PRACTICE OF THE COURTS. 35. Has any recent alterations been made as to parties to a suit in equity? If so state your authority, and give one or two examples. 36. What are the modes of emanating proceedings in the Court of Chancery at the pre- | sent time? 37. How is a defendant brought before the Court? 38. If a defendant file an answer to the plaintiff's bill, without being required to do so, what time has the plaintiff to amend his bill "as of course?" 39. When is the proper time, in a suit commenced by bill, for a motion for a decrce? What notice of it must be given; to whom is it to be given; and what parties does it bind ? 43. What proceedings in the Court of Chancery operate as Lis pendens, and how do you avail yourself of them? 44. A testator, by his will, charges his real estate with payment of an annuity and the legacies given by his will. The personal estate is absorbed and the real estate is insufficient to keep down the payments of the annuity. What is the effect upon the annuity and legacies under these circumstances? 45. Is an executor justified in paying a debt of his testator which is barred by the Statute of Limitations? 46. If it become necessary in a suit by a husband, on behalf of his children, to which his wife is not a party, for the wife by her next friend to intervene by way of petition, and the husband oppose the prayer, and appeal from the order made in accordance with the petition, and the appeal be dismissed; how are the wife's costs to be provided for? 47. What security can a husband and wife give upon a property to which the wife is entitled on the happening of a future event? 48. If a marriage settlement be lost or destroyed, how is it possible to carry out the trusts? 49. What protection is afforded by a Court of Equity to infants? v. BANKRUPTCY, AND PRACTICE OF THE COURTS. 50. What is the difference of jurisdiction in bankruptcy and insolvency, as respects the persons subject to such jurisdiction, and the liability of their future effects? 51. What are the three conditions required to constitute a bankrupt? 52. State the principle which determines whether a person is a trader within the meaning of the Bankrupt Laws, in respect of the extent of trading. 53. Enumerate the different acts of bankruptcy. 54. What new acts of bankruptcy were created by the Statute 5 & 6 Vict. c. 122. 55. If a debtor, liable to the Bankrupt Laws, has not committed an act of bankruptcy, how can he be proceeded against, in order to make him a bankrupt? 56. What is the effect of a declaration of insolvency? And within what period must a petition founded thereon be filed? 57. Can an act of bankruptcy be committed by a party after he has left off trading? And if so, is the period at which the petitioning creditor's debt accrued, in any, and what, par 40. How is evidence given and taken in the Court of Chancery, and by what mode of tak-ticular material ? 12 Questions at the Examination.-London Commissioners in Chancery.-Notes of the Week. 58. In adjudication against partners must an act of ankruptcy be proved against each partner, or will the act of bankruptcy of one of such partners be sufficient? 59. Is a conveyance or assignment of all a trader's property deemed an act of bankruptcy, or are there any, and what, exceptions or conditions ? 60. After what lapse of time, from an act of bankruptcy committed, does a trader cease to be liable to be made a bankrupt on that act of bankruptcy? 61. Are there any, and what, means by which a trader can effect an arrangement with his creditors, and be discharged from his debts without a petition for an adjudication in bankruptcy, or proceeding under the Insolvent Debtors' Act? 62. What particulars are necessary to be stated in an affidavit or deposition, to prove a debt under an adjudication ? 63. Can joint creditors prove on the separate estate, or separate creditors on the joint estate? If so, how can they interfere in the proceedings of the bankruptcy? 64. If a bankrupt be possessed of leasehold property at the time of his bankruptcy, which is not considered by his assignees to be of any value, what course should they adopt in reference to the leases? VI. CRIMINAL LAW, AND PROCEEDINGS BEFORE JUSTICES OF THE PEACE. 65. What is an indictment? 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 indictable offence may be brought before a justice of the peace, and committed for trial. 68. What recent Act of Parliament regulates the proceedings of justices with reference to persons charged with indictable offences? 69. What are the Courts at which indictable offences are usually tried in each county, and how often are they respectively held? 70. Mention some of the offences which Courts of Quarter Sessions have no power to try, and the Statute which defines those offences? 71. What is the difference between a principal in the second degree, and an accessory before the fact? 72. Are there any indictable offences in which there can be no accessories? if so, what are they? Give the reasons for your answer? 73. What is the difference between Murder -Manslaughter-Justifiable Homicide-and excusable Homicide? Give instances exemplifying your answer. ment receive money from a third person on account of his master, and fraudulently appropriate it to his own use, of what offence is he guilty? 77. Describe the offence of perjury, and say how it is punishable by the Common Law, and by Statute. 78. Define the offence of forgery, and uttering forged instruments. 79. What is the ordinary evidence required to prove guilty knowledge in uttering a forged instrument? LONDON COMMISSIONERS TO AD- Cooper, Wm. Bush, 3, Verulam Buildings. Parker, Robert Christopher, Blue Style, Potter, Samuel, sen., 36, King St., City. Rose, Philip, 3, Park Street, Westminster. Sweeting, Robert, 29, Lombard St., City. [For the previous Lists, see the last Volume, pp. 106, 161, 238, 301, 383, 402, 463, 497.] NOTES OF THE WEEK. ADMISSION OF SOLICITORS. THE Master of the Rolls has appointed Every person desirous of being sworn on the above day must leave his Common Law Admission or his Certificate of Practice for the current year at the Secretary's Office, Rolls Yard, Chancery Lane, on or before Wednesday, the 10th inst. RESULT OF THE EXAMINATION. We have collected the following particulars on the subject of the Examination of Candidates for Admission on the Roll of Attorneys in the present Term: The Examination took place at the Law Society's Hall, on Tuesday, the 2nd instant. Master Johnson, of the Court of Exchequer, presided, and the other Examiners (Members of the Council) were Mr. Leman, Mr. Pemberton, Mr. White, and Mr. Williams. The number to be examined was 136, but upwards of 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 74. How far is it necessary in an indictment for murder or manslaughter to describe the means by which the offence was committed, and what recent Statute has lately been passed to simplify the forms of such indictments? 75. Define the offence of larceny at Common |