82. What is the nature of a writ of certiorari? How is it obtained? 83. What is the effect of a justice being interested in the matter in question before him? If there be exceptions to the general rule on the subject, state one. 84. If a question of law arises before justices of the peace in the exercise of their summary jurisdiction, can the opinion of a Superior Court at Westminster be obtained on such question? If yes, state the steps which a person desirous to obtain such opinion must take. 85. How is the jurisdiction of justices effected on property or title coming in question in the matter before them? Give an instance. QUESTIONS FOR THE INTERMEDIATE EXAMINATION. MICHAELMAS TERM 1868. Questions 1 to 5 inclusive. II. From Chitty on Contracts. 6. A party makes a proposal by letter to another, who accepts the proposal with the addition of a new term. Does this amount to a contract? Give the reason for your answer. 7. When is forbearance to sue a valid consideration to support a simple contract? S. What is necessary, according to the Statute of Frauds, to render valid a contract for the sale of goods for the price of 101. or upwards? 9. If several persons stipulate for the performance of an act, when are they bound jointly, and when severally? 10. In what cases is a bailee, with whom goods are deposited without reward, responsible for their III. From Williams on the Principles of the Law of Real Property. 13. Define the meaning of the terms "real property" and " personal property," stating what description of property is comprised under each of such terms. 14. An estate being settled to the use of A. for life, remainder to the use of B. and the heirs male of his body, with remainder to the use of C. and the heirs of his body, with remainder to the use of D. and his heirs. State, in technical terms, what estates A., B., C., and D. respectively have. 15. An estate being settled as in the last question, state by what means the estate of B. can be converted into an estate in fee simple, and who would be the necessary parties to a deed for effecting such conversion. 16. Can a tenant for life under a settlement dated in 1860, and containing no express leasing power, grant any, and what, leases of the settled property? 17. What are the rights of a husband in the unsettled freehold lands of his wife? 18. How many witnesses are necessary to the valid execution of a will? and is there now (or was there formerly) any difference in the number required for a will disposing of real estate, and for one disposing of personal estate only? 19. A. is possessed of a leasehold estate which he agrees to sell to B., without any special conditions as to title. What title has B. a right to require? IV. From J. W. Smith's Manual of Equity 20. Define an "accident" as remediable in equity. 21. Will a court of equity grant relief in case of the non-execution of a power which is coupled with a trust? 22. Courts of equity will give relief in cases of frand. Into what two large classes is fraud divided? 23. What course will courts of equity take to secure the ultimate payment of legacies which are not payable until a future day? 24. Give an instance in which a legacy, not payable until a future day, carries interest immediately. 25. Will courts of equity decree specific performance of contracts in cases where damages at law would amount to a complete compensation for the breach of such contracts? 26. Assets (that is property available for the payment of debts of a deceased person) are divided into legal assets and equitable assets. Now supposing a court of equity to be distributing assets among creditors, what rules of distribution does it follow as regards legal assets, and what rules of distribution does it follow as regards equitable assets? V. Book-keeping. 27. What is the main object, or design of bookkeeping in the case of merchants and traders ? 28. What are the principal books employed by merchants in keeping their accounts? 29. State the particulars which are entered in the books called the "bills receivable" book, and the "bills payable" book. 30. Explain the meaning of "account sales:" and if you have seen an "account sales" state the information which it furnished. 31. When a merchant renders an account current, consisting of receipts on the one side, and payments on the other side, how is the interest in such account calculated ? GENERAL EXAMINATION. MICHAELMAS TERM 1868. General examination of students of the Inns of Court, held at Lincoln's-inn-hall, on the 29th, 30th, and 31st Oct. 1868. annum, The Council of Legal Education have awarded to Cornelius Marshall Warmington, Esq., student of the Middle Temple, a studentship of fifty guineas per annum, to continue for a period of three years. John Arnell Creed, Esq. student of the Middle Temple, an exhibition of twenty-five guineas per to continue for a period of three years. William Henry Clay, Esq., student of the Middle Temple, certificate of honour of the first class. James Crawford, Esq., student of the Inner Temple, Henry William Gibson, Esq., student of the Inner Temple, George Edward Goodyear, Esq., student of the Middle Temple, James Halkett, Esq., student of the Inner Temple, James Ralph Hall, Esq., student of the Inner Temple, George Harper, Esq., student of the Inner Temple, Alfred Tristam Lawrence. Esq., student of the Middle Temple, William Turley Mainprise, Esq., student of the Middle Temple, Arthur Pawson, Esq., student of the Middle Temple, Louis Henry Phillips, Esq., student of the Inner Temple, Edward Rolland, Esq., student of the Middle Temple. Arthur Edwin Sharpley, Esq., student of the Middle Temple, Amherst Daniel Tvssen, Esq., student of the Inner Temyle-certificates that they have satisfaetorily passed a public examination. By order of the Council, (Signed) EDWARD RYAN, Chairman, pro tem. Council Chamber, Lioncoln's-inn, 9th Nov. 1868. COUNTY COURTS. NEATH COUNTY COURT. Thursday, Oct. 22. (Before TYRRELL, Esq., Judge.) DAVIES AND OTHERS . WILLIAMS. Costs of attorney-Deduction out of post office order-Right to continue action for debt. This action was originally commenced in the Exchequer of Pleas and was by an order of Mr. Justice Willes, transmitted under the 26th section of 19 & 20 Vict. c. 108, for trial in this court. The plaintiffs are tea merchants at Liverpool, the defendant was a grocer residing at Taibach in this district, and on the 20th July 1866 they sold the defendant two chests of tea, which came to 301. 5s. 7d. The defendant could not pay the debt at the expiration of the usual time of credit; but after repeated calls by the plaintiffs' traveller, he on the 14th Jan. 1867 obtained 151. on account. On the 2nd Aug, following, defendant transmitted by post office order 51. The plaintiffs finding they could not obtain full payment of the account, instructed their solicitor to issue writ against the defendant for the balance then due of 101. Os. 7d. The writ was issued and sealed on the 30th Oct., and on the same day the defendant transmitted to the plaintiffs a cheque for 3.; the attorney was informed of this fact, and in order not to pat the defendant to any further expense than the bare costs of the writ, made a copy thereof and sent it to the defendant by post. On the receipt of the copy writ the defendant obtained a post office order and sent it to the plaintiffs' attorney who wrote to defendant in reply the following letter: 6 Nov. 1867. Sir,-The post office order for 31. came to hand, which I have applied as follows: costs, 21. 78. ; on account of debt, 13s.; the balance must be sent at once. On the 19th Nov. the defendant wrote to the plaintiffs a letter stating that he had received the copy writ, and that their lawyer had put him to the expense of 21. On the 26th Nov. defendant transmitted to the plaintiffs 41. 58. 3., and on being pressed for payment of 21. 7s., which the plaintiffs' attorney had retained for costs, he appears to have placed the matter in the hands of his attorney. From this time it appears the action proceeded, issue was joined, and the case was to have been tried at Liverpool Assizes, but was ultimately transmitted to the Neath County Court as previously mentioned. The foregoing facts came out in evidence before his Honour, and he decided after a long argument that the plaintiff's attorney had no right to deduct his costs out of the post office order received by him from the defendant, and that on the last payment of the 41. 5s. 3d. plaintiffs accepted that sum in full of 41. 58. 7. then due, 4. having been remitted short of the account, thereby holding that there was nothing due to the plaintiffs, and accordingly nonsuited them. The whole case turned on the right of the plaintiffs' attorney to deduct his costs out of the 31. received, and to proceed with the action in case of their not being paid. In page 38 of Gray's Country Attorney's Practice, 8th edit., it is stated that if defendant does not pay the costs the action proceeds in precisely the same manner as if the debt had not been paid, until the defendant submits to pay the costs, and if he allow it to go to trial a verdict is taken for such damages as will carry the costs of the action. It is reported that an application will be made for a new trial. ECCLESIASTICAL LAW. THE IRISH CHURCH SCHEME. THE Spectator, with the usual modest disclaimer of special sources of information, has published what it believes to be an outline of the plan that will be proposed by Mr. Gladstone for the abolition of the Protestant Church. The formidable anticipated difficulty was the appropriation of the confiscated property; the Roman Catholics protesting against the secularisation, inasmuch as they still claim it as their own, and the Protestants obiecting with equal vehemence to its transfer to the original owners, or its use for any purpose that would promote Catholicism These objections from opposite quarters are to be raised, according to our contemporary, by this ingenious scheme. The scheme to be revealed in February next will in some fashion, more or less scientific, give the Irish tithe to the guardians of the poor, to be employed by them either in mitigation of the poorrate the most probable course or in maintaining new institutions for the public benefit, say, for example, the establishment of free hospitals for the aged and the sick. Mr. Gladstone has been very careful indeed to point out in his speeches, the tithe was originally assigned for the maintenance of the churches and the poor, and the accumulation of property by priests is to this day justified in Catholic countries because such accumulation is a substitute for the poor-rate. Another objection also vanishes, for confiscation for the benefit of others than those who confiscate is, whether just or unjust, never likely to be popular, never likely to excite that passion for unearned gain which is aroused by lotteries established by the State. Moreover, each parish or group of parishes will receive its own tithe to a penny, and expend it on objects at least as sacred as the maintenance of a Church detested by four-fifths of those for whom it is supposed to be kept up. And lastly, the Roman Catholic Church has, through its prelates, formally announced that it does not regard the devotion of the tithe to the poor as secularisation, but as an appropriation to one of the very few objects for which ecclesiastical property may be used without mortal sin. The Spectator would have greatly preferred to use the property of the Church in order to compensate landlords for the surrender of the right of eviction, to establish by its aid an immediate "perpetual settlement;" but frankly acknowledges that the other plan will be far easier to carry through Parliament. It will conciliate not only Irish but English landlords, who will see in it a precedent indefinitely diminishing the danger of general disendowment; it will please the farmers, who are beginning to feel as if the rise of rates were a law of nature, a misery like old age, which must always increase; it will not irritate the philosophers, for they in their heart think the poor want help far more than the clerics it will delight the masses, who for the first time will see a great national resource directly devoted to them; and it will content the Catholic priesthood, who have rejected endowments if they involve State control. recommend it to favour. It will satisfy the Roman This looks business-like, and contains much to Catholics, because it will keep the confiscated property car-marked, so that in fulness of time, as they confidently believe, their Church will be enabled to resume it. The Protestant Dissenters of England will not object because it will not be an application in aid of Popery. Irish people will be satisfied, as the visible advantage will accrue to them. The real objection to such an appropriation is that it relieves the landlord, in fact, for any possible allotment of the revenues to the poor must practically operate in diminution of the poor-rate, and consequently to the advantage of the landowners, whom the boon will probably conciliate. It will be indeed remark able if the confiscation of the property of the Church in the 19th century should result, as have all great confiscations of churches in all countries, in a boon to the rich, as would be any uses that would relieve the land from the burden of rates. Surely it would be possible to find some channel for it that would benefit the poor. Why not devote it to education, dividing it among the schools of each denomination in proportion to the number of pupils? According to the plan suggested the Duke of DEVONSHIRE, One of the largest landlords in Ireland, whose property consists in great part of the plunder of the Church at the Reformation, would be again enriched by this second confiscation, which is to relieve his lands from the burden of the poor-rates. Manifestly the question, "What will he do with it?" is not yet satisfactorily answered. THE LATE LORD CHIEF BARON ON THE IRISH CHURCH. SIR FREDERICK POLLOCK has written the following letter to Lord George Hamilton, the Conservative candidate for Middlesex: I intend to vote for you at the next election for Middlesex, but I wish to add a word or two as to my reason for so doing, especially as, while I was Attorney-General under Sir Robert Peel's government, I regretted the relation in which the United Church stood to the great majority of the people of Ireland. But the United National Church was established at the union of England and Ireland, which, politically speaking, was the joint act of two independent kingdoms, agreeing by the King, Lords, and Commons of each to become one kingdom with one United National Church. To disturb that solemn arrangement at a week's notice, by a mere resolution of the House of Commons, without any notice to, or communication with, the House of Lords, appears to me the most daring and unconstitutional proceeding that has occurred since (in the reign of Charles I.) the Long Parliament voted the House of Lords useless, and proceeded to carry on the government without them. And as the party to which Mr. Gladstone now belongs has been in office above thirty years, and he himself six or eight, without dreaming of this before, I think the proposal when made must be ascribed to a reckless and selfish ambition, to a desire for place at any price. This is my reason for voting for your lordship, and I state it here the rather because I am too old to avail myself of any opportunity of stating it anywhere else. THE NEW BANKRUPTCY LAW. (Before Mr. Registrar YATE-LEE, sitting as Application for stay of proceedings under a peti- deed, which was an assignment of all the debtor's estate, and therefore, although unstamped, on the authority of the recent case of Ponsford v. Watson, 17 L. T. Rep. N. S. 511, receivable as proof of an act of bankruptcy. Lockett then renewed his application to stay the adjudication, and contended that where the court was satisfied that a debtor had executed a trustof the Bankruptcy Act, and where there was a deed which was in accordance with the provisions probability of obtaining the necessary assents of creditors, and a bona fide intention to register the deed, all proceedings under the petition ought, by virtue of the 199th section of the B. A. 1861, to be stayed. The REGISTRAR said there were several objections to his entertaining the application. In the first place, it was necessary, in order to satisfy the court that the deed in its terms complied with the statute, that it should be produced, and he did not think it could be produced in evidence for such a purpose without being both stamped and registered. As an act of bankruptcy, and where it was not sought to enforce rights under the deed, it was receivable without stamp; but where it was sought to be set up as a valid deed the requirements of sects. 42 and 194 of the Bankruptcy Act, both as to stamp and registration, should be complied with. Lockett argued that the effect of such a construction of the statute would be to neutralise the first portion of the 199th section, which distinctly provided for the stay of proceedings before registration. had reference to such documents being stamped The 42nd section as might be required by the Act to be so stamped, but in the present case the 192nd section of the Act only required the stamp to be impressed prior to registration and not before; therefore that section could hardly be held to apply. The 28th section of the Common Law Procedure Act, with reference to stamps, he submitted, applied to the production of a document on the trial of a cause, and not to a preliminary proceeding like the present; and further, he contended that the affidavit of the trustee that the deed was made in compliance with the terms of the statute, that it had been executed by the debtor and a large number of the creditors, and was intended to be registered, ought to justify the court in granting his application. Tibbits, of Chester, who appeared for the petitioning creditor, took exception to the application 17th of the rules of Oct. 1852 had not been given. on the ground that the notice required by the He further objected that as his application for an adjudication was ex parte, it ought not to be interfered with by either the debtor or trustee, as until adjudication they were strangers to the proceedings. The REGISTRAR said that although he was of opinion that the 194th section precluded him from receiving the deed in evidence before registration. and that no secondary proof of its contents would be evidence, he should dispose of the application on the objection raised by Mr. Tibbits, namely, the absence of sufficient notice of intention to apply to the court. The 199th section was difficult of construction, and the application of the first part of it appeared to be neutralised by the last sentence in the 194th section. Upon the objection, however, as to the want of stamp and registration he should not then decide, but simply on the insufficiency of notice of the application, which ought to have been given in accordance with the 17th of the rules and orders of Oct. 1852. The application, therefore, being premature, would be refused, and the adjudication of bankruptcy must follow in the ordinary way. BANKRUPTCY PROCEEDINGS. Subjoined is one of the multitude of specimens constantly furnished of the results of bankruptcy proceedings. Under the circumstances it is easy to appreciate the power the law gives to a debtor to frighten his creditors into any terms he may find convenient by threatening to throw his affairs into court : Thames Cut Glass Works, 35 and 36, Upper Thames-street, Oct. 29. Sir.-Perhaps you may think the enclosed worth publication as affording fresh proof how small estates are the creditors get 61. 16s. 8d., while the law charges are 961. 13s. 11d.-Your obedient servant, This Mr. Ballard TEN YEARS' CLERKS.-I must apologise for again trespassing on your valuable space, but I cannot allow the letter of " J. Ballard," published in to-day's LAW TIMES, to pass unnoticed. He considers my letter, with one exception, a temperate and sensible epistle, but at the same time only one side of the question;" but I must remind him that we had heard the other side of the quesThough Mr. Ballard may have devoted a great tion from "H. Tanner "in a former publication. amount of attention to the perusal of my letter, would not make the absurd and groundless asserhe does not yet understand it, for if he did he tion that I "assumed that all clerks who entered into solicitors' offices before the passing of the Act, did so on the understanding that at the end of a certain term of service, they should be articled without premium." Now, sir, it would require very little attention for "J. Ballard or anyone else to see that what I said was, "Let 'H. Tanner' put himself in the position of a clerk who entered standing that he should be articled without prean attorney's office ten years ago, upon the undermium after a certain term of service." looks to me very much like building a house for the purpose of pulling it down. talks about men being a disgrace and a blot to their profession, but I would ask him to what class do these men belong? Is it the hardworking clerk of ten years' standing, who gets into the Profession by " dint of study," that proves a diswho learns just enough law to enable him to pass grace to his profession; or is it the gentleman (?) the examinations, and who goes into the Profession merely to get a handle to his name? Again, Mr. Ballard says that "a back door was found for a favoured few," but, I ask was not this back door made on the first institution of the examination? Was it not created by the Act itself? I do not see how anything provided for by the law of the land can be "illegitimate." I can assure Mr. Ballard that as far as I have had any experience of the class of men whom he accuses of "creeping," I have found them, for the most part, clever and upright men, gentlemanly in their conduct, and honourable in all their dealings. Though I have no inclination to enter into a discussion as to the signification of the fable of the dog in the manger, I must say I have always understood it to apply to a person who selfishly refuses an advantage to another, although he himself gains nothing by such refusal. As to "H. Tanner's" letter, I can only say that I should be myself strongly opposed to allowing the system of admission by affidavit to continue, after the expiration of a reasonable number of years from the passing of the Act. Again apologising for taking up your valuable Nov. 7, 1868. ALFRED WALLETT DEACON. space. 2nd instant, and the time for obtaining an adjudi- eaten up. Here, out of realised assets of 1031. 10s. 7d.. by Messrs. Stevens and Sons, 26, Bell-yard, Lin cation thereunder had been extended till this day. Lockett now attended with the attesting witnesses to the deed, who had been summoned to prove the act of bankruptcy, and applied that the further proceedings under the petition might be stayed pending the twenty-eight days allowed for the registration of the deed, and submitted that the court ought not to adjudicate in the face of the affidavit already referred to. The learned REGISTRAR said that the witness was bound to tender himself for examination as required by the summons, and that the question of whether there should be an adjudication or not could afterwards be determined. The witness was then sworn, and proved the JAMES GREEN. MESSRS. ROBERT HUMPHREY AND GEORGE BRIDGE, ASSIGNEES OF THE ESTATE AND EFFECTS OF MR. W. T. REYNOLDS.-IN ACCOUNT WITH THE ESTATE. Dr. £ s. d. 4 3 2 Jan. 10, 1866, to cash of Mr. G. F. Carnell, in account No. 5 of the "Preliminary," just published coln's-inn, may possibly afford "Candidate" and "A. Z." the desired information. E. HENSLOWE BEDFORD. 9, King's Bench-walk, Temple. NEGLIGENCE ACCIDENT. A person having business to transact upon the opposite side of a river, goes to a ferry, and pays a certain sum to be taken across by one of the proprietor's steamboats. From some unexplained cause, however, the rope by which the steamer is moored snaps as he is getting on board, he is precipitated into the water, and his life is thereby endangered, but £103 10 7 he is rescued by another person who jumps in Feb. 8, 1866, to cash of Mr. William Reynolds, for purchase of stock, furniture, and effects.. 60 9 6 Feb. 19 to July 14, 1866, to cash from debtors... 17 14 11 Aug. 11, 1866, to cash of County Court paid in by debtors. Jan. 1, 1868, to cash of ditto Total.................. 12 11 0 8 12 0 after him. In the event of his being unable to prove negligence on the part of the proprietor's servants, but the proprietors could prove on the other hand that all proper precautions had been taken for the safety of the passengers, would an action at law hold good on the ground that after paying a certain sum to be taken across, they (the proprietors) were bound to do so, and to land him safely on the other side, or would it be likely to be ruled as in the following case: M'MAHON v. SMEDLEY. This was an action to recover compensation for in 547; Parker v. White, 1 Hem. & Mill. 167; Peto v. Ham- J. C. (Q.128.) MORTGAGE-BUILDING SOCIETIES.-Observing that no reply to this has yet appeared in your columns, I send the following information, trusting it may be of office the title to certain freehold property stood thus: use to your correspondent "Quærens." In a case in our appoint, and in default to the use of himself and a The owner's conveyance was to such uses as he should dower trustee, in one of the usual forms, and he executed a mortgage appointing and also granting the property. The mortgage was paid off after the day named for repayment, and the mortgagor took a formal reconveyance to himself and his heirs without the mention of any uses or of any dower trustee. Our counsel who advised upon the title on behalf of a client who was then about to take a fresh mortgage without his attention being specially directed to the question of dower), recommended that, inasmuch as the fact of the reconveyance not having been made to the same uses as the conveyance, might lead to the inference that the owner intended to revoke those uses, the wife of the mortgagor, if married before 1834, should execute and acknowledge the new mortgage. The mortgagor was married before and it was shown that he had gone on to the footpath 1834, and his wife did accordingly execute and acknowledge our client's mortgage. juries sustained in consequence of an accident through The defence was that the driver had used proper care, to avoid the machine. The jury found for the defendant, 7. POOR-DISTRICT AUDITOR.-The overseers of the parish of having been summoned by the district auditor for nonpayment of the balance of moneys in their hands, appeared in obedience to such summons before the magistrates in petty sessions assembled, when, for the first time, they were informed by the superintendent of police that the summons was withdrawn, no other notice having been given to the overseers of such withdrawal. Will you, or any of your correspondents, kindly inform me whether the magistrates have power to make an order for payment of the overseers' costs; and if So, how and against whom the same are recoverable? Answers. CLERK. A TEN YEARS' CLERK, AND A PROBABLE (Q. 131.) MONEY IN SOLICITOR'S HANDS-INTEREST.— In the last edition of Chitty on Contracts, it is there stated p. 595 to 699 (amongst other instances), that prima facie, interest is not claimable " upon a sum due But on a balance of accounts," and refers to cases. will thenceforth be claimed. (Q. 133.) COMMISSIONER-ADMINISTRATION OF OATHS. case, the cereificate being merely required to be taken I should feel obliged if "Lex" would be so good (Q. 1.) GUARANTY.-With regard to the effect of the death of the guarantor, the authorities are very conflicting, We find, on the one hand, in the case of Bradbury v. Morgan, 1 H. & C. 249, that a guaranty is not a bare authority, but a contract, and therefore the executor of the guarantor is liable for goods supplied after his death. All the cases and books which support this view, are to be found cited in the above case, which appears to me more in conformity with sound justice than the opposite view as put forward in Williams on Executors, 6th edit. 1635, and in Smith's Merc. Law, 474, 7th edit. Again, it is a fixed rule of law, that the contract shall be construed most strongly against the party who becomes bound: (Chit, on Cont. 94, 8th edit.) The executors represent the deceased, and are liable on his contracts, covenants, &c., excepting in such cases where the contract is purely personal and is determined by the contractor's death. The question in the present instance may, therefore, in my opinion, be put as follows: "Is the guaranty personal to the deceased?" I think not. The executors have evidently the right of continuing the guaranty; a right they never could have had had the death of the guarantor put an end to it, since the right, once extinguished, could not have been revived. If, then, we admit that the guarantor's death did not put an end to the guaranty, the executors were, I think, bound to give notice of their intention to put an end to it. Respecting the facts mentioned in the second and third questions, I am of opinion that they make no material difference. If "Attornatus" will refer to the sixth edition of Williams on Executors, pages 1250, 1251, &c., he may gather some information C. W. L. (Q. 120.) LEASE-SECOND MORTGAGEE.-It will not be denied that on the execution of the second mortgage, the mortgagee's equity was to a security free from any subsequent lease to be created by the mortgagor. If the contest were merely between equities-if, for instance, the first mortgagee were not by his demise to vest a legal term in the lessee, it is clear that the earlier equity-that of the second mortgagee-would prevail over that of the lessee. As, however, the first mortgagee intends to join in the lease, the question is simply whether the lessee can be permitted to shield himself under the legal term against the equity of the second mortgagee. If the lessee can prove himself to be a purchaser for value without notice, he may so shield himself-otherwise not. Assuming that the lessee on accepting the lease would become a purchaser for value, yet if he had notice, either actual or constructive, of the second mortgage, he could only take subject to it. In Le Neve v. Le Neve, Ambler's Rep. 436, Lord Hardwicke broadly asserts that "The taking of a legal estate, after notice of a prior right, makes a person a malá fide purchaser." The lessee would not necessarily have notice of the second mortgage, although it must be admitted that non-investigation of the title is in some instances deemed crassa negligentia, amounting to constructive notice of facts which would presumably have been disclosed if inquiry and investigation had been made. Refer to Worthington v. Morgan, 16 Sim. on the last point. LAW LIBRARY. Paterson's Practical Statutes. The Practical THIS new volume of a publication which has LAW SOCIETIES. HULL LAW STUDENTS' SOCIETY. At the usual weekly meeting of this society held on Tuesday evening last, the following point (noticed in last Saturday's LAW TIMES) was argued by the members: "A. advanced to B. 2007., receiving from him the following memorandum: 'In consideration of 2001. this day advanced to me by A., I undertake to execute to him a bill of sale of all my effects whenever required by him so to do.' Some months afterwards a bill of sale was executed reciting the memorandum; and subsequently B. became bankrupt, the adjudication being within twelve months from the date of the memorandum. Is the bill of sale void as against assignees in bankruptcy?" Mr. Sibree lead in the affirmative, and Mr. Dawson in the negative; the point, after a good discussion, being finally decided in the affirmative. Three gentlemen were elected ordinary members of the society. On Nov. 17 the subject of the president's examination will be "Sale of Goods." Moot Point.-Will a mortgage estate escheat to the Crown on the death of the mortgagee without heirs? In the affirmative, Mr. Cook; in the negative, Mr. Eldridge. LIVERPOOL LAW SOCIETY. The forty-second annual meeting of the members of the Liverpool Law Society was held on the 4th Nov., at the rooms of the Law Association, Cookstreet, Mr. James Thornely, president of the society, presiding. Amongst the other gentlemen present were Messrs. John Yates (vice-president), Squarey, Paget (hon. sec.), Garnett, Gregory, Wm. Radcliffe, Collins, Bird (hon. treasurer), George R. Rogerson, Timpron Martin, Pierce, Richardson, Townsend, Steble, Ryley, Lyon, Bartlett, Newton, Gill, Cooper, R. A. Payne, Jevons, Pinfield, Taylor, Atkinson, jun., Duncan, Burton, E. Banner, E. Harvey, Eden, G. Norris, and W. W. Driffield. The Secretary (Mr. Paget) submitted the following report: "The committee beg to present the report of their proceedings for the past year, being the forty-second year of the society's existence. "Members.-During the last year Messrs. Richd. Foster, Benjamin Bamber Gardner, and Robert Sugden Payne have become members of the society. The society has lost two members by death, viz., Mr. S. O. Husband and Mr. Barton Wrigley. The death of Mr. Edward Guy Deane, one of the trustees of the society, will also be regretted by the society and the Profession. Mr. Taylor, of Wigan, and Mr. S. D. Worship have resigned. Mr. H. Fenwick has also resigned, having left Liverpool. There are now 176 members. Library. The librarian reports that the circu4608 in 1867, and 4236 in 1866. The Liverpool lation of books during the past year is 5348, against Underwriters' Association have deposited in the library bound copies of the London Gazette from 1863 to 1867. These are in continuation of the volumes deposited last year, and the library now possesses a complete series from the year 1803. The committee believing that the old regulation, under which weekly publications were not allowed to be removed from the library until they were a week old, and other serials until they were a month old, was unnecessarily stringent, have made a new regulation under which the LAW TIMES, Solicitors' Journal, and Weekly Reporter are allowe to circulate between 5 p.m. and 10 a.m. of the next day during the first week, and the Law Magazine and Law Review during the same hours for the first month after publication. After these respective periods they circulate during the same hours as other books, namely, between 3 p.m. and 11 a.m. of the next day. During the current year twentytwo works (exclusive of reports, &c.) have been purchased by the society; and the following volumes have been presented to the society in an addition to the London Gazette noticed above: "The Kedge Anchor, or Young Sailors' Assistant," by W. Brady (American), and "Celebrated Trials," 2 vols., from Timpron Martin, Esq., and "Charley's Handy Book of the Law of London Cabs and Omnibuses," from the author. Finances.-The committee are happy to state that the finances of the society are in a very satisfactory position, the funds collected having been more than sufficient to meet the expenses of the financial year. The new law relating to subscriptions has answered its end so well that not more than eight members have incurred the penalty of fines for delay in the payment of their subscrip tions. The Legislation of the past Session.-During the past session very little alteration has been effected in the statute law. Indeed only two considerable legal measures have been passed, one for vesting Admiralty jurisdiction in the County Courts, and the other to amend the existing bankruptcy law. The Lord Chancellor introduced bills, containing about six hundred sections, to effect a complete change in the law of bankruptcy, one part of which consisted in abolishing imprisonment for debt on final process. After the bills had undergone some amendments in committee, they were withdrawn on the 11th May, on the ground that it was then too late in the session for so large a measure to pass. "Bankruptcy Act 1868.-Upon the withdrawal of the Chancellor's Bill, Mr. Moffatt and others introduced a short Bill into the House of Commons intended to remedy the most glaring defects of the Act of 1861. The committee petitioned against it, believing that though some of the alterations proposed would be beneficial, others would be very mischievous, and also because they deprecated hasty and patchwork legislation upon so important a subject. It soon appeared, however, that the Bill was strongly supported, and some very objectionable clauses (which were to prevent the bankrupt from being allowed to file his own petition) having been expunged in committee, no further attempt was made to oppose the Bill, and it is now law. Under this Act, which came into operation on 11th Oct., in order to register a creditor's deed there must be delivered to the registrar, in addition to what is required under the Act of 1861, a list of debts and liabilities and a statement of assets; and no creditor is to be reckoned in the computation of number and value unless he proves his debt by affidavit or declaration which is to be filed with the chief registrar. The value of securities held by creditors is to be deducted in the computation. Further facilities are given for the examination of debtor or creditor, and general in such a way that upon an order in council being made appointing the Liverpool County Court to have admiralty jurisdiction, the Court of Passage obtains the like jurisdiction. It is thus left optional to proceed in either court, and the committee venture to hope that this will be considered a satisfactory arrangement, and that it may be regarded as an instalment of a much larger local admiralty jurisdiction. Under this Act (which has an immediate operation) the Queen in Council is empowered, on the representation of the Lord Chancellor, to appoint any County Court to have admiralty jurisdiction, and to assign to that court as its district for admiralty purposes, any parts of any County Court districts with the parts of the sea adjoining, not exceeding three miles from the shore. The extent of jurisdiction is limited (1) in salvage, to cases in which the property saved does not exceed 10001, or in which the claim does not exceed 3001.; (2) in towage, necessaries, or wages, to claims not exceeding 1501.; (3) in damage to cargo, or by collision, to claims not exceeding 300l.; and (4) to cases exceeding the above amounts where the parties agree that the County Court shall have jurisdiction. In cases of salvage, tow. age, or collision, the County Court judge may have the assistance of two nautical assessors. Persons taking proceedings in the Admiralty Court or in a Superior Court, who shall not recover more than the limit of the jurisdiction of a County Court, are not to be entitled to costs, and are liable to be condemned in costs, unless the judge certifies. No arrest of a vessel or property is to take place in County Court cases (otherwise than in execution), unless evidence be given to the satistion of the judge or registrar, that it is probable that the vessel or property will be removed out of the jurisdiction of the court before plaintiff's claim is satisfied. General orders and a scale of costs are to be made. Neither your committee nor the representatives of the Chamber of Commerce and other local associations are disposed to accept this as a final measure. On the contrary, joint representations have been made by your committee and these bodies to the Judicature Commisof unlimited jurisdiction, with power to the sioners, suggesting a Local Registry in Admiralty registrar to act as judge in minor cases; and that for despatch of the rest of the business a judge of the Court of Admiralty should come to Liverpool on circuit eight times a year. The committee desire to record their thanks to the committees of the Liverpool Chamber of Commerce, the Underwriters' Association, and the Shipowners' Association, for their assistance and co-operation with regard to this question of local jurisdiction. It is manifest that when several local associations are agreed upon the course to be followed, and make united representations to Government officials or members of Parliament, a more patient hearing is secured, and the chance of success is far greater than if each association acts individually and without concert. The committee also desire to express their thanks to the borough members for their great attention during the progress of legal measures in which the society were interested. It should be also mentioned that when the County Courts Admiralty Jurisdiction Bill was in Committee in the Commons, Sir Robert Collier 'County Courts Admiralty Jurisdiction Bill.gave notice to move for a clause making barristers When this Bill was introduced into the House of eligible for the registrarship of a County Court. Commons, your committee, in conjunction with This is one of the very few offices for which attorrepresentatives from the Chamber of Commerce; neys are exclusively eligible, and your committee, the Underwriters' Association and the Shipowners' as well as those of other societies, placed themAssociation, were of opinion that it was undesir-selves in instant communication with their friends able to create new Admiralty jurisdiction pending in Parliament, the result of which was that the the report of the Judicature Commissioners. clause was abandoned. They accordingly petitioned against the Bill, with an alternative prayer for the insertion of a clause conferring the jurisdiction in Liverpool on the Court of Passage instead of the County Court, upon the principle of the clause sanctioned by Her Majesty's Government when the Bill of last year was in committee. These views were also urged by a deputation from the society at an interview with the Vice-President of the Board of Trade; but it appeared that the desire for passing the measure was so strong, especially from the representatives of the north-eastern ports, that opposition became useless; and with the assistance of Mr. Graves a special clause, giving the jurisdiction in Liverpool to the Court of Passage instead of the County Court, was introduced into the Bill as it left the Commons. When the Bill stood for committee in the Lords, the Lord Chancellor gave notice that he should move a clause which would virtually leave it optional with the Privy Council, on his recommendation, to confer the jurisdiction in Liverpool, either on the County Court or the Court of Passage, or both. Lord Chelmsford gave notice to omit the Liverpool clause altogether. A deputation from the society, with the Mayor and Town Clerk, and the representatives of the Chamber of Commerce and other associations, waited upon the Duke of Buckingham, the Lord Chancellor, and Lord Chelmsford, to whom they were introduced by the borough members, and the result was, that the clause was modified orders have been issued. 66 "Fees for swearing affidavits, &c.-The committee having found it necessary to make an alteration in the scale of fees published in 1863, issued a revised and enlarged scale in April last, a copy of which was sent to each member. "Entry of causes at assizes.-The committee being anxious to promote the encouragement of an early entry of causes, by securing to those who entered first a choice in what part of the list their causes should stand, instead of compelling them to enter at the head of the list, called the attention of Mr. Harris, the deputy-prothonotary, to the subject at the spring assizes. Mr. Harris fell into the spirit of the suggestion, and framed some draft rules for carrying out the proposed change. These having been approved by the committees of this society and the Manchester Law Association, were afterwards sanctioned by the judges, and carried into effect at the summer assizes. "Dinner to the mayor.-The mayoralty of Liverpool during the current year having been held by Mr. Edward Whitley, a member of the society, a dinner was given in the name of the society in his honour, at the Law Association Sale Rooms. About one hundred gentlemen sat down, and the company included the Vice-Chancellor of Lancashire, and other local judges and magis trates. "Timpron Martin and Atkinson Prizes.-The examiners having reported that there was no candidate from Liverpool or Preston in the year 1867 who was, in their opinion, entitled to honorary distinction, the Council of the Incorporated Law Society have withheld these medals. "Relation between the two branches of the Profession.-Upon the invitation of the Leeds Law Society a meeting was held at Leeds in September upon this subject, which was attended by deputations from your society, and from Manchester Birmingham, Hull, and Newcastle. The discussion of this question was greatly assisted by a paper written by Mr. W. A. Jevons, in anticipation of the meeting, and which was printed by order of the committee, and circulated amongst is believed that the members are already in possesthe delegates who were to attend the meeting. It sion of the resolutions unanimously passed at the meeting. In the evening the gentlemen forming the deputations were entertained at dinner by the Leeds Law Society. “Miscellaneous-Proposed incorporation of the society.-At the general meeting of the society, held ist Nov. 1865, a resolution was carried to the effect that the committee be instructed to consider whether it would not be expedient to incorporate the society by charter or otherwise. At that time, however, the only means of satisfactorily effecting this object was by special Act of Parliament or Royal Charter, and as it was ascertained that the expense attendant upon incorporation by either of these means would be very great, the matter was not further proceeded with. A recent enactment, however, meets the difficulty which then existed, for by the 23rd section of the Companies Act 1867 (30 & 31 Vict. c. 131), it is enacted as follows:- When any association is about to be formed under the prin cipal Act as a limited company, if it proves to the Board of Trade that it is formed for the purpose of promoting commerce, art, science, religion, charity, or any other useful object, and that it is the intention of such association to apply the profits, if any, or other income of the association in promoting its objects, and to prohibit the p: yment of any dividend to the members of the association, the Board of Trade may by licence, under the hand of one of the secretaries or assistant secreCounty Courts Act 1867-Rules and Costs.- taries direct such association to be registered with Drafts of the proposed new rules and scale of limited liability without the addition of the word costs were sent by order of the committee of limited' to its name and such association may be County Court judges to various law societies for registered accordingly, and upon registration shall suggestions, and your committee accordingly enjoy all the privileges and be subject to the obli availed themselves of the opportunity of for- gations by this Act imposed on limited companies, warding some remarks upon the proposed rules with the exceptions that none of the provisions of and scale of costs. The committee regret that this Act that require a limited company to use the increase the present scale of costs in matters publish its name, or to send a list of its members, as any part of its name, or to the County Court judges were not enabled to word 'limited directors, or managers, to the registrar, shall under 201. not coming under sect. 2 of the Act. "Court of Passage-New assessor. On the apply to an association so registered."-The comoccasion of the new assessor (Percival A. Picker-mittee being of opinion that it would add considering, Esq.) taking his seat (3rd Jan.), a deputation ably to the weight and influence of the society to from the committee attended the court, and the status, perpetual succession, and a common seal, become incorporated, and thus to acquire a legal president offered some congratulatory remarks in entered into correspondence with the Board of the name of the society and the attorneys of Trade to ascertain the terms on which the necesLiverpool, to which the learned assessor gracesary licence would be granted. The Board of fully responded. Trade, having seen the laws of the society, are now prepared to licence the registration of the society upon the execution of a memorandum of associa tion, setting forth the objects of the society, and of articles of association which will in fact be the laws of the society, varied or not as they may be by the decision of the annual meeting upon the proposed alterations. In case of the winding-up of the society the liability of members is limited to 51. The opinion of Mr. W. M. James, Q.C., has been taken as to the mode in which the change shall be made, and resolutions, framed in accordance with his opinion, will be submitted by the 66 Authority to receive purchase-money. -In January the president, at the request of the committee, addressed a circular to members, calling their attention to the case of Viney v. Chaplin, 2 De G. & J. 468, and recommending that in all cases where a vendor did not attend personally to receive his purchase-money, the purchaser's solicitor should require a written authority, signed by the vendor, before paying the purchase-money to the vendor's solicitor. This cireular was accompanied by the form of authority recommended by the committee. committee to a special general meeting, which will be held at the close of the annual meeting. Chancery of Lancashire-Registrar's-office.For several years the committee have been urging upon the corporation the removal of the district registrar from the gloomy and inconvenient office in South John-street, to better offices in a more central part of the town. The committee are now in a position to state that arrangements have been made by the finance committee, by which ample accommodation for the district registrar and his staff will be afforded in the Town-hall. Alteration of Laws.-The committee having carefully considered the laws of the society, will recommend several alterations therein, which are referred to in the notice convening the annual meeting. Although not coming strictly within the province of this report, the committee may mention that they are informed that the Law Students' Debating Society, which was commenced about two years ago under the auspices of the then committee of this society, now numbers forty-six members. Their meetings, of which they have had twelve this year, are held fortnightly in the law library. The committee are glad to learn that this society is now firmly established, and in a very satisfactory position, both as regards the number of members and the attendance and interest of the meetings. "The retiring members of the committee are Messrs. C. C. Deane, Thomas Dodge, Henry Jenkins, William Radcliffe, James Thornely, William Wareing, and Edward Whitley, none of whom are eligible for re-election." to carry on all the interlocutory and routine matters, hitherto been debarred. As to in salvage cases to 1000l. and in towage and The President said :-Before proceeding to the business of the meeting, I think I shall echo the feelings of the members of the Law Society if I Mr. John Yates seconded the motion, and called express the regret we feel that one of our trustees, attention to some of the prominent matters in the who was a member of the society at its com- report which had been accomplished during the mencement, and who was president in the year past year. The first was that which referred to 1836, has passed away-I allude to the death of the Bankruptcy Act 1868. When Mr. Moffatt's Mr. Edward Guy Deane. (Hear, hear.) Gentlemen, Bill was first introduced into the House of Comin moving the adoption of the report, it will be mons the committee was of opinion that, although unnecessary for me to recapitulate the various there was some good in it, there was such a small matters treated under the different heads of the modicum of advantage in the Bill that they should report. I will claim for the committee that during oppose it. There was, however, on the east coast their year of office they have done a fair amount of of the island a very strong opinion and feeling that practical work. (Hear.) There is one matter which it should pass, and it did pass. Although not I should like to refer to in a few words in connec- a very good Bill, there were in it some things which tion with the proceedings of the past year, and it were exceedingly good and beneficial, and likely is this: we have during the past year acted in co- to prove so to the community at large. The value operation with various delegates representing the of securities held by creditors is in future to be mercantile associations of the town-the Chamber deducted in the computation of the value in order of Commerce, the Underwriters' Association, and to register a creditor's deed, and this he regarded other bodies; and we have derived from such co- as a very valuable protection to the public. (Hear, operation very great assistance and very great hear.) In the state of the law prior to that Act pleasure. (Hear, hear.) I have been present on many parties who failed for enormous amounts several deputations with the representatives of were enabled to carry composition-deeds. There the mercantile bodies, and it seems to me that as were several cases where parties owing half a to persons who are now in high places, the Lord million of money, nine-tenths of which were for Chancellor, and other leading members of the secured debts, were enabled to effect deeds of Alministration that when we go to redress any composition. In fact, there were some very extramatters of local abuse, or to reform any matters of ordinary cases where a good many people believed practice in the administration of local matters in that the parties should have been taken down to the Liverpool, we are very greatly strengthened Bankruptcy Court and passed through that tribunal if we go with what I may call the repre- in the same way that people generally were who sentatives of the client interests as well as failed in business. The law, however, was such at with the representatives of the legal practhat time that the object of the simple contract titioners. (Hear, hear.) It is not so much a matter creditors was defeated. The evil was remedied by of how to approach those high officials; but the the new Act, and, imperatively speaking, that members of the Government and the legal officers might be considered a great boon. On the subject seem rather to seek the counsel and instruction of of the Admiralty Jurisdiction Bill the committee the Law Society and of the representatives of took a very active part, and he must, in common the mercantile bodies. (Hear, hear.) Another justice to his own feelings, say that they received mitter which I should like to refer to before a very great amount of service from Mr. S. R. moving the adoption of this report, is a matter Graves, M.P. (Hear, hear.) No one could have which has prompted and governed a good deal of thrown himself into the subject with more zeal the action of the committee during the past year. and energy, or devoted more time towards the It is this consideration-that we have here in furtherance of the objects of the committee than Liverpool a population of something like half a Mr. Graves. (Hear.) Speaking for himself in million of people, and that of that half a million a particular, ani for the committee generally, he great proportion-a greater proportion than in any might say that the society owed agreat debt of other community in England, not excepting gratitude to Mr. Graves for his admirable services Ms. Townsend seconded the motion, and said he London-consists of persons engaged in mer- in respect to this Bill. (Loud applause.) After cantile pursuits, those pursuits leading to most a considerable amount of difficulty in the Commons in dealing with a very delicate subject the rela admired the great talent displayed by Mr. Jevons important matters which come under the notice of the committee got a clause to their own satisfaction between the two branches of the Profession, our courts, and also matters requiring great tion introduced, but the Lords threatened not only although he might differ from him on portions of promptitude in procedure. (Hear, hear.) Now, to strike out the clause, but to strike out all refe- the subject. The society must feel that whilst gentlemen, it does seem to me that at this day we rence to the Court of Passage at Liverpool; but they had such a committee as that of which Mr. are a little behind-hand, having such a community the committee had various interviews with dif- Jevons was a member, they need not fear for comin point of population and influence, and consider- ferent people, who gave them a sort of compromise petition with the Bar on the part of the other ing the importance of the business transactions, a sort of concurrent jurisdiction with the County branch of the Legal Profession. (Applause.) and the disputes arising out of them carried on in Court. Now, he entertained no doubt whatever Liverpool-it does seem to me something of an that in the race between the two courts the Court anomaly that we should be obliged, whenever we of Passage would, substantially, have the whole of put in motion the procedure of the higher courts, the jurisdiction. (Hear, hear.) The Profession to resort to London (Hear, hear)-something like themselves would see the importance of that, thirty-six hours elapsing between the instruction and they would, no doubt, give all their busi to take initiatory steps in an action, and in en- ness to the Court of Passage. (Hear, hear.) forcing those instructions. The telegraph, it is true, Although the Act was said to be in operation, does something to lessen the evil; but in impor- it was not and could not actually come into tant cases who trusts to a telegram? Gentlemen, the operation until the orders in council were drawn delay, expense, and inconvenience to which I have and passed. He therefore suggested that a comreferred, have forced upon the committees the munication should be immediately made to the Mr. James Thompson and Mr. Wm. Dixon were, conviction that we ought to have in Liverpool loca Chancellor who had to settle the orders, that on ballot, admitted members of the society. registries, by which we could initiate the proced- that should be done at once. The new juris- The society then proceeded to consider several ings in the Superior Courts and Court of Admiralty, diction was very important, although limited' proposed alterations in the laws of the society, The treasurer's accounts were unanimously agreed to on the motion of the chairman, seconded by Mr. Eden. Mr. R. A. Payne moved a cordial vote of thanks to the officers and committee for their services during the past year. The labours of Mr. Jevons especially had been onerous, and although they could not all agree with his opinions and sugges tions, yet they would thank him most heartily for his labours. (Hear, hear.) The motion was carried by acclamation. The Chairman acknowledged the compliment, and said he only wished a special vote of thanks had been presented to the secretary, who really bore the heat and burden of the business of the committee. (Applause.) The following gentlemen were appointed members of the committee to fill up vacancies, viz., Messrs. Squarey, Hull, Lowndes, Maddock, Bateson, Payne, and J. B. Wilson. |