Page images

Inns of Court Commission.-Questions at the Examination.

panied with the professional rank and standing as a Barrister-at-Law.


11. A plaintiff or defendant having obtained a verdict out of Term, how soon afterwards may he issue execution?

A good law degree is most essential, especially 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 be offered our Students to possess a superior knowledge of their Profession, and the best means is to be found in a liberal Royal Law University, which, like the Universities of Oxford and Cambridge, will elevate all branches of the Profession to their due standing.

S. D.

13. In an action against a feme covert, can she enter an appearance by attorney, and if she plead coverture and obtain a verdict on the plea, is she entitled to the same costs as any other defendant obtaining a verdict is entitled to, or to any, and what costs?

14. If an attorney, as attorney for a defendant, 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

Hilary Term, 1856.


dertaking, and what are they?

15. A warrant of attorney to confess a judgment for 1,000l. having been given by two parties jointly (and not jointly and severally), one of them dies before judgment entered up; can the party to whom the warrant of attorney was given enter up judgment against the surap-vivor?

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 plied yourself during your clerkship.

3. Mention some of the principal law books which you have read and studied.

4. Have you attended any, and what, law lectures?


16. What is the difference between an action of detinue and trover?

17. If the acceptor of a bill of exchange refuse payment of it when due, is any, and what, step necessary before the holder can sue the

COMMON LAW AND PRACTICE OF THE drawer or indorser?

[blocks in formation]


18. When a contract is not under seal and

is made by a party acting as agent for another, may the person for whose benefit the contract is made, sue thereon? or must the action be brought in the name of the agent who made the contract?

19. If a sheriff remove goods seized by him under an execution against the effects of a tenant, after notice that half-a-year's rent is due to the landlord, without provision being made for payment of the rent,-has the landlord 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 do20. 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 to inspect should be given, and a fresh order for admission be obtained in respect of the same documents upon the 2nd trial?

9. What is a sequestration as applicable to the recovery of a debt? under what circumstances, and by whom is it issued? and to what species of property does it apply?

titled to the respective estates?

21. Give concisely the words by which an estate in tail male, an estate in tail general, and an estate in tail male special, may respectively be created.

22. Conveyance by bargain and sale enrolled, to A. and his heirs, to the use of B. and his heirs, in trust for C. and his heirs; in whom, under such a conveyance, does the legal estate vest?

10. In an action brought under 18 & 19 Vict. c. 67 (the Act to facilitate the Remedies 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 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,

[blocks in formation]

who all die in his lifetime; who, on A's death, is entitled to administer to d.'s will? 26. What is the meaning of the terms "Estoppel" and "Escrow?"

27. Estates settled to the use of A. for life, remainder to the use of trustees for terms of years to raise jointure and portions, remainder to the use of the 1st and other sons of A. successively in tail; who is entitled to the imme. diate custody of the title deeds?

28. Can a person legally present himself to a living, the next presentation to which he has purchased either in his own name, or in the name of a trustee? If not, why not?

29. What, if anything, is necessary to be done to make a bill of sale of chattels good, and under what law, or regulation?

30. State concisely what provisoes, covenants, and powers, are usually inserted in mortgages in fee of freehold estates.

31. Is there any relation in which persons may stand with reference to each other which forbids a purchase by either of them from the other? State instances of such relation.

32. A., seised in fee, sells to B. in fee: what covenants for title are inserted in the conveyance? If A. were a trustee only for sale, without having a beneficial interest, would the same covenants be inserted, and if not what other covenants?

33. A person devises his real estate to his heir at law; does such heir take the estate by devise or by descent? By what law or usage is this matter governed?

34. A., B., and C., are joint Tenants of Black Acre, Tenants in Common of White Acre, and Tenants in Coparcenary of Green Acre; B. dies, leaving A. and C. living; Who on B.'s death will become entitled to his interest in the Estates respectively, and in what proportions?


35. State some of the principal subjects of Equitable Jurisdiction.

36. In what cases will a Court of Equity relieve against a Forfeiture of a Lease for breach of Covenant, and is there any, and what, case in which no relief can be afforded?

37. In what cases will a Court of Equity decree the specific performance of a contract relating to Land, when the agreement is not in writing?

38. In the case of a Tenancy for Life, without impeachment of waste, are there any kinds of waste which the Court will restrain?

39. In what respects does a Tenancy for Life," without impeachment of waste," differ from an Estate for Life, in the limitation of which those words are omitted?

40. Where it is apprehended that a breach of Trust will be committed with regard to Stock in the Public Funds, what steps would you advise in order to prevent any improper dealing with the Stock?

41. How is an Infant made a Ward of Court? and what is the effect of it as regards the person and property of the Infant ?

42. How can a Trustee relieve himself from the performance of his Trust?

43. Describe, generally, the several modes of instituting proceedings in the Court of Chancery, and the nature of the cases to which each mode is applicable.

44. How is a suit on behalf of an Infant or a married woman commenced? and what authority should the Solicitor obtain ?

45. Describe the principal steps in a cause which has been commenced by Bill.

46. State the different modes in which evidence can now be given by a plaintiff in support of his case at the hearing.

47. What is now the course of proceeding in Chancery by a Creditor, to obtain payment of his Debt, or by a Legatee, to enforce payment of his Legacy?

48. When a suit becomes abated by the Death of any of the Parties, what is the mode of proceeding to revive the suit?

49. What are the matters of relief which must now be sought for by Proceedings in the Judges' Chambers?



50. State the principal objects to be effected under the operation of the Law of Bankruptcy. 51. How is an Adjudication to he obtained? 52. What are the facts to be established in evidence by the Petitioning Creditor?

53. When, and how, can a Trader dispute the Adjudication against him?

54. State the mode of proving Debts under an Adjudication in Bankruptcy.

55. How is the Property of a Bankrupt vested in the Assignees?

56. Give instances of Property in the posgession of a Bankrupt which does not pass to his Assignees.

57. What is deemed a fraudulent preference made in favour of one of the Bankrupt's Creditors?

58. Are there any, and what, settlements made by a Trader before an Adjudication which are deemed valid?

59. If one of several Partners becomes Bank

rupt what is the effect on the other Partners ?

60. In what cases, and to what Court, may an appeal against the decision of the Commissioners in Bankruptcy be made?

61. When, how, and by whom, is the Certificate of Conformity granted to a Bankrupt? 62. What are the general grounds on which a first, second, or third class Certificate, is usually granted?

63. If a Certificated Bankrupt acquire Property after the Adjudication against him, or after his last Examination, can he retain it in any, and what, circumstances?

tors in number, or value of Debts, bind the 64. Can any, and what, proportion of Credirest to accept a Composition?




65. What are the usual Proceedings on a Criminal charge up to the time of Trial? 66. When may the accused be admitted to Bail?

Common Law Rule Appointing Examiners.-Inquest on the late Mr. Waugh.

67. In case of a commitment for Murder, can the accused be admitted to Bail?

68. Can any, and what, defects in an Indictment be amended at the Trial?

69. Is there any, and what, Appeal in Criminal Prosecutions?

70. Describe the offences of Larceny and Embezzlement.

71. What is a Criminal Information, and how is it obtained?

72. What is a Writ of Mandamus? how, and in what cases, may it be applied for? Describe the necessary Proceedings, and how is it to be opposed.

73. Are Magistrates responsible for acts done in their official capacity, and are they entitled to any, and what, notice of Legal Proceedings against them?

74. What are the offences which Courts of Quarter Sessions are empowered to try? and what Offences may be tried and punished in a summary way by Magistrates?

75. What power do Magistrates possess in regard to stopping up or altering a public path? 76. On whom is the Liability thrown for Repairs of Highways and Public Bridges, and are there any, and what, cases of exception?

77. What property, if any, real or personal of the accused, is forfeited on a Conviction for Felony, and from what time does the forfeiture take place?

78. What is the Jurisdiction of a Magistrate in cases of wilful trespass on, and damage done to, land?

79. How can a Settlement under the Poor Law be now obtained? and what is the Law with respect to the removal of Paupers ?


Hilary Term, 1856



THE circumstances connected with the murder of Mr. George Waugh, of Great James Street, Bedford Row, on the 16th instant have been so fully detailed in all the Newspapers, that it is unnecessary to repeat them to our readers, who doubtless have perused them with deep attention. Some reflection had been cast on the deceased, as if he had in some degree provoked his fate by harshness or oppression. We willingly give insertion to the statement which was handed to the reporter at the Inquest, by Mr. Henry Sadler Mitchell, Mr. Waugh's late partner.

"I, Henry Sadler Mitchell, of 5. Great Prescott Street, Goodman's Fields, Solicitor, Vestry Clerk to the parish of St. Mary, Whitechapel, state that I was on terms of very great intimacy with the late Mr. Waugh, with whom I was in partnership for seven years, expiring in March last.

"That I was also on terms of great intimacy with his family, and was during the partnership a constant visitor at his house, and occasionally so since the partnership.

"That I was well acquainted with the transactions between the deceased and the prisoner.

"That the deceased, as the solicitor for the prisoner and his family, some two or three years ago, instituted a suit in Chancery, and the deceased by his ability and perseverance gained for them an estate worth 3,000l. or 4,000l.

"That attempts were made to sell the property, which were greatly frustrated by the extraordinary conduct of the prisoner, much to the annoyance of some, if not of all the rest of the prisoner's family.

[ocr errors]

It is ordered that the several Masters for the 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.

throughout the transaction acted with great kindness and forbearance, although his conduct had been highly offensive towards the deceased.

Frere, George Herbert Kinderley, Henry Lake, "That the deceased had advanced the priJames Leman, William Murray, William soner moneys on account of his share, and had Henry Palmer, Edward Leigh Pemberton, William Sharpe, William Stephens, John James Joseph Sudlow and William Tooke, gentlemen Attorneys-at-Law be and the same are hereby appointed Examiners for the present year to examine all such persons as shall desire to be admitted Attorneys of all or either of the said Courts, and that any five of the said Examiners (one of them being one of the said Masters) shall be competent to conduct the said examination in pursuance of and subject to the provisions of the Rule of all the Courts made in this behalf in Hilary Term, 1853.

[blocks in formation]

"That some weeks ago the prisoner sent the deceased a threatening letter, which compelled him to bring the prisoner before a magistrate; but as the deceased did not press the charge against the prisoner, the magistrate discharged him upon his giving an assurance that he would employ another solicitor, and would not again annoy the deceased.

"That I have every reason to believe the deceased did not press the charge against the prisoner out of motives of kindness towards 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
incarcerated, perhaps for a considerable time.
"That since this period I believe another so-
licitor has been acting for the prisoner.

"That the statements made by the prisoner, when taken into custody, that Mr. Waugh had ruined him,' or 'cheated him out of his estate,' and observations to the same effect, are entirely false; and I may say that, if ever client was indebted to a solicitor, the prisoner was to the late Mr. Waugh.

"That the deceased, besides having an extensive business, was possessed of a large private fortune, and had no motive in keeping the prisoner out of a shilling he was entitled to.

[ocr errors]

see it testified by that meeting that there was no disunion among the Conservative Members of the Senate."

It is arranged, that on the retirement of Mr. Walpole from the present seat for Midhurst, Mr. Warren, Q. C., will be the Conservative Candidate for that Borough; and of his election, we believe there is no doubt. As an eminent author on Constitutional Law and the practice of Parliament and its Committees, Mr. Warren's accession to the House of Commons will be highly 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 for the Profession, as the Public, the future alterations projected in the administration of justice.

generous and warm-hearted friend."






Appointed under the Fines and Recoveries' Act,

with date when gazetted.

Mant, Henry John, Bath, in and for the city of Bath, also in and for the county of Somerset. Jan. 8.

It is part of our province to record not only the Members of the Profession who are actually in Parliament, but those who are Candidates for that distinguished honour. We now gladly notice the confident expectation that Mr. Walpole, Q.C., 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 meeting of Heads of Colleges on the 19th instant will show the great estimation in which Mr. Walpole is held in the University.

The Master of St. Peter's College (Dr. Cookson) said, "with regard to Mr. Walpole's eligibility as a candidate, he thought that that gentleman's position in the State as a former Minister of the Crown-his position in the House of Commons, as one of the leading Members-his ability, his eloquence, and successful speaking, his experience and knowledge of business, and his very noble and high-minded conduct on all occasions, his consistent attachment to the institutions of the country, his sentiments on religious education and also on the importance of social improvement-all pointed him out as a fit and proper person to represent the University in Parliament, and it could not be doubted that with such a representative the best interests of the University would be carefully studied, carefully watched, and invariably ably advocated. He for one had come there with a double object, the first to co-operate in taking steps to ensure Mr. Walpole's return, but particularly hoping to



under the 16 & 17 Vict. c. 78, with date when Gazetted.

Moore, Joseph Henry, Walsall. Jan. 8.



From 25th Dec., 1855, to 18th Jan., 1856, both

inclusive, with dates when gazetted. Avison, Thomas, and Kenneth Powles, Liverpool, Attorneys and Solicitors. Jan. 4.

Bubb, John, Benjamin Bubb, and George Turner Bubb, Cheltenham, Attorneys and Solicitors, so far as regards the said George Turner Bubb. Jan. 4.

Child, Robert John, and William Robert Kelly, Old Jewry Chambers, City, Attorneys and Solicitors. Jan. 1.

Gissing, Samuel Newson, and John Wright, Bedford and Ampthill, Attorneys and Solici tors. Jan. 4.

Loveland, Thomas Myddleton, and George Tash Tweed, 64, Lincoln's Inn Fields. Dec. 25.

Redfern, Thomas, the elder, Leek, and Thomas Redfern, the younger, late of Leek, but now of 14, Gray's Inn Square, Attorneys and Solicitors. Jan 18.

Professional Lists.-Notes of the Week.


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 Radford, and Thomas Whitlow, Manchester. Attorneys and Solicitors. Jan. 4.



R. Pashley, Esq., Q.C., has been appointed Assistant Judge of the Middlesex Sessions, in the room of the late Mr. Serjeant Adams. Mr. Pashley was called to the Bar by the Honourable Society of the Inner Temple on the 17th Nov., 1837, and went the Northern Circuit.

understanding that the Court allowed 14 days Mr. Jacobs remarked that it was the general in these cases.

Mr. Baron Bramwell thereupon said that in all cases where he was the judge the parties would find their mistake, for he should order speedy execution. Where the debt was proved it was the province of the plaintiff and not of to be due, and mercy was required to be shown, the judge to grant the indulgence. It had been in opposition to his opinion that 14 days had been allowed.-Times.


Edmund Humphrey Woolrych, Esq., Bar

Metropolitan Commissioners of Sewers, has been elected Clerk to the Metropolitan Board of Works. Mr. Woolrych was called to the Bar by the Honourable Society of the Middle Temple on the 22nd November, 1839.

Mr. Charles Wilkin, Solicitor, of 10, Tokenhouse Yard, City, has been appointed by the Supreme Court of Judicature at Bombay a Commissioner of that Court for taking affidavits and examining witnesses in the City of London and elsewhere in England.

Among the names of other legal gentlemen mentioned in Westminster Hall, in connexion with the place of assistant Judge of Middlesex, rister-at Law, formerly Secretary to the late were the following:-Mr. Phinn, the present Secretary to the Admiralty; Mr. Bodkin, an eminent practitioner in criminal law; and Mr. Witham, who has for some years been very active in his attendance on the Middlesex bench. "Of all the gentlemen thus named (says the Daily News of the 16th inst.) there can be no doubt that Mr. Bodkin combines by far the most valuable requisites for the post. It may perhaps be questioned whether this learned gentleman would consent to sacrifice the lucrative practice he at present enjoys in the criminal Courts, in order to accept a laborious post, the present salary of which does not, we believe, exceed 1,2001. a year, but assuming Mr. Bodkin to be willing to take the appointment, there can be no question that he is the man whose selection would best serve the interests of the public. Mr. Bodkin is not untried as a criminal judge, having for many years acted as Recorder of Dover, and on several recent occasions as deputy for the late Mr. Serjeant Adams. In both these capacities he has given great satisfaction both to the Public and the Legal Profession."

[blocks in formation]

THE name of the Right Hon. Spencer Walpole is that most frequently mentioned in connexion with the vacancy caused by Mr. Goulburn's death. The Marquis of Granby and Lord John Manners are also spoken of, but we hear most of Mr. Walpole. All the above named gentlemen are of Trinity College.

Mr. Roynon Mason, Solicitor, of Newnham, has been appointed a deputy coroner of the Forest district, Gloucestershire.

The Right Honourable Spencer Horatio Walpole, M.P., Q.C., has accepted the office of Archbishop's Church Estates Commissioner, vacated by the decease of the Right Honourable Henry Goulburn.

The Queen has been pleased to appoint Albert Allom, Esq., to be Secretary, Registrar, and Clerk of the Council, and Clerk of the Enrolments for the Island of Tobago; Bouverie Alleyne, Esq., to be Secretary, Registrar, and Clerk of the Council for the Island of Grenada; Henry Francis Fynn and Benjamin Blaine, trict of Natal; Hollier Griffiths, to be District Esqs., to be Resident Magistrates for the Disthe London Gazette of Jan. 22. Magistrate for the Island of Mauritius.—From


Court came to a stand still, in consequence of By half past two o'clock the business of the 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.]

W. H. Watson, Esq., M.P., lectured last week at Hull, on “The History of the Law."

[blocks in formation]

paper which it would take some time to get through. Under the circumstances his Lordship said he had no alternative but to adjourn 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


of 19th January.
The Court then adjourned.-From the Times

« EelmineJätka »