Changes in the Law.-Sheriffs' Fees : Poundage. the master of every vessel outward-bound who shall refuse to take a post letter bag deliverd or tendered to him by an officer of the Post Office for conveyance; but every such master shall be entitled to the same gratuities as the master of any other vessel, not being a post office packet, conveying letters for or on behalf 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 of the Treasury to make any reduction or alteration they may consider expedient in the gratuities allowed by law to masters of vessels for letters conveyed by them, for or on behalf of the Post Office, between places within the United Kingdom and between the United Kingdom and the islands of Man, Jersey, Guernsey, Sark, and Alderney, and to allow any gratuities for the conveyance of letters to masters of vessels passing to or from or between any of her Majesty's colonies or possessions beyond the seas, if they shall think fit, not exceeding the gratuities payable to Masters of vessels for the conveyance of ship letters from the United Kingdom to places beyond the seas. 12. The word "Letter" to be deemed all papers transmitted by post. And be it enacted, that whenever the word "letter" or "letters " is used in this act, the same shall be held to include newspapers, and any other packet, paper, article, or thing transmitted by the post, but not so as to deprive newspapers of any privilege they now legally possess of passing free of postage; and that the provisions of this act shall be construed according to the respective interpretations of the terms and expressions contained in the said act of the first year of the reign of her present Majesty, intituled "An Act for consolidating the laws relative to Offences against the Post Office of the United Kingdom, and for regulating the judicial Administration of the Post Office Laws, and for explaining certain terms and expressions employed in those Laws," so far as those interpretations are not repugnant to the subject, or inconsistent with the context of such provisions. 13. Quorum of Lords of the Treasury.-And be it enacted, that wherever the order, consent, or direction, or any other act of the Lords of the Treasury is prescribed or required by this act, such order, consent, direction, or other act may be signified under the hands of the Lords of the Treasury or any three of them. 55 reason of any such offence, and any proceeding for recovery of any such fine or penalty, or for the punishment of any offender. 15. Act may be amended this session.-And be it enacted, that this act may be amended or repealed by any act to be passed during the present session of parliament. SHERIFFS' FEES.-POUNDAGE. 1 VICT. c. 55. IT surely never could have been the intention of the officers of the Courts of Law, under the statute 1 Vic. c. 55, to have allowed to bailiff's for executing warrants under writs of execution, such fees as are enumerated in "the table," in addition to the poundage which the sheriff has hitherto taken, and continues to take. They must have considered that the above mentioned statute repealed the 28th Eliz. c. 4; otherwise what does the sheriff do to entitle him to receive such an enormous profit as 5 per cent. on the first 1007., and 24 per cent. on the residue ? Now look at the extravagant working of this law as it now stands, unjust and oppressive alike to defendant as to the plaintiff? The writ we suppose is endorsed to levy 2507. The bailiff's fee is Possession money for ten days. If against the body the fees are,- For conveying the defendant to £. 8. 1 1 1 14 0 10 8 15 £12 0 And this (it will be borne in mind) must be paid upon every arrest for a sum amounting to 250., either by the defendant or the plaintiff; by the latter, even if he should lose his whole debt and costs. The undersheriffs say, that, notwithstanding the table of fees has been expressly framed to meet every part of the official duty performed by sheriffs, undersheriffs, deputy sheriffs, sheriff's agents, bailiffs, and others," they consider themselves still entitled to de14. 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 respect of any postage duties which may then have become payable under or by virtue of this act, and of any proceeding for recovery of such duties, and except also as to any offence comnitted against the provisions of this or any other act, and any fine or penalty incurred by they are at this moment in receipt of a double set of fees. I say a double set of fees, because it has been expressly held, that the poundage payable to the sheriff was to meet every expence incidental to the levying of a writ of execution. But another question arises out of this view of the case, and one which I think 56 Questions at the Michaelmas Term Examination. requires the serious consideration of the under- | If the defendant keep out of the way to avoid sheriffs. The statute 28 Eliz. c. 4, is certainly in no part of it repealed. It is still in full force and effect. It enacts that it shall not be lawful personal service of a writ of summons, are there any, and what, means by which to compel an appearance? a civil action maintainable in any case in which the cause of action constitutes an indictable offence? Within what time after the date and issuing of a writ of summons must it be served? What is the meaning of an appearance In to and for any sheriff, undersheriff, bailiff, &c. Is While this law is in existence, how can the QUESTIONS AT THE EXAMINATION. I. PRELIMINARY. Where did you serve your clerkship? the law to which you have principally applied yourself during your clerkship. Mention some of the principal law books you have read and studied. II. COMMON AND STATUTE LAW, AND PRAC TICE OF THE COURTS. Within what time after service of a writ of summons, must the memorandum of service be indorsed? And what is the consequence of omitting such indorsement? A secundum statutum ? what cases must the declaration be filed, and in what cases delivered? defendant quits, and altogether gives up his place of residence, after service of the copy of a writ of summons, but before the plaintiff has declared. How do you proceed in the action? State briefly the difference between a plea in bar, and in abatement. What evidence is necessary for the plaintiff on the trial of an undefended action for goods sold and delivered, or on the execution of a writ of inqury in the like action ? Does an issue in law conclude to the country? And what is meant by con cluding to the country? By what course of proceeding is secondary evidence made admissible? What is meant by interlocutory proceedings? Can the plaintiff issue a fieri facias, after a capias ad satisfaciendum has been executed? How do you proceed to revive a judgment more than a year old? When a defendant, having no personal interest in goods in his possession, is sued by two different claimants of such goods, has he any, and what relief at law? III. CONVEYANCING. 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 B. and C. take under the appointment? A. conveyed his estate to B. his heirs and assigns, to the use of C. his heirs and assigns. What estate did B. and C. respectively take? State the form of attestation of the execu tion of a deed, where it is executed by What are the clauses usually introduced A. under a power of attorney from B. in a mortgage deed? What constitutes an estate in tail general, and what special? What is a remainder, and what are the different kinds? Questions at the Michaelmas Term Examination. 57 What is an executory devise? What is a shifting use? What is an estate in severalty? What is the distinction between a jointtenancy, and a tenancy by entireties? Where infants are mortgagees, how and in what manner is the estate to be reconveyed? What is the difference between taking an estate by descent and by purchase? May a term created for raising portions, not assigned to attend, be at any time presumed to have become void, or to have been merged or surrendered? State instances. Can a lessee for 999 years grant a lease for life? Give a reason for your answer. If real estate be purchased out of partnership funds, is it treated as real or personal estate in any and what respects ? IV. EQUITY AND PRACTICE OF THE COURTS. Can a suit be maintained by a plaintiff, residing out of the jurisdiction of the Court? Can a defendant set down a cause for hearing? Can a defendant move to dismiss a bill filed for discovery only? When is a defendant entitled to the carriage of a commission to examine witnesses? What is the advantage of the prayer for general relief in a bill in Chancery? What is the distinction between multifariousness and misjoinder as applied to bills in Chancery? and is there any and what difference in their consequences? To a bill filed by a cestui que trust, is the trustee a necessary party? What is the rule in equity as to the necessary parties to a suit, and how does it differ from the rule at law? What effect has the overruling of a demurrer on the future defence of the party filing it? Will equity relieve against acts performed under mistaken notions of law or of fact? What is the general rule of equity in granting relief against breaches of covenant? Does the Court impose any and what terms upon a plaintiff seeking to set aside an usurious contract? What will amount to fraud in a purchaser in not apprising the vendor of any advantage of which the latter is ignorant? To what amount of principal money, or of an annual payment, will the Court of Chancery pay to a married woman or her husband without order? and if the sum in Court exceed that amount, what is What is the course of proceeding in issuing and prosecuting a fiat up to the adjudication inclusive? If a debtor liable to the bankrupt laws has not committed an act of bankruptcy, how can he be proceeded against in order to make him a bankrupt? What is a scrivener within the contemplation of the bankrupt law? What is the course of proceeding under a fiat, when there is an equitable mortgage by way of collateral security held by a creditor? What is the effect of a proof of debt by a creditor who has the bankrupt in execution for the same debt? In case the bankrupt shall have entered into an agreement for the purchase of any estate or interest in land, what course must the vendor pursue in order to obtain a performance of such agreement, or the possession of the property? What contracts made at any and what time before the fiat, but after the act of bankruptcy, are deemed valid? What is the effect of a certificete with re gard to the bankrupt's liabilities ? In what case is the future property of a certificated bankrupt applicable for the creditors under that commission? Is a bankrupt's certificate a discharge of an annuity payable by him? If one only of two partners be declared bankrupt, in whose name or names must actions be brought to recover debts due to the partnership? VI. CRIMINAL LAW AND PROCEEDINGS BEFORE JUSTICES OF THE PEACE. What is homicide, and what are its different kinds? Give examples of each. 58 Questions at the Michaelmas Term Examination.-Result of the Examination. Can one or more magistrates take bail, in any, or either, and which of the cases ? Can a person committed to prison by magistrates, or under a coroner's warrant, charged with either of these offences, be admitted to bail; and if so, by whom, and what are the proceedings necessary to be taken on the application of the party to be so admitted to bail? number entitled to attend, was, however, no less than 130, but of these five were absent on the day of examination. The candidates took their seats, as usual, before ten, and some of them did not deliver in their papers till nearly six o'clock. It appears that the Examiners were engaged nearly the whole of two days in considering the answers, and ultimately felt themselves compelled to What offences are usually tried at the postpone fourteen cases, for want of a sufquarter sessions? After an indictment has been preferred, when must the prosecutor proceed to trial? Can an indictment in any, and what, inferior Court be removed to the Court of Queen's Bench; and if so, in what way? What jurisdiction does the Court of Queen's Bench possess over an order or conviction by justices of the peace, and what is the mode of proceeding? ficient number of satisfactory answers to the questions. Our readers will form their own opinions of the propriety of the questions, as we have been enabled to state them nearly verbatim. They do not on the whole appear to be more difficult than those put during several recent terms. The larger part of the postponements must, therefore, be ascribed to the want of sufficient preparation. No doubt some of the candidates laboured under the disadvantage of coming from offices where but little variety of practice prevails; but we observe that a large proportion of the questions are on the genearal principles or doctrines of the law, with which the student may become acquainted by diligent reading. Whilst for the sake of the individuals we regret the immediate result of this examination, we are persuaded that it will be ultimately beneficial, by exciting a greater degree of diligence and assiduity, on the part as well of the unsuccessful candidates as of those who have yet to make their first appearance. Is there any and what appeal against the Have all the Superior Courts at Westmin- In case of damage by persons riotously Upon an indictment for stealing any record, RESULT OF THE MICHAELMAS We are informed that a considerable number of the candidates who had given notice of examination for this term, did not leave their testimonials in due time. The We believe it was very generally expected that the leniency which was at first properly shewn, should not be continued beyond a reasonable period; and it being now nearly four years since the Rules were promulgated, we are not surprised to find, (especially considering the large number examined this Term) that the number of the deferred cases should be increased. After lamenting with the unsuccessful, we must next turn to their fortunate companions. Amongst those who have passed, we understand that upwards of 40 answered a majority of the questions satisfactorily in all the five departments, and nearly the same number in four departments. We are happy to conclude, therefore, that the system is working well, and that instead of young men learning their profession after they have entered it, they now proceed to the performance of their important and responsible duties with a large stock of useful knowledge. Selections from Correspondence.-Superior Courts: Lord Chancellor's Court. 59 SELECTIONS FROM CORRESPONDENCE. MODE OF EXAMINATION. To the Editor of the Legal Observer. Sir, I HAVE in my office a gentleman who intends soon to apply for admission as an attorney, and having on his account watched with some anxiety the questions proposed by the examiners, I cannot but think that many of them are not only beyond what is to be fairly expected from articled clerks, but would give much trouble to experienced practitioners with the aid of books for reference. As an instance I mention the question put in one of the late examinations, viz.: "Whether an infant can execute a Cognovit?" Being unable to give my clerk a satisfactory answer after referring to Bacon, Comyn, and Selwyn, I consulted some professional friends, and found them equally at a loss. Should you, or any of your numerous readers be enabled to give me a satisfactory answer or reference, I should feel much obliged. AN OLD SUBSCRIBER. INTEREST OF MARRIED WOMEN. 3 & 4 W. 4, c. 74. upon the maxim "that what is agreed or directed to be done shall be considered as done, and done at the time it is stipulated to be done." The difficulty suggested by your correspondent arises from his doubt whether the interest about to be mortgaged is a pecuniary suming the widow to be still alive) that the one or a real one. It is to be observed (pretime when the testator directs the conversion to be made has not yet arrived; and I do not see how it is possible to deal with the interest K. 765, the testator devised the rents of real as one pecuniary. In Whytall v. Kay, 2 M. & estate to his wife for life, and directed a sale after her decease. Upon the subject of conversion it was argued by counsel that there was no conversion, the widow being alive, and the Master of the Rolls said, there is no conversion out and out, except where it is apparent that the testator's intention is that real estate shall be considered as personalty to all intents at the time of his death; and further on, “nothing can be considered to amount to a conversion out and out in a will, unless the intention of the testator is expressed in a will duly 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 that the children are non cestuis que trust of the land in remainder, for it should further Pearson v. Lune, 17 Ves. 104. The interest to be mortgaged is not personal either in fact or contemplation of equity, and must therefore be dealt with according to its nature. INHERITANCE ACT. J. B. W. Sir, With regard to the point submitted by "Stu-be remembered that they may 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 by a married woman disposing of any estate which she alone, or she and her husband in her right, may have in any lands of any tenure; I am inclined to favor an opinion that no acknowledgment is necessary in this case to enable the "daughter to raise a sum of money on an assignment of her interest under the will, in which security her husband joins." By the statute, sec. 1, the word "estate" is to be construed to extend to an estate in equity as well as at law; "but the interest of the wife in the produce of the sale of the estate devised is not such an interest in the lands, either at law or in equity "within the meaning of that section." Interest at law must be taken to be a right to the enjoyment of the lands devised; and as to an estate in equity to include money directed to be laid out in the purchase of land-in equity considered as land—of which a fine could not be levied until "the investment was actually made." The absolute estate here passes to the trustees, and the wife has no interest in the estate devised beyond the payment of her proportion of the purchase money H. B. PASSING INTEREST OF MARRIED WOMEN, 3 & 4 W. 4, c. 74. Sir, I think a brief examination of the doctrine of equity as regards its conversion of land into money, will prove that in the case put by your correspondent" Studiosus," p. 472, vol. 18, the married woman must acknowledge the deed. The rule of the Courts of Equity is based Sir, A. purchases lands and dies, leaving two daughters surviving him, without making any disposition of the same in his lifetime. One of the daughters dies, leaving one son, and the said property to descend on the person or persons who may be entitled under the late Inheritance Act, 3 & 4 W. 4, c. 106. Will this moiety of the lands to which A. died entitled, pass by the 2d section of the above act to the son entirely, or will it be divided, on the principle of A.'s being the last purchaser, between the son and surviving daughter in equal proportions? Y. Z. SUPERIOR COURTS. Lord Chancellor's Court. CONSTRUCTION OF. An act of bankruptcy was committed the 5th of March. The fiat bore date the 4th of May next following, but was not delivered out of the Bankruptcy Office until the 6th of May: Held, that the fiat was sued out within two calendar months from the act of bankruptcy. This was a petition of appeal by special |