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Inns of Court Commission.- Questions at the Examination.
245 panied with the professional rank and standing 11. A plaintiff or defendant having obtained as a Barrister-at-Law.
a verdict out of Term, how soon afterwards A good law degree is most essential, espe- may he issue execution ? cially for a young lawyer, and the greater 12. The venue in a cause being laid in the reason why the proposed “Law University” county of Surrey, and the plaintiff having obshould have extensive powers as to degrees tained final judgment against the defendant, and honours is, that no professional degree is and being desirous to issue an execution conferred by any British University or College. against the defendant's effects in Norfolk, can The University of London more nearly ap- he or can he not issue a fieri facias at once proaches the desideratum, though very far into the latter county although the venue in distant.
the action is laid in Surrey ? I presume that every opportunity should 13. In an action against a feme covert, can be offered our Students to possess a superior she enter an appearance by attorney, and if knowledge of their Profession, and the best she plead coverture and obtain a verdict on means is to be found in a liberal Royal Law the plea, is she entitled to the same costs as University, which, like the Universities of Ox- any other defendant obtaining a verdict is enford and Cambridge, will elevate all branches titled to, or to any, and what costs ? of the Profession to their due standing.
14. If an attorney, as attorney for a defendS. D.
ant, give an undertaking to appear for him and
then omit to do so, are there any means which QUESTIONS AT THE EXAMINATION. can be pursued to compel him to fulfil his un
dertaking, and what are they? Hilary Term, 1856.
15. A warrant of attorney to confess a judg
ment for 1,0001. having been given by two 1. PRELIMINARY.
parties jointly (and not jointly and severally), 1. Where, and with whom, did you serve one of them dies before judgment entered up; your clerkship?
can the party to whom the warrant of attorney 2. State the particular branch or branches was given enter up judgment against the surof the law to which you have principally ap- viyor? plied yourself during your clerkship.
16. What is the difference between an action 3. Mention some of the principal law books of detinue and trover? which you have read and studied.
17. If the acceptor of a bill of exchange re4. Have you attended any, and what, law fuse payment of it when due, is any, and what, lectures ?
step necessary before the holder can sue the II. COMMON LAW AND PRACTICE OF THE drawer or indorser ? COURTS.
18. When a contract is not under seal and 5. Where a party has a lien on goods or title is made by a party acting as agent for another, deeds as a security for a debt, and such debt may the person for whose benefit the contract becomes barred by the Statute of Limitations, is made, sue thereon? or must the action be does the lien continue, or is it an end ?
brought in the name of the agent who made 6. How should a sheriff proceed, if, after the contract ? having levied an execution against the effects
19. If a sheriff remove goods seized by him of a defendant, notices are served upon him under an execution against the effects of a tethat the goods are claimed by others ? nant, after notice that half-a-year's rent is due
7. Can the landlord of a house distrain the to the landlord, without provision being made goods of a lodger for rent due from his own for payment of the rent,-has the landlord tenant ?
any, and what, remedy against the Sheriff ? 8. When a verdict has been set aside and a new trial granted, and previously to the first trial the usual notice to inspect and admit do
20. Owner of freeholds and copyholds dies cuments has been given, and an order for ad- intestate and without heirs, who becomes enmission made, is it necessary that fresh notice titled to the respective estates ? to inspect should be given, and a fresh order 21. Give concisely the words by which an for admission be obtained in respect of the estate in tail male, an estate in tail general, and same documents upon the 2nd trial ?
an estate in tail male special, may respectively 9. What is a sequestration as applicable to be created. the recovery of a debt? under what circum- 22. Conveyance by bargain and sale enrolled, stances, and by whom is it issued and to to A. and his heirs, to the use of B. and his what species of property does it apply?
heirs, in trust for C. and his heirs; in whom, 10. In an action brought under 18 & 19 under such a conveyance, does the legal estate Vict. c. 67 (the Act to facilitate the Remedies vest ? on Bills of Exchange and Promissory Notes by
23. What are incorporeal hereditaments, and the prevention of frivolous or fictitious defences by what kind of assurance are they usually to actions thereon) against the acceptor of a conveyed ? bill of exchange, who has not paid the bill 24. What is the signification of the term when due, can the defendant appear and plead “Emblements," and what persons are entitled as in other actions, and if not, what steps must to them? he take to enable him to do so ?
25. A., by will appoints three executors,
Questions at the Examination. who all die in his lifetime ; who, on A's death, 43. Describe, generally, the several modes is entitled to administer to di's will ?
of instituting proceedings in the Court of 26. What is the meaning of the terms Chancery, and the nature of the cases to which “ Estoppel ” and “Escrow?"
each mode is applicable. 27. Estates settled to the use of A. for life, 44. How is a suit on behalf of an Infant or remainder to the use of trustees for terms of a married woman commenced? and what auyears to raise jointure and portions, remainder thority should the Solicitor obtain ? to the use of the 1st and other sons of A. suc. 45. Describe the principal steps in a cause cessively in tail; who is entitled to the imme. which has been commenced by Bill. diate custody of the title deeds ?
46. State the different modes in which evi. 28. Can a person legally present himself to dence can now be given by a plaintiff in supa living, the next presentation to which he has port of his case at the hearing. purchased either in his own name, or in the 47. What is now the course of proceeding in name of a trustee ? If not, why not?
Chancery by a Creditor, to obtain payment of 29. What, if anything, is necessary to be his Debt, or by a Legatee, to enforce payment done to make a bill of sale of chattels good, of his Legacy? and under what law, or regulation ?
48. When a suit becomes abated by the 30. State concisely what provisoes, cove- Death of any of the Parties, what is the mode nants, and powers, are usually inserted in of proceeding to revive the suit? mortgages in fee of freehold estates.
49. What are the matters of relief which 31. Is there any relation in which persons must now be sought for by Proceedings in the may stand with reference to each other which Judges' Chambers ? forbids a purchase by either of them from the other? State instances of such relation.
BANKRUPTCY AND PRACTICE OF THE 32. A., seised in fee, sells to B. in fee: what
COURTS. covenants for title are inserted in the convey- 50. State the principal objects to be effected ance ? If A. were a trustee only for sale, under the operation of the Law of Bankruptcy. without having a beneficial interest, would the 51. How is an Adjudication to be obtained : same covenants be inserted, and if not what 52. What are the facts to be established in other covenants ?
evidence by the Petitioning Creditor? 33. A person devises his real estate to his 53. When, and w, can a Trader dispute heir at law; does such heir take the estate by the Adjudication against him? devise or by descent? By what law or usage
54. State the mode of proving Debts under is this matter governed ?
an Adjudication in Bankruptcy. 34. A., B., and C., are joint Tenants of Black
55. How is the Property of a Bankrupt Acre, Tenants in Common of White Acre, vested in the Assignees ? and Tenants in Coparcenary of Green Acre ;
56. Give instances of Property in the posB. dies, leaving A. and C. living ; Who ou B.'s session of a Bankrupt which does not pass to death will become entitled to his interest in the his Assignees. Estates respectively, and in what proportions ?
57. What is deemed a fraudulent preference
made in favour of one of the Bankrupt's CreIV. EQUITY AND PRACTICE OF THE COURTS.
ditors ? 35. State some of the principal subjects of 58. Are there any, and what, settlements Equitable Jurisdiction. 36. In what cases will a Court of Equity re- which are deemed valid?
made by a Trader before an Adjudication lieve against a Forfeiture of a Lease for breach
59. If one of several Partners becomes Bankof Covenant, and is there any, and what, case rupt what is the effect on the other Partners ? in which no relief can be afforded?
60. In wbat cases, and to what Court, may 37. In what cases will a Court of Equity an appeal against the decision of the Commisdecree the specific performance of a contract sioners in Bankruptcy be made ? relating to Land, when the agreement is not in
61. When, how, and by whom, is the Certiwriting?
ficate of Conformity granted to a Bankrupt? 38. In the case of a Tenancy for Life, without impeachment of waste, are there any kinds a first, second, or third class Certificate, is
62. What are the general grounds on which of waste which the Court will restrain ? 39. In what respects does a Tenancy for
usually granted ? Life, “ without impeachment of waste," differ perty after the Adjudication against him, or
63. 'If a Certificated Bankrupt acquire Profrom an Estate for Life, in the limitation of after his last Examination, can he retain it in which those words are omitted ? 40. Where it is apprehended that a breach
any, and what, circumstances ? of Trust will be committed with regard to tors in number, or value of Debts, bind the
64. Can any, and what, proportion of CrediStock in the Public Funds, what steps would rest to accept a Composition ? you advise in order to prevent any improper dealing with the Stock ?
PROCEEDINGS 41. How is an Infant made a Ward of
BEFORE MAGISTRATES. Court? and what is the effect of it as regards 65. What are the usual Proceedings on a the person and property of the Infant ? Criminal charge up to the time of Trial?
42. How can a Trustee relieve himself from 66. When may ihe accused be admitted to the performance of bis Trust ?
Common Law Rule Appointing Examiners.-Inquest on the late Mr. Waugh. 247 67. In case of a commitment for Murder, INQUEST ON THE LATE MR. can the accused be admitted to Bail?
WAUGH. 68. Can any, and what, defects in an Indictment be amended at the Trial ? 69. Is there any, and what, Appeal in Cri.
The circumstances connected with the murminal Prosecutions ?
der of Mr. George Waugh, of Great James 70. Describe the offences of Larceny and Street, Bedford Row, on the 16th instant have Embezzlement. 71. What is a Criminal Information, and
been so fully detailed in all the Newspapers, bow is it obtained ?
that it is unnecessary to repeat them to our 72. What is a Writ of Mandamus ? how, readers, who doubtless have perused them with and in what cases, may it be applied for? De deep attention. Some reflection had been cast scribe the necessary Proceedings, and how is it to be opposed.
on the deceased, as if he had in some degree 73. Are Magistrates responsible for acts provoked his fate by harshness or oppression. done in their official capacity, and are they en- We willingly give insertion to the statement titled to any, and what, notice of Legal Pro- which was handed to the reporter at the Inceedings against them?
74. What are the offences which Courts of quest, by Mr. Henry Sadler Mitchell, Mr. Quarter Sessions are empowered to try? and Waugh’s late partner. what Offences may be tried and punished in a “I, Henry Sadler Mitchell, of 5. Great summary way by Magistrates ?
Prescott Street, Goodman's Fields, Solicitor, 75. What power do Magistrates possess in Vestry Clerk to the parish of St. Mary, Whiteregard to stopping up or altering a public path? chapel, state that I was on terms of very great 76. On whom is the Liability thrown for intimacy with the late Mr. Waugh, with whom Repairs of Highways and Public Bridges, and I was in partnership for seven years, expiring are there any, and what, cases of exception ? in March last.
77. What property, if any, real or personal “ That I was also on terms of great intimacy of the accused, is forfeited on a Conviction for with his family, and was during the partnership Felony, and from what time does the forfeiture a constant visitor at his house, and occasionally take place?
so since the partnership. 78. What is the Jurisdiction of a Magistrate “That I was well acquainted with the transin cases of wilful trespass on, and damage done actions between the deceased and the prisoner. to, land?
“That the deceased, as the solicitor for the 79. How can a Settlement under the Poor prisoner and his family, some two or three Law be now obtained ? and what is the Law years ago, instituted a suit in Chancery, and with respect to the removal of Paupers ? the deceased by his ability and perseverance
gained for them an estate worth 3,0001. or COMMON LAW RULE APPOINTING
“That attempts were made to sell the proEXAMINERS FOR 1856.
perty, which were greatly frustrated by the ex
traordinary conduct of the prisoner, much to Hilary Term, 1856
the annoyance of some, if not of all the rest of It is ordered that the several Masters for the the prisoner's family. time being of the Courts of Queen's Bench, "That at length the prisoner was induced to Common Pleas, and Exchequer, respectively, dispose of his share to some of his family, which together with Benjamin Austen, Alfred Bell, transaction, although delayed by the conduct John Henry Bolton, William Strickland Cook- of the prisoner, would have been completed in son, John Coverdale, Bartle John Laurie a few days. Frere, George Herbert Kinderley, Henry Lake, “That the deceased bad advanced the priJames Leman, William Murray, William soner moneys on account of his share, and had Henry Palmer, Edward Leigh Pemberton, throughout the transaction acted with great William Sharpe, William Stephens, John kindness and forbearance, although his conduct James Joseph Sudlow and William Tooke, gen- had been highly offensive towards the detlemen Attorneys-at-Law be and the same are ceased. hereby appointed Examiners for the present “That some weeks ago the prisoner sent the year to examine all such persons as shall desire deceased a threatening letter, which compelled to be admitted Attorneys of all or either of the him to bring the prisoner before a magistrate ; said Courts, and that any five of the said Ex- but as the deceased did not press the charge aminers (one of them being one of the said against the prisoner, the magistrate discharged Masters) shall be competent to conduct the him upon his giving an assurance that he said examination in pursuance of and subject would employ another solicitor, and would not to the provisions of the Rule of all the Courts again annoy ihe deceased. made in this behalf in Hilary Term, 1853. “That I have every reason to believe the de(Signed) CAMPBELL,
ceased did not press the charge against the John Jervis,
prisoner out of motives of kindness towards FRED. POLLOCK. him, fearing that if the prisoner were called
upon to enter into a recognizance he would not
Lawyers in Parliament.- Professional Lists. be able to find a surety, and would therefore be see it testified by that meeting that there was incarcerated, perhaps for a considerable time. no disunion among the Conservative Members
“That since this period I believe another so- of the Senate." licitor has been acting for the prisoner.
“ That the statements made by the prisoner, It is arranged, that on the retirement of when taken into custody, that Mr. Waugh Mr. Walpole from the present seat for had ruined him,' or cheated him out of his Midhurst, Mr. Warren, Q. C., will be the estate,' and observations to the same effect, are Conservative Candidate for that Borough ; entirely false ; and I may say that, if ever and of his election, we believe there is no client was indebted to a solicitor, the prisoner doubt. As an eminent author on Constiwas to the late Mr. Waugh. “That the deceased, besides having an ex
tutional Law and the practice of Parliament tensive business, was possessed of a large pri- and its Committees, Mr. Warren's accession vate fortune, and had no motive in keeping the to the House of Commons will be highly prisoner out of a shilling he was entitled to. valuable. We heartily wish him success.
“That I am induced to make this statement Called to the Bar in 1837, not long after out of respect to the memory of my departed the commencement of the great Law Refriend, which may be injured by the statements forms of Lord Brougham, we shall exof the prisoner; and I may say, in conclusion, I know the deceased to have been a good hus- pect that his large experience of the past band, a kind and indulgent father, and a
will enable him to appreciate justly, as well generous and warm-hearted friend.”
for the Profession, as the Public, the future
alterations projected in the administration LAWYERS IN PARLIAMENT.
OATHS IN CHANCERY.
DISSOLUTIONS OF PROFESSIONAL PART
PERPETUAL COMMISSIONER. only the Members of the Profession who Appointed under the Fines and Recoveries' Act, are actually in Parliament, but those who
with date when gazetted. are Candidates for that distinguished
Mant, Henry John, Bath, in and for the honour. We now gladly notice the confi- city of Bath, also in and for the county of dent expectation that Mr. Walpole, Q.C., Somerset. Jan. 8. the late Secretary of State for the Home Department, will be elected as one of the Members for the University of Cambridge COUNTRY COMMISSIONER TO ADMINISTER in the place of the late Mr. Goulburn.
The following extract from a report of a Appointed under the 16 & 17 Vict. c. 78, with meeting of Heads of Colleges on the 19th
date when Gazetted. instant will show the great estimation in Moore, Joseph Henry, Walsall. Jan. 8. which Mr. Walpole is held in the University.
The Master of St. Peter's College (Dr. Cookson) said, “ with regard to Mr. Walpole's From 25th Dec., 1855, to 18th Jan., 1856, both eligibility as a candidate, he thought that that
inclusive, with dates when gazetted. gentleman's position in the State as a former Minister of the Crown-his position in the Avison, Thomas, and Kenneth Powles, LiHouse of Commons, as one of the leading verpool, Attorneys and Solicitors. Jan. 4. Members—his ability, his eloquence, and suc
Bubb, John, Benjamin Bubb, and George cessful speaking, his experience and knowledge Turner Bubb, Cheltenham, Attorneys and Soof business, and his very noble and high-minded licitors, so far as regards the said George conduct on all occasions, his consistent at- Turner Bubb. Jan. 4. tachment to the institutions of the country,
Child, Robert John, and William Robert his sentiments on religious education and also Kelly, Old Jewry Chambers, City, Attorneys on the importance of social improvement—all and Solicitors. Jan. 1. pointed him out as a fit and proper person to
Gissing, Samuel Newson, and John Wright, represent the University in Parliament, and it Bedford and Ampthill, Attorneys and Solicicould not be doubted that with such a repre- tors. Jan. 4. sentative the best interests of the University Loveland, Thomas Myddleton, and George would be carefully studied, carefully watched, Tash Tweed, 64, Lincoln's Inn Fields. Dec. 25. and invariably ably advocated. He for one
Redfern, Thomas, the elder, Leek, and had come there with a double object, the first Thomas Redfern, the younger, late of Leek, to co-operate in taking steps to ensure Mr. but now of 14, Gray's Inn Square, Attorneys Walpole's return, but particularly hoping to and Solicitors. Jan 18.
Professional Lists.-Notes of the Week.
249 Shield, Hugh, and Joseph Unwin Harwood, relating to Bills of Exchange, Mr. Baron 10, Clement's Lane, Lombard Street, Attorneys Bramwell intimated that in all similar cases he and Solicitors. Jan. 11.
should order speedy execution. Whitlow, Richard Meadowcroft, Richard Mr. Jacobs remarked that it was the general Radford, and Thomas Whitlow, Manchester. understanding that the Court allowed 14 days Attorneys and Solicitors. Jan. 4.
in these cases.
Mr. Baron Bramwell thereupon said that in NOTES OF THE WEEK.
all cases where he was the judge the parties
would find their mistake, for he should order ASSISTANT JUDGE OF MIDDLESEX SESSIONS.
speedy execution. Where the debt was proved R. Pashley, Esq., Q.C., has been appointed it was the province of the plaintiff and not of
to be due, and mercy was required to be shown, Assistant Judge of the Middlesex Sessions, in the judge to grant the indulgence. It had the room of the late Mr. Serjeant Adams. Mr. been in opposition to his opinion that 14 days Pashley was called to the Bar by the Honour- had been allowed.— Times. able Society of the Inner Temple on the 17th Nov., 1837, and went the Northern Circuit. Among the names of other legal gentlemen
LAW APPOINTMENTS. mentioned in Westminster Hall, in connexion
Edmund Humphrey Woolrych, Esq., Barwith the place of assistant Judge of Middlesex, rister-at Law, formerly Secretary to the late were the following :-Mr. Phinn, the present Metropolitan Commissioners of Sewers, has Secretary to the Admiralty; Mr. Bodkin, an been elected Clerk to the Metropolitan Board eminent practitioner in criminal law; and Mr. of Works. Mr. Woolrych was called to the Witham, who has for some years been very ac- Bar by the Honourable Society of the Middle tire in his attendance on the Middlesex bench. Temple on the 22nd November, 1839. “Of all the gentlemen thus named (says the
Mr. Charles Wilkin, Solicitor, of 10, TokenDeily Nexes of the 16th inst.) there can be no house Yard, City, has been appointed by the doubt that Mr. Bodkin combines by far the Supreme Court of Judicature at Bombay a most valuable requisites for the post. It may Commissioner of that Court for taking affidaperhaps be questioned whether this learned yits and examining witnesses in the City of gentleman would consent to sacrifice the lucra. London and elsewhere in England. tive practice he at present enjoys in the criminal
Mr. Roynon Mason, Solicitor, of Newnham, Courts, in order to accept a laborious post, the has been appointed a deputy coroner of the present salary of wbich does not, we believe, Forest district, Gloucestershire. exceed 1,2001. a year, but assuming Mr. Bod
The Right Honourable Spencer Horatio kin to be willing to take the appointment, there Walpole, M.P., Q.C., has accepted the office can be no question that he is the man whose of Archbishop's Church Estates Commissioner, selection would best serve the interests of the vacated by the decease of the Right Honourable public. Mr. Bodkin is not untried as a crimi- Henry Goulburn. nal judge, having for many years acted as Re
The Queen has been pleased to appoint Alcorder of Dover, and on several recent occa- bert Allom, Esq., to be Secretary, Registrar, sions as deputy for the late Mr. Serjeant Adams. and Clerk of the Council, and Clerk of the In both these capacities he has given great sa
Enrolments for the Island of Tobago; Bouverie tisfaction both to the Public and the Legal Alleyne, Esq., to be Secretary, Registrar, and Profession."
Clerk of the Council for the Island of Grenada;
Esqs., to be Resident Magistrates for the Dis1 REPRESENTATION OF THE UNIVERSITY OF trict of Natal; Hollier Griffiths, to be District CAMBRIDGE.
Magistrate for the Island of Mauritius.-From The name of the Right Hon. Spencer Wal- the London Gazette of Jan. 22. pole is that most frequently mentioned in conpexion with the vacancy caused by Mr. Goul
QUEEN'S BENCH.-SITTINGS IN BANCO. burn's death. The Marquis of Granby and Lord John Manners are also spoken of, but we
By half past two o'clock the business of the hear most of Mr. Walpole. All the above Court came to a stand still, in consequence of namned gentlemen are of Trinity College.
the absence of counsel in the other Courts. [Our wishes go heartily with Mr. Walpole,
Lord Campbell said he regretted that the not only as a member of the Profession, but as public time should be so wasted, more especithe fittest in all respects for the honour of re-ally as there were many cases in the special presenting the University.]
paper which it would take some time to get
through. Under the circumstances his Lord. W. H. Watson, Esq., M.P., lectured last ship said he had no alternative but to adjourn week at Hull, on "The History of the Law."
the Court, but before doing so he gave notice that to-morrow after hearing motions the
Court would go on with the cases in the special SPEEDY EXECUTIONS IN ACTIONS ON BILLS
The Court then adjourned. From the Times On the trial of a cause (January 17th in- of 19th January. stant), “ Thompson and another v. Brown,'