Page images


Changes in the Law.--Sheriffs' Fees : Poundage.

55 the master of every vessel outward-bound who reason of any such offence, and any proceeding shall refuse to take a post letter bag deliverd for recovery of any such fine or penalty, or for or tendered to him by an officer of the Post the punishment of any offender. Office for conveyance; but every such master 15. Act may be amended this session.--And shall be entitled to the same gratuities as the be it enacted, that this act may be amended or master of any other vessel, not being a post repealed by any act to be passed during the office packet, conveying letters for or on behalf present session of parliament. of the Post Office.

11. Treasury may alter gratuities to masters of vessels carrying bags of letters. -And be it enacted, that it shall be lawful for the Lords

SHERIFFS' FEES. -POUNDAGE. of the Treasury to make any reduction or

1 Vict. c. 55. alteration they inay consider expedient in the gratuities allowed by law to masters of vessels It surely never could have been the intention for letters conveyed by them, for or on behalf of the officers of the Courts of Law, under the of the Post Office, between places within the statute 1 Vic. c. 55, to have allowed to bailiff's United Kingdom and between the United for executing warrants under writs of execuKingdom and the islands of Man, Jersey, tion, such fees as are enumerated in " the Guernsey, Sark, and Alderney, and to allow table,in addition to the poundage which the any gratuities for the conveyance of letters to sheriff has hitherto taken, and continues to masters of vessels passing to or from or be- take. They must have considered that the tween any of her Majesty's colonies or posses- above mentioned statute repealed the 23th sions beyond the seas, if they shall think fit, Eliz. c. 4; otherwise what does the sheriff do not exceeding the gratuities payable to Mas- to entitle him to receive such an enormous ters of vessels for the conveyance of ship profit as 5 per cent. on the first 1001., and 2 letters from the United Kingdom to places per cent. on the residue ? beyond the seas.

Now look at the extravagant working of 12. The word Letter " to be deemed all this law as it now stands, unjust and oppressive papers transmitted by post.-And be it enacted, alike to defendant as to the plaintiff? that whenever the word “letter” or “letters'

The writ we suppose is endorsed to levy 2501. is used in this act, the same shall be held to

£. include newspapers, and any other packet, The bailiff's fee is .

1 1 paper, article, or thing transmitted by the Possession money for ten days 2 10 post, but not so as to deprive newspapers of For sale by auction

12 19 any privilege they now legally possess of pass- Certificate and other charges 0 19 ing free of postage ; and that the provisions of Sheriffs' poundage

8 15 this act shall be construed according to the respective interpretations of the terms and

£25 15 expressions contained in the said act of the If against the body the fees are, first year of the reign of her present Majesty, For the bailiff

1 1 intituled “ An Act for consolidating the laws For conveying the defendant to relative to Offences against the Post Office of

gaol, 1:2 iniles

1 14 the United Kingdom, and for regulating the Certificates, &c.

0 10 judicial Administration of the ost Office Sheriffs’ poundage

8 15 Laws, and for explaining certain terms and expressions employed in those Laws,” so far

£12 0 as those interpretations are not repugnant to And this (it will be borne in mind) must be the subject, or inconsistent with the context paid upon every arrest for a sum amounting to of such provisions.


, either by the defendant or the plaintiff ; 13. Quorum of Lords of the Treasury.—And by the latter, even if he should lose his whole be it enacted, that wherever the order, consent, debt and costs. or direction, or any other act of the Lords The undersheriffs say, that, notwithstandof the Treasury is prescribed or required ing the table of fees has been expressly framed by this act, such order, consent, direction, to meet every part of the official duty peror other act may be signified under the hands formed by · sheriffs, undersheriffs, deputy of the Lords of the Treasury or any three of sheriffs, sheriff's agents, bailiffs, and others, them.

they consider themselves still entitled to de. 14. Continuance of act.-And be it enacted, mand the poundage, because the statute 1 Vic. that this act, and all warrants issued under the c. 55, which creates this new table of fees, authority of the same, shall absolutely cease does not repeal the statute 28 Eliz. c. 4, aland determine on the fifth day of October, one though it repealed the 23 Hen. c. 9, and parts thousand eight hundred and forty, unless Par- of several other statutes. So that in truth liament shall declare to the contrary, except in they are at this moment in receipt of a double respect of any postage duties which may then set of fees. I say a double set of fees, because have become payable under or by virtue of this it has been expressly held, that the poundage act, and of any proceeding for recovery of such payable to the sheriff was to meet every exduties, and except also as to any offence com- pence incidental to the levying of a writ of mitted against the provisions of this or any execution. But another question arises out other act, and any fine or penalty incurred by of this view of the case, and one which I think

[ocr errors]
[ocr errors]



Questions at the Michaelmas Term Examination.

every offence.

requires the serious consideration of the under- | If the defendant keep out of the way to avoid sheriff's.

personal service of a writ of summons, The statute 28 Eliz. c. 4, is certainly in no

are there any, and what, means by which part of it repealed. It is still in full force and

to compel an appearance? effect. It enacts “ that it shall not be lawful to and for any sherif, undersheriff

, bailiff, &c. Is a civil action maintainable in any case in or either of their officers, &c. nor for any of

which the cause of action constitutes an them by reason or colour of their office, to indictable offence ? receive or take of any person whatsoever, Within what time after the date and issuing directly or indirectly, for the serving or exe- of a writ of summons must it be served ? cuting of any extent or execution upon the What is the meaning of an appearance body, lands, goods or chattels of any person

secundum statutum ? whatsoever, more or other consideration or recompence than in this present act is and In what cases must the declaration be filed, shall be limited and appointed, and which

and in what cases delivered ? shall be lawful to be had, received, and taken: A defendant quits, and altogether gives up that is to say, 12d. of and for every 208., when his place of residence, after service of the the sum exceedeth not 1001.; and 6d. of and

copy of a writ of summons, but before for every 20s. being over and above the said

the plaintiff has declared. How do you sum of 1001.'' Then follows a penalty of

proceed in the action? treble damages, and a forfeiture of 401, for

State briefly the difference between a plea While this law is in existence, how can the

in bar, and in abatement. sheriff venture to file a return in which he What evidence is necessary for the plaintiff makes claim to his fees according to the table, on the trial of an undefended action for as also his poundage. The first he contends

goods sold and delivered, or on the exeare given him by the new statute, but this I

cution of a writ of inqury in the like submit cannot be the case, unless the 28 Eliz.

action ? c. 4, is repealed ; and until it is repealed, the sheriff takes these additional fees at his peril; Does an issue in law conclude to the and if the penalties and forfeitures were en-country? And what is meant by conforced against him, the table of fees would be cluding to the country? no defence to a qui tam action.

If the 20th By what course of proceeding is secondary Elizabeth should be repealed, then the pound- evidence made admissible ? age would cease altogether, and the sheriff What is meant by interlocutory proceedbrought down to the standard of the table of

ings! fees, which I contend ought to be the case Altogether the subject requires some altera- Can the plaintiff issue a fieri facias, after a tion. Let the sheriff and his officers be paid, capias ad satisfaciendum has been exeliberally paid, for what they actually do, but cuted ? let not a commission or per centage be ex, How do you proceed to revive a judgment acted, which cannot be identified or applied

more than a year old ? to any specific part of their official duty.

When a defendant, having no personal A COUNTRY ATTORNEY.

interest in goods in his possession, is sued
by two different claimants of such goods,

has he any, and what relief at law ?

Michaelmas Term, 1839.

A. under a power appointed an estate to

B. his heirs and assigns, to the use of C.

his heirs and assigns. What estate did I. PRELIMINARY.

B. and C. take under the appointment? Where did you serve your clerkship? A. conveyed his estate to B. his heirs and State the particular branch or branches of

assigns, to the use of C. his heirs and the law to which you have principally assigns. What estate did B. and C. re

applied yourself during your clerkship. spectively take? Mention some of the principal law books State the form of attestation of the execuyou have read and studied.

tion of a deed, where it is executed by

A. under a power of attorney from B. 11. COMMON AND STATUTE LAW, AND PRAC- What are the clauses usually introduced

in a mortgage deed ? Within what time after service of a writ of What constitutes an estate in tail general, summons, must the memorandum of ser

and what special ? vice be indorsed ? And what is the conse- What is a remainder, and what are the quence of omitting such indorsement?

different kinds ?


Questions at the Michaelmas Term Examination.




What is an executory devise ?

necessary to be done in order to obtain What is a shifting use?

payment thereof? What is an estate in severalty ?

State the distinction between legal and What is the distinction between a joint- equitable assets, and the difference in the

tenancy, and a tenancy by entireties? mode of their administration in payment Where infants are mortgagees, how and in of debts ?

what manner is the estate to be recon

veyed ? What is the difference between taking an estate by descent and by purchase ?

What is the lowest amount of debt which May a term created for raising portions, not must be owing to a creditor, or two or assigned to attend, be at any time pre

more creditors, to found a fiat ? sumed to have become void, or to have Are any and what members of parliament been merged or surrendered ? State in- liable to the bankrupt laws ? stances.

If a member of Parliament is liable to the Can a lessee for 999 years grant a lease bankrupt laws, what proceedings must be for life? Give a reason for your answer.

taken to make such member a bankrupt? If real estate be purchased out of partner. Is any and what priority allowed to judgship funds, is it treated as real or perso

ment creditors ? nal estate in any and what respects ?

What is the course of proceeding in issuing

and prosecuting a fiat up to the adjudicaIV. EQUITY AND PRACTICE OF THE COURTS.

tion inclusive ? Can a suit be maintained by a plaintiff, If a debtor liable to the bankrupt laws has residing out of the jurisdiction of the

not committed an act of bankruptcy, how Court ?

can he be proceeded against in order to Can a defendant set down a cause for hear

make him a bankrupt? ing?

What is a scrivener within the contemplaCan a defendant move to dismiss a bill filed

tion of the bankrupt law? for discovery only?

What is the course of proceeding under a When is a defendant entitled to the car.

fiat, when there is an equitable mortgage riage of a commission to examine wit

by way of collateral security held by a nesses?

creditor ? What is the advantage of the prayer for What is the effect of a proof of debt by a

general relief in a bill in Chancery? creditor who has the bankrupt in execuWhat is the distinction between multifa

tion for the same debt? riousness and misjoinder as applied to In case the bankrupt shall have entered into bills in Chancery? and is there any and

an agreement for the purchase of any what difference in their consequences ? estate or interest in land, what course To a bill filed by a cestui que trust, is the

must the vendor pursue in order to obtain trustee a necessary party?

a performance of such agreement, or the What is the rule in equity as to the neces

possession of the property? sary parties to a suit, and how does it what contracts made at any and what time differ from the rule at law ?

before the fiat, but after the act of bankWhat effect has the overruling of a de

ruptcy, are deemed valid ? murrer on the future defence of the party What is the effect of a certificete with refiling it?

gard to the bankrupt's liabilities? Will equity relieve against acts performed In what case is the future property of a cerunder mistaken notions of law or of fact?

tificated bankrupt applicable for the creWhat is the general rule of equity in grant

ditors under that commission ? ing relief against breaches of covenant ?

Is a bankrupt's certificate a discharge of an Does the Court impose any and what terms

annuity payable by him? upon a plaintiff seeking to set aside an If one only of two partners be declared usurious contract?

bankrupt, in whose name or names must What will amount to fraud in a purchaser

actions be brought to recover debts due in not apprising the vendor of any ad

to the partnership ? vantage of which the latter is ignorant? To what amount of principal money, or of vi. CRIMINAL LAW AND PROCEEDINGS BE

an annual payment, will the Court of Chancery pay to a married woman or her husband without order ? and if the sum What is homicide, and what are its differ. in Court exceed that amount, what is ent kinds ? Give examples of each.


[ocr errors][ocr errors]

58 Questions at the Michaelmas Term Examination.Result of the Examination.
Can one or more magistrates take bail, in number entitled to attend, was, however, no

any, or either, and which of the cases ? less than 130, but of these five were absent Can a person committed to prison by ma- on the day of examination. The candidates

gistrates, or under a coroner's warrant, took their seats, as usual, before ten, and charged with either of these offences, be some of them did not deliver in their papers admitted to bail ; and if so, by whom, till nearly six o'clock. It appears that the and what are the proceedings necessary Examiners were engaged nearly the whole to be taken on the application of the of two days in considering the answers, and party to be so admitted to bail ?

ultimately felt themselves compelled to What offences are usually tried at the postpone fourteen cases, for want of a sufquarter sessions ?

ficient number of satisfactory answers to After an indictment has been preferred, the questions.

when must the prosecutor proceed to Our readers will form their own opinions trial ?

of the propriety of the questions, as we Can an indictment in any, and what, in- have been enabled to state them nearly

ferior Court be removed to the Court of verbatim. They do not on the whole

Queen's Bench; and if so, in what way? appear to be more difficult than those put What jurisdiction does the Court of Queen's during several recent terms.

The larger Bench possess over an order or conviction part of the postponements must, therefore, by justices of the peace, and what is the be ascribed to the want of sufficient premode of proceeding?

paration. No doubt some of the candidates Is there any and what appeal against the laboured under the disadvantage of coming

finding of a coroner's jury, imposing a from offices where but little variety of pracdeodand, and fixing the value thereof; tice prevails ; but we observe that a large

and what is the mode of proceeding? proportion of the questions are on the geneFor what offences is leave given to file a ral principles or doctrines of the law, with

criminal information, and what is the which the student may become acquainted

mode of application to obtain it? by diligent reading. Whilst for the sake of For what proceeding is a criminal infor- the individuals we regret the immediate mation a substitute ?

result of this examination, we are persuaded Have all the Superior Courts at Westmin- that it will be ultimately beneficial, by ex

ter concurrent jurisdiction in granting citing a greater degree of diligence and rules for a criminal information, or is it assiduity, on the part as well of the unsuc

confined to any, and which of them? cessful candidates as of those who have yet What is the mode of proceeding to try the to make their first appearance.

validity of an election to an office of We believe it was very generally expublic trust

pected that the leniency which was at first In case of damage by persons riotously properly shewn, should not be continued

assembled, have magistrates any sum- beyond a reasonable period; and it being mary power to award compensation to now nearly four years since the Rules were the party sustaining such damage, and to promulgated, we are not surprised to find, any or what extent; or is a party left to (especially considering the large number his action at law ?

examined this Term) that the number of Upon an indictment for stealing any record, the deferred cases should be increased.

will, or original legal document, from its After lamenting with the unsuccessful, place of deposit, is it necessary to prove we must next turn to their fortunate com

value or property in such document? panions. Amongst those who have passed, Can a Queen's Counsel be retained to de- we understand that upwards of 40 answered

fend the accused in a criminal case ; and a majority of the questions satisfactorily in
if so, how?

all the five departments, and nearly the
same number in four departments. We are
happy to conclude, therefore, that the sys-

tem is working well, and that instead of RESULT OF THE MICHAELMAS

young men learning their profession after TERM EXAMINATION.

they have entered it, they now proceed to

the performance of their important and We are informed that a considerable num

responsible duties with a large stock of ber of the candidates who had given no

useful knowledge. tice of examination for this term, did not leave their testimonials in due time. The

Selections from Correspondence. --Superior Courts : Lord Chancellor's Court.





upon the maxim “ that what is agreed or diFROM CORRESPONDENCE. rected to be done shall be considered as done,

and done at the time it is stipulated to be done.” The difficulty suggested by your cor

respondent arises from his doubt whether the To the Editor of the Legal Observer. interest about to be mortgaged is a pecuniary Sir,

one or a real one. It is to be observed (preI have in my office a gentleman who intends suming the widow to be still alive) that the soon to apply for admission as an attorney, and time when the testator directs the conversion having on his account watched with some to be made has not yet arrived ; and I do not anxiety the questions proposed by the exami- see how it is possible to deal with the interest ners, I cannot but think that many of them are

as one pecuniary. In Whytall v. Kay, 2 M. & not only beyond what is to be fairly expected K. 765, the testator devised the renis of real from articled clerks, but would give much estate to his wife for life, and directed a sale trouble to experienced practitioners with the after ber decease. Upon the subject of conaid of books for reference. As an instance I version it was argued by counsel that there was mention the question put in one of the late no conversion, the widow being alive, and the examinations, viz. : “ Whether an infant can Master of the Rolls said, there is no conversion execute a Cognovit?” Being unable to give out and out, except where it is apparent that my clerk a satisfactory answer after referring the testator's intention is that real estate shall to' Bacon, Comyn, and Selwyn, consulted | be considered as personalty to all intents at some professional friends, and found them the time of his death ; and further on, “noequally at a loss. Should you, or any of your thing can be considered to amount to a connumerous readers be enabled to give me a

version out and out in a will, unless the intensatisfactory answer or reference, I should feel tion of the testator is expressed in a will duly much obliged. AN OLD SUBSCRIBER.

attested, that the produce of real estate shall be treated at his death as if it had the quality

of personal estate at that time.I conceive 3 & 4 W. 4, c. 74.

that the children are non cestuis que trust Sir,

of the land in remainder, for it should further With regard to the point subunitted by “Stu- be remembered that they inay prevent a condiosus,” p. 472, vol. 18, as to the acknowledg- version by the trustees after the widow's death. ment required under this statute, to be made Pearson v. Lune, 17 Ves. 104. The interest to by a married woman disposing of any estate be mortgaged is not personal either in fact or which she alone, or she and her husband in contemplation of equity, and must therefore her right, may have in any lands of any te. be dealt with according to its nature. nure; I am inclined to favor an opinion that

J. B. W. no acknowledgment is necessary in this case to enable the “ daughter to raise a sum of money on an assignment of her interest under Sir, the will, in which security her husband joins.” A. purchases lands and dies, leaving two

By the statute, sec. 1, the word “estate” is to daughters surviving him, without making any be construed to extend to an estate in equity disposition of the same in his lifetime. One as well as at law; “but the interest of the wife of the daughters dies, leaving one son, and the in the produce of the sale of the estate devised said property to descend on the person or peris not such an interest in the lands, either at sons who inay be entitled under the late Inhelaw or in equity “within the meaning of that ritance Act, 3 & 4 W. 4, c. 106. Will this section.”

moiety of the lands to which A. died entitled, Interest at law must be taken to be a right pass by the 2d section of the above act to the to the enjoyment of the lands devised ; and as son entirely, or will it be divided, on the printo an estate in equity to include money directed ciple of A.'s being the last purchaser, between to be laid out in the purchase of land—in the son and surviving daughter in equal proequity considered as land-of which a fine could portions?

Y. Z. not be levied until “the investment was actuully made.

The absolute estate bere passes to the trustees, and the wife has no interest in the es

SUPERIOR COURTS. tate devised beyond the payment of her proportion of the purchase money

H. B.

Lord Chancellor's Court.


4 W. 4, c. 74. Sir,

An act of bankruptcy was committed the 5th I think a brief examination of the doctrine of March. The fiat bore date the 4th of of equity as regards its conversion of land May next following, but was not delivered into money, will prove that in the case put by

out of the Bankruptcy Office until the 6th your correspondent“ Studiosus,” p. 472, vol. of May: Held, that the fiat was sued out 18, the married woman must acknowledge the

within two calendar months from the act of deed.

bankruptcy. The rule of the Courts of Equity is based This was a petition of appeal by special




« EelmineJätka »