THE REPORTING SYSTEM.

...

The multiplication of law reports is producing a feeling that for the sake of the members of the profession something must be done; no person is able to keep up with them, however much inclination he may have so to do. Our work is intended to ease the profession in this respect, and we know that its usefulness is recognised, but still many practitioners feel a necessity for recourse to the fountain heads, or at least they desire to procure the original reports, but the number is too large, and they are obliged to limit themselves to a certain portion only. Mr. Baron Bramwell has lately stated publicly that "Lord Wensleydale told me, and my own judgment goes with it, that no judge can do his duty who does not read the reports. . . . When I was at the bar, I did not read them, and I did not pretend to read them, and my clients knew that I did not read them, and they took me for better or for worse, with notice. [His Lordship doubtless refers to the time when he was one of the leaders of the bar in full practice. At that prosperous period of a lawyer's career, the demands upon his time and attention are so incessant that he finds it very difficult to read reports systematically; but then he is constantly in the midst of the arguments, trials, and judgments which are reported; is personally engaged in the more important; and is daily hearing of moot and decided points. Let no one, who has not attained to so distinguished a position at the bar, think that he can dispense with a careful study and noting of reports.]. But I cannot serve the public in that way, and I read them now diligently and faithfully, and they require time. I do not mean to say that the reading of them is laborious, because, from long habit and inclination, I do not say but that the reading of the reports occasionally is rather an amusing thing." To the question, "Do you read all the multifarious reports-namely, the Jurist, the Law Journal, the Justice of the Peace, and the Law Times?" the learned judge answered, "No; I read what I suppose you may call the orthodox reports of the three common-law courts-namely, Ellis and Blackburn, the Common Bench Reports, and Hurlston and Norman. I read the Law Journal Reports, equity and common law, and I read the Jurist Reports. . . . It may be asked, why does one read the same thing in duplicate? My answer to that is, that if I distinctly comprehend the case when I read it, I do not trouble myself to read it again; but it very frequently happens that you find varieties of expression in the judgments, where they have not been considered and written, of such a character that it is quite desirable that you should read both reports. You may find that one reporter

is struck by one remark, which he puts down, and while writing it, not being an accomplished shorthand writer, something escapes his attention which the other puts down."

In reference to this very important subject of law reporting, we may refer to a letter which lately appeared in the Times newspaper, wherein the writer states :-"Again, cases are often reported in which no new principle is enunciated, but the decision in which merely goes on the facts of the cases themselves. This swells the volume, as also does the length of the reports. No one who is conversant with the old reports of fifty or sixty years since is not struck with the conciseness of them as compared with the new reports-I ought rather to say with the amplification of the new as compared with the old.

"The evil is daily increasing. I have heard the present attorney-general say that the reports were accumulating beyond even his power of mastering. Perhaps our book-shelves are loaded with twenty new volumes of reports a year! And remember, Sir, the numerous acts of Parliament of which so much complaint is made only furnish us with one volume of law every year. It would seem that the evil should be stopped, and the following is a remedy I would propose :—

"1. In each court there should be an officer of the court to report such cases as the judge should think, from some new principle evolved, worth being reported. (By the way, the officer should have a a deputy, as he would have very little to do.)

"2. The reports of all the courts should be published together, by order of the Lord Chancellor, about once a month, and should be published at a moderate cost.

"3. When a case has been re-argued before the Court of Appeal, having been once stated in the reports, it should not be re-stated, but the decision on it merely.

"In conclusion, your correspondent 'Mercator' says that the issue of bank-notes should bear a strict proportion to the amount of bullion in the Bank of England. Oh that in legal matters the issue of the reports and their cost might be in some proportion with the bullion contained in them."

THE PROFESSION-SOLICITORS AND ARTICLED CLERKS.

In the last report issued by the Incorporated Law Society, among other matters it is stated a communication was received from the Metropolitan and Provincial Law Association on a proposed new scale of costs on criminal prosecutions; and the secretary having obtained copies of the several scales pro

posed by the treasury as applicable to proceedings both at the assizes and quarter sessions, a letter was written to the Lords of the Treasury upon the subject; and in answer the council were referred to the gentlemen who had been commissioned by the treasury to consider and report upon the matter.

Several questions of professional usage on conveyancing matters were taken into consideration: amongst others, as to the costs of a release and indemnity where the original deed had been lost; the cost of a contract of sale, and its preparation by the vendors' solicitor; the settlement of an action between the parties and the plaintiff's attorney, in the absence of the defendant's attorney; retaining fees on elections for members of Parliament.

The attention of the council was called to a decision on the trial of an action against one of the members of the Society, which appeared to increase the liability of attorneys to a serious extent; and the secretary was directed to obtain the shorthand writer's notes of the case, and to make inquiries on the subject of an intended application for a new trial. It was afterwards reported that a rule for a new trial had been granted.

The Secretary reported that the rules for striking two attorneys off the Roll had been made absolute by the Court of Queen's Bench; and directions were given to apply for the removal of the names from the rolls of the other courts of law and equity.

Several applications for the renewal of the annual certificate of attorneys, with the affidavits and testimonials in support, were considered. In one of these cases the council successfully opposed the renewal, at the instance of the Newcastle Law Society.

In another case which had been referred to one of the Masters, the court, on a special application, enlarged the terms of the rule, authorised the examination of witnesses viva voce, and directed the applicant to produce his account-books, papers, and writings before the Master.

An application having been made to renew the certificate of an attorney who had been remanded by the Insolvent Debtors' Court for several breaches of trust, counsel was instructed to oppose the renewal. Cause was shown in the first instance, and the rule was refused.

The Examiners' Report of Trinity Term was received, recommending two candidates to the Council as deserving of prizes-viz., Mr. Edward Balden, of Birmingham; and Mr. Walter Browne, of Lenton; and three as deserving of certificates of merit. The books proposed by the several candidates having been approved, were presented by the Council, and certificates of merit granted to the others-namely, Mr. Joshua Fallows, jun., of Piccadilly; Mr. Wm.

Devise to trustees and survivors.-A devise to two trustees and the heirs of the survivor (which, though very improper, is not uncommon) makes them joint tenants in fee (Burt. pl. 293.)

Sale of goods after execution.-A sale of goods after execution delivered to the sheriff, except in market overt, was formerly void against the execution creditor: the delivery of the writ to the sheriff bound the property in the goods, except against a purchaser in market overt; but by 19 & 20 Vic. c. 97, s. 1, a bonâ fide purchase for value without notice of the writ will defeat the execution where there was no actual seizure.

NOTICES TO CORRESPONDENTS.

J. C-You will be in time for Hilary Term, if you give your notices in due time. Your reading has not been sufficient, but perhaps your practical knowledge will suffice to get you through.

LEX (Sheffield).-The new edition of Stephen is not yet out.

M. A. L.-We have determined to make a commencement this month (September), as you will perceive by the advertisement.

W. Y.-Write to the secretary at the Law Institution. No doubt there is some fee payable.

LAW STUDENTS' LIBRARY.-This new work will be commenced on the 15th of September instant, and we trust our friends will rally round us, for at present we have not so many subscribers as we ought to have, though names are now coming in every day. Let not ur readers rest content with sending their own orders, but endeavour to get us subscribers. We shall be happy to send prospectuses with this view to any gentlemen who may be willing to

assist us.

Printed and published by THOMAS F. A. DAY, at his residence,
No. 13, Carey-street, Lincoln's-inn-fields, in the parish of St
Clement Danes, in
Middlesex.
the county of
Tuesday,
September 1, 1857.

THE

16, GRESHAM STREET, CITY, E.C.

On the 15th of October, 1857 will be published, No. 2 of HE LAW STUDENTS' LIBRARY. - The Proprietors of the LAW CHRONICLE are about to issue a Series of Works specially adapted as a preparation for, and successful passage through, the Examinations to which Articled Clerks are subjected. The proposed Works have in view to furnish Articled Clerks with practical information on those subjects which the Exa minations comprise, and to present the various statements and propositions in such a form as shall best conduce to the reader's comprehension of their exact import, without overloading the works with mere matter of detail. Every experienced person knows that the student who has laid a good foundation in the principles of the law will make the best practical lawyer, and will get through his exa mination, not only with safety, but with satisfaction, and even credit. The institution of prizes and honours has furnished another incentive to study, and it is to assist the candidate in competing for these that the proposed series of Works is announced.

The following are the Works with which it is proposed to com

mence:

I. The Law Student's First Book. II. The Principles of the Common Law. III. The Practice of the Common Law.

IV. The Principles of Equity.

V. The Practice of Equity.

VI. The Principles of Conveyancing.

VII. The Bankruptcy Laws.

VIII. The Criminal Law.

It is intended that each Work shall occupy about 300 pages, and thus present, in a compact and intelligible form, the principal points embraced by the Examination Questions. The works will be equally useful to the commencing Student and to the Articled Clerk about fo be examined; indeed, to the latter, the Works will be invaluable, as presenting a compendious statement of the very matters on which he will be examined.

The LIBRARY will be brought out in numbers, of which one will be published monthly (on the 15th of each month), containing 40 pages of octavo size, price 1s, making an annual subscription of 128.; for which sum, it will be sent post free to subscribers. It can also be obtained through the booksellers in the usual way. Each work will cost about 8s. No. 1 will appear on the 15th of September, 1857. The advantages of the LIBRARY are so palpable, that it is to be supposed that no Articled Clerk will hesitate to support it.

THOMAS DAY, 13, Carey-street, Lincoln's-inn, London.

58.

Also, for

OBITS and REVERSIONS. Is

VALUING

By ARTHUR SCRATCHLEY, M.A., F.R.A.S.

POST

Published at the FRIENDLY SOCIETIES' INSTITUTE, 4, Trafalgarsquare, London, W. C., and may be had by sending the requisite Postage Stamps to the Secretary.

Just published, in post 8vo, price 2s. 6d., cloth.

HE ERA CHESS PROBLEM TOURNASolutions, and an Introduction, by Herr LOWENTHAL. THOMAS DAY, 13, Carey-street, Lincoln's-inn.

In one thick volume, containing upwards of 1,000 pages, price 7s. cloth,

THE

HE CHESS PLAYER; Edited by KLING and HORWITZ. This Work forms a complete Encyclopedia of the Game, containing Elementary Lessons for Beginners a variety of Games by the best Players, with copious Notes-Chess Problems and Studies by the most eminent Masters, with Solutions-A Series of Papers on the History and Literature of Chess, from the earliest period to the present time-together with numerous other matters of importance to Amateurs. London: T. F. A. DAY, 13, Carey-street, Liucoln's-inn.

L

In 8vo, price 4s 6s, sewed, ITTLETON'S TENURES: with Notes, and Copious Questions on the Text and Notes. New Edition. The mode in which this work has been edited is, in the first place, by omitting the portions quite obsolete; in the next place, by slightly altering LITTLETON's Text, where some partial change has been made in the law since Littleton's time; and, in the third place, by adding notes to very many of the sections, noticing the changes made by statutes, and in some cases stating recent decisions of importance, and, in the last place, by furnishing a most complete series of questions on the texts and notes. London: T. F. A. DAY, 13, Carey-street, Lincoln's-inn.

In 8vo,

N EXPOSITION OF THE LAND TAX :

Ate Exerunt and Collection; showing the subjects exempi

from the Tax; mode of granting relief from the Double Land Tax assessed on the Estates of Roman Catholics; and Rights and Advantages conferred by the Redemption Acts, with References to the reported Cases in the Courts of Law and Equity, bearing on the subjeet; and an Introductory Sketch of the History of the Land Tax. By MARK A. BOURDIN, of the Inland Revenue Office, Somerset House.-Price Half-a-Crown, or sent free for thirty-six stamps. London: T. F. A. DAY, 13, Carey-street, Lincoln's-inn.

OLLOWAY'S PILLS, the most effectual

This medicine has astonished the world for the last twenty years, and the individuals who have taken them, for after having had recourse to all remedies without success, in cases of liver and bowel complaints, indigestion, and other fearful disorders, these Pills have restored them to health, where, in many instances, they were considered to be past relief. Such facts do not require comment, and all sufferers can easily prove their truth.

Sold by all Medicine Vendors throughout the World; at Professor Holloway's Establishments, 244, Strand, London, and 80, Maidenlane, New York; by A. Stampa, Constantinople; A Guidicy, Smyrna; and E. Muir, Malta.

ANSWERS TO MOOT POINTS.

No. 12.-Married Woman (ante, p. 107). The liability of a husband, upon contracts entered into by a wife, for things necessary and proper in her station of life, rests upon an implied agency arising out of the intimate connection subsisting between married persons; and, so long as the parties cohabit, the burthen lies upon the husband of disproving the agency, or, at least, showing that it is not a case for its implication (see Macqueen's Law of Husband and Wife; Emmett v. Norton, Car. and Pay, 306; and Freestone v. Butcher, 9 Ditto, 643). But when a separation ensues, the legal position of the parties is reversed; the non-liability of the husband is primâ facie presumed, and, in order to establish a case founded on this implied agency, the party seeking to enforce the contract must show that the act of separation was not the fault of the wife (see Macqueen, 140, and the cases there cited) -a condition which is certainly not fulfilled in this case. Consider the very equivocal position in which the wife must come before the court: and it is upon the merits of her case that that of B. must stand or fall. The law gives her (by a fiction of its own) a certain power. She neglects to avail herself of that power (I mean, of course, that of purchasing necessaries). She then leaves her husband on the ground of an existence of a state of things the natural result of her neglect; and she then comes before the court and claims the benefit of that power which was (when within her reach) despised. If she chooses a state of separation, she must take it with its disadvantages. The court could take no steps in favour of her, or those claiming through her, in the face of such facts as these, until the married persons are placed in statu quo; by a renewal of the state of cohabitation, and assuming the non-liability of the husband to be beyond doubt, I do not see how B., consistently with any rule or principle of law, can have any remedy against the separate estate of A. (which I presume to be personalty), accompanied as it is with a restraint on anticipation. I know of no decided case in which this clog has been removed until it releases its hold by the death of the parties, or the dissolution of the marriage. I think, therefore, that B. cannot recover so long as the relation of marriage and state of separation continues.

A. L. TROTMAN.

Moot Point suggested by No. 12, and to be taken in

connection with my Answer to the same. Assuming that B. (the payee of the note) has no remedy against any one while the marriage and separation continue, and assuming that he will have

a remedy against A. in case she survive her husband, what will be the legal position of B. supposing the husband to survive? I have hastily formed an opinion that, inasmuch as the separate estate will lose its special nature immediately on the decease of the wife, and the husband's right by administration will attach eo instanti, there can be no room for any third party to assert a claim against A. If I am right, B. is, indeed, in evil case. But it is a point on which I should like to hear better opinions.

A. L. TROTMAN.

No. 9.-Will-Power to Sell (ante, p. 106). By the parallel case cited (Bentham v. Wiltshire), it seems clear that the power of sale would not vest in the executrix by implication; she, as such, having nothing to do with the distribution of the produce of the sale.

I think, however, that the heir-at-law, having · been one of the conveying parties, the conveyance to G. II would be effectual. VENATOR.

No. 12.-Married Woman (ante, p. 107).

In this case the husband of A. would be liable to B. to the value of the articles, being necessaries, proved to have been delivered to A., and which were purchased with the borrowed money. At law the husband would not be liable (Earle v. Peale, 1 Salk. 387), but in equity, upon proof of the money having been properly expended in the purchase of necessaries, B. would be allowed to stand in the place of the persons who actually supplied the necessaries to receive satisfaction, to the extent mentioned above, from the husband (Harris v. Lee, 1 P. Wms. 483).

Again, the separate estate of A. would be liable for the amount of her promissory note. The doctrine is clearly established, that where a married woman, possessed of separate estate, gives a promissory note, payment can be enforced out of her separate property; and, in one case, it was held that a married woman's promise in writing to pay a debt charges her separate estate in the same manner as her bond or promissory note (Bullpin v. Clarke, 17 Ves. 365: Murray v. Barlee, 4 Sim. 82; Stuart v. Kirkwall, 3 Madd. 387; Field v. Sowle, 4 Russell, 112; Nail v. Punter, 5 Sim. 562). VENATOR.

LIST OF CORRESPONDENTS.

The following are the only additional names to the List published ante, p. x-namely, Mr. A. Lumb, Penrith; Mr. A. L. Trotman, Wellingborough, Northamptonshire.

The address of Mr. T. J. Peacock (late of Southsquare, ante, p. x) is now at J. Cutts, Esq., solicitor, Chesterfield."

ARTICLED CLERKS.

As the following communications are of general interest, we insert them with our answers thereto. Clerk holding Appointments.

SIR,-I have been articled to an attorney for four years, and during that time I have held the appointments of clerk to a poor-law union, clerk to a district highway board, and receiver of tithes of a few small parishes. It has often been the source of uneasiness to me as to whether I shall experience great difficulty in passing, on the ground of my holding such appointments. Although I manage to attend to the business of the offices held by me, yet I do not neglect my employer's business; but, on the contrary, I almost exclusively manage the affairs of his office myself. In Mr. Maugham's work "Attorney's Hand Book," it is stated that an articled clerk may hold during his articles, offices usually held by attorneys. I also observed, in the last Annual Report of the Council of the Incorporated Law Society, that several questions as to due service have been under consideration, and that questions as to service rest entirely with the examiners. Since reading that report, I have felt exceedingly anxious to ascertain (if possible) the decision of the examiners in cases similar to my own. Can you give me any light on the subject? Well knowing your readiness at all times to render assistance to articled clerks, I have determined upon soliciting of you the favour of giving me some information.

NOTE. We have several times advised articled clerks not to accept such offices, unless they were engaged in them only after the regular office hours, but we are informed that the, examiners are not so strict; and we believe if it can be shown that the clerk has not been so engaged as to encroach on the business-time which the solicitor required the clerk to attend at the office, the examiners will allow the service as sufficient. In other words, in such a case the clerk must show that such employments have been entered into with the consent and approbation of the solicitor, and that he has not neglected his employer's business, or lost any opportunities of seeing or engaging in the business of the office, and pursuing the studies necessary for his profession. But this is to incur a great risk, and we are not surprised that our correspondent should feel some uneasiness, especially as he holds no less than three appointments.-EDS.

Artictes-Covenant to serve until Assignment.

In articles of clerkship there is a stipulation that the master shall assign on three months' notice, and the clerk covenants to serve for five years, or until such assignment. Query-Will the introduction of

the alternative operate so as to make the contract not "a contract for the full term of five years," or is it sufficient to satisfy the requirements of the statute and rules relating to service. It may be stated, that the master covenants to teach for five years, and the stipulation for the assignment is entirely distinct from his covenant. The clerk, however, covenants to serve five years, or until assignment, as above stated.

NOTE. We do not think our correspondent need be under any apprehension, as it appears to us that the contract is sufficient to satisfy the requirements of the statute and rules. The contract is, in effect, to serve for five years-i. e., A. B. until assignment, and after assignment to C. D. for the remainder of the term of five years. Of course, C. D. will be a duly qualified practitioner, and as the service to A. B. and C. D. will make up the full term of five years, that period will be duly served. Indeed, in our opinion, a contract to serve A. B. for three years, and thereafter to serve C. D. for two years, so as to make up the full term of five years, would be sufficient, though we would not recommend its adoption on account of the questions which might be raised as to stamp duty, enrolment, &c.-EDS.

LEGAL EDUCATION-EXAMINATIONS-DUE SERVICE UNDER ARTICLES.

Although we have noticed some of the matters therein appearing, yet it may be useful to furnish our readers with the following extract from the last Report of the Incorporated Law Society, especially as many articled clerks are greatly interested in that portion which relates to due services under their articles.

Classical examination.-The Council some time ago received suggestions for extending the requirements at the examination of candidates for admission on the roll; and in their previous Reports they stated the conclusions at which they had arrived-namely, to recommend to the judges to authorise an examination, either before, or during the articles of clerkship, or before admission, for the purpose of ascertaining that the candidates possessed an adequate degree of knowledge of the Latin and French languages, and of English history, geography, arithmetic, and book-keeping. A memorial to this effect has been prepared.

Prizes and certificates of merit.-The Examiners often regretted that, whilst they felt compelled at each examination to reject several candidates, who were unable to answer satisfactorily one-half of the fifteen questions in the three essential departments of common law, conveyancing, and equity, they were unable to award any distinction to those who passed their legal examination in a superior manner.

After