THIRD REPORT OF THE COMMISSIONERS APPOINTED TO INQUIRE INTO THE PROCESS, PRACTICE AND SYSTEM OF PLEADING IN THE SUPERIOR COURTS OF LAW AT WESTMINSTER. (Continued from p. 293, vol. 34.) The procedure for this purpose may be at once simple and effective, namely, by application to the court or a judge for an injunction. If the case be such that the recovery of damages would be an inadequate or inconvenient remedy, the injunction may be ordered to issue forthwith ex parte, subject of course to an application by the opposite party to dissolve it. It should be in the discretion of the court or judge, whether the injunction should issue in the first instance, or whether only a rule or summons to show cause should be granted. Upon motion to quash the injunction, or on the hearing of the rule or summons to issue it, the court or judge ought to have power either to decide the matter summarily, or to direct an action, or issue, or a special case, and to impose such terms as to keeping an account or otherwise, and to make such order as to the costs of the proceedings, as may be just. This power ought to be conferred in all cases of common law rights in which an injunction might be obtained in the Court of Chancery. In an action involving the question of injunction, brought or continued under the direction of the court or a judge, it should not be necessary to claim an injunction in the declaration, unless directed by the judge; and in such an action not so brought, the party injured ought to be at liberty, as at present, to claim an injunction, if he think proper. The provisions of the 82nd section of the Common Law Procedure Act of 1854 ought to be modified, so as to be applicable to the new writ. Injunctions to protect Property.-The power of issuing injunctions by the common law courts is at present confined to actions in which some breach of contract or duty is complained of, and cannot be exercised for the protection of property the right to which is in litigation. It cannot, for instance, be exercised in the action of ejectment, even to prevent irreparable waste; nor in case of detinue, to prevent the defendant from making away with the goods, which may be spedifically recovered. This defect in the jurisdiction should be supplied by extending the power of issuing injunctions so as to prevent injury to or the making away with property, in actions in which the title thereto is in dispute. Delivery up of Documents.-Another measure of protection at present afforded by the Court of Chancery consists in ordering the delivering up of documents, which, upon the face of them, appear sufficient to give the holder a right of action at common law, but which, by reason of circumstances which might be set up as a defence if an action were brought, ought not to be made available. In such a case, the danger that by lapse of time evidence of the detence may be lost, and so the instrument may be unjustly enforced, is considered as constituting a right in the party ap parently charged by the instrument, unless disabled by some act of his own, to have it given up and cancelled, and so to have the claim set at rest. This power may well be given to the courts of common law in respect of common law claims and defences. And in cases in which only a part of the amount appearing to be due on the instrument is in fact due, an offer to pay such part, and a payment of the amount into court to abide such order as the court may make, ought to be considered equivalent to actual payment before proceedings. This may be done either by action or by summary application to the court, as may be thought most advisable. Interpleader. Under the same head of protection against anticipated injury may be classed the proceedings in interpleader, which we now proceed to consider. The principle of interpleader is this:-That a person having, without any fault on his part, the possession of property in which he claims no interest, and which is claimed by two or more adverse parties whose alleged titles have a common origin, is entitled to be protected from the necessity of litigating the question of property in which he has no concern, upon giving up the subject-matter in dispute to be dealt with under the direction of the court, which then determines the question in a proceeding between the adverse claimants. Before the statute 1 & 2 Will. 4, c. 58, the remedy existed in the common law courts in one form of proceeding only, namely, the action of detinue. One of the last instances, if not the last, in which it was resorted to was in the case of Land v. Lord North, 4 Doug. 266. The statute referred to, however, gave jurisdiction to the common law courts, in cases of action brought by one of the claimants against the holder of the property. It also gave a new power to relieve sheriffs against the necessity of litigating adverse claims made to goods taken under an execution. In this latter case, the Court of Chancery before the statute declined to exercise jurisdiction, for the alleged reason, that if the sheriff had made a wrongful seizure he ought not to be relieved; while, if he had made a rightful one, there was no occasion for interfering. And it may be doubted whether that court will assume jurisdiction since the statute: (see Tufton v. Harding, 21st Dec. 1859, before Kindersley, V.C.) The jurisdiction conferred upon the common law courts in such cases has proved highly beneficial. In some particulars, however, it requires extension and amendment. With respect to both kinds of interpleader proceedings, difficulties have arisen where the claim is at present capable of being enforced in the Court of Chancery only, and is called equitable. In respect to such claims courts of common law have at present no jurisdiction, and the consequence has been that great inconvenienee has arisen in the execution of the Interpleader Act. To enable the courts to do complete justice in such cases, their jurisdiction ought to be extended to all claims, whether legal or equitable, where an action has been brought in respect of a com mon law claim within the former branch of the statute, or there has been a seizure in execution within the latter. In case of interpleader for relief of sheriffs, jurisdiction ought to be given to the common law courts, even though the claim or claims be all equitable. The proceedings upon such a claim may be in the same form as those in the case of a conditional defence upon equitable grounds, which will be mentioned in a subsequent part of this report. In interpleader after action brought by one of the claimants, an amendment is also advisable. The course of decision upon the construction of this branch of the statute has usually followed that of the decisions in Chancery, which, amongst other exceptions to this jurisdiction, appear to have established that relief will not be given when the titles of the claimants have not a common origin, but are adverse to and independent of one another. This exception, of which the alleged reason is not very obvious, has no place in interpleader proceedings for the relief of sheriffs; and we see no good reason for its existence in any ease of interpleader in the common law courts. To take the common case of a whartinger or warehouseman seeking relief against adverse claimants, the applicant has, generally speaking, no information as to the nature of their alleged titles, and yet it is clearly just that, whatever that may be, he ought not to be at the expense and risk of determining who is in the right in a contest in which he has no interest whatsoever, except it be to hand over the property in dispute to the rightful owner. We recommend that interpleader should be allowed to all persons not falling within the class at present estopped from interpleading, whether the adverse claims have a common origin or not. Interpleader for the relief of sheriffs admits of further improvement. It often happens that where a sheriff has seized goods in execution, a claim is made to them under a bill of sale to secure an amount much less than the value of the goods, and the goods, if sold, would be sufficient to satisfy both the execution and the bill of sale creditor. In such cases great difficulty arises. The property of the goods is entirely out of the debtor and in the bill of sale creditor. The former has a right to the goods upon paying off the bill of sale, and that right ought to be available to the execution-creditor. The bill of sale creditor has a right to the possession of the goods for the purpose only of satisfying his debt, and he ought not, provided his own debt is first satisfied, to be allowed to stand in the way of the execution-creditor by objecting to a sale by the sheriff. There are other similar cases in which the claimant is entitled to the goods only to secure a debt. The judge ought to have power in all cases where the right of the claimant is only by way of security for a debt, to direct a sale, and the application of the proceeds, in case of a surplus, to satisfy the execution, upon such terms as to payment of the secured debt or not, and otherwise, as the judge may think fit. The jurisdiction in interpleader cases ought also to be extended in the following particular. It occasionally happens that the execution-creditor and the claimant agree to leave the matter to the decision of the judge before whom the summons is heard, without requiring an issue. When points of law only are involved this course saves expense and d-lay. Even where questions of fact are involved, now that the parties and their witnesses can be summoned and examined before the judge, it not unfrequently happens that the judge, by consent, disposes of the case. Sometimes, however, even in cases of small amount, one of the parties insists upon the trial of an issue at a greater expense to both parties than the amount in dispute. In cases of this kind, it is obviously for the advantage of all that the judge should have the power of deciding summarily and so preventing needless expense. We think this power should be given to the judge, to be exercised if he thinks proper. We would further recommend that in all cases where the question is one of law, the facts not being disputed, the judge should be at liberty to decide the question without an issue, and, if necessary, to direct a special case for the opinion of the court. (To be continued.) APPOINTMENTS UNDER THE JOINT-STOCK COMPANIES WINDING-UP ACTS. LONDON AND COUNTY HAIL AND CATTLE INSURANCE COMPANY.An official manager to be appointed by Stuart, V.C., at his chambers, on Friday, the 30th March, at noon. PLUMSTEAD, WOOLWICH AND CHARLTON CONSUMERS' PURE WATER COMPANY (LIMITED). --Petition for winding-up to be heard before Mr. Commissioner Goulburn, at the Court of Bankruptcy, Basinghallstreet, on Wednesday, the 28th March. Solicitors, Eyre and Lawson, 1, John-street, Bedford-row. TELEGRAPH CABLE COMPANY (LIMITED).-Petition for winding-up to be heard before Mr. Commissioner Goulburn, at the Court of Bank ruptcy, Basinghall-street, on Wednesday, the 28th March. Solicitor J. Mackrell. 34, Cannon-street west. TIMBER PRESERVING COMPANY. A call of 61. per share to be made by Wood, V.C. at his chambers, on Thursday, the 29th March, at noon. CREDITORS UNDER ESTATES IN CHANCERY. AYLWARD (John), late of Exton, Southampton, died Feb. 1944. Croditors to come in by 17th April, at Kindersley's, V.C. Solicitor, E. Adams, 12, Cloak-lane, Cannon-street. AYRE (J. M.), late of Ruswarp, Whitby, Yorkshire, died Sept. 1831. Creditors to come in by 13th April, at Wood's, V.C. Solicitor, J. Vincent, Lamb-building, Temple. BENNETT (John), late of Swansea, Glamorganshire, died Jan. 1854. Creditors and incumbrancers to come in by 13th April, at Stuart's, V.C. Solicitors, Loftus and Young, 10, New-inn, agents of W. II. Brown, of Swansea. BERGER (J. S.), late of the New-road, St. George's-in-the-East, Middlesex, died 30th Jan. 1813. Creditors and incumbrancers to come in by 12th April, at Stuart's, V.C. Solicitor, W. F. Farmer, 80, Cheapside. BEZLY (William), late of Bloxham, Oxfordshire, died Oct. 1859. Creditors to come in by 14th April, at Kindersley's, V.C. Solicitors, W. and H. P. Sharp. 150, Leadenhall-street. BRAND (James), late of 1, Selwood-terrace, Old Brompton, Middlesex, died May 1855. Creditors to come in by 16th April, at Master of the Rolls. Solicitor, R. Smith, 298, High Holborn. COSTER (Charles), late of Southampton, died Sept. 1858. Creditors to come in by 18th April, at Master of the Rolls. Solicitor, T. Westall, 3. South-square, Gray's-inn, agent for Coxwell and Bassett, Southampton. DAREY (Elizabeth), late of 42, Seymour-street. Euston-square, Middlesex, died 19th Sept. 1838. Creditors to come in by 15th April, at Woods. V.C. Solicitor, C. J. G. Elioart, 39, Great James-street, Bedford-row. ELIS (Richard), late of Thornton-in-the- Moors, Cheshire, died 5th Nov. Creditors to come in by 20th April, at Master of the Rolls. Solicitors, Bloxam, Ellison and Bloxom, 1. Lincoln's-iun-fields. FIELDER (John), late of Nelson-lodge, Trafalgar-square, Chelsea, Middlesex, died Jan. 1850. Creditors to come in by 20th April, at Master of the Rolls. Solicitor, W. Stafford, 17, Wellington-street north, Strand 1858. GOODWIN (J. F.), late of Algburth-vale, near Liverpool, died May HATCH (Rev. Thomas), late of Walton-upon-Thames, Surrey, died LEE (Henry). late of Stockport, Cheshire, died March 18:9. to come in by 13th April, at Master of the Rolls. Solicitors, Dangerfield and Fraser, 26, Craven-street, Strand. LODGE (Christopher), late of Stainton Coates, Gargrave, Yorkshire, died Feb. 1856. Creditors to come in by 14th April, at Master of the Rolls. Solicitors, Raw and Gurney, 7, Furnival's-inn, agents for H. Robinson, of Settle. MENYELL (G. M.), late of Chipping Wycombe, Buckinghamshire, died March 1844. Creditors and incumbrancers to come in by 14th April, at Stuart's, V.C. Solicitors, Palmer, Palmer and Bull, 24, Bedford-row. MINOTT (Joseph), late of Watery-lane, Birmingham, died 4th Dec. 185. Creditors to come in by 16th April, at Wood's, V.C. Solicitors, Austen and De Gex, Raymond-buildings, Gray's-inn, agents for Sadler and Eddowes, Sutton Coldfield. M'INTOSH (Hugh), late of Old Warden, Bedfordshire, died May 1855. Creditors to come in by 13th April, at Kindersley's, V.C. Solicitors, Eyre and Lawson, 1, John-street, Bedford-row, agents for G. A. Austin, Shefford, near Biggleswade, Beds. MILSOME (Thomas), late of Sutton Scotney, Wonston, Southampton, died Aug. 1855. Creditors to come in by 16th April, at Master of the Rolls. MOORE (Joseph), late of Hampton-in-Arden, Warwickshire, died Feb. 1859. Creditors to come in by 16th April, at Master of the Rolls. OAKLEY (Thomas), late of Orsett, near Grays, Essex, died July 1857. Creditors to come in by 12th April, at Master of the Rolls. Solicitors, Lindsay and Mason, 84, Basinghall-street. PIKE (Mary), late of Faringdon, Berks, died Dec. 1856. Creditors to come in by 20th April, at Master of the Rolls. Solicitors. Lewis, Wood and Street, 6, Raymond-buildings, Gray's-inn, agents for G. J. Haines, Faringdon, Berks. POLLEY (John), late of Bishop Stortford, Hertfordshire, died March 1846. Creditors to come in by 30th April, at Stuart's, V.C. Solicitor, J. F. Webster, 5, Serjeants'-ion, Fleet-street, agent for W. T. Wade, of Dunmow, Essex. POLKINGHORNE (Philippa), late of St. Blazey, Cornwall, died Feb. 1842. Creditors to come in by 13th April, at Master of the Rolls. Solicitors, Gregory's, Skirrow and Rowcliffe, 1, Bedford-row, agents for Hodge, Hockin and Marrack, Truro, Cornwall. STONE (Thomas), lats of Radnage, Bucks, died Dec. 1858. Creditors to come in by 16th April, at Kindersley's, V.C. Solicitor, W. C. Hall, 49A, Lincoln's-inn-fields. THOMAS (H. C.) late of Central-bill-villa, Upper Norwood, Surrey, died Nov. 1858. Creditors to come in by 13th April, at Master of the Rolls. Solicitors, Raw and Gurney, 7. Furnival's-inn. THOMPSON (Miles), late of South Kilvington, Yorkshire, died March 1855. Creditors to come in by 17th April, at Stuart's, V.C. WADEER (V. K.). Ex-Rajah of Coorg, late of 20, Clifton-villas, Warwick-road, Paddington, Middlesex, died Sept. 1859. Creditors to come in by 2nd Nov, at Master of the Rolls. WEATHERSTONE (Jane), late of Cheltenham, Gloucestershire, died 23rd Oct. 1853. Creditors to come in by 28th April, at Stuart's, V.C. Solicitors, Edwards and Edwards, 23, Southampton-buildings, Chancery-lane. WHITLOCK (Thomas), late of Witney, Oxfordshire, died July 1859. Creditors and incumbrancers to come in by 18th April, at Stuart's, V C. Solicitor, J. Cooper, 3, Bedford-row, agent for Bullen and Ravenor, Witney. HEIRS AT LAW AND NEXT OF KIN. ELLIS (Richard), late of Thornton-in-the-Moors, Cheshire, died Nov. 5, 1851. Heir-at-law and next of kin to come in by 20th April, at Master of the Rolls. Solicitors, Bloxam, Ellison and Bloxam, 1, Lincoln's-inn-fields. UNCLAIMED STOCK AND DIVIDENDS IN THE BANK OF ENGLAND. [Transferred to the Commissioners for the Reduction of the National Debt, and which will be paid to the persons respectively whose names are prefixed to each, in three months, unless other claimants sooner appear.] COMBRUNE (J. J. M.), of Francis-street, Bedford-square. 2001. Consolidated Three per Cent. Annuities. Claimants, Rev. W. J. England and William Walford. ELDRIDGE (Ann), of Great Yarmouth, deceased. 100L Consolidated STURTEVANT (S. T.), of Hackney-road, deceased, and CHEETHAM (Mary), of Oakham, Rutlandshire, deceased. 251 9s. 6d. New Three per Cent. Annuities. Claimant, Rev. Joseph Mould. HON. H. FITZROY, P.C., M.P.-The will of the late Right Hon. Henry Fitzroy, of Upper Grosvenorstreet, London, and of Sussex-square, Brighton, was proved in the London Court of Probate on the 8th inst., by Mrs. Fitzroy, the relict and sole executrix. The personalty was sworn under 40,000l. Sir Anthony de Rothschild, Bart., was nominated executor in case Mrs. Fitzroy had not survived her husband. Mr. Fitzroy has bequeathed his estates, real and perSonal, to his wife, for the use of herself and their daughter. The will is concisely drawn, bears date the 11th Nov. 1858, and was attested by W. M. Fladgate, solicitor, Craven-street, Strand, and John Wilkins, butler to Mr. Fitzroy. The deceased was one of her Majesty's Privy Councillors, M.P. for the borough of Lewes, Chairman of the Committee of the House of Commons, and Chief Commissioner of the Board of Works.-Illustrated London News. BOROUGH QUARTER SESSIONS. THE Profession having at present no means of ascertaining the days appointed for holding the various Quarter Sessions for Cities and Boroughs, which are held at uncertain times, we purpose to publish the list of appointments, in future, if the Town Clerks will favour us with the necessary information. The following are already notified: Borough. Barnstaple...... Colchester NEW POST-OFFICE REGULATIONS.-A notice has been issued by the Post-office which mentions the alterations made in regard to the latest times for posting letters, &c. at the chief office, St. Martin'sle-Graud, for the provincial, colonial and foreign mails. The time for posting letters by the morning mails is extended. Letters for the provinces by the evening mails may be posted up to 6 p.m. without a fee; till 7 p.m. if bearing an extra penny stamp, or until 7 30 p.m. with an extra 6d. stamp. Newspapers Exeter and book packets will be forwarded up to the same hours with extra fees ranging from 1d., d. and 1d. Letters can be registered at the chief oflice for the morning mails between 7 and 7 15 a.m., and for the evening mails till 5 30 p.m. Letters by the day mail to France may be posted without fee till 11 45 a.m. The notice includes an amended list of post towns to which letters and newspapers may be forwarded by the morning and day mails. Attention is directed to the necessity of depositing letters, &c. in the proper box. Taunton, March 20.—This morning the courts were opened for business, Mr. Baron Martin presiding in the Crown Court and Mr. Baron Channell sitting at Nisi Prius. Mr Baron Martin complained very much of the construction of the court, stating that the prisoners were placed at such a distance from the witnesses that it would be extremely difficult for them to hear the evidence, and they ought to be able to hear every word. The prisoners ought to be nearer the judge. At present he did not think it was possible for a prisoner to have a fair trial. Mr. Baron Martin, in charging the grand jury, said that such a calendar for the county of Somerset had never been known in the memory of living men. One of the chairmen of the quarter sessions for the county had written to him offering to hold a sessions before the assizes, and he was almost sorry he had declined his offer, for then there would have been but twelve prisoners for trial at these assizes. There was no case of murder, nor, with one exception, a single case of personal violence. There are only seven cases in the cause-list, and not a single special jury case. This is one of the smallest cause-lists ever known in this county. During the trial of a case at Nisi Prius on Wednesday, the Court adjourned for a quarter of an hour, and the jury were desired to return within that time. After the judge had taken his seat one juryman was missing; his name was called, and messengers were sent after him, but he could not be found. At length some one stated that the chief constable had said he could find him in five minutes. Upon this the chief constable was called, and he stated that what he had said was that he could send his men, the policemen, out to search all the public-houses for the man, and he had no doubt by those means he could be found. After a lapse of an hour and fifty minutes the juror came into court. He was asked the reason of his absence and he stated that he had come from home without his breakfast, and had gone to take some refreshment as he had understood two hours were allowed. The learned Baron Channell reprimanded him for his conduct and fined him 207. His Lordship subsequently stated that he was convinced the chief constable had rendered the court assistance in the plan he had adopted. MACISTRATE AND PARISH Queries on Points of Practice. March 15. Falmouth Grantham Helston Hereford .... Nottingham Sandwich COUNTY PROSECUTIONS.-In one of the Scotch .. None 8 days 8 days 14 days 14 days 14 days 8 days None Statutory notice. Statutory notice. 8 days Town Clerk. L. T. Bencraft, R. Horne. J. J. Smith. J. S. Barnes.* G. W. Digby. P. F. A. Burnaby. 1. L. Surrage. TRUSTEE ACT.-Can any of your readers furnish me with a case in which it has been held that trustees authorised to invest in the stocks or funds, or upon Government or other approved securities at interest, with trusts for unborn children, are at liberty to invest in other than the Three per Cents., having regard that the 32nd section of the Trustee Relief Act 1859 is not retrospective by the decision in & Aitles's Trust. TRUSTEE March 15, 1860. JOURNAL. NOTES OF NEW DECISIONS. WINDING-UP-CONTRIBUTORY.-The Court of courts recently, when a case was called on, REAL PROPERTY LAWYER AND out of the order, for that the Joint-Stock Com NOTES OF NEW DECISIONS. WILL.-The H. of L. has certainly put a very large and liberal construction on a will inartifi-jurisdiction of the Court of Ch. is taken away in PRACTICE JURISDICTION.--It seems that the cially made. In Ashton v. Horsfield, 36 L. T. Rep. the case of a limited company and vested solely 1, the testator, without expressly giving his per- in the Court of Bankruptcy: (Re Davis's case, sonal estate or the interest thereof to any one, 36 L. T. Rep. 8.) directed his trustees "to retain what portion of the capital they thought fit to carry on his cotton manufactory, and pay the profits and surplus income" thereof annually to his daughters. It was held to be an implied absolute gift of the capital and income not so applied to the carrying on of the business. It was also held that, under a gift over of "all my real and personal estate situate in W. and H." might be included the capital employed in the business which was carried on at those places. SETTLEMENT-POWER OF ADVANCEMENT.-In Lloyd v. Cocker, 36 L. T. Rep. 9, a power in a settlement to raise money for the placing out of children in a profession, business, &c., "or for their advancement in life," was held to authorise in the case of daughters the raising of a marriage portion. Queries on Points of Practice. sum of money" rendering the deed liable to the 5s. per 1301. Queries on Points of Practice. THE DIAL NEWSPAPER.-The proprietors of this company stated that it was for the publication of a daily paper, and that it would not be published until twenty thousand share holders were obtained. As both these conditions have been previous to their abrogation liable for their calls? By giving broken, are the shareholders who signed the deed your attention to this matter you will oblige a great num ber of persons besides myself. X. Y. Z [Note. We very much doubt whether it is not a depar ture from the objects of the incorporation, possibly render ing the directors responsible to the shareholders and the public, without limit of liability.-ED. L. T.] MARCH 24, 1860.] the Bill will doubtless pass the House of Lords in its present form. I have not seen the clause in full, but I presume that at any rate these clerks will not be admitted to articles without passing the proposed classical, &c., examination, which is to be compulsory before admission to articles. If my presumption is incorrect, this clause is, in my opinion, highly obnoxious and unjust; and, I would ask, what is the use of having an examination preliminary to articles at all? The main object of the Bill in instituting such an examination is, as I understand, to secure the admission of none but gentlemen (at least by education) to the Profession. If, then, persons unqualified with respect to education for the position of gentlemen are to be placed, by merely passing ten years in the office of an attorney (during the whole of that time doing, perhaps, nothing but the drudgery of the office, for which, be it remembered, they receive a salary), upon an equal footing with gentlemen who have studied hard and spent much money in obtaining a degree at one of our Universities, this object will, in my opinion, be defeated, and great injustice done to those gentlemen, and also to others who have to pass the proposed preliminary examination, as well as very little honour reflected upon the Profession. Surely, if men of this class are to have an advantage, as to the duration of their service under articles, equal to that conferred upon a graduate of one of our universities, it is not too much to expect that during their ten years' service as ordinary clerks they should employ some of their leisure time in preparing themselves for the superior position in society to which it is their ambition to attain, by qualifying themselves to pass the proposed classical, &c., examination, and by so doing render the difference, in a literary point of view, between themselves and graduates of universities less wide and less evident than in most cases it decidedly is. If they did this, there would not, I think, be so nuch objection to the proposed clause. I should be glad to hear your sentiments, sir, on this subject, which is so important to the future status of the Profession. Although foreign to the subject immediately preceding, I may perhaps be permitted to say that I quite agree with "An Articled Clerk" in his views upon the subject of prizes at the examination of articled clerks, contained in his letter, inserted in your valuable paper of last week. I think with him that if some permanent distinction were to be conferred upon those deserving it at the examination, such as the addition of initial letters to the name, as is done by our Universities in their various degrees, the inducement to articled clerks to work hard and obtain honours would be much greater than it is under the present system of bestowing prizes. The power to do this, if not already in the hands of the council of the Incorporated Law Society, might, I should think, be easily obtained by them, and I feel certain that the institution of such rewards of study would be hailed with joy by every hard-working, reading, and honour-desiring student. A few words, sir, from your powerful and persuasive pen would no doubt go far to effect this much-to-be-desired object. Thanking you for allowing this to have a place in STUDENS. your valuable paper. March 15, 1860. Hilary Term 1860. (Continued from p. 10.) ON THE COMMON LAW. 1. What is a contract of record, and what are its peculiar attributes? 2. Explain the terms "privity" and "mutuality' What is a "nudum as applied to contracts. pactum ?" 3. During what period is the writ of summons in force? And how may it be renewed? 4. How may advantage be taken of the misjoinder of a co-plaintiff in an action? and "general a 5. Distinguish between "special" lien. In what cases is a general lien allowed at common law? a 6. How was the right of action for misrepresentation, recognised in Pasley v. Freeman, affected by the 6th section of Lord Tenterden's Act, 9 Geo. 4, c. 14? 7. How is the maxim "Interest reipublicæ ut sit finis litium" illustrated by the case of Marriot v. Hampton? 8. A. and B. are sued jointly in trespass by C., who obtains a verdict against both defendants, and issues execution against A. only; A. pays the damages and costs. Has A. a right to sue B. for contribution? 9. What is meant by an equitable plea? Is such a plea pleadable in ejectment? 10. Distinguish between the following offencessimple larceny, the obtaining of goods or money by false pretences, and embezzlement. 11. Put cases illustrating this proposition-that "a mere damnum absque injuriâ is not actionable." 12. What point was decided in Higham v. Ridgway as to entries against interest made by a person since deceased? 13. Under what circumstances may the right to stop goods in transitu be exercised? And how may the legal right to stop goods in transitu be defeated? 14. When and as against whom is notice of dishonour of a bill of exchange unnecessary? 15. Rent being in arrear, the landlord takes from his tenant a bond as security for it. Is the landlord's right to distrain thereby affected? State fully the grounds of your opinion. 16. What are emblements? A tenant in fee-simple sows land, and then devises the land by will, but dies before harvest time; shall the devisee of the land have the corn, or the devisor's executors? 17. Distinguish between (1) murder and manslaughter; (2) burglary and housebreaking. 18. State fully the nature of the action available and in whose name or names it should be brought-to recover damages for an assault and battery committed on a feme covert. 19. At the time of making a contract of sale the party buying the goods represented that he was buying them on account of persons resident in Scotland, whose names, however, he did not mention. The seller of the goods did not inquire who the real purchasers were, but afterwards debited the agent who purchased the goods. Would the vendor, upon these facts, be precluded from suing the principals for the price of the goods? 20. Specify various modes in which criminal proceedings may be commenced. 21. Would a warranty of soundness of a horse extend to defects patent at the time of sale? 22. “A chose in action is not assignable at law." What exceptions are there to this rule (1) under the common law; (2) under the statute law? ON THE LAW OF REAL PROPERTY. 1. A fee simple estate is granted by deed to A. and his heirs male; a similar estate is devised by will to What estates do A. and B. B. and his heirs male. respectively take? Give the reasons for your auswer. 2. Show the difference between estates in joint tenancy, tenancy in common and coparcenary. How and by whom may an estate in joint tenancy be severed? 3. Explain the operation of a conveyance by lease and release, and state in what way recent statutory enactments have affected this mode of conveyance. 4. A lessee, whose lease contains a reservation of a large ground-rent and onerous covenants, borrows money on mortgage. What form of mortgage would be most advantageous to the mortgagee, and for what reasons? 5. After A. has executed a voluntary conveyance of fee-simple estates in favour of his wife and children, what power or dominion over those estates remains in A.? Can a valuable consideration be supplied by any, and if any, what, acts of A., or any other persons, after such execution? 6. Explain the nature of the protection afforded, prior to 1846, by the assignment of a satisfied term to a trustee upon trust to attend the inheritance. 7. Give the different rules by which the courts are governed in construing-1. Powers of Sale in Settlements. 2. Trusts for Sale. 3. Powers of Sale in Mortgages, as to their exercise by the surviving Donees or Trustees, by the real or personal Representatives, or the Assignees of such Donees or Trus tees. 8. Point out the difference between a general and a What is the effect particular power of appointment. of a general devise (since 1837) by a donee of each of those powers? 9. Under what circumstances are the fee-simple estates of a testator liable by statute to pay his simple contract debts? State, shortly, the steps by which such a liability has been imposed. 10. Point out some of the principal alterations in the Law of Descent enacted by the statute 3 & 4 Will. 4, c. 106. A purchaser of an estate in feesimple dies intestate, leaving four daughters, and no other child or issue. One of these daughters dies, To what part of the whole leaving an only son. estate is that son entitled? State what difference of opinion exists on the point, and give your reasons for preferring one of those opinions. 11. By what general rule are the courts guided in deciding whether devises or gifts are vested or contingent? 12. By what superadded directions or limitations will a devise or gift, contingent in terms (for example, to A. when or if he shall attain twenty-one), be converted into a vested devise or gift? 13. Prior to the passing of the Act 22 & 23 Vict. c. 35, under what circumstances could trustees, baving a power of sale, but no express power to give good receipts, give valid discharges for the purchasemoney, and what alteration has the lastly-named Act made in this respect? 14. As to will's dated prior to the 13th of August 1859, what are the powers of executors over the real estate of their testator, in whose will there is a general charge of debts, and what alteration has the Act 22 & 23 Vict. c. 35. made in this respect? 15. What is the rule of the court as to enrolled or registered documents being notice to a purchaser? 16. In a transaction between vendor and purchaser, what is the point of time prior to which a purchaser must be fixed with actual or constructive notice of an incumbrance, so as to render him liable, in case he disregards such notice? though one or more parties to the transaction may have notice of prior incumbrances, and is there any exception to this rule? 18. What are the four requisites to the due creation of a use? and what words are sufficient to raise a use? 19. A fee-simple is limited to a purchaser and his heirs, to such uses as the purchaser shall appoint, and, in default of appointment, to the use of the purchaser, his heirs and assigns. Can the power so given be exercised by the purchaser? State the different opinions on the point, and give your reasons for adopting one of those opinions. 20. What is the effect of a limitation in which the estate of the cestui que use is greater than that of the grantee to uses? For example, if land be conveyed to A. for life, to the use of B. for life, in tail or in fee, what estate does B. take? JURISPRUDENCE AND THE CIVIL LAW. Roman law distributed servitudes, and what were the servitudes of Usufruct, Via, and Luminum. 2. What form did the distinction between legal and equitable rights assume in the older Roman law? Why was the importance which attached to this distinction in Roman jurisprudence inferior to that which belongs to it in English law? 3. Define an obligation and a contract, and explain in what the modern meaning of obligation differs from that which is found in the Corpus Juris. 4. What were the Roman contracts of commodate and mandate? To what department of contracts do they belong, and what are their equivalents in English jurisprudence? 5. What did the Roman jurisconsults mean by What were the measures of to exhibit diligence? diligentia, and under what circumstances was it a duty diligence in Roman law? 6. What was the distinction between the Roman delicts called respectively injuria and dumnum injuriâ datum? 7. What were the respective rights and duties of parties to the Roman contract of societas, so far as they are set out in the Institutes? Did the Roman law admit in any case the unlimited liability of partners? 8. What obstacles did the Roman law oppose to Are the disinherison of children by the parent? they more or less severe than the analogous probibitions in the Code Napoleon? 9. What is meant in the civil law by the phrases "universal succession," " singular succession," and "universitas juris"? State the distinguishing characteristics of a true universal succession, and say whether there are any true universal successions in English law. 10. What is the Roman distinction between a condition and a mode? In respect to conditions annexed to legacies, to what extent did the Roman law permit them to be restrictive of marriage? 11. What were the provisions of the Roman statute law by which fidei-commissary inheritances and bequests were assimilated to direct testamentary dispositions? 12. How did the Romans define a donatio mortis causâ? In what respects were the rights and duties of donees mortis causâ identical with those of legatees? 13. Explain the meaning of the following technical expressions: Res Nullius, Res Religiosa, Inventio, Conditio casualis, Tempus Civile, Deditio Noxæ Causâ, Traditio Brevi Manu. 14. What are the limits imposed by international law on the judicial power of a state over foreigners resident within its territory? "composite 15. What is the difference between a state " and a "system of confederated states"? Give examples of each. 16. Under what circumstances do states recognise foreign rules of intestate succession? GENERAL PAPER. 1. Contrast the dangers to which the Constitution was exposed in the reign of Charles the Second with those which threatened it in the reign of Charles the First. 2. Give an account of the progress of religious liberty in England from the reign of Elizabeth to the Toleration Act. 3. Compare the conduct of the Parliaments of James the First with that of the Parliaments of Elizabeth, and state the causes of any difference you remark between them. 4. A., who is seised in fee-simple of a freehold estate situate in a register county, mortgages it to B., who registers his mortgage; and afterwards to C., with notice of B.'s mortgage. C. also registers his security. A. then mortgages the same estate to D., who has no notice of C.'s mortgage, and who neglects to search the register. D., afterwards becoming aware of C.'s mortgage, registers his own security, pays off B.'s mortgage, and takes a conveyance from B. to himself. Is C. or D. entitled to priority as regards D.'s original advance? 5. A. mortgages leaseholds to B., and pledges chat17. In what cases can a person obtain a good title,tels personal to C. By his will, after mentioning the one of her Majesty's Privy Councillors, M.P. for the borough of Lewes, Chairman of the Committee of the House of Commons, and Chief Commissioner of the Board of Works.-Illustrated London News. BOROUGH QUARTER SESSIONS. THE Profession having at present no means of ascertaining the days appointed for holding the various Quarter Sessions for Cities and Boroughs, which are held at uncertain times, we purpose to publish the list of appointments, in future, if the Town Clerks will favour us with the necessary information. The following are already notified: Borough. upon Barnstaple.... NEW POST-OFFICE REGULATIONS.-A notice has been issued by the Post-office which mentions the alterations made in regard to the latest times for posting letters, &c. at the chief office, St. Martin'sle-Grand, for the provincial, colonial and foreign mails. The time for posting letters by the morning mails is extended. Letters for the provinces by the evening mails may be posted up to 6 p.m. without a fee; till 7 p.m. if bearing an extra penny stamp, or until 7 30 p.m. with an extra 6d. stamp. Newspapers Exeter and book packets will be forwarded up to the same hours with extra fees ranging from d., d. and 1d. Letters can be registered at the chief office for the morning mails between 7 and 7 15 a.m., and for the evening mails till 5 30 p.m. Letters by the day mail to France may be posted without fee till 11 45 a.m. The notice includes an amended list of post towns to which letters and newspapers may be forwarded by Nottingham the morning and day mails. Attention is directed to the necessity of depositing letters, &c. in the proper box. WESTERN CIRCUIT. Taunton, March 20.-This morning the courts were opened for business, Mr. Baron Martin presiding in the Crown Court and Mr. Baron Channell sitting at Nisi Prius. Mr Baron Martin complained very much of the construction of the court, stating that the prisoners were placed at such a distance from the witnesses that it would be extremely difficult for them to hear the evidence, and they ought to be able to hear every word. The prisoners ought to be nearer the judge. At present he did not think it was possible for a prisoner to have a fair trial. Mr. Baron Martin, in charging the grand jury, said that such a calendar for the county of Somerset had never been known in the memory of living men. One of the chairmen of the quarter sessions for the county had written to him offering to hold a sessions before the assizes, and he was almost sorry he had declined his offer, for then there would have been but twelve prisoners for trial at these assizes. There was no case of murder, nor, with one exception, a single case of personal violence. There are only seven cases in the cause-list, and not a single special jury case. This is one of the smallest cause-lists ever known in this county. Falmouth Hythe Sandwich ..... TRUSTEE ACT.-Can any of your readers furnish me with a case in which it has been held that trustees authorised to invest in the stocks or funds, or upon Government or other approved securities at interest, with trusts for unborn children, are at liberty to invest in other than the Three per Cents, having regard that the 32nd section of the Trustee Relief Act 1859 is not retrospective by the decision in Re Aitles's Trust. March 15, 1860. JOURNAL. TRUSTEE NOTES OF NEW DECISIONS. WINDING-UP-CONTRIBUTORY.-The Court of COUNTY PROSECUTIONS.-In one of the Scotch courts recently, when a case was called on, it appeared that two sets of counsel had been instructed to prosecute.-Mr. Claydon said he had been instructed to prosecute by a solicitor who had been retained by the relatives of the deceased parties. -Mr. Hessop, the deputy-clerk of arraigns, made a communication to the learned judge, and Mr. Justice Keating said he was informed that the chief of the county constabulary, Col. Hogg, had directed that the prosecution should be conducted by a gentleman who JOINT-STOCK COMPANIES' LAW had given his brief to Mr. Motteram.-Mr. Motteram said that was so.-Mr. Justice Keating said he was informed that that was the usual and regular course of proceeding.-Mr. Claydon said he should not have interfered in the matter had he not been instructed by a solicitor who was retained by the next of kin of Appeal has reversed the decision of Kindersley, the deceased parties. The learned counsel said that V.C. reported 1 L. T. Rep. N. S. 202, where it the parties who instructed Mr. Motteram were the appeared that the widow of a shareholder became solicitors to the proprietors of the colliery, who his administratrix, and as such sold some of the were liable to the next of kin. They were in- shares to purchasers, and caused the remainder terested parties, whereas the next of kin had to be transferred to her own name, but without a no interest in this inquiry beyond doing their duty.- formal compliance with the deed of settlement Mr. Justice Keating said it was usual in that county of the company, and without herself executing the for the prosecution to be directed by the chief of the deed. She paid a call and received dividends. police of the county.-Mr. Claydon said that was so in certain cases where the members of the constabu-She married, and on marriage assigned the shares lary were bound over to prosecute; but, in this upon trust for her separate use for life, with instance, Colonel Hogg had not given any instruc- remainder to the children of her first husband. tions to prosecute till long after the solicitors by The trustees repudiated the trusts, never acted, whom he (Mr. Claydon) was instructed had attended and no other trustees were appointed. The comthe coroner's inquest, had obtained copies of the depo- pany had no notice of the marriage. Afterwards, sitions, and made application to the magistrates for using her second husband's name, she gave a a warrant against the accused. The parties who now written order for payment of dividends to his appeared were, he contended, interested parties, and account with his bankers, and he received the not the proper parties to prosecute.-Mr. Justice dividends under that order until the bank Keating said he was informed that Colonel Hogg had directed the prosecution to be conducted by Mr. stopped payment. The shares, however, reMotteram, and he did not think he (Mr. Justice mained in the wife's name. On the company Keating) ought to interfere. His Lordship then told being wound-up, the names of husband and wife Mr. Motteram that he was regularly instructed, and were placed on the list of contributories. The directed him to proceed.-Mr. Claydon said he did V. C. held that the husband was not liable, and not intend to impute any impropriety to Colonel directed the insertion of the wife's name "in Hogg. respect of her separate estate." But the Court of Appeal now held both husband and wife to be liable, and the above restrictive words to be taken CONVEYANCER. During the trial of a case at Nisi Prius on Wednesday, the Court adjourned for a quarter of an hour, and the jury were desired to return within that time. After the judge had taken his seat one juryman was REAL PROPERTY LAWYER AND out of the order, for that the Joint-Stock Commissing; his name was called, and messengers were sent after him, but he could not be found. At length some one stated that the chief constable had said he could find him in five minutes. Upon this the chief NOTES OF NEW DECISIONS. constable was called, and he stated that what he had WILL.-The H. of L. has certainly put a very said was that he could send his men, the policemen, large and liberal construction on a will inartifiout to search all the public-houses for the man, and he had no doubt by those means he could be found. cially made. In Ashton v. Horsfield, 36 L. T. Rep. After a lapse of an hour and fifty minutes the juror 1, the testator, without expressly giving his percame into court. He was asked the reason of his sonal estate or the interest thereof to any one, absence and he stated that he had come from home directed his trustees "to retain what portion of without his breakfast, and had gone to take some the capital they thought fit to carry on his cotrefreshment as he had understood two hours ton manufactory, and pay the profits and surplus were allowed. The learned Baron Channell repri-income" thereof annually to his daughters. It was manded him for his conduct and fined him 207. His held to be an implied absolute gift of the capital Lordship subsequently stated that he was convinced and income not so applied to the carrying on of the chief constable had rendered the court assistance the business. It was also held that, under a gift in the plan he had adopted. over of "all my real and personal estate situate in W. and H." might be included the capital employed in the business which was carried on at those places. MAGISTRATE AND PARISH Queries on Points of Practice. March 15. SETTLEMENT-POWER OF ADVANCEMENT.-In Lloyd v. Cocker, 36 L. T. Rep. 9, a power in a settlement to raise money for the placing out of children in a profession, business, &c., "or for their advancement in life," was held to authorise in the case of daughters the raising of a marriage portion. Queries on Points of Practice. duty. A. B. though one or more parties to the transaction may have notice of prior incumbrances, and is there any exception to this rule? 18. What are the four requisites to the due creation of a use? and what words are sufficient to raise a use? 19. A fee-simple is limited to a purchaser and his heirs, to such uses as the purchaser shall appoint, and, in default of appointment, to the use of the purchaser, his heirs and assigns. Can the power so given be exercised by the purchaser ? State the different opinions on the point, and give your reasons for adopting one of those opinions. 20. What is the effect of a limitation in which the estate of the cestui que use is greater than that of the grantee to uses? For example, if land be conveyed to A. for life, to the use of B. for life, in tail or in fee, what estate does B. take? JURISPRUDENCE AND THE CIVIL LAW. 1. What were the various classes into which the Roman law distributed servitudes, and what were the rules by which the unlimited creation of servitudes was restricted? Give the equivalents, in English law, of the legal relations established by the Roman servitudes of Usufruct, Via, and Luminum. 2. What form did the distinction between legal and ex-equitable rights assume in the older Roman law? Why was the importance which attached to this distinction in Roman jurisprudence inferior to that which belongs to it in English law? 3. Define an obligation and a contract, and explain in what the modern meaning of obligation differs from that which is found in the Corpus Juris. 4. What were the Roman contracts of commodate and mandate? To what department of contracts do they belong, and what are their equivalents in English jurisprudence? 5. What did the Roman jurisconsults mean by to exhibit diligence? What were the measures of diligentia, and under what circumstances was it a duty diligence in Roman law? 6. What was the distinction between the Roman delicts called respectively injuria and damnum injuriâ datum? 7. What were the respective rights and duties of Did the Roman they are set out in the Institutes? parties to the Roman contract of societas, so far as law admit in any case the unlimited liability of partners? 8. What obstacles did the Roman law oppose to the disinherison of children by the parent? Are they more or less severe than the analogous prohibitions in the Code Napoleon? 9. What is meant in the civil law by the phrases "universal succession," "singular succession," and "universitas juris"? State the distinguishing characteristics of a true universal succession, and say whether there are any true universal successions in English law. 6. Explain the nature of the protection afforded, prior to 1846, by the assignment of a satisfied term to a trustee upon trust to attend the inheritance. 7. Give the different rules by which the courts are governed in construing-1. Powers of Sale in Settle-dition and a mode? In respect to conditions annexed 10. What is the Roman distinction between a con them to be restrictive of marriage? to legacies, to what extent did the Roman law permit 11. What were the provisions of the Roman statute law by which fidei-commissary inheritances and bequests were assimilated to direct testamentary dispositions? 12. How did the Romans define a donatio mortis causâ? In what respects were the rights and duties of donees mortis causâ identical with those of legatees? 13. Explain the meaning of the following technical expressions: Res Nullius, Res Religiosa, Inventio, Conditio casualis, Tempus Civile, Deditio Noxæ Causâ, Traditio Brevi Manu. 14. What are the limits imposed by international law on the judicial power of a state over foreigners resident within its territory? "composite state" and a "system of confederated states "? "Give examples of each. 15. What is the difference between a 16. Under what circumstances do states recognise foreign rules of intestate succession? GENERAL PAPER. 1. Contrast the dangers to which the Constitution was exposed in the reign of Charles the Second with those which threatened it in the reign of Charles the First. 2. Give an account of the progress of religious liberty in England from the reign of Elizabeth to the Toleration Act. 3. Compare the conduct of the Parliaments of James the First with that of the Parliaments of Elizabeth, and state the causes of any difference you remark between them. 4. A., who is seised in fee-simple of a freehold estate situate in a register county, mortgages it to B., who registers his mortgage; and afterwards to C., with notice of B.'s mortgage. C. also registers his security. A. then mortgages the same estate to D., who has no notice of C.'s mortgage, and who neglects to search the register. D., afterwards becoming aware of C.'s mortgage, registers his own security, pays off B.'s mortgage, and takes a conveyance from B. to himself. Is C. or D. entitled to priority as regards D.'s original advance? 5. A. mortgages leaseholds to B., and pledges chattels personal to C. By his will, after mentioning the |