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Inns of Court Examination. The Oral Examination of each Student will; Mitford on the Pleadings in the Court of he conducted apart from the other Students ; Chancery. Introduction : Chapter 1, and the character of that Examination will vary sec. 1 and 2 ; chapter 2, sec. 2, part 1 according as the Student is a Candidate for (the first three pages); chapter 2, sec. 2, Honours or a Studentship, or desires simply to part 2 (the first two pages); chapter 2, obtain a Certificate.

sec. 2, part 3; chapter 3. The Act for the The Oral Examination and Printed Questions

Improvement of the Jurisdiction of Equity, will be founded on the Books below-mentioned;

15 & 16 Vict. c. 86. regard being had, however, to the particular 2. The Cases and Notes contained in the first object with a view to which the Student pre- volume of White and Tudor's Leading sents himself for Examination.

Cases, and the Subjects of Charitable and In determining the question whether a Stu

Superstitious Uses with reference to the dent has passed the Examination in such a

Statutes manner as to entitle him to be called to the

43 Eliz. c. 4, Bar, the Examiners will principally have regard 1 Ed. VI. c. 14, and the cases ; to the general knowledge of Law and Juris- Attorney-General v. Ironmongers' Comprudence which he has displayed.

pany, Cr. & Ph. 208.

West v. Shuttleworth, 2 M. & K. 684. A Student may present himself at any

Thetford School Case, 8 Co. 130. number of Examinations, until he shall have obtained a certificate.

Candidates for Certificates of Fitness to be Any Student who shall obtain a Certificate called to the Bar will be expected to be well may present himself a second time for Exami- acquainted with the Books mentioned in the nation as a Candidate for the Studentship, but first of the above Classes. only at one of the three Examinations imme- Candidates for the Studentship or Honours diately succeeding that at which he shall have will be examined in the Books mentioned in obtained such certificate; provided, that if any the two Classes. Student so presenting himself shall not succeed in obtaining the Studentship, his name shall not appear in the list.

The READER on the Law of REAL ProStudents that have kept more than 11 Terms PERTY proposes to examine in the following shall not be admitted to an Examination for the

Books and Subjects :Studentship.

1. Williams, Real Property ; Sugden,

Powers, vol. 1.

2. Alienation by Tenants in tail, and the The READER on CONSTITUTIONAL LAW Alterations introduced by the 3 & 4 Wm. and LEGAL HISTORY proposes to examine on 4, c. 74. the following subjects :

3. The Power of Testamentary Disposition, He will expect the Candidates for Honours

and the Statutory Rules of Construction

contained in 1 Vict. c. 26. in the ensuing Examination to be well acquainted with the Chapters in Hallam's Con- 4. The Law of Perpetuity, with reference to stitutional History which treat of the Reigns of indefinite Powers of Sale and Exchange Elizabeth, and of Charles and James the First, (2 Sugd. Pow. 469); and the Doctrine of and of Charles the Second. He will expect Cy-Pres; Monypeny v. Dering, 16 Mee. them to be well acquainted with the Chapters & W. 418; 2 De G., M. & G., 145. in Stephen's Blackstone, relating to the Law of Treason and the History of our Testamentary

5. The transmissibility of Powers of Sale, Law, and with the State Trials during the

Macdonald v. Walker, 14 Beay, 556 ; and period mentioned above.

the Liability of Purchasers to see to the

Application of their Purchase Money, The Candidate for a Pass will be expected to Stroughill v. Anstey, 1 De G., M. & G., answer any general questions on the leading 635. facts in English History, to be well acquainted Candidates for Honours will be examined in with the History of the Reigns of James the all the foregoing Books and Subjects. CandiFirst and of Charles the First, and with the dates for a Certificate will be examined in those Chapters in Mr. Hallam’s Constitutional His- mentioned in parts 1, 2, and 3. tory, in which the events of that period are discussed.

The Reader on JURISPRUDENCE and the He will expect them also to be acquainted with the Trials of Russell, College, and Sydney. CIVIL Law proposes to examine Candidates

for Honours in the foilowing Books and Sub

jects :The READER on EQUITY proposes to examine in the folçowing Books :

1. Warnkönig's Institutiones Juris Romani

Privati— The Introduction and the First 1. Smith's Manual of Equity Jurisprudence ;

Part of the Second Book.

Inns of Court Examination.Liverpool Assizes.-Notes of the Week. 409 2. The article on "Law” in the Encyclo- “]st, Causes in the Salford Hundred.

pædia Metropolitana-Preliminary Obser- “ 2nd, Causes in the West Derby Hundred, vations and First Chapter.

and elsewhere. 3. Lindley's Introduction to the Study of “ Undefended Causes in each List shall be

Jurisprudence. Part 1, chapters iii, iv., called before the Defended Causes.
vii., viii. and ix. (The text of Thibaut as “At about Two o'clock on each day, a List
translated by Lindley, and the Notes of shall be drawn out by the Prothonotary of a
the Translator.)

certain number of Causes to be taken on the Candidates for a Certificate will be examined following day, and if the Plaintiffs shall not be in

prepared in any Cause in order, the same shall 1. Sandars's Institutes of Justinian. Books be struck out, unless the Court shall otherwise 1 and 2.

direct. 2. The article on "Law” in the Encyclo- “So soon as the Judge in the Nisi Prius

pædia Metropolitana — The Preliminary Court shall have tried all Common Jury Causes Observations and First Chapter. to within about fifty from the end of the second

List, the Special Jury Causes shall be called The READER on Common Law

on, and taken in their order. proposes

“If the Judge presiding in the Crown Court to examine in the following subjects :

can assist in the trial of Causes, all Common Candidates for a Certificate will be examined Jury Causes in about the last fifty Causes in in

the second List shall be sent over to him, 1. The Elements of the Law of Contracts; which shall be stated in the notice of the pre

and in connection therewith Carter v.ceding day.”
Boehm, 1 Smith, L. C. 270, and Dalby v.
The India and London Life Assurance NOTES OF THE WEEK.

Company, 15 C. B. 365.
2. The Rules of Evidence relating to (1),

EXPECTED NEW QUEEN'S COUNSEL. The Burthen of Proof; (2), The Best Evidence; (3), Secondary Evidence-Tay

It is reported in one of the newspapers that lor on Evid., 2nd ed., Pt. ii., chapters 3-5 several gentlemen practising in the Equity inclusive.

Courts are to be called within the Bar at the 3. The Jurisdiction of Quarter Sessions and

commencement of the ensuing Term. Mr. the ordinary mode of procedure at a Cri- Cairns, M.P., Mr. Selwyn, Mr. Giffard, Mr.

minal Trial. Candidates for Honours will be examined in Green, and Mr. Shapter have been mentioned the foregoing subjects, and also in

as the Counsel whom the Lord Chancellor has 4. The Law relative to Distress for Rent selected for that distinction.-Morning Herald. (Smith's Lectures on Landlord and Te

Another journal adds to the candidates for nant; Lectures V., commencing at p. 141, and vi.)

silk gowns the names of Mr. Bazalgette, Mr. 5. The New Rules of Pleading, Trinity Shebbeare, Mr. Webster, Mr. C. Barber, Mr.

Term, 1853, in connection wherewith Fleming, Mr. Wickens, Mr. H. Palmer, and
should be read Lush's Pract. (edited by Mr. Goldsmid. Both lists contain the names
Stephen), book i., chapters 3 and 4.
By order of the Council,

of Mr. Cairns and Mr. Selwyn. The former, EDWARD RYAN, it is said, will practise in Vice-Chancellor Sir

Chairman (pro. tem.) W. P. Wood's Court, and the latter at the Council Chamber, Lincoln's Inn,

Rolls.-Morning Chronicle. 4th March 1856.

CHANCERY HOLIDAYS.

NEW ARRANGEMENT FOR THE TRIAL OF

CAUSES.

LIVERPOOL ASSIZES.

TheEaster holydays commenced on Thursday, the 20th March, and will terminate on

Thursday, the 3rd of April. The Court will The Liverpool Law Society have rendered resume its sitting on Friday, the 4th April

. good service by effecting an improved arrange

ROLLS CHAMBER VACATION SITTINGS. ment in the trial of causes. They sent a deputation to the Judges on Circuit at York, and

The Chambers of the Master of the Rolls,

Rolls Yard, Chancery Lane, will be open on their lordships favourably received the sug- Thursday, March 20; Wednesday, March 26; gested alteration. It is fully expected that the Thursday, March 27, and Friday, March 28, following regulation will be carried into effect from 11 to 1 o'clock, to dispose of applications at these Assizes :

for time. “ The Cause List shall be divided into two

LAW APPOINTMENTS. parts.

Mr. John George Calthrop, Solicitor, has This article is published separately. been elected Town Clerk of Boston.

410

Notes of Week.-Superior Courts : Lord Justices.-V. C. Stuart. Mr. George York, Solicitor, has been ap-| George M'Dowell, Esq., has been appointed pointed Clerk to the Trustees of Boston Har- Official Manager of the Tipperary Bank. Mr. bour.

J. Dillon Meldon, has been appointed Solicitor Mr. T. Wise, jun., has been appointed under him, and Mr. Gibson and Mr. Adair to County Treasurer for the North Holland Di- be the Solicitors, having the carriage of the vision of Lincolnshire.

proceedings. Mr. Donald Grant, has been appointed a Stone, Esq., to be Stipendiary Magistrate for

The Queen has been pleased to appoint John joint Magistrate and Deputy Collector of the Western District of the County of St. George, second grade to the Dtstrict of Furruckabad, in the Island of Trinidad. From the London East Indies.

Gazette of March 18. Mr. Martin Richard Gubbins, has been ap- Mr. John Benjamin Lee, Solicitor, has been pointed to officiate as Civil and Session Judge appointed Secretary to the new Bishop of of Cawnpore.-Civil Service Gazette.

Carlisle.

RECENT DECISIONS IN THE SUPERIOR COURTS.

NERSHIP.

a

Lords Justices.

ingly. The executors to be at liberty at all Barlow and another v. Warburton and another. reasonable times to inspect the accounts, and March 13, 1856.

an inquiry to be made at Chambers as to the PARTNERSHIP.--DEATH OF PARTNER.-RE

sale of the partnership. CEIVER AND MANAGER.-SALE OF PART

In re Claus, exparte Claus. March 14, 1856. Held, varying the order of Vice-Chancellor BANKRUPT.-PETITION OF APPEAL.-CERStuart, that, upon the death of a partner in

TIFICATE.- - PROTECTION AD INTERIM. a firm, the surviving partners will be ap

The Commissioner Stevenson refused a bankpointed the managers and receivers, where their conduct was not impeached, upon their

rupt his certificate and protection, and it giving security, but with leave to the repre

appeared the assignees intended to proceed sentatives of the deceased partner at all

criminally against him. The bankrupt was reasonable times to inspect the accounts.

abroad and had appealed. His petition of And an inquiry was directed to Chambers

appeal was allowed to stand over in order as to the sale of the partnership in accord

to consult his professional advisers; but ance with the terms of the deed of partner.

held that interim protection could not be ship.

granted, unless his solicitor undertook the

bankrupt should not leave the country withThis was an appeal from the decision of Vice-Chancellor Stuart granting an injunction

out the leave of the Court. to restrain the defendants, the surviving part

This was an application that this appeal nere of Mr. Abraham Barlow, and of whom the from the decision of Mr. Commissioner Sievenplaintiffs were executors, from continuing the son refusing this bankrupt his certificate and business until the hearing, and for the appoint- protection, might stand over in order that the ment of a receiver and manager. It appeared sult his professional advisers, and for protec

bankrupt, who was in Germany, might conthat by the terms of the deed of partnership, tion in the meantime. It appeared that the in case any of the parties died before the expi- assignees intended to institute criminal proration of the term, the legal personal represen- ceedings against him. tative should have the option, upon giving one month's notice, of succeeding him; but if no

G. M. Giffard in support; Bacon and Aspisuch notice were given, that the surviving

nall for the assignees, contrà.

The Lords Justices, upon his solicitor being partners might buy his share upon certain terms, or dissolve, in which latter case the unable to undertake that the bankrupt should assets were to be realised and the proceeds not leave the country with leave of the Court, distributed. The plaintiffs had given notice refused to give protection ad interim, but alto continue, but on being refused on two occa

lowed the petition to stand over. sions to see the books, they filed this bill for a dissolution, accounts, and to payment of one

Vice-Chancellar Stuart.
third, and in the meantime for the appointment
of a receiver and manager and an injunction.

Anon. March 13, 1856.
Bacon and Druce in support; Malins and HUSBAND AND WIFE.
Bird, contrà.

The Lords Justices said, that as the conduct TION OF WIFE.-UNDERTAKING. of the surviving partners was not impeached, Order made to enlarge the time for closing they were entitled, according to the practice of the evidence and for the attendance of the this Court, to be appointed receivers and ma- defendant's wife before the examiner to be nagers, upon giving security, and the order of examined on the defendant's behalf, but on the Vice-Chancellor would be varied accord- its appearing that she was in personal

ENLARGING TIME FOR CLOSING EVIDENCE FOR EXAMINA.

EST IN REAL ESTATE IN TRUST FOR
SALE. NOTICE TO TRUSTEES. -PRI-
ORITY.

Superior Courts : V. C. Stuart.-.V. C. Wood

411 danger if her husband knew her abode, his place. It appeared that the abstract was not counsel and solicitor were required to un- delivered until March 11, 1854, nor a comdertake no attempt should be made directly plete title shown before the conveyancing or indirectly to discover her residence, or counsel until Jan. 10, 1856,

,-an abstract of in any way to molest her, and the solicitor the earlier title having been required. The also lo sign the registrar's book.

question now arose, whether the petitioners Bacon and W. Morris appeared in support

were liable to pay interest, which exceeded. the of this motion on behalf of the defendant, to rents by about 600l., from Jan. 2, 1854, to the enlarge the time for closing the evidence for present time.

Craig and Elderton for the petitioners; one month after the plaintiff's solicitor should have given him a particular in writing contain-Wigram and Goldsmid for the vendors ; Hob

house for the railway company. ing the present abode of his wife in order to her being examined, and that the plaintiff's so- in the conditions as to the purchasers' right to

The Vice-Chancellor said, that the stipulation licitor might give such particulars within two the rents and profits and to pay interest must days after service of the order now applied for. be treated as substantial and to have effect,

Malins and Martindale for the plaintiff; the costs of the investment, &c., to be paid by Renshaw for the wife, contrà, on the ground the railway company. that she was in personal danger if her abode were made known to the defendant. The Vice-Chancellor said, that there was

Vice-Chancellor Uwood. ample power to protect the wife, but she ought

Lee v. Howlett. March 10, 1856. to appear before the examiner and give evidence. The order would therefore be made INCUMBRANCES ON REVERSIONARY INTERfor her attendance, but upon the undertaking of the defendant's counsel and solicitor that no attempt should be made directly or indirectly to discover her residence or in any way Held, that subsequent incumbrances on the reto molest her. The solicitor would also under- versionary interest in real estates devised take and sign the registrar's book.

in trust for sale, were entitled, having given notice to the trustees, in priority to a pre

vious one who had not given such notice. In re Newcastle and Berwick Railway Com- CERTAIN real estates were devised, upon the

pany, exparte Dean and Chapter of Durham. determination of a life estate, in trust for sale, March 14, 1856.

and it appeared that one of the shares in such

reversion had been encumbered, but that the VENDOR AND PURCHASER.-CONDITIONS OF first incumbrancer had not given notice to the

trustees. The estate having now been sold in Conditions of sale provided for the purchasers this suit, the question arose, whether such in

to receive the rents and profits from Christ. cumbrancer was entitled to priority to the mas, 1853, and for the completion of the subsequent ones, who had duly given notice. purchase and payment of the money on Daniel, W. P. Murray, and Bilton for the Jan. 2 following but that if from any incumbrancers who had given notice ; Cadman cause whatever the purchase was not then Jones for the first incumbrancer; Rolt, Speed, completed, the purchasers should pay 5 per Lambert, and Hatchard, for other parties. cent. on the purchase-money until comple. The Vice-Chancellor said, that in this case tion. The abstract was not delivered until none of the legatees could have reached the March 11, 1854, and a perfect title was estate except through the trustees and except not shown until Jan. 10, 1856: Held, that in the shape of money, and that therefore the the purchasers were nevertheless liable to principle of Foster v. Blackstone, 3 C. & F. pay interest, and although it exceeded the 456, applied, and the subsequent incumbrancere rents by about 600l.

were accordingly entitled in priority to the first, It appeared that the petitioners had

who had not given notice.

purchased by private contract in October, 1853, certain lands sold under a decree, with the Stiff v. Cassell and another. March 12, 1856. proceeds of other lands taken by the above railway company, subject to the purchase, title, and conditions of sale being approved by the Court. One of the conditions provided that

FOR WANT OF EQUITY. they should pay the money into Court on or The defendant, an author, agreed with the before Jan. 2, 1854, on which day the pur. proprietor of a periodical to supply him chase was to be completed and the purchasers with two tales, to extend over one year, at let into possession of the rents and profits from an agreed price per week, and that the de. Christmas, 1853, but that is from any cause fendant should not write for any other whatever the purchase-money should not be paper which should be sold or published at paid as aforesaid, they should pay interest at a less price than 6d. The defendant supe the rate of 56. per cent, thereon, from Jan. 2, plied a portion of the tale, but afterwards 1854, until such payment should actually take transferred his services to another periodi

SALE. INTEREST.-TITLE.

BILL BY PROPRIETOR OF PERIODICAL

AGAINST CONTRIBUTOR. DEMURRER

412

Superior Courts : V. C. Wood. cal, and the plaintiff was obliged to employ Tarra!t v. Lloyd. March 13, 1856. another person to complete the tale. A de

EQUITY JURISDICTION IMPROVEMENT ACT. murrer for want of equity was overruled, DEATH OF ONE DEFENDANT. — REwith costs, against a bill to restrain such

PRESENTATIVE UNDER S. 44. defendant from writing in such paper.

In a suit for the specific performance of an It appeared that the plaintiff, who was pro- agreement for a lease, one of the defendants prietor of the London Journal, had agreed that died in Havannah, as appeared from letters the defendant should write two tales for that from that place giving details of his illness, periodical, extending over one year, the titles death, and funeral, and also that he was to be thereafter agreed on, and' for which he insolvent, and an affidavit of his father deagreed to pay 101. per week for each number, clining to administer was produced : Held, and he agreed to continue to receive one num- that upon his father's refusing to represent ber weekly during that term, conditionally on his estate under the 15 & 16 Vict. c. 86, s. the defendant not writing for any other publi- 44, an order would be made appointing cation which should be sold or published at a another personsuch refusal to appear on price less than 6d. The defendant agreed to the face of the order. the arrangement, and supplied a portion of the This bill was filed for the specific pertale, but afterwards he transferred his services formance of an agreement for a lease, and it to the defendant Cassell, the proprietor of the appeared that one of the defendants had since Illustrated Family Newspaper, and the plaintiff died in the Havannah in insolvent circumemployed another gentleman to complete the stances. tale. A motion for an injunction in a suit to This motion was accordingly made under restrain the publication of any work of fiction the 15 & 16 Vict. c. 86, s. 44, which enacts, written by the defendant and to restrain the that “if in any suit or other proceeding bedefendant' from so writing, was directed to fore the Court, it shall appear to the Court stand over until the plaintiff had established that any deceased person who was interested his right at law, but the defendant Smith de- in the matters in question has no legal permurred for want of equity.

sonal representative, it shall be lawful for the Willcock and W. Morris in support. Court either to proceed in the absence of

The Vice-Chancellor said, that the contract any person representing the estate of such was for a year certain, and there was no breach deceased person, or to appoint some person to by the plaintiff in employing another person, represent such estate for all the purposes of upon the defendant's default, to complete the the suit or other proceeding, on such notice to tale. The demurrer was therefore overruled, such person or persons, if any, as the Court with costs.

shall think fit, either specially or generally by public advertisements; and the order so made

by the said Court, and any orders consequent Ellice r. Forsyth. March 13, 1856.

thereon, shall bind the estate of such deceased CROSS-BILL.

FOR WANT of person in the same manner in every respect as

if there had been a duly constituted legal per

sonal representative of such deceased person, A cross bill was filed and stood over by ar, and such legal personal representative had been

rangement, until the decree in the original a party to the suit or proceeding, and had
suit. ii appeared that if the plaintif, in duly appeared and submitted his rights and in-
the cross-bill had failed in the original, it terests to the protection of the Court.”
would have been necessary to try the ques.
tion there raised. The decree in the ori, Havannah giving the details of the defendant's

Druce in support, upon letters from the
ginal bill svas however in his favour, and illness, death, and funeral, of his being insol-
the cross-bill was not proceeded with: A vent, and on the affidavit of his father declio-
motion was granted to dismiss it with costs ing to administer.
for want of prosecution.

Selwyn, Pigott, and J. T. IIumphry, for the This was a motion to dismiss this cross-defendants, contrà, on the ground of the inbill for want of prosecution, with costs. sufficiency of the death and insolvency, and

Dickinson in support; Daniel and Sargent, that the plaintiff should amend. contrà, as to costs.

The Vice-Chancellor said, that the evidence The Vice-Chancellor said, the plaintiff in this of the death was suficient to have obtained cross-bill had evidently filed it to try a ques. letters of administration, and there was primá tion, which was necessary, in case the original facie evidence of the insolvency. If, however, decree had gone against him. It appeared, there were assets, the order would not prejuhowever, that he had succeeded, and it became dice the defendants, as they would be entitled therefore unnecessary for him to proceed with to contribution from his estate. It would be the cross-bill, and as there appeared to be no- better if the father, who would be entitled to thing in the correspondence but an under- administer, would consent to represent the standing that the cross-bill should stand over estate, but if not, the order would be made,

til the hearing of the original suit, the mo- showing on the of it that the her had tion would be granted with costs.

appeared and declined to represent the estate, upon the usual affidarit of fitness,

DISMISSING
PROSECUTION.--COSTS.

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