Third Report of the Chancery Commissioners. "That the clerk attached to each registrar | however, with propriety be required in the case should prepare such of the orders, whether of existing clerks, whose right of succession is decretal or otherwise, as the registrar to whom regulated by Act of Parliament." he is attached may direct, and that the drafts of all the orders prepared by the clerk should be submitted to, or be expressly sanctioned by, the registrar before the draft is delivered out. We also think that it should be an instruction to the registrars to deliver out the draft in the first instance in as perfect a state as possible, and with this view we recommend that a general order should be issued, specifying in general terms what papers are to be left, preparatory to drawing up the order, so that the solicitor may know authoritatively what is required. the present practice of allowing parties to The Commissioners are of opinion that make their own appointments to settle. minutes should be altered. "That when the draft order is delivered out, the party having the carriage of the order should fix with the registrar's assistant clerk a time for settling the draft with the registrar; that notice of this appointment should be forthwith given to the opposite solicitors, and that the appointment should be considered as peremptory, the registrar having power to adjourn the appointment to a fixed time, as is now the practice in the Judge's "We also think that a short limited time should be fixed by a general order within which the order should be bespoken and the papers left; and that in case of non-compliance chambers. When the draft order is settled, a.. with the general order by the party having the conduct of it, the registrar should be authorised to decline drawing up the order without the express sanction of the Court. "We are further of opinion that in all cases the draft order should be made complete before the order is given out to be transcribed, and that care should be taken to avoid as much as possible any alteration in the transcript. We think that the passing of the order should be almost a formal act. time should, in like manner be fixed for passing the order, and for attending the registrar thereon, in cases where, in the judgment of the registrar, it would be necessary or advisable that the parties should attend him for that purpose. If parties neglected to attend, the re-gistrar should have the power of settling and> passing the order in their absence, and proceeding in all respects as if the order had been made in their absence, though they may in fact have appeared in Court by counsel on the ar"We do not consider that the responsibility gument of the case. The registrar should also of the order corresponding with the draft should be authorised, if he should see fit, to dispense rest with the solicitors. When the draft is with the production of the counsel's briefs settled, and left with the registrar for transcript when the parties neglect to produce them, and we think that the office should be responsible to act upon such evidence as he may think fit for its accuracy. Indeed, we think that if of the actual appearance by counsel for the greater care were bestowed on a settlement of party in cases where it may be unadvisable to the draft there would be few cases in which proceed as if the party neglecting to attend it would be necessary to attend the registrar were absent." again on passing the order." They further recommend that the solicitors' fees on settling the minutes and on passing the order should be consolidated The Commissioners are further of opinion that each of the registrars should have an assistant clerk, appointed by him and re-into one fee. movable at his pleasure. "That the duty of such assistant clerk should be to receive, take care of, and deliver out papers, fix appointments, answer ordinary applications, set down causes, and transact such other business as he might be directed to do. The clerks in the rotation would thus be relieved from much troublesome occupation, which interferes with the discharge of their proper duties, and would be thereby enabled to devote their undivided time and attention to drawing up the orders of the Court. "We also think that the registrar, when he has passed an order, should hand it over to be entered to the entering clerk, so that it may be delivered out by such entering clerk to the party having the carriage of the order." Objections have been raised to the constitution of the registrars' office, and to the mode of succession by seniority established by the Acts of Parliament regulating the establishment. "We also think that the clerk in the rotation 'In particular, doubts have been expressed attached to each registrar should be specially whether it is expedient to have a distinct body under his control. It has been suggested that of trained registrars, and whether it would not it would be expedient to make the clerk's right be an improvement, on the occurrence of vaof succession contingent on a certificate of good cancies to select the registrars from among conduct to be given by the registrar to whom members of the Legal Profession, either Barhe may be attached; and we are disposed to risters or Solicitors, leaving them to appoint think that an adoption of this rule would be at- their own clerks. We think that it is advistended with advantage, subject to a power to able to keep up the registrars' office as a the Lord Chancellor to dispense with the cer- separate establishment, the clerks rising by tificate for any special reason applicable to the seniority and ultimately becoming registrars, particular case. Such a certificate could not, but we do not enter further upon the conside 8 Third Report of the Chancery Commissioners.—Common Law Procedure Act. ration of this general question, remarking only | being relieved from the responsibility imposed upon this point that a complete change in the system could not be effected for many years to come, on account of the vested rights of the existing clerks." The Commissioners think, however, that it would be expedient to make some alterations in the constitution of the office applicable only to future appointments. on them of seeing that funds disposed of under orders of the Court are properly discharged from legacy and succession duties; and they suggest that the Court should be satisfied of the discharge before the order is made. We are, however, of opinion that the practice cannot safely or properly be altered in this respect. The duties are seldom paid or provided for until after the party liable has been declared entitled to the fund, and has obtained an order for payment. In many cases it is not known until after the decision of the Court what legacy or succession duty is payable, or "Considering the time which must elapse before a clerk entering the office becomes a registrar, we think it desirable that a person should not be eligible after a certain age. The average period of service as a clerk being by whom it is to be paid. If, therefore, the 20 years, we think it would be right to fix Judge were in every case to be satisfied of this the age of entry at not later than 25 or 26 fact, a further hearing for this purpose would years. It has been suggested that each clerk in many cases take place, thus causing increasshould serve a year of probation, and that he ed expense and delay. We consider that the should not be fully appointed without a certifi- registrar is the proper officer to discharge such cate of approval by the senior registrar of his duties when imposed by the Legislature on the conduct during the year. We approve of this suggestion. Court." 1854. COURT OF RECORD. "We are further of opinion that the junior COMMON LAW PROCEDURE ACT, clerks in the rotation not attached in particular to any registrar should, subject to the supervision of the senior registrar, be specially EXTENSION OF ACT TO SALFORD BOROUGH under the superintendence of the two principal clerks to the registrars who have not declined the office of registrar, and that opportunities should be afforded to these two principal clerks of attending the Court to qualify themselves for the office of registrar to which they are next in succession." The Commissioners think, also, that the improvements in the constitution and practice of the registrar's office which they have recommended, would be incomplete so long as the present want of proper accommodation exists. "We consider that each registrar should have a separate room, that the principal clerk attached to each registrar should also have a separate room contiguous to the room occupied by the registrar, and that proper and convenient accommodation should be provided for the other clerks and for the public. "We see no reason to recommend any change in the hours of attendance at the registrars' office. "We are of opinion, that the orders of the Court may in many cases be usefully shortened, and that in many cases, the ordinary directions contained in decrees might be provided for by general orders. The general orders made by Lord Cranworth on the 7th November, 1853, apply this principle to orders in lunacy, and have not produced any inconvenience that we are aware of. 66 We consider that much trouble and inconvenience might be avoided, if persons presenting petitions to the Court were required to state at the foot of the petition the persons, if any, upon whom the petition was intended to be served. "We find that the registrars are desirous of It is ordered by her Majesty in Council, that within one month after such order shall have been published in the London Gazette, cedure Act, 1854," and the rules made and to all the provisions of the "Common Law Probe made in pursuance thereof, with all requisite modifications and alterations with reference to the constitution and peculiar circumstances of the said Court (and except such provisions as are contained in the sections of the said Act numbered respectively 2, 17, 75, 76, 77, 95, 97, 98, and the whole of the 99th section, except so much thereof as explains the meaning of the word "action;" and also except sections 100, 101, 102, 104, 105, and 107, in the copy of the said Act printed by her Majesty's printers) shall extend and apply to the Court of Record for the hundred of Salford, in the county of Lancaster. And it was further directed that all the authorities, powers, or duties exercisable by the Court or a Judge, or any number of Judges, under any of the sections of the said "Common Law Procedure Act, 1854," hereby extended and applied to the said Court of Record for the hundred of Salford, shall, as regards matters and proceedings in the said Court of Record, be exercisable and exercised by such Court or the Judge thereof, or his deputy duly appointed; that all the authorities, powers, or duties, exercisable by a Master, or any number of Masters, under any of the sections of the said Act as aforesaid, shall, as regards matters and proceedings in the said Court of Record, be exercisable and exercised by the Registrar of the said Court, or his deputy duly appointed; and that all the authorities, powers, or duties exercisable by a sheriff under any of the sections of the said Act as Summary Procedure on Bills of Exchange Act, 1855.-Questions at the Examination. aforesaid, shall, as regards matters and proceedings in the said Court of Record, be exercisable and exercised by the Head Bailiff of the said Court.-From the London Gazette of 8th April. SUMMARY PROCEDURE ON BILLS OF EXCHANGE ACT, 1855. EXTENSION OF ACT TO SALFORD BOROUGH COURT OF RECORD. IT is ordered by her Majesty in Council, that within one month after such order shall have been made and published in the London Gazette, all the provisions of the "Summary Procedure on Bills of Exchange Act, 1855,' and the rules made and to be made in pursuance thereof, shall, with all requisite modifications and alterations with reference to the constitution and peculiar circumstances of the said Court (and except such provisions as are contained in the sections numbered respectively 8, 9, and 10 in the copies of the said Act printed by her Majesty's printers, and except so much of section 1 as provides for the mode of fixing the amount of costs to be endorsed on the writ of summons under that section), extend and apply to the said Court of Record for the hundred of Salford, in the county of Lancaster. And it was further directed, that all the authorities, powers, or duties, exercisable by the Court or a Judge, or any number of Judges, under any of the sections of the said Summary Procedure on Bills of Exchange Act, 1855," hereby extended and applied to the said Court of Record for the hundred of Salford, shall, as regards matters and proceedings in the said Court of Record, be exercisable and exercised by such Court or the Judge thereof, or his deputy duly appointed; that all the authorities, powers, or duties exercisable by a Master or any number of Masters under any of the sections of the said Act as aforesaid, shall, as regards matters and proceedings in the said Court of Record, be exercisable and exercised by the Registrar of the said Court, or his deputy duly appointed; and that all the authorities, powers, or duties exercisable by a sheriff under any of the sections of the said Act as aforesaid, shall, as regards matters and proceedings in the said Court of Record, be exercisable and exercised by the Head Bailiff of the said Court.-From the London Gazette of Sth April. QUESTIONS AT THE EXAMINATION. Easter Term, 1856. I. PRELIMINARY. 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 applied yourself during your clerkship. 3. Mention some of the principal law books which you have read and studied. 9 4. Have you attended any, and what, law lectures? II. COMMON LAW AND PRACTICE OF THE COURTS. 5, What is the mode of proceeding in the case of a defendant residing within the jurisdiction of the Superior Courts, who wilfully evades personal service of the writ of sum mons? 6. Is the service of the writ of summons confined to any particular county ? 7. For how many months is the writ of summons in force? s. Define a plea by way of traverse, and a plea by way of confession and avoidance. 9. What is put in issue by the plea of 66 never was indebted " to a common count? 10. Can a defendant demur to a declaration which though informal is good in substance? Give your reasons for your answer. 11. From what time does the Statute of Limitations in an action for the breach of a simple contract begin to run? 12. What is required by the Statute of Frauds to make a contract for the sale of goods, for the price of 101., binding? 13. In what case is an infant responsible for the breach of his contract? 14. What do you understand by the legal maxim-Actio personalis moritur cum personá? and by what recent enactment has this maxim been qualified? 15. A. obtains judgment against B., to whom C. is indebted, how can A. obtain the benefit of this debt? 16. State some of the grounds upon which a new trial is usually granted? 17. What are the steps to be taken by the holder of a bill of exchange to entitle him to sue the indorser upon the bill? 18. What are the chief distinctions between cases of libel and slander? 19. What is the foundation of the action at the suit of a parent for the seduction of his daughter? III. CONVEYANCING. 20. Define a base fee. B. is tenant in tail in remainder. How is B. 21. A. is tenant for life of freehold land, and to acquire an estate in fee simple in remainder ? 22. Define an incorporeal hereditament, and give some instances. 23. Define an estate in tail general, and an estate in tail male special. 24. Freehold land is limited to such uses as A. may appoint. A. appoints to B. and his heirs, to the use of C. and his heirs, in trust for D. and his heirs. What estates do B., C., and D. respectively take? 25. Define an estate in tail male general, and an estate in tail special. 26. Define a chattel real. 27. A mortgagee in fee dies intestate, and the mortgagor afterwards pays off the mortgage, who are necessary parties to the reconveyance? 28. A. is possessed of a lease for years, and 10 Questions at the Examination. B. dies, having appointed B. his executor. proves the will and dies intestate. By whom may the lease be assigned? 29. A. purchases copyhold land from B. What acts are necessary for perfecting the title of A.? of the Judge has to perform before such a decree can be obtained. 48. Also the services of the Taxing Master, and when and how, his services are brought into action. 49. State the changes recently introduced 30. A. makes a voluntary settlement on his in the mode of taking evidence? How were wife and children of land held in fee, and after-witnesses examined before the late Chancery wards conveys to B., who has notice of the Amendment Procedure Act, and how are they settlement, for a valuable consideration. Is now examined. B.'s title good? 31. What is tenancy by the curtesy of England? 32. What are the requisites to the due execution of a will? 33. A. holds lands on lease for his life, B. holds land on lease for 99 years, if he so long live. What is the difference of the interests of A. and B. in their respective lands? 34. 4. grants a mortgage of land to B. in fee, and afterwards desires to grant a valid lease of the land to C. for a term of years. Is B. a necessary party to the lease, and if so, why? IV. EQUITY AND PRACTICE OF THE COURTS. 35. Give some account of the origin of the equitable jurisdiction of the Court of Chancery, and from whom it was borrowed. 36. Why was the writ of subpoena to answer in Chancery at variance with the first principles of the Common Law? In whose reign was it invented, and by whom, and when, was the writ finally abolished? 37. Does Equity really mean what its name implies, or in what respect does it differ? 38. Mention some of the cases in which it interposes a relief when at Common Law no remedy is found. 39. Mention some of the cases in which an agreement is not binding in Equity. 40. How are femes covert favoured by Equity Courts? Can a married woman sue there, and how? 41. What becomes of her choses in action when she survives her husband? 42. In what cases will Equity enforce her contracts? 43. Will Equity enforce the contracts of an infant for and against him, and, if so, how is that to be done? 44. What protection do lunatics receive from the same Courts, and how is such lunacy to be established? 45. What is the rule of Equity Courts in the construction of deeds and wills; when there are two clauses absolutely inconsistent with each other, which clause prevails, the first or the last, and is the rule the same in both deeds and wills, and, if different, in what particular? 46. Set forth the several stages of an administration suit down to a final decree, distributing the funds brought into Court to the various classes of persons usually entitled when the assets are more than sufficient to pay debts and legacies. 47. Explain the duties that the Chief Clerk V. BANKRUPTCY AND PRACTICE OF THE COURTS. 50. What are the chief points of difference between the Bankrupt and Insolvent Debtors* Laws? 51. What are the Courts which exercise jurisdiction in matters of bankruptcy? 52. What is the general definition of a trader within the meaning of the Bankrupt Law? and is there any, and if so what, rule as to the nature and extent of trading requisite to render a man liable to the Bankrupt Law? 53. Is it essential the trading should be carried on in England? 54. What acts constitute acts of bankruptcy per se? What are the acts with which there inust be coupled an intention on the part of a trader to defeat or delay creditors? 55. What are the means by which a trader may, unless he pays his creditors, be compelled to commit an act of bankruptcy? 56. What must be the nature of the petitioning creditor's debt? and in what chief points does it differ from a debt proveable under an adjudication? 57. Does a judgment creditor of a bankrupt have a preference or priority over the other creditors? 58. Suppose a debt sufficient to constitute a petitioning creditor is due to a single woman, but not payable till after her marriage, upon whose petition and deposition would you proceed to make a trader a bankrupt? 59. Is there any property of a bankrupt which does not pass to his assignees by virtue of their appointment? 60. Can an annuity creditor prove for his annuity? and if so, how? 61. Has a landlord any right of distress against the goods of a bankrupt? State the law on the subject. 62. State the modes by which a trader may have his affairs arranged under the power of the Bankrupt Law Consolidation Act, 1849, without his being adjudicated a bankrupt. 63. How are debts payable on contingencies, which have not happened before filing the pe tition, proved under the bankruptcy? 64. If goods consigned to a trader for sale are found on his bankruptcy mixed with his own stock, do they, or not, pass to his assignees, as goods within his order and disposition? VI. CRIMINAL LAW AND PROCEEDINGS BEFORE MAGISTRATES. 65. Which of the Superior Courts at West Questions at the Examination.-Law of Costs.-Points in Equity Practice. 11 minster has criminal jurisdiction? and state | SECURITY ON PLAINTIFF GOING ABROAD generally the nature of that jurisdiction. 66. By what proceeding can an indictment found in an inferior Court be removed for trial into the Superior Court? PENDING SUIT. After the defendant had appeared and answered to a bill, in which the plaintiff describ 67. State what constitutes the crime of bur-ed himself as of Ellington Terrace, Liverpool glary, and what it is necessary to prove in order to convict one accused of that offence. 68. Is the crime of forgery in any case now punishable with death? Road, in the county of Middlesex, master mariner, the plaintiff amended describing himself as of the ship Wacousta, now on a voyage 69. Under what Act can bankers and others, to Sydney and back to London, master be punished for misapplying property intrusted mariner. to them? State shortly the provisions of the Act. 70. Is the compounding of a felony a criminal offence; what is its nature, and how is it punishable? 71. Can an indictment for conspiracy be supported against a husband and wife only? 72. What, if any, protection is afforded to a married woman who has joined with her husband in committing a felony? 73. Until what age is an infant considered, in law, incapable of committing a felony? 74. Is the evidence of the mother of an illegitimate child held sufficient alone to obtain an affiliation order on the putative father? 75. What is the Statute which inflicts punish ment for shooting at, cutting, or wounding, with intent to main, or disfigure, or to do a person some grievous bodily harm, and what is the punishment inflicted? 76. What is the least number of witnesses as to each assignment of perjury necessary to convict on an indictment for that offence? 77. What effect has a conviction for perjury On a motion that he might give security for costs, the Master of the Rolis said :-"I understand the rule to be this:—that this Court, in all cases of this kind, sees whether there is. reasonable security that order it any make may against the plaintiff can be enforced, and does not compel a plaintiff to give security for costs, merely because he goes abroad pending the suit, for he may have no intention of remaining there. "In this case I find that the plaintiff has no fixed abode in this country, that he has gone abroad out of the jurisdiction, and that there is nothing to show when he will return. The order must be made." Stewart v. Stewart, 20 Beav. 322. POINTS IN EQUITY PRACTICE. on the civil position of a person convicted of TITLE OF AFFIDAVIT ON APPOINTING GUARthat crime? 78. Is there any, and what, distinction as to the necessary steps in order to retain a Queen's Counsel, or Counsel with a patent of precedency, for a prisoner or defendant in a criminal prosecution? 79. What effect has a conviction and attain der for felony on the real and personal property of the convict? LAW OF COSTS. OF DEFENDANTS NOT FORMALLY SERVED WITH NOTICE OF MOTION. THE plaintiff being about to bring on a motion, applied to Mr. D., who was the solicitor to some of the defendants resident out of the jurisdiction, to appear for them; and though not formally served with a notice of motion, a copy was furnished him. Mr. D. at first refused to appear for them, but afterwards expressed his willingness to do so, and the plaintiff's solicitor wrote him a note, stating when the motion would come on. The motion having been refused with costs, held that these defendants were entitled to their costs. Shaw v. Forrest, 20 Beav. 249. DIAN TO INFANT IN SPECIAL CASE. Held, that the affidavit as to the fitness of a proposed guardian to concur in a special case, under the 13 & 14 Vict. c. 35, on behalf of an infant, should be entitled not only In the matter of the Infant, but also In the matter of the Act. It is irregular to entitle the affidavit In the special case, inasmuch as at the time when the affidavit is filed, the special case is not on the file, and cannot therefore be considered as in existence. Star v. Newbery, 20 Beav. 14. ON PLAINTIFF'S MISDESCRIPTION IN BILL. -PLEA. The plaintiff, in his bill, described himself as W. A. B., "of Gray's Inn, Barrister-atLaw, and of No. 2, Cloisters, Temple, in the city of London." One of the defendants pleaded that such description was false, and Cloisters, Middle Temple, and that the plainthat the plaintiff was not resident at No. 2, tiff's residence was unknown to him at the time of bill filed and ever since, &c. The Master of the Rolls, in overruling the plea as bad in form for not negativing a residence at Gray's Inn, said :-" I wish particu |