fore the term of his clerkship is completed. In this case any other of the 34 senior proctors may take such clerk for the remainder of the term, although he himself may at the same time have a clerk of less than 5 years' standing. Before a clerk is permitted to be articled, he is required to produce a certificate of his having made reasonable progress in classical learning. When the term of 7 years is completed, the party is admitted a notary, by a faculty from the Archbishop of Canterbury. The proctor so admitted is qualified to commence business upon his own account immediately; but he is not entitled to take an articled clerk, until he shall have been for 5 years within the number of the 34 senior proctors.

Mode of Proceeding. The mode of commencing the suit, and bringing the parties before the court, is by a process called a citation, or summons, containing the name of the judge, the plaintiff and the defendant, the cause of action, and the time and place of appearance. This citation, in ordinary cases, is obtained as a matter of course from the registry of the court, and under its seal; but in special cases the facts are alleged in what is termed an Act of Court, and upon those facts the judge, or his surrogate, decrees the party to be cited; to which, in certain cases, is added an intimation that if the party does not appear, or if appearing does not show cause to the contrary, the prayer of the plaintiff set forth in the decree will be granted.

The party cited may either appear in person or by his proctor, who is appointed by an instrument, under hand and seal, termed a proxy. The proctor thus appointed represents the party, acts for him, and manages the cause, and binds him by his acts.

In testamentary causes the proceeding is sometimes commenced by a caveat, entered by a party interested in the effects of the deceased person, against the grant of any representation either by probate or letters of administration, without notice being first given to him who enters the caveat. The person entering this caveat is then warned by the party claiming the representation, either as executor or admini.. strator, which is in effect a notice to the proctor entering the caveat, that he must appear and take further steps, if he intends to continue his opposition; both parties are then assigned, by order of court, to set forth their respective claims; and the suit thus commences, either to try the validity of an alleged will, or the right to administration, either as under an intestacy or with a will annexed.

There is another process in testamentary matters extremely useful and frequently resorted to, which it may be proper here to state. The executor, or other person claiming to take the grant of probate of a will or other testamentary instrument, may cite the next of kin and other parties interested, under an intestacy or a former will, to appear and see the will propounded and proved by witnesses; and if the parties cited do not appear and oppose the probate, they are barred from afterwards contesting its validity, unless on account of absence out of the kingdom, or the like, sufficient cause for non-appearance be shown.

So again, the next of kin, or other parties entitled either to the grant of administration or under a former will, may cite the executor or other person apparently benefited under a suggested will or testamentary instrument to appear and propound it, or otherwise show

cause why administration should not be granted to the deceased, as having died intestate, or probate decreed of a former will; and the parties cited not appearing, are barred from afterwards setting up the will.

But if probate or administration be taken in common form, without citing persons having an adverse interest, the grant may afterwards be called in, and the executor or administrator cited, and put upon proof of his right, as if no such common form grant had issued.

Again, where no grant is applied for by the persons primarily entitled to it, such as an executor, residuary legatee, or next of kin, process may be taken out by any person claiming an interest in the effects of the deceased, such as a legatee, a party in distribution, or a creditor, calling upon the persons primarily entitled to accept or refuse the grant, or otherwise to show cause why it should not pass to such person claiming an interest. Or if a person die intestate, without leaving any known relations, a creditor may obtain the grant, upon advertising for next of kin in the Gazette and a morning and evening newspaper, serving a process on the Royal Exchange and on the King's proctor, the Crown having a right to take the grant if desired.

In all these and similar cases, the facts must be supported by affidavit; due notice is required to be given, and the grant is moved for before the court at its sitting.

The mode of enforcing process, in case of disobedience, is by pronouncing the party cited to be contumacious; and if the disobedience continues, a significavit issues, upon which an attachment from Chancery is obtained to imprison the party till he obeys. In cases where some act is required to be done by the parties cited, to exhibit an inventory and account, for instance, or to pay alimony, the compulsory process is enforced; but in some cases, where no act is to be done by the party cited, the plaintiff may proceed in pœnam contumaciæ, and the cause then goes on ex parte, as if the defendant had appeared.

The party cited, to save his contumacy, may appear under protest, and may show cause against being cited; such as that the court has no jurisdiction in the subject-matter, or that he is not amenable to that jurisdiction: this preliminary objection is heard upon petition and affidavits; and either the protest is allowed and the defendant dismissed, or the protest is overruled and the defendant is assigned to appear absolutely, and costs are generally given against the unsuccessful party. Either party may appeal from the decision on this preliminary point; or the defendant, in case the judge decide against him on the question of jurisdiction, and on some other questions, may apply to a court of law for a prohibition.

Some other points, such as the claim to administration among persons of admitted equal degree of kindred, objections to an inventory and account, and other similar matters, may be heard upon petition and affidavit, where the facts are not of such a nature as to require investigation in the more formal proceedings of regular pleadings and depositions, with the benefit of cross-examining witnesses.

The form of the pleadings is next to be described. These contain a statement of the facts relied upon and proposed to be proved by each party in the suit, the real grounds of the action and of the defence. Causes, in their quality, are technically classed and described as

plenary and summary, though in modern practice there is substantially but little difference in the mode of proceeding. All causes in the Prerogative Court are summary; so are proceedings in appeals before the Privy Council, whatever be the character of the original causes; but other causes, whether of a criminal or civil nature, are plenary.

The first plea bears different names in the different descriptions of causes. In criminal proceedings, the first plea is termed the articles; in form, it runs in the name of the judge, who articles and objects the facts charged against the defendant. In plenary causes not criminal, the first plea is termed the libel, and runs in the name of the party or his proctor who alleges and propounds the facts founding the demand. In testamentary causes, the first plea is termed an allegation.

Every subsequent plea in all causes, whether responsive or not, and by whatever party given, is termed an allegation.

Each of these pleas contains a statement of the facts upon which the party founds his demand for relief, or his defence, resembling the bill and answer in equity, except that the allegation is broken into separate positions or articles: the facts alleged are classed under separate heads, according to the subject-matter, or the order of time in which they have occurred. Under this form of pleading, the witnesses are produced, and examined only to particular articles of the allegation, containing the facts within their knowledge; a notice or designation of the witnesses being delivered to the adverse party, who is thereby distinctly apprised of the points to which he should address his crossexamination of each witness, as well as the matters which it may be necessary for him to contradict or explain by counterpleading.

Before a plea of any kind, whether articles, libel, or allegation, is admitted, it is open to the adverse party to object to its admission, either in the whole or in part: in the whole, when the facts altogether, if taken to be true, will not entitle the party giving the plea to the demand which he makes, or to support the defence which he sets up; in part, if any of the facts pleaded are irrelevant to the matter in issue, or could not be proved by admissible evidence, or are incapable of proof.

The objections are made and argued before the judge, and decided upon by him: if the plea is admitted, the further opposition may be withdrawn; in the other case, if the plea is rejected, the party offering it either abandons the suit, or appeals, in order to take the judgment of a superior tribunal. When a plea has been admitted, a time or term probatory is assigned to the party who gives the plea to examine his witnesses; and the adverse party is assigned, except in criminal matters, to give in his answers upon oath, to his knowledge or belief of the facts alleged.

The defendant may proceed then, if he think proper, or he may wait until the plaintiff has examined his witnesses, to give an allegation controverting his adversary's plea. This responsive allegation is proceeded upon in the same manner; objections to its admissibility may be taken, answers upon oath be required, and witnesses examined. The plaintiff may, in like manner, reply by a further allegation; and on that, or any subsequent allegation, the same course is pursued.

The attendance of witnesses is compelled by what is termed a "compulsory," being somewhat in the nature of a subpoena; obedience to

which is enforced as in other cases of contumely. When witnesses live at any distance from London, a commission issues to take their evidence in the country. When they live near town, their depositions are taken by the examiners of the court. They are not taken, as in equity, upon interrogatories previously drawn up; but the allegation is given to the examiner, who makes himself master of the fact charged, and examines the witness, and takes down his answers. The cross-examination is upon written interrogatories, which are delivered to the examiner by the party cross-examining when the examination has been concluded, and not before publication, as it is termed, passes, and copies of the several depositions are delivered out to the parties. The evidence being completed, the cause is now set down for hearing. All the papers, pleas, exhibits, interrogatories, and depositions are delivered to the judge, that he may peruse them previously to trial. All causes are heard publicly in open court, and, on the day appointed for hearing the cause, are opened by the counsel on both sides, who state the points of law and fact which they mean to contend for in argument. The evidence is then read, and the whole case argued and discussed by counsel. The judgment of the court is then pronounced upon the law and the facts of the case, in doing which the judge usually assigns the grounds of his decision. The execution of the sentence, in case there be no appeal interposed, is either completed by the court itself, as, by granting probate or administration, or remains to be completed by the act of the party, as exhibiting an inventory and account, &c.; in which cases execution is enforced by the compulsory process of contumacy, significavit, and attachment. The costs are in the discretion of the judge, who usually gives them according to the equity of the case, as in Chancery.

The Court of Admiralty.-The Court of Admiralty is held before the Lord High Admiral or his deputy, who is called judge of the court. When there was a Lord High Admiral, the judge of the Admiralty held his place most commonly by patent from him, and was called his lieutenant, as the vice-admirals of the several districts were called deputies. The judge now holds his place by direct commission from the Crown, under the great seal: to him appeals lie from the Vice-Admiralty Courts in the West Indies and other plantations and settlements; and that on revenue causes as well as others, which had been doubted, and the Privy Council alleged to be the only proper court of appeal. The Court of Admiralty is twofold: the Instance Court, which takes cognisance of contracts made and injuries committed on the high seas; and the Prize Court, which has jurisdiction over prizes taken in time of war. The commissions, to hold these courts are perfectly distinct, though usually given to the same person. The Instance Court is governed by the civil law, the laws of Oleron, and the customs of the Admiralty modified by statute law.

The Prize Court is to hear and determine according to the course of the Admiralty and the law of nations.

From the Instance Court an appeal lies to the King, by whom it is referred to the judicial committee of the Privy Council. An appeal from the Prize Court also lies to the Privy Council.

The jurisdiction of the Admiralty as a criminal court, which it once possessed, seems now withdrawn, and given to the ordinary courts of

common law; and any offence committed on the high seas may, for the purpose of being tried in them, be alleged to have been committed in any county of England.

Besides these courts which have a general jurisdiction throughout the kingdom, the Cinque Ports and some other places have courts of a limited jurisdiction of their own. The Vice-Admiralty Courts exist only in the colonies.

The method of proceeding in these courts so nearly resembles the method of proceeding in ecclesiastical courts, as scarcely to make it worth while to describe it. Like them they are held at Doctors' Commons, and the practice in them is confined to the doctors and proctors.

CHAPTER V.- MUNICIPAL CORPORATIONS.

A CORPORATION generally is a collection of individuals united in one body and endowed by special act, either of the Crown or of the legislature, having the means of continued identity as such, with the capability of holding property, and contracting liabilities, belonging or attaching to them in common, as members of such body, and to each member in proportion to his share or interest in the common stock; having, further, the right of suing and being sued in their common name, of binding themselves by their common seal, and being considered in law for all the common purposes of its institution as a single person. The word corporation, with the addition of sole, is also applied to single persons holding for life an office in itself perpetual, to which are permanently attached property and rights to be enjoyed and exercised by the successive holders of such office as, for instance, a parson is a corporation sole; another division of corporations is into lay, ecclesiastical, and municipal, according to the purposes of their institution.

The latter, of which we now treat, is a corporation aggregate, established for the purposes of municipal government, within certain limits, usually those of a pre-existing borough; and is, in fact, the successor appointed by charter, to exercise or enjoy the municipal franchises anciently vested by charter or prescription, in the burgesses or borough .officers; so that a short view of the history and constitution of boroughs is a proper, and, in some respects, necessary introduction to the subject of municipal corporations.

The word borough is most commonly derived from the Saxon borg, signifying an enclosed place; as it appears from the most ancient records that most, if not all, boroughs were originally enclosed by a wall, and the primary object which led to the formation of boroughs was probably protection to the trading part of the people, by means of such enclosures. Others, however, derive the term from a Saxon word similar in sound to the former, signifying pledge, and properly applied to the associations for mutual responsibility required by the Saxon law; in which sense it is used in the words head-borough and free-borough; and may not improbably have been transferred to the larger association, of which we now treat. Apart from its derivation, the term has been and still is employed to signify a town of sufficient importance to have obtained, either by charter or by prescription,

VOL. II.