and premises comprised in the said herein before recited indenture of, &c., to hold the same unto the said E. F., his executors, administrators, and assigns, for the residue of the said term of years, created by the said hereinbefore recited indenture of lease, but subject to the said indenture of, &c. [first mortgage], and to the payment of the principal moneys and interest intended to be thereby secured upon trust, to sell and receive the purchase-moneys, and apply the same (after satisfying the costs and expenses of the now reciting indenture and the costs of sale) in payment of the sum therein mentioned and interest thereon, and also such other moneys (if any) as might be advanced by the said E. F. to or on account of or might become due to him from or by the said C. D., his executors or administrators, with interest, and to pay any surplus of the said moneys unto the said C. D., his executors, administrators, or assigns.

125. Recital of no sale having taken place under power contained in mortgage. Whereas no sale has taken place under or by virtue of the trust for sale contained in the lastly recited indenture.

,

127. Recital of appointment of creditors' assignee. Whereas the said A. B. was, on the day of 18 duly elected by the creditors, and appointed by the Court of Bankruptcy for the district creditors' assignee of the estate and effects of the said C. D.

128. Recital of a contract and subcontract for sale. Whereas the said A. B. has agreed with the said C. D. for the sale to him of the said piece of land, buildings, and premises for the residue now unexpired of the said term of years, with the appurtenances free from incumbrances at the price of £ and the said C. D., without having taken any assignment to himself, has agreed with the concurrence of the said A. B. to assign all his right and interest in the premises unto the said

E. F.

£ are now due and owing to the said A. B. and C. D. respectively, but all interest for the same has been paid up to the date of these presents, and it has been agreed that such sums respectively shall be paid off out of the said purchase-money

or sum of £

and that the said A. B. and

C. D. shall join in these presents in manner hereinafter appearing.

130. Recital of a contract with party deceased. Whereas the said A. B. some time since agreed with C. D., now deceased, for the absolute sale to

him of the said hereditaments subject as herein

after mentioned for the sum of £ which sum was paid by the said C. D. in his lifetime to the said A. B. as he doth hereby admit, but no conveyance of the said hereditaments was made to the said C. D.

131. Recital of a will and devise of residue. Whereas the said A. B. duly made and executed his last will in manner then by law required for passing freehold estates by devise (a)], dated, &c., whereby, after making certain specific devises and bequests as therein contained, he gave, devised, and bequeathed all the rest, residue, and remainder of his estate and effects whatsoever and whereso

ever, real and personal, unto the said C. D., his heirs, executors, administrators, and assigns upon certain trusts thereinafter mentioned concerning the same.

132. Recital of codicils not affecting general devise. Whereas the said testator made two codicils to his said will dated respectively, &c., but neither of such codicils affected the general devise of the

residuary real and personal estate made by the

said will.

134. Recital of request to convey. Whereas the said A. B. has requested the said C. D. to convey and assure to him the fee simple and inheritance of the hereditaments so contracted to be sold to the said E. F., deceased, which the said C. D. has agreed to do subject as hereinafter mentioned.

135. Recital of a judgment obtained against mortgagor. Whereas the said A. B. is indebted to the said C. D. in the sum of £ for which sum the said A. B. has obtained a judgment against the said C. D. in Her Majesty's Court of and the said C. D. has applied to the said A. B. to forbear issuing an execution thereon which he has agreed to do upon having the payment of the said debt with interest secured in manner hereinafter appearing.

136. Recital of an action having been commenced against mortgagor.

Whereas the said A. B. is indebted to the said

C. D. in the sum of £ and the said C. D. having applied to him for payment of the same sum, but without effect, the said C. D., on the day of 18 commenced an action against the said A. B. in Her Majesty's Court of which action the said C. D. has consented to stay on the said A. B. giving security for the payment of the said sum of £ and interest for the same in manner hereinafter appearing.

137. Recital of liability on promissory notes. Whereas the said A. B. has become liable to Y. Z., on a promissory note for £ and interest payable on demand, at the request of and as surety for and jointly with the said C. D., and is also liable on another promissory note to the said Y. Z. for the sum of £ and interest payable and made in like manner, and the said A. B. having required security for the payment of any moneys which he may at any time be required or called upon to pay to the said Y. Z., or to any other person or persons for or on account of the said C. D., in respect of the said promissory notes respectively or otherwise, the said C. D. has agreed to give such security in manner hereinafter appearing.

138. Recital of a policy of life assurance. Whereas by a policy of assurance, dated, &c., the Assurance Company assured to the said A. B. the sum of £ to be paid to his executors, administrators, or assigns, within months next after satisfactory proof of the death of him, the said A. B., at or under the annual premium of £

calendar

138*. Recital of a mortgage of policy of life

assurance.

Whereas by an indenture dated, &c., and made between the said A. B. of the one part, and C. D. of the other part, in consideration of the sum of then due by the said A. B. to the said C. D., the said A. B. did assign and transfer unto the said C. D., his executors, administrators, and assigns the said policy and all sums of money which should or might at any time become payable under or by virtue thereof, subject to redemption on payment by the said A. B., his executors, administrators, or assigns to the said C. D., his executors, administrators, or assigns of the said sum of £ with interest after the rate of £ per cent. per annum, without deduction. 139. Recital of a contract for purchase of policy of life assurance. Whereas the said A. B. hath contracted and agreed with the said C. D. for the absolute sale to him of the said policy of assurance, and the moneys and advantages thereby secured free from incumbrances at the price of £

(To be continued.)

taken over by a limited company, in which G. was an original shareholder, and the bills were drawn on G. by S. and K., and the advances carried to S. and K.'s account with G. and Co. their bankers, it was not enough, in the face of such a declaration as is mentioned above, to substitute the company for S. and K., that G. applied to the company for payment of interest due, and received it from the company, and that the banking balance of S. and K. in G. and Co.'s books was carried over to the credit of the limited company: (Re Smith, Knight and Co., 20 L. T. Rep. N.S. 835. L. JJ.)

COMPROMISE BETWEEN CREDITORS AND CONTRIBUTORIES.-In prospect of litigation, a scheme contributories was proposed and assented to by the for a compromise between the company and the majority, but there were a few dissentients-the terms were that the creditors should accept 17s. in the pound. The court held that it had power to sanction such a compromise: (Re Commercial Bank of India, 20 L. T. Rep. N. S. 839. M. R.) ULTRA VIRES-MISAPPROPRIATION OF FUNDS -REPAYMENT. — The objects of a joint-stock company (limited) were declared by the articles of association to be "for carrying on the business of a bill broker and scrivener, the drawing, accepting, endorsing, discounting and rediscounting bills of exchange and promissory notes; the making advances and procuring loans on, and the investing in, securities; the borrowing and lending of money, the guaranteeing payment of bills of exchange, promissory notes, and advances, and the doing all such things as the directors should consider incidental or conducive to the attainment of the above objects. The company, by a resolution of the board of directors, agreed to assist a joint-stock banking company by taking 3000 shares in such banking company, and as a consideration for a transfer and registration of those shares to nomithey drew cheques amounting to 30,000l. on the nees of the directors of the discount company, bankers of the company, which were duly paid. This transaction the directors alleged was duly entered into with a view of promoting and increasing the business of their company, but the

true character of the transaction was not entered

in their cash book, but was described as "loans" to the banking company: Held, that such a transaction was ultra vires of the directors of the Discount Company: Held also that it was a breach of trust, and the 30,000l. paid into court by the defendants, the directors, forthwith: (London Joint-Stock Discount Company v. Brown, 20 L. T. Rep. N. S. 844. V.C.J.)

LIABILITY OF RAILWAYS NEGLIGENCE. B., a passenger, while trying to fasten the door while the train was in motion, fell out and was injured. The fastening was in an improper state. But it was held not to have been negligence so directly the cause of the accident as to make the company responsible, or to be a case for the consideration of the jury: (Adams v. The Lancashire and Yorkshire Railway Company, 20 L. T. Rep. N. S. 850. C. P.)

LIABILITY OF SUBSCRIBERS OF A MEMORAN DUM OF ASSOCIATION.-The Master of the Rolls has just decided in Pell's case, re Heyford Iron Works Company, a point as to the liability of subscribers to a memorandum of association. Mr. Pell, who was the owner of the Heyford Works, subscribed the memorandum for 1500 shares of 201. each; but inasmuch as by the articles of association, part of the price of the works was to be received in 1350 paid-up shares, he contended that he was only liable as a contributory on 150

JOURNAL.

NOTES OF NEW DECISIONS. WINDING-UP-COMPANY TAKING OVER A BUSINESS-CREDITORS OF THE OLD FIRM.-Where a new partner is introduced into an established firm, or a new firm is constituted in place of it, and a creditor, with knowledge of all the facts, continues his dealings with the firm, his assent to a substitution of the liability of the new firm for that of the old will be inferred upon slight circumstances; but slight circumstances will not lead to any such inference in a case where the creditor has, four months after the substitution of the new firm, distinctly asserted that his dealings were with the old firm exclusively, and that he has no knowledge of the new firm in the transaction. And where advances were agreed to be made by G. to S. and K., whose business was, after the payment of the first advance,

he subscribed the memorandum. The Master of the Rolls took a different view, holding in effect that the signature to the memorandum made him liable, and that the mention of the 1350 shares in the subsequent articles of association must be taken as a subsequent matter. The idea of promoters, we fear, has hitherto been with Mr. Pell; but more care will in future be taken of what is done in memorandums, with the effect of diminishing perhaps the worst class of such undertakings.

WHAT IS LACHES IN A COMPANY.-According to a decision of Vice-Chancellor James-Re the European Central Railway Company (Parsons case) a company may suffer by laches in rectify. ing the register as well as the individual shareholders. In this case Mr. Parsons had executed a transfer of twenty shares to one Spong--a lad of 16, employed as a messenger in a bank at 12s. per Nov. 1864, two months after the transfer, the week-to whose acceptance as a shareholder, in directors of the company intimated their objec tions. In May 1865, however, they sued Spong for calls unsuccessfully, the plea of infanoy being

taken; and no further steps were taken till in Jan. 1868, the company was ordered to be woundup. The attempt was now made to make Parsons liable, but it was held that the proof of laches was conclusive, and the summons against Parsons was dismissed. The decision of Vice-Chancellor Stuart, in Re the Ottoman Financial Association (Limited) (Cheetham's case), is apparently in a contrary direction to this on the very same point, what is laches in a company? The plaintiff, Mr. Cheetham had in June 1865 sold fifty shares through his broker to Mr. White, who paid a call of 51. per share in November following. On 6th March 1866 a resolution for winding-up was agreed to, and on the 3rd Nov. following Mr. White paid a call of 51. by the official liquidator. The present case arose out of a third call in April 1868, which Mr. White was unable to pay. The official liquidator discovering, according to his own account in November, according to Cheetham's in July, that White was an infant at the time of the transfer, obtained an order in April 1869, for restoring Cheetham's name to the register. It was urged on behalf of Mr. Cheetham that the sale of the shares had been open and bonâ fide; that the constitution of the company provided for an infant being a shareholder; and that, after having treated Mr. White, who did not, now that he was of age, repudiate his liability as a shareholder for two years and upwards, the company were too late in the steps they had taken against himself." But, notwithstanding, the Vice-Chancellor did not consider there had been such laches on the part of the company as to constitute acquiescence. The case is undoubtedly weaker than the one have just noticed, but the difference of the judgment may show the difficulty of drawing the line between circumstances which imply laches and

those which do not.-Economist.

MERCANTILE LAW.

we

NOTES OF NEW DECISIONS. BILLS OF EXCHANGE-PRIVITY.-The plaintiffs were the drawers of a bill of exchange for 7381. 17s. 6d., at four months, which was accepted by K. The defendants were K.'s bankers, carrying on business at Rochdale, and the plaintiffs alleged that it was K.'s custom, whenever moneys or drafts were paid by him to his current account, to direct that such moneys should be placed to the credit of that account, but that whenever he paid moneys for the specific purpose of meeting bills of exchange, it was customary for him to pay such moneys with an understanding to that effect. When the bill became due, K., requiring funds to meet it, applied to the plaintiffs, who advanced him 150%, and this sum, together with the balance of the amount due, was paid into the defendants' bank at Rochdale, by K.'s clerk, the day before the bill became due at the London agents of the defendants' bank, with an advice note of the bill, and with a request to the defendants to order payment thereof, and the defendants so advised their London agents. On the following day, however, the defendants heard of the sudden death of K., who was at the time indebted to them upon his general account in about 5000%, and they immediately telegraphed to London to stop payment of the bill, which was returned to the plaintiffs dishonoured, and was afterwards paid by them. They instituted this suit for a declaration that the defendants received the amount of the bill upon trust, that it was their duty to have applied the same in payment of the bill, and that they were liable to make good the amount, and indemnify the plaintiffs against all damages and costs occasioned by the dishonour of the bill. Bill dismissed, the court holding, in accordance with Moore v. Bushell, 27 L. J. 3, Ex., that there was no privity between the drawers of the bill and the bankers, but expressing its opinion that on the merits of the case it was wholly against the conduct of the defendants in causing the dishonour of the bill: (Hill v. Royds, 20 L. T. Rep. N. S. 842. V.C. M.)

LAW OF DEBTOR AND CREDITOR.-Post-nuptial ettlements, if the Bankruptcy Bill becomes law, ill be subject to more stringent regulations than before; but the case of Hammonds v. Barrett, just decided by Vice-Chancellor Stuart under the ld law, may nevertheless be of interest. It shows at least the strength of the anxiety which people in trade have to avoid paying their creditors, and to secure the profits of trade without extreme risk to themselves or their families. The settlement in this case was of 40001. by a brother of Mrs. Barrett, and of 9901. brought in by Mr. Barrettpart of what had been a legacy to Mrs. Barrett. The settlement was to Mrs. Barrett for life and to

Mr. Barrett for life or until he became bankrupt; and it was contended in the bankruptcy that as to the 9901. at least he could not so settle it as to retain an interest defeasible on the bankruptcy. The Vice-Chancellor, however, held that he could do so as the money had been his wife's, and the brother of Mrs. Barrett was fairly entitled to ask in settling 40007. that that money also should go to the children in the event of Barrett's bankruptcy. In this way the creditors are made to lose for the benefit of a bankrupt's wife and children. The law may be erroneous which gives a husband all his wife's property, but we do not like its being got rid of by a side-wind, and a settlement allowed where a settlement of the husband's own property would be prevented. If equities are to be regarded the creditors have quite as good a claim for consideration as the wife and children, and we are inclined to think a better claim. On general principles the law should discourage as much as possible the ingenious processes by which a man's family is separated from his risks, and by which it is contrived that he shall himself avoid suffering.-Economist.

MARITIME LAW

not expedient to dispense with any terms for such students except on the following conditions, viz. : "1. That students from India do satisfactorily pass an examination in Hindu and Mahommedan law, the Indian Penal Code. the Code of Civil Procedure, the Intestate and Testamentary Act, and in such other codes or Acts as may from time to time become law in British India; and, in addition to such examination, do pass such examinations, and abide by all such rules and regulations as are now in force for students seeking a pass certificate, by examination, for call to the Bar.

"2. That students from the colonies do pass such an examination as is required, and do abide by all such rules and regulations as are now in force, in order to obtain a certificate of honour. "3. Provided that each of the four Inns of Court be at liberty to dispense with the above conditions in such very special circumstances as they may think fit, and that such circumstances be stated in the certificate of call to the Bar given to every such student. The Benchers of each Inn, subject to the foregoing limitations, being guided, in the dispensations of terms, by the circumstances of each particular case."

Rules for the Examination of Candidates for Honours, or Certificates, entitling Students to be called to the Bar.

An examination will be held in next Michaelmas Term, to which a student of any of the Inns of Court, who is desirous of becoming a candidate for a studentship, an exhibition, or honours, or of obtaining a certificate of fitness for being called to

the Bar, will be admissible.

SALVAGE. In the case of the Ganges, where there was a question of the distribution of salvage, the Admiralty Court have supported the custom of the Great Yarmouth Standard Steam Tug Company to divide salvage among the entire fleet. The fleet is specially maintained to save vessels. The question arose through the temporary employment of the plaintiff as master of the ship when the services were rendered; but it was proved that he was cognisant of the custom, and it was applied to him, the court, after permissible under the Merchant Shipping Acts. some hesitation, affirming that the practice was

LAW STUDENTS' JOURNAL.

GENERAL EXAMINATION. MICHAELMAS TERM 1869. of the following rules for the general examination The Council of Legal Education have approved of students of the Inns of Court.

The attention of the students is requested to the following rules of the Inns of Court:

"As an inducement to students to propose themselves for examination, studentships shall be founded of fifty guineas per annum each, and twenty-five guineas per annum each respectively, to continue for a period of three years, and one such studentship shall be conferred on the most distinguished student at each general examination, and one such exhibition shall be conferred on the student who obtains the second position; and further, the examiners shall select shall have passed the next best examinations; and and certify the names of three other students who the Inns of Court to which such students as aforesaid belong, may, if desired, dispense with any terms, not exceeding two, that may remain to be kept by such students previously to their being called to the Bar. Provided that the examiners shall not be obliged to confer or grant any studentship, exhibition, or certificate, unless they shall be of opinion that the examination of the students has been such as entitles them thereto."

"At every call to the Bar those students who have passed a general examination, and either obtained a studentship, an exhibition, or a certifi. cate of ho our at such examination shall take rank in seniority over all other students who shall be called on the same day."

"No students shall be eligible to be called to the Bar who shall not either have attended during one whole year the lectures and classes of two of the readers, or have satisfactorily passed a public examination."

"That not more than four terms under any circumstances be dispensed with in favour of students coming from India, or the colonies, with a view to return to residence there, and that it is

The examination will commence on Thursday, the 28th October next, and will be continued on the Friday and Saturday following, except as regards Hindu Law, &c., to be held on Monday, the 1st Nov.

It will take place in the hall of Lincoln's-inn; and the doors will be closed ten minutes after the time appointed for the commencement of the examination.

The examination by printed questions will be conducted in the following order:

Thursday morning, the 28th October, at ten, on Constitutional Law and Legal History; in the afternoon, at two, on Equity.

Friday morning, the 29th October, at ten, on Common Law; in the afternoon, at two, on the Law of Real Property, &c.

Saturday morning, the 30th October, at ten, on Jurisprudence and the Civil Law; in the afternoon, at two, a paper will be given to the students, including questions bearing upon all the foregoing subjects of examination.

Monday morning, the 1st November, at ten, on Hindu and Mahommedan law, and on the laws of India.

The oral examination will be conducted in the same order, during the same hours, and on the same subjects, as those already marked out for the examination by printed questions, except that on Saturday afternoon there will be no oral examination.

The oral examination of each student will be conducted apart from the other students; and the character of that examination will vary according as the student is a candidate for honours, or a studentship, or desires simply to obtain a certificate.

be founded on the books below mentioned; regard The oral examination and printed questions will being had, however, to the particular object with examination. a view to which the student presents himself for

In determining the question whether a student has passed the examination in such a manner as to entitle him to be called to the Bar, the examiners will principally have regard to the general knowledge of law and jurisprudence which he has displayed.

A student may present himself at any number of examinations, until he shall have obtained a certificate.

Any student who shall obtain a certificate may present himself a second time for examination as a candidate for the studentship or exhibition, but only at the general examination immediately succeeding that at which he shall have obtained such certificate; provided, that if any student so presenting himself shall not succeed in obtaining the studentship, his name shall not appear in the list.

Students who have kept more than eleven terms shall not be admitted to an examination for the studentship.

The Reader on Constitutional Law and Legal History proposes to examine in the following books and subjects

1. Hallam's History of the Middle Ages, chap. 8. 2. Hallam's Constitutional History. 3. Broom's Constitutional Law.

4. The chief statutes from Magna Charta to that of the Union with Scotland.

5. The principal state trials of the Stuart period. Candidates for honours will be examined in all the above books and subjects; candidates for a certificate in 1 and 3 only, or in 2 and 3 only, at their option.

The Reader on Equity proposes to examine in the following books:

1. Haynes's Outlines of Equity; Smith's Manual of Equity Jurisprudence (last edit.); Hunter's Elementary View of the Proceedings in a Suit in Equity, part 1 (last edit.)

2. The Cases and Notes contained in the first volume of White and Tudor's Leading Cases. The Act to Amend the Law relating to future Judg. ments, Statutes, and Recognisances, 27 & 28 Vict. c. 112. The Act to explain the Operation of an Act passed in the 17th and 18th years of Her present Majesty, c. 113, intituled An Act to Amend the Law relating to the Administration of Deceased Persons, 30 & 31 Vict. c. 69. The Act to remove Doubts as to the Power of Trustees, Executors, and Administrators to invest Trust Funds in certain Securities, and to declare and amend the Law relating to such Investments, 30 & 31 Vict. c. 132; and the Act to Amend the Law relating to Sales of Reversions, 31 & 32 Vict. c. 4. Mitford on Pleadings in the Court of Chancery, Introduction; chap. 1, sects. 1 and 2; chap. 1, sect. 3 (the first six pages); chap. 2, sect. 1; chap. 2, sect. 2, part 1 (the first three pages); chap. 2, sect. 2, part 2 (the first two pages); chap. 2, sect. 2, part 3; chap. 3.

Candidates for certificates of having passed a satisfactory examination will be expected to be well acquainted with the books mentioned in the first of the above classes.

Candidates for the studentship, exhibition, or honours, will be examined in the books mentioned in the two classes.

The Reader on the Law of Real Property, &c., proposes to examine in the following books and subjects:

1. Joshua Williams on the Law of Real Property (seventh edition).

2. The Law affecting Dispositions to Charitable Uses: Corbyn v. French, 4 Ves. 418, and the notes to that case in Tudor's Leading Cases in Conveyancing, pp. 456-506 (second edition).

3. The Act for the Abolition of Fines and Recoveries, 3 & 4 Will. 4, c. 74, and the notes to that Act in Shelford's Real Property Statutes (seventh edition).

4. Covenants for Title and their Construction; Sugden's Vendors and Purchasers, chap. 14, s. 3, and chap. 15, pp. 465-502 (thirteenth edition).

5. Alienation by Will. Josiah W. Smith, on Real and Personal Property, pp. 936-1030 (third edition).

Candidates for the studentship, exhibition, or honours will be examined in all the above-mentioned books and subjects: candidates for a pass certificate in those under heads 1, 2, and 3.

The Reader on Jurisprudence, Civil, and International Law proposes to examine in the following books and subjects:

1. Justinian, Institutes. Book 2, with the notes of Sandars.

2. Lord Mackenzie, Studies in Roman Law (edition 1862). Part 2. The Law relating to Real Rights, pp. 151-182.

3. Justinian, Digest. Book 8, tit. 3. De Servitutibus Prædiorum Rusticorum.

Honours, will be examined in 1, 2, and 3 of the above subjects, and also in

On the Effect of a Testamentary Charge of Debts and the implied Power of Sale thereby created. Advanced Course.

On Marriage and Voluntary Settlements.
In the Elementary Private Classes the Reader

5. Smith's Leading Cases (last edition.) Vol. 2, Elwes v. Mawes; Higham v. Ridgway; Duchess of Kingston's case; Marriott v. Hampton; and Merryweather v. Nixan, with the notes thereto. 6. Smith's Mercantile Law (last edition). "Mer-will endeavour to go through a Course of Real cantile Instruments," so far as regards Bills of Property Law, using as a text book Mr. Joshua Williams' Principles of the Law of Real Property; Exchange and Promissory Notes. and in his Advanced Private Classes he will examine and comment upon cases selected from Mr. Tudor's Leading Cases in Real Property and Conveyancing, and White and Tudor's Leading Cases in Equity.

66

7. Taylor on Evidence (last edition). Part 1, Functions of the Judge," chapters 3, 4, and 5, "Grounds of Belief," and Presumptive Evidence."

The Reader on Hindu, Mahommedan, and Indian Law proposes to examine in the following books and subjects:

1. Sir Thomas Strange's Elements of Hindu Law. 2. Sir W. H. Macnaghten's Principles and Precedents of Hindu and Mahommedan Law.

3. Grady's Hindu Law of Inheritance.

4. Grady's Mahommedan Law of Inheritance and Contract.

5. The Hedaia. 6. Al Sirajiyyah.

7. Civil Procedure Code, by McPherson. 8. The Indian Penal Code, by Starling (1869). 9. The Code of Criminal Procedure, by Starling (1869).

10. The Intestacy and Testamentary Act." Candidates for honours will be examined in all the above books and subjects, but candidates for a pass certificate will be examined

1. In Hindu Law on the following subjects, viz., Adoptlon, Alienation, Stridhana, Inheritance, Partition.

2. In Mahommedan Law on the following subjects, viz., Inheritance and Contracts, Gifts, Dower and Divorce.

3. The Civil Procedure Code. 4. The Penal Code.

5. The Criminal Procedure Code. 6. The Intestacy and Testamentary Act. By order of the Council, EDWARD RYAN, Chairman, pro tem.

Council Chamber, Lincoln's-inn, 15th July, 1869.

MICHAELMAS EDUCATIONAL TERM 1869. PROSPECTUS of the LECTURES to be delivered, during the ensuing Educational Term, by the several Readers appointed by the Inns of Court: CONSTITUTIONAL LAW AND LEGAL HISTORY. The Reader on Constitutional Law and Legal History proposes to deliver, during the ensuing Educational Term Six Public Lectures on the History of the Law of Libel, and of the Laws relating to the Press.

With his Private Class the Reader proposes to go through the cases in Broom's Constitutional Law, illustrating the Duties of the Subject towards the Sovereign, and the Duties of the Sovereign towards the Subject.

1. On Civil Judicial Procedure in General. The Origin of the Feudal System, and its Influence on Judicial Procedure.

2. On the origin of the Superior Courts of Law and Equity.

3. On the History of the Court of Chancery. 4. On Review, Rehearing, and the Appellate Jurisdiction of the House of Lords.

5. On the Principles of Equity Pleading. An Advanced Course.

1. On the Equitable Presumption arising from a

JURISPRUDENCE, CIVIL AND INTERNATIONAL LAW.

The Reader on Jurisprudence, Civil and International Law proposes, in the ensuing Educational Term, to deliver Six Public Lectures on the following Subjects:

1. The Amendment of the Substantive Law by means of the Law of Procedure, as exemplified in the Roman System of Jurisprudence.

2. The History of the Roman Law of Actions. 3. The various Modes of Trial of Actions at different Epochs of the Roman Law, compared with those of the English Law.

4. The Roman Law with respect to the enforcing Legal Judgments by execution against the Goods and Person of the Debtor.

5. The International Rules relating to Capture. In his Private Class, the Reader proposes to continue the consideration of the Law of Contracts, commencing with the Law of Sale, and contrasting it with the English and French Law upon the same subject. The Text-Books will be Sandars' edition of the Institutes of Justinian, and Benjamin's Treatise on the Sale of Personal Property.

The Reader in his Private Class, will continue the discussion of points of International Law relating to "International Rights of States in their Hostile Relations," using the work of Wheaton as the Text-Book, and referring to the works of the principal modern Jurists, the decisions of the Admiralty and Prize Courts of England and America, the Debates in Parliament, and State Papers relating to the cases under discussion.

COMMON LAW.

The Reader on Common Law proposes to deliver, during the ensuing Educational Term, Two Courses (of Six Public Lectures each) on the following Subjects:

Elementary Course.

1. The Nature and Classification of Rights of Action.

2. The Remedies supplied by Courts of Law. 3. The Principal Rules of Evidence observed Civil Procedure. Advanced Course.

1. Rights enforceable by Action.

2. The Rules of pleading observed in the Superior Courts of Law.

3. The Trial of a Cause, particularly as regards the Mode of Proof and Rules of Evidence.

With his Private Classes the Reader will consider the above subjects in detail, exemplify them by cases, and explain them by reference to the following Books and Treatises :

edition), Smith's Leading Cases (last edition), and Elementary Class.-Broom's Commentaries (last Taylor on Evidence.

and Leake's Precedents of Pleadings, Roscoe's Advanced Class.-Selwyn's Nisi Prius, Bullen

Nisi Prius Evidence.

1. Hindu Law.—(1) The Family Relation, (2)

amined in

2. Mahommedan Law.-(1) Inheritance, (2) Contract, (3) Gifts, (4) Dower and Divorce.

mentary Act, (2) The Penal Code, (3) The Criminal 3. Indian Law. (1) The Intestacy and Testa Procedure Code, (4) The Civil Procedure Code. minutely and in detail the subjects embraced in With his Private Classes the Reader will discuss the Public Lectures.

By Order of the Council,
(Signed)
EDWD. RYAN,
Chairman pro tem.

Council Chamber, Lincoln's-inn,
July 15th 1869.

The Public Lectures on Constitutional Law and Legal History, at Lincoln's-inn Hall, on Wednes days, at 2 p.m.; the first lecture on 10th November. The Private Classes on Tuesdays, Thursdays, and Saturdays, at 10 a.m.; first class meets on the 11th November.

The Public Lectures on Equity, at Lincoln's-inn effected by that statute in the Law and Practice Hall on Thursdays (Elementary Lecture at 2 p.m.; of Real Property. Advanced Lecture at 3 p.m.); the first lecture on

the 11th November. The Private Classes on Mondays, at 3.45 and 4.30 p.m.; Wednesdays and Fridays, at 3.15 and 4.15 p.m.; first class meets on the 12th November.

The Public Lectures on Jurisprudence, Civil and International Law, at the Middle Temple Hall, on Fridays, at 2 p.m.; the first lecture on 12th November. The Private Classes on Tuesdays and Thursdays, at 3.45 p.m.; Saturdays, at 3.45 p.m.; first class meets on the 13th November.

The Public Lectures on the Common Law, at the Inner Temple Hall, on Mondays (Elementary Lecture at 2 p.m.; Advanced Lecture at 3 p.m.); the first lecture on 15th November. The Private

Classes on Tuesdays, Thursdays, and Saturdays, at 11.45 a.m. and 12.45 p.m.; first class meets on the 16th November.

The Public Lectures on Hindu, Mahommedan Law, anl the Laws of India, at the Middle Temple Hall on Saturdays, at 11 a.m. The Private Classes on Mondays, Wednesdays, and Fridays, at 10 a.m. The Educational Term commences on the 1st November, and ends on the 22nd December.

The First Public Lecture of this course will be delivered by the Reader on The Law of Real Property on the 9th November, at 2 p.m.

The First Meeting of each Private Class will take place on the usual Morning or Evening of meeting after the First Public Lecture on the same subject.

Students who have been unable to attend a

Lecture or class of either of their Readers, and desire dispensation as a qualification for call to the Bar, should make application, with an explanation of the cause of such absence, in writing, to the Reader during the course, or immediately after the delivery of the last Public Lecture of the course; and the Reader's report thereon, together with the application, will be forwarded to the Council of Legal Education, who alone have the power of granting dispensation,

The Council have resolved that in no case shall Students be allowed to change from the Elementary to the Advanced Courses of Lectures and Classes, or vice versa, while qualifying for call to the Bar, or for the Examinations on the subjects of the Lectures and Classes.

Peter, of Launceston, solicitor, represented all parties, and the cause was heard as a consent cause. The plaint stated that the plaintiff was seised in fee simple in possession of one moiety of a close of land called Old Park, otherwise Olda Park Meadow, situate in the parish of St. Gennys, in the county of Cornwall, and within the jurisdiction of the court; that the defendants claimed to be seised of the other moiety on certain trusts under the will of John Smeeth, which were set forth; explained the devolution of the title to this moiety, &c.; stated that the value of the fee of the entirety of the close did not exceed 5001., and submitted that the plaintiff was entitled to have the said close partitioned, so that one moiety thereof might be held by him, his heirs and assigns in severalty. The prayer was that the close might be partitioned between the plaintiff and the defendants, so that the respective shares might be held in severalty by the respective parties, and their heirs and assigns respectively with all consequential directions, &c. Or, that if it appeared to the court that a sale of the said close, and a distribution or the proceeds of such sale would be more beneficial to the parties interested, then plaintiff prayed for such sale; application for a receiver, provision for costs, and further relief if necessary.

Four of the defendants were infants beneficially interested. The three first named in the plaint were executors of, and residuary devisees under, the

will of the ancestor in title of the defendants.

Peter accordingly moved on petition of infants and affidavit of their mother as to fitness for assignment of adult defendants as guardians, ad litem to the infants, and the order was made. The certificate of valuer, with plan annexed, and assent of all parties to proposed terms of parti

This was an action for the recovery of 30s., being three fines of 10s. each, amerced by the Court Leet of the borough of Newbury. The defendant, is a brickmaker in the parish of Thatcham, and the fines were inflicted in consequence of certain encroachments or trespasses in the Marsh.

W. H. Cave appeared on behalf of the plaintiffs, and Pinniger for the defendant.

Cave said he believed that Mr. Pinniger was going to contend that the case was not within the jurisdiction of the court.

Pinniger observed that this was not an ordinary action for the recovery of a small sum of money claimed; but, on the contrary, involved the question of the plaintiffs' title to the franchise, which they claimed. Under the first County Court Act (1846), and the subsequent Acts, this court had no authority to try the title or right to the franchise without the consent of both parties, and he contended that there was no way of deciding the question at issue without bringing before the court the title or right to the franchise.

His HONOUR. The first question in my consideration is, whether the title to a franchise is bond fide at issue.

Pinniger argued that the existence of the franchise must be adduced, and on that ground alone he questioned his Honour's jurisdiction.

His HONOUR.-If this franchise has been clearly exercised uninterruptedly, and without any kind of opposition whatever for a considerable period, a person merely saying that the franchise is not legal will not put the title in issue.

Cave.-You must show that the title is really in

issue.

His HONOUR thought he had better hear the plaintiff's case, and then it would appear whether the title was in issue or not.

Pinniger said that if the case were gone into he should require such proof to be given of the facts as would be necessary in a Superior Court, and if it were gone into in that way his Honour would be occupied a very long time.

His HONOUR. Of course everything must be proved in the strictest manner. Pinniger. If these fines have been amerced by the jury of the court leet, they ought to have gone into the hands of the "mayor, aldermen, and burgesses.' I have heard Mr. Cave complain that that has not been the case when I had the honour of sitting at the council board.

par

The plain

Cave.-Perhaps Mr. Pinniger himself has taken sometimes of the result of these fines (laughter). The fact is that the Liberal borough of Newbury does not pay their court leet. The fines, first of all, are supposed to go towards the necessary expenses of the court, and the residue (if any) ought to be handed over to the corporation. They (the court leet) have managed from time to time to spend the whole amount, and so there was no surplus to hand over. tiffs were not bound to show the existence of the custom immemorial, but if he (Mr. Cave) assured his Honour of its existence for a reasonable period he had no doubt that the custom would be enforced. In order to explain the case, Mr. Cave commenced reading from the History of Newbury as follows:-"In the reign of King John the manor of Newbury belonged to the Earl of Perche, and was then confiscated to the Crown. In the Norman roll in the Tower, A.D. 1204, the manor was extended. The manor was regranted to the Earl of Perche, and afterwards passed through a variety of hands up to the time of Edward IV., when it reverted to the Crown, and by a grant of the first year (Charles I.) In consideration of 501., and an annual payment of 251. 4s. 24d., it was granted to the corporation of Newbury, and the Crown has continued to receive from the corporation the above sum." He should show also that it had been the custom of the manor to hold a court leet at certain periods, to see if any encroachments or trespasses had been made or committed,

and to amerce the defaulters accordingly. On the last presentation (1868) the court leet fined the defendant in three sums of 10s., for as many offences, and these were admitted. They now sued for the fines. When he (Mr. Cave) had called his witnesses, he thought he should have made out a primâ facie case for the defendant, if possible, to answer.

Mr. Charles Henry Beckhuson was then sworn, and stated that he was clerk to Mr. Graham (town clerk). He had attended the court leet meetings for the past fifteen years. He produced the presentments of that body from time to time made. The corporation have acted as lords of the manor for the past thirty years, to his knowledge. He had searched for the original grant, but it was well known that it was lost; under that grant the rent of 201. 3s. 4d. was reserved, and it was paid every year. The last payment was in November last, by cheque sent to Mr. Benyon, and a receipt was sent back; it passed through witness's hands. The rent was sold by auction by the Crown, and Mr. Benyon became the purchaser. He produced the presentments of the court leet for the years 1799, 1844-50-54-60-68. All the intermediate ones were at the office of the town clerk. Witness attended the last meeting of the court leet in 1868, and acted at that time as deputy steward of the manor. Mr. Graham (town clerk) was steward of the court leet and court baron.

A portion of the presentment imposing the amercements in question on the defendant was then read, and also another portion stating that these amercements of 10s. were customary.

Cave, on looking at the presentment for 1799 and other earlier ones, observed that the word "custoexisted that the amercement in question was mary" was not contained in them, but not a doubt reasonable and legal. This was his contention.

His HONOUR observed that the payment of 10s. could not be customary on account of the change in the value of money, and that point had been decided.

The witness in cross examination said: We can

produce all the intermediate documents from 1799 to 1844 if you wish it. I only brought these for convenience. The court leet hold their meetings annually. I remember the case of Tucker some twenty years ago, when the question was raised whether an escheat which occurred in Newbury appertained to the lord of the manor of Donnington neglect, and encroachments were made, and as or of Newbury. Some years ago there was great they had existed for a considerable period they were allowed. With these exceptions parties have paid these amercements pretty well, but still there were two or three persons who persisted in objecting to pay, and no legal proceedings have ever steward since about 1852, and he has presided at been taken against them. Mr. Graham has been that time. At those at which I have presided I the greater number of the court leet meetings since have had no written appointment. The other defaulters mentioned in the last presentment were not amerced on account of the corporation having consented to a new road in that locality, towards which the said defaulters had subscribed.

His HONOUR having referred to the statutes, said that he thought that the title of a franchise was bona fide at issue, and that clearly he had no jurisdiction without the consent of the defendant, which was withheld. By the County Court Act 1846, s. 58, the County Court had no jurisdiction as to franchises or the title to any corporeal or incorporeal hereditaments. By the County Court Act 1856, s. 25, power was given to the court to try questions as to franchises or any corporeal or incorporeal hereditaments with the consent of both parties. By the County Court Act 1867, ss. 11, 12, the court has power to try questions of title as to corporeal and incorporeal hereditaments not exceeding the annual value of 201., but this clause did not, in his opinion, extend to franchises, or, at all events, to franchises like the present, the annual value of which it was impossible to estimate. He, therefore, held that the court had no jurisniction, and therefore he could make no order.

Cave. If then the title to the franchise is at issue, we are justified in going to a Superior Court. His HONOUR.-Clearly.

Cave. Thank you, sir, that is all we want. Pinniger applied for the attorney's fees, as he said it was a case of no ordinary nature. It was a far more difficult case to get up than a mere action for debt.

Cave objected, and said it was merely an action to recover a debt.

His HONOUR took the view of Mr. Pinniger,

and advised Mr. Cave to allow the attorney's fee. The fee (15s.) was then allowed.

At the Stafford Assizes Samuel Foulkes, late clerk to the registrar of the Wolverhampton County Court, was sentenced to five years' penal servitude for embezzling 1600l., fees and cash received from suitors.

ECCLESIASTICAL LAW.

NOTES AND QUERIES ON
POINTS OF PRACTICE.

[N.B.-None are inserted unless the name and address of the

writers are sent, not necessarily for publication, but as a guarantee for bona fides.]

Queries.

66

CORRESPONDENCE OF THE

PROFESSION.

same remark applies to conveyances) under the 8 & 9

No. 3 covenant be described as No. 2 or No. 3?

LEX.

62. BANKRUPTCY-SALARY IN LIEU OF NOTICE.-A. and B. solicitors and co-partners, verbally engaged C., as conveyancing clerk, at a certain salary with a stipulation that two months' notice should be given by either party, to determine the engagement. A. and B. suddenly sus pended business and absconded in insolvent circumstances, leaving their estate to be wound-up by their creditors. A petition in bankruptcy was immediately filed by one of the creditors, but owing to a difficulty arising which prevented an adjudication being made the proceedings became in effect nugatory, the obstacle the filing of the petition a clue to the whereabouts of the absconding debtors has been obtained (they being in the United States), and a power of attorney has been prepared and sent out for execution by them, but same A month's salary, being all has not yet been returned. that was due to C., up to the day of filing the petition, has been paid to him by a relative of A. and B., and a simple receipt given for same; but C. purposes sending in to, and threatening to enforce a claim against, the persons appointed to act under the power of attorney, for two months' salary in lieu of notice. Will any of your able correspondents kindly say whether (in case the estate is wound-up either in bankruptcy or under the power of attorney), C's. claim is enforceable as a preferential claim, or whether he can only prove for same? And if his position would be in anywise im proved by there being no further proceedings taken in bankruptcy?

free discussion on all professional topics, the Editor is not responsible for any opinions or statements contained in it.] REGULATIONS OF THE INNS OF COURT.-being of a nature which could not be surmounted. Since The Regulations of the Inns of Court enact that no attorney-at-law, solicitor, &c., and no clerk of or to any barrister, attorney, solicitor, &c. shall be admitted as a student at any inn of court for the purpose of being called to the Bar, &c., until such person shall have entirely and bona fide ceased to act or practise in any of the capacities above named or described; and if on the rolls of any court, shall have taken his name off the rolls thereof." But there is no regulation enacting that any tailor, barber, or draper, &c., before being admitted as a student shall give up his business of tailor, barber, draper, &c. Surely this is unfair, and presses hardly upon those whose whole life has been spent in the study of the law, and who would therefore reflect more credit on the Bar and on the country at large than any number of tailors and barbers. These latter might, indeed, be able to adjust their respective gowns and wigs with greater nicety than a poor attorney who has had no experience in such things; but in matters of law I doubt whether the tailor or barber with his three years' study would be comparable with the despised attorney or his clerk. The case is this:-A tradesman who wishes to raise himself in the scale of society by being called to the Bar is permitted to carry on his business during his studentship; but this privilege is denied the attorney or attorney's clerk who, before entering his name as a student, must give up his employment which, unless he have private fortune, he cannot afford to do. C. B.

ECCLESIASTICAL COURTS BILL.-The Lords' Select Committee have adopted Lord Shaftesbury's Bill, and not that of the Archbishop of Canterbury, but have made some amendments in the Bill. They have struck out the clauses which proposed the trial of disputed facts before assessors or jurymen, three clergymen, and three magistrates. Early in the deliberations of the committee the subject of prosecutions of the clergy came under consideration, and the committee proceeded by resolutions. On the motion of Lord Carnarvon it was resolved that it be open to the laity as well as the clergy to prosecute in all cases of offences against the laws ecclesiastical. The same peer then proposed that it be resolved that, before the institution of such a suit, the consent of the bishop be obtained, with an appeal, in case of his refusal, to the archbishop; but Lord Cairns moved, as an amendment, that "suits against clerks for offences against the laws ecclesiastical shall be commenced either by the bishop of his own motion, or by three members of the Church, being inhabitant householders of the diocese: provided always, that, in the case of а charge of teaching or maintaining unsound doctrine, a written statement of the particulars on which such charge is founded shall, in the first place, be laid before the bishop, who may, if he shall think that such statement does not contain sufficient prima facie ground for proceeding, refuse his assent to the institution of the suit, subject, however, to an appeal against such refusal to the archbishop; and the appellant may appear before the archbishop either in person or by counsel on his behalf in support of the appeal." Lord Carnarvon's resolution was negatived by a vote of eight against five. The Bishop of Gloucester and Bristol moved to leave out "diocese in Lord Cairns' resolution and insert "parish;" but the motion was rejected by five against fonr. The Marquis of Salisbury proposed to include among the prosecutions requiring the bishop's assent such as are for "any offence against the directions of the Book of Common Prayer;" but this motion was lost on a division by ten against three. Lord Cairns' clauso being on a later day formally proposed, the Bishop of Gloucester and Bristol moved to leave out the words "in the case of a charge of teaching or maintaining unsound doctrine;" but the motion was rejected by seven against three. The bishop then proposed, after "doctrine," to add "or of contravening the directions of the Book of Common Prayer for the perfor-, mance of Divine service and the administration of the Sacraments according to the usage of the Church of England; " but the motion was rejected by eight against three. No one seems to have proposed to define the phrase, "members of the Church of England; ' yet its meaning will have to be ascertained, and if it could be stated in the interpretation clause, which defines thirtyseven other terms used in the Bill. heavy expenses might be saved. The clause authorising rules and orders to be made by the two archbishops, and directing that the rules and orders be submitted to Her Majesty in Council for confirmation, is of a very comprehensive character. Earl Beauchamp made an unsuccessful attempt to have it directed that the rules and orders be laid before Parliament also. Lord Westbury obtained the addition of a proviso allowing any person affected by such rules and orders to petition to be heard before the council. The rules and orders may alter and regulate the fees on marriage i cences, the abolition of which is recommended by

[The reason of the regulation is obvious, namely, as nearly as possible to place men on an equal footing on going to the Bar. As it is, solicitors going to the Bar have an immense advantage, and unless the general system is to be changed, we do not see that, in fairness to those already at the Bar, the concession referred to should be made.-ED.]

FINAL EXAMINATION.-I am about to commence reading for my final examination, and having no one to assist me, I should be glad if you or any of your correspondents would kindly trace out a course of study for me to pursue. And at the same time to mention the most useful books for me to read with a view to passing in all the subjects required by such examination.

STUDENS.

P.

63. CONVEYANCE-MARRIED WOMAN.-In a conveyance being less than the amount due under the mortgage) by mortgagee under a power of sale (the purchase money exercised at the request of the mortgagors, who joined simply for the purpose of testifying such request, two of the mortgagors are married women. they should acknowledge the deed in the usual manner?

3

Answers.

Is it necessary

A. J. H.

(Q. 56.) WILL-PERPETUITY.-I think that under the will the copyholds stood limited to B. for life, with remainder to her children successively, according to seniority, for their respective lives, with remainder to C. for life, with remainder to her children successively, according to seniority, for their respective lives, with remainder to D., in fee. Assuming that the custom of the manor admits of an entail, it cannot be successfully Ad. & El. 340, that by force of the words "and argued, Parr v. Swindels 4 Russ. 283, and Doe v. Gallini, from and after the decease of all and every the said children or issue of the said B.," B. took an estate tail expectant upon the life estate of her last surviving child. The children or issue on whose decease B. and her children are to take are "the said chidren or issue," and the only issue previously mentioned are the children to whom life estates were limited. "Issue," therefore, appears to be used by the testator as an idle tautological synonym for "children." The cases of Walker v. Petchell, 1 C. B. 652; Doe d. Goodright v. and Baker v. Tucker, 3 H. of L. Cas. 406, may be referred Dunham, Doug. 261; Malcolm v. Taylor, 2 R. & M. 416; to. The ultimate remainder limited to D., if undisposed of by him, of course descended on his customary heir. If contrary to the view which I entertain B. should be held to have taken an estate tail vested sub modo, i..., subject to open and let in the life estates in remainder, C. must of course be held to have taken an estate in remainder expectant on B.'s estate tail, and similar to it, and B. having never barred the remainder, C. children successively, according to seniority, for their would be now tenant for life, with remainder to her respective lives, with remainder to herself in tail. I do not, however, think that there is the least chance 2. Y. that such a construction can prevail.

PASTURAGE ON HIGHWAYS.-I have noticed the explanations which you afforded in your issue of the 17th inst, to my letter from the Wisbech Advertiser, and infer from them that where the owner of the herbage has a keeper with his cattle who keeps them off the "central or gravelled part, he canLEGAL OBITUARY. not be lawfully convicted for their "straying," but I apprehend there would not be much difficulty in W. C. WHELAN, Esq. obtaining a conviction under the old law (5 & 6 The late William Curteis Whelan, Esq., barWill. 4, c. 50), for "wilfully obstructing the free passage of a highway," in which I am strength-rister-at-law, of Heronden Hall, Tenterden, Kent, ened by Cockburn, C. J., who is reported to have who died in Montepelier-square, Brompton, on the said in Freestone v. Casswell, "it is well settled 3rd ult., was the only son of the late William that a passenger along a highway may, if he Whelan, Esq., banker, of Heronden Hall (who died pleases, walk or ride over these strips of grass, in 1851), by Elizabeth Bradley Jane, only daughter and they are part of the highway." I beg there of Cornelius Neap, Esq., of London, and was born fore to repeat my conviction that the owners of in 1817. The deceased, who represented a family herbage by the sides of our ordinary highways, of Irish origin, was called to the Barat Lincoln's Inn in 1842; he married in 1851 Katherine Frances, can only lawfully enjoy that herbage by mowing it. eldest daughter of James R. Planché, Esq., of the Herald's College, and has left, with other issue, William Hugh Curteis, born in 1853.

OBSERVER.

[A passenger has a right of way undoubtedly, but the existence of a right of way does not prevent the owner from taking the benefit of his land in any way he pleases which does not destroy the right of way or obstruct its exercise. The decision of Cockburn, C. J. simply decides that a passenger may walk on the strips of grass, not that he may, by insisting on passing over them, exclude the owner from pasturing his cattle there.-ED.]

THE COURTS & COURT PAPERS.

CHANCERY NOTICE. During the Vacation, all applications to the Court of Chancery which are of an urgent nature are to be made to or at the chambers of the ViceChancellor Sir William Milbourne James.