by the said E. J. Jones with costs, such costs not to include the costs of the proceedings before me on the 7th Aug. last. Bretherton applied to his Honour to make an order upon the trustee for the return of the promissory note in his possession, which was surrendered by Jones on the execution of the bill of sale by Wilson. The application was opposed by Mr. Moore, on the ground that Mrs. Wilson, one of the guarantors to the note, was not before the court.. His HONOUR declined to make the order, and left it to Mr. Bretherton to consider what further course he would take in regard to the application. LEGAL NEWS. IT is stated that Government have determined to give Mr. Vernon Harcourt the refusal of the Solicitor-Generalship. PATENTS. From the recently-issued Report on Patents it appears that the aggregate surplus income, on balance of accounts, from 1852 to last year amounts to 1,612,9281. HON. J. BANCROFT DAVIS has presented to the Bar Association of New York a set of booksseventeen in number-containing a full report of the proceedings of the Geneva arbitration. THE NEW VICE-CHANCELLOR.-Mr. Charles Hall, the new Vice-Chancellor, took his seat for the first time on Thursday morning, in his court in Lincoln's-inn, and proceeded to dispose of the business in the list for the day. ON Monday evening next, the 17th inst., the opening meeting of the session of the Social Science Association will be held at their rooms in Adam-street, Adelphi, when Mr. Thomas Webster, Q.C., F.R.S., will read a paper "On Copyright as affecting the Property of British Authors in Foreign Countries." The chair will be taken at eight o'cloak. SOLICITORS ELECTED MAYORS 1873-4.-Folkestone-Mr. William Wightwick (2nd time); King's Lynn-Mr. J. O. Smetham (5th time). Mr. William Nichols Marcy, solicitor, Bewdley, and clerk of the peace for the county of Worcester, who resigned the office of town clerk in May last, after forty-one years' service, was unanimously elected mayor of the borough of Bewdley on the 10th inst. THE WINTER CIRCUITS.-Up to the time of going to press the times for holding the winter circuits had not been fully fixed. So far as at present arranged they stand thus: Division 1 (Mr. Justice Keating), Stafford, Nov. 29; Worcester, Dec. 6; Hants (Winchester), Dec. 11; Somerset (Taunton), Dec. 18. Division 2 (Mr. Justice Archibald), Leeds, Nov. 29; Chester, Dec. 10; Glamorgan (Cardiff), Dec. 15; Gloucester, Dec. 19. Division 3 (Mr. Baron Pigott), Kent (Maidstone), Dec. 1; Sussex (Lewes), Dec. 4; Essex (Chelmsford), Dec. 8; Surrey (Kingston), Dec. 11; Warwick, Dec. 15. Division 5 (Mr. Justice Quain and Mr. Baron Pollock), Manchester, Nov. 29; Liverpool, Dec. 10. The number of cases in each division already given will no doubt be considerably increased before the "commission day." Wallace and Arthur Welch of the Inner Temple; Charles Henry Wharton, of the Middle Temple; Sydney Edward Williams, of Lincoln's-inn; Robert Wilson and William Henry Charles Wilson, of the Middle Temple; and Arthur Yates, of Lincoln's-inn. At an examination of students of the Inns of Court in Hindu and Mahommedan Law, and laws in force in British India, held at Lincoln's-inn-hall, on the 27th, 28th, and 29th of October, 1873, the Council of Legal Education awarded to Messrs. George William Cline, of the Middle Temple; Thomas Von Donop Hardinge, of the Inner Temple, Charles Dalton Clifford Lloyd, of Lincoln's-inn, George McWatters and Raj Kissen Sen, of the Inner Temple, John Tweedie and Henry Charles Creighton Wood, of Lincoln's-inn, certificates that they have satis. factorily passed an examination in the subjects above mentioned. PRESENTATION TO A SOLICITOR.-A new Town hall for Lewes, built by public subscription on some land belonging to the Lewes Provision Market having just been completed, the following vote of thanks, emblazoned, framed and glazed, and surmounted with the Lewes arms, was on Saturday last presented to the clerk. It bears the following: "Lewes Town and Record Room. At a meeting of the Commissioners of the Lewes Provision Market, held at the above room, on Tuesday the 7th October, 1873. It was moved by Mr. Frederick Flint, seconded by Mr. Thomas Bruce, sen., and carried unanimously, That the best thanks of the Commissioners of the Lewes Provision Market be given to Wynne E. Baxter, Esq., their Clerk, for the able and efficient manner in which he has discharged the duties appertaining to that office, and also for the services rendered by him during the construction and completion of the New Town and Record Room, and that the High Constables of the Borough of Lewes be requested to have a copy of this resolution illuminated and presented to him-(Signed) Robert Crosskey, Chairman, Senior High Constable of the Borough of Lewes." MICHAELMAS TERM, 1873.-FIRST DAY. Questions 1 to 5 inclusive. II.-Common and Statute Law, and Practice of the Courts. 6. State the enactment of "The Common Law Procedure Act 1854," as to actions on lost instruments. 7. Should the loss be pleaded, what course should the plaintiff's attorney take? 8. When should coverture be pleaded in abatement, and when in bar? 9. How may a judgment be obtained against a British subject residing out of the jurisdiction? 10. In what case, and how, may a party producing a witness impeach his credit? 11. State what the law is as to stoppage in transitu. 12. What is the effect of a plea denying the agreement, with respect to the evidence necessary for the plaintiff in an action on a guarantee? 13. Explain the axiom " Actio personalis moritur cum persona," stating exceptions to the rule. 14. What claims may be set-off? 15. State the periods of limitation under the statutes in respect to simple, and special contract claims. 16. In what cases is infancy a defence? In what not? 17. What is the pleading rule as to defences arising after the commencement of an action? 18. What is necessary to make an equitable defence a good defence to an action? 19. Describe a good tender, showing how a tender may be invalidated by the mode in which it is made. THE INNS OF COURT.-At the general examination of students of the Inns of Court, held at Lincoln's-inn-hall, on the 30th and 31st of October, and the 1st of November, 1873, the Council of Legal Education awarded an exhibition of twentyfive guineas per annum, to continue for a period of three years, to Sidney Woolf, of the Middle Temple; and certificates that they have satisfactorily passed a public examination to the Hon. William Ashburnham, Messrs. Thomas Barclay, William Houstan Boswall, of the Inner Temple; and Christopher Cavanagh, of the Middle Temple; Montagu Clementi, Walter Wilson Leroux Cosser, James Sutherland Cotton, and Edward Morton Daniel, of Lincoln's-inn; George St. Leger Daniels, of the Middle Temple; Madgwick George Davidson, of Lincoln's-inn; William Oldham Dawson, of the Inner Temple; John William Edwards, of the Middle Temple; William Evans and Reginald Gray, of the Inner Temple ; William Manning Harris, of Lincoln's-inn; Jesse Herbert, Robert Johnson, and Sydney Twentyman Jones, of the Middle Temple; William Frank Jones, of Lincoln's-inn; Cecil George Kellner, of the Inner Temple; James Knighton, of the Middle Temple; John Gilbert Kotze, of the Inner Temple; William James Laidlay and John Kirkwood Leys, of the Middle Temple; William Samuel Lily, of the Inner Temple; John Page Middleton and Frank Normandy, of the Middle Temple; Alfred Nandy, of Lincoln's-inn; William Blake Odgers, of the Middle Temple; James Patten and James Biggs Porter, of the Inner Temple; Arthur Horatio Poyser, of Lincoln's inn; Meering Bloomfield Seager, of the Middle Temple; William Sheepshanks, of the Inner Temple; Samuel Stephens, of Lincoln's-inn; Edward Storr, of the Inner Temple: William John Tanner, Harold Thomas, and John Tweedie, of Lincoln's-inn; legacies? Henry Vansittart, of the Middle Temple; James 20. State some of the provisions of the Carriers' Act (11 Geo. 4 & 1 Will. 4, c. 68) as to carriers' liability for loss of goods exceeding the value of £10. III. Conveyancing. 24. B. buys 1000 acres of land which are conveyed to him in fee simple. He dies intestate, leaving a grandson (issue of a deceased daughter), a great grand-daughter (issue of a deceased son), and two daughters. Who will be entitled by descent to B.'s land? Give an authority for your answer. 22. If lands are devised charged with the pay. ment of debts alone, or charged with the payment of debts and legacies together, or charged with legacies only, can the devisee in either, and, if in either, which, of those cases make a good title to a purchaser or mortgagee without his being obliged to look to the discharge of such debts and 23. A testator being possessed of (1) fee simple lands, (2) stock in the funds, (3) mortgages of freehold interests in lands, (4) mortgages of lease. hold interests in lands, (5) furniture, (6) money at his bankers, and (7) money owing to him in business, devises and bequeaths all his real and personal property to trustees, to be divided amongst charitable institutions. State if the will will take effect as to the whole property, or, if not, as to what parts it will be inoperative, and why? 24. H., by his will, gives a legacy of £500 to his wife's sister (a stranger), and directs his executor to pay it on her attaining twenty-one. She survives H., and dies under twenty-one. Who is entitled to the legacy, and why? 25. If, say, 100 acres of land be limited by deed, or devised by will, to H. for life, remainder to his right heirs, what estate does H. take? and state what governs the construction of such limitation. 26. A tenant for life, with power of leasing, mortgages his estate. Is he thereby prevented from exercising his power? May or may not stipulations be made on the mortgage for the exercise of such power, and what would in ordinary cases be proper? 27. What is meant by the merger of a term ? and what are the requisites to effect it? 28. Where terms of years are created by settlements; what are the events usually expressed in the proviso for cesser of such terms? 29. What separate right has a mortgagor or mortgagee to lease premises which are in mort. gage? and what would be the lessee's tenancy holding a lease from one of them without concurrence of the other ? 30. Within what period must an estate vest when limited by way of future use or executory devise? From what time is such period reckoned? 31. A woman, having real property, marries without any settlement. What interest in that property does her husband acquire on the marriage? and has he any, and, if any what, powers over it? 32. A married woman is entitled to money secured by bond. Her husband dies in her lifetime before the bond is paid off. Who becomes entitled thereto ? If the woman dies, leaving her husband and a child, who can recover the money ? 33. What powers are usually inserted in marriage settlements where large estates are limited in strict settlement, and by whom and under what authority are they to be exercised ? 34. State the difference between a jointure and a dower? How is the former constituted, and how does the latter arise? 35. In what form should a mortgage of leasehold property be taken ?-and state, shortly, what provisions should be inserted in it. SECOND DAY. IV.-Preliminary. Questions 36 to 40 inclusive. He V.-Equity and Practice of the Courts. 41. Explain the meaning of the maxims, who seeks equity must do equity," and " Equity considers as done that which ought to be done." Give an instance of the application of each of such maxims. 42. State the different kinds of trusts recognised by our courts of equity. 43. Define an implied trust, a resulting trust, and a constructive trust. Give an example of each. 44. In the absence of a clause empowering trustees for sale to give receipts, can a purchaser from them pay his purchase-money without being bound to see to the application of it? State the authority for your answer. 45. In the absence of any direction on the subject in a will, from what time, and at what rate, is interest on pecuniary legacies payable; and what are the exceptions to the general rule? 46. If a pecuniary legacy be given to a creditor of the testator, in what cases will it be considered an extinguishment of the debt, and in what cases will it be otherwise? 47. State the distinction between a legal and an equitable debt; and give examples of each. 48. Are foreign judgments regarded in equity as specialty or simple contract debts; and to which class are Irish judgments considered to belong? 49. If real estate be charged by will with the payment of the debts of a testator, will such charge have the effect of reviving a debt which is statute-barred ? 50. Is an executor, under the usual decree for the administration of an estate, entitled to retain a debt due to him (though statute-barred) in preference to other creditors of equal degree? 51. State some of the objections to an equitable mortgage as a security. 52. Within what time, after the coming in of the last auswer (where there are more defendants than one), must the plaintiff in case of need, obtain an order to amend his bill, and within what time after the date of the order must the amendments be made? 56. What is the amount of the debt or debts due to the petitioning creditor or creditors requisite to found an adjudication in bankruptcy against a debtor ? 57. State some of the principal acts of bankruptcy. 58. From what time is the bankruptcy deemed to commence ? 59. State, generally, what property is, and what property is not, divisible among the bankrupt's creditors. 60. What are the rights and powers of the trustee in bankruptcy with respect to unmarketable shares in companies, or land burdened with covenants ? 61. What debts are entitled to priority of payment ? 62. What are the rights of a landlord for arrears of rent due from the bankrupt? 63. Have the creditors any, and what, power of removing the trustee in bankruptcy, and appointing another trustee in his place? 64. What settlements by the bankrupt are void against the trustee in bankruptcy? 65. What is the mode of proceeding if a debtor desires to liquidate his affairs by arrangement ? 66. What is the effect of bankruptcy on a person being a member of the House of Commons? 67. What is the effect of bankruptcy of one of several partners in a firm ? 68. What are the conditions on the fulfilment of which the court is authorised to grant the bankrupt an order of discharge? 69. What are the liabilities of an undischarged bankrupt to the creditors under his bankruptcy. 70. State some of the principal cases in which a bankrupt will be deemed guilty of a misdemeanor, and on conviction be liable to imprisonment ? VII. Criminal Law, and Proceedings before Magistrates. 71. What are the three great classes into which crimes are generally divided? 72. To which of these crimes does embezzlement of money by a clerk amount; and what is the punishment for it? 73. How does a conviction of felony affect the property of the prisoner ? 74. How far are strikes or combinations of workmen to raise the price of labour lawful, or the reverse? 75. Is evidence by comparison of handwriting admissible in criminal cases? 76. In what case can a person indicted and discharged recover costs from the prosecutor ? 77. Is housebreaking felony or misdemeanor, and what is the punishment for the offence? 78. What is the local extent of the jurisdiction of the Central Criminal Court? 79. If A. steal a coat in Middlesex and is found with it on him in a county beyond the jurisdiction of the Central Criminal Court, where should he be tried for the larceny? 80. How many justices of the peace must attend to constitute a court of quarter sessions in a county beyond the Central Criminal Court? 81. Can a convicted felon give evidence, or be a juryman ? 82. In what cases can husband and wife give evidence against each other? 83. How far is the evidence of an accomplice, with promise of pardon, admissible ? 84. Is duelling, where death ensues, murder or manslaughter? 85. What is the general rule in criminal cases as to the admissibility in evidence of the declara. rations of dececased persons? CORRESPONDENCE OF THE PROFESSION. NOTE.-This Department of the LAW TIMES being open to free discussion on all professional topics, the Editor is not responsible for any opinions or statements contained in it. LAW AGENTS.-I inclose you a circular and scale of charges which were received by my firm this morning, in an envelope marked private (and well it might be), from some people calling them selves "Law Agents and Accountants, Joint Stock Companies' Registration Agents, and Law Stationers," hailing from Southampton-row. It is truly astonishing how such people are allowed to trespass on the rights of the legal Profession, but it is even more singular that they should send their circulars to solicitors themselves. You will observe that their circular offers, or is supposed to offer, very great inducements to the country practitioner, as it states that their scale enables him to secure to himself nearly the full benefit of his charges; but I am sure all respectable country practitioners would prefer transacting their business through their London agents. The Incorporated Law Society should really take notice of letters of this nature, but it seems to view all inroads upon the rights and emoluments of the Profession with perfect apathy and indifference. BRUTUS. PRACTICE IN THE COLONIES.-May I ask the favour of your inserting this letter in the next publication of your widely diffused and influential journal. I write, Sir, to ask the opinion of your self (if I am not asking too much), as also to obtain the opinions of some of your readers who are best calculated to give reliable information on the subject of this letter, which is undoubtedly one which affects very closely a great many young members of the Profession, and many who, like myself, are lawyers in embryo. I have for some time past been surprised to see the very large number of applicants for admission as attorneys at each term, and I feel sure that all of them cannot be provided for, or at least as gentlemen with good education should be, out of the law business done by our branch of the Profession, unless, indeed, the public, taking our sad circumstances into consideration, with a charitable intent, should become more than usually litigious. The question of emigration suggests itself as a remedy to many minds, my own included, and it is upon this important subject I ask the favour of your opinion, and the insertion of these few lines. If a gentleman has passed through his articles here in England, and has been admitted, would it be necessary for him to serve under fresh articles in one of our colonies (Australia for example) in order to enable him to practise there as a solicitor? Would thus going to Australia, after having been articled here, necessitate an entirely new course of legal study? What would be some of the greatest difficulties and disadvantages of an English solicitor thus emigrating? I have often heard the question of the advisability of "trying the colonies" suggested by young law. yers and those about to become such. Indeed, as far as I can see and hear, the subject engages many minds, so that I feel assured that if you would answer these queries you would not only be obliging myself, but also would be conferring a great benefit on the Profession, especially its younger members. There is no prospect, so far as I can see, of the demand for legal labour increasing, and, this being so, if the labour increases, as it appears to be doing fast, it can only have one effect, namely, that the remuneration for that labour must decrease, which decrease, I am sure, the man who has paid so heavily for his legal education, admittance, and certificate to practise, as most men do, cannot possibly bear. Under these circumstances then, Sir, would it not be beneficial to the Profession at large if the emigration of some of its members took place? tions. AN INQUIRER. THE INTERESTS OF THE PROFESSION.-I fully agree with the editorial remarks which appeared in the LAW TIMES of the 1st inst., and with what was written by your correspondent, "A. B.," in the same impression. When that gentleman wrote, "Solicitors should combine, and, by acting in concert, uphold their privileges and secure their full emoluments," he hit upon the true and only remedy for most of the professional ills from which we suffer. Even our bucolic fellow-subjects in Warwickshire have recently taught us the power of combination. The present and past administrations have had to yield to the effects of well-concerted joint action, although they may have regarded acknowledged grievances urged by individuals without such combination with supreme contempt. The practical question is, How are solicitors to combine ? I would suggest the formation of a new Solicitors' Association with head quarters in the metropolis and a branch in every county town in England and Wales. As the object is to make it truly represent the just requirements of the Profession at large, the sub. scription should be small (say a guinea or half a guinea a year), so that as many as possible might be induced to enrol themselves as members. It should have a general meeting of its members once a year in London, and occasional meetings in the large provincial towns, such as Liverpool, Manchester, Birmingham, Bristol, Nottingham, &c., which should be the seats of the district com. mittee meetings. At such general meetings the general and district committees should be appointed, and the requirements of the Profession thoroughly discussed and a programme agreed upon. One of the chief objects of this association must be to have the "lower" branch of the Pro fession properly represented in the House of Commons, and all future legislation watched by the society, and its influence brought to bear upon it. It is consoling to know that we have at least two eminent London solicitors in Parliament at the present time. One object of the society, I propose, must be to increase that number until solicitors are fairly represented in the Lower House. There are, to my knowledge, several counties in England which do not possess any local law society, and I have observed that where such is the case, the esprit de corps is much lower than in those counties where such societies exist. The society need not wait for a building, there is a magnificent quadrangle at the Inns of Court Hotel in London, which would accommodate all who would assemble at the annual meeting, and I know of public rooms in all the other towns I have named where similar accommodation could be obtained. I do not profess to give anything like a detailed scheme. I, at present, have only sketched a very rough outline, but I trust that those, who like myself, have the interests of the Profession at heart, and recognise its requirements, will join me in elaborating a scheme which shall, at some future time, deserve the acknowledgments of our branch of the Profession. AN ATTORNEY-AT-LAW OF TEN YEARS' STANDING. 13. LEGACY DUTY.-J. G. by deed settled his real and personal estates upon trustees in trust, first for himself during his life, and upon his decease to convert the said estates into money, and out of the same money to pay to A. T., his sister-in-law, £70, and the remainder thereof to his nephew J. T. The settlement contains no power of revocation. Is the legacy to A. T., his sister-in-law, subject to legacy duty? if so, at what rate of duty per cent? R. H. J. 14. NOT PROVEN.-Will any of your experienced readers answer me the following question? Can a criminal be arraigned the second time fin Scotland with the verdict not proven ? 15. POWER.-A. has a power of appointment of freeholds "by writing under his hand and seal." Can the power be exercised by a will according to the Wills Act (1 Vict. c. 26) and not sealed? The Act provides (s. 10) that if executed as there set forth a will shall be a valid exercise of a power of appointment notwithstanding a further solemnity is required by the instrument giving the power. But see West v. Ray (K 392). Is sealing not an "additional solemnity" within the Act? See also Prideaux (4th edit., vol. 2, p. 269). A. B. A. 16. CONVEYANCING.-A., by arrangement with B., purchased freehold and copyhold land to be conveyed to C. (the son of A. and son-in-law of B.). The contract was in the name of A., to whom by mistake the land was afterwards conveyed, the purchase money being paid by B. A. died, having by his will dated in 1868, after devising other lands, given all his residuary, real, and personal estate, to two trustees upon trust to convert and divide the proceeds amongst his children living at his decease. The above mistake was not discovered until the estate had been wound-up, when, upon learning the facts the testator's other children agreed to any course requisite to rectify the error. The testator left five children, including two married daughters an i a daughter now a minor. One of the trustees is now of unsound mind, but it is believed he understands the position of the matter sufficiently to execute any necessary deed. advisable to take, and would any deed which may be What course, under the circumstances, would it be executed require acknowledgment by the married woman? SUBSCRIBER. 17. SALE OF GOODS-STATUTE OF FRAUDS.-Is a cheque for the value of goods over £10, drawn by the purchaser, and delivered by the purchaser of the goods to the vendor at the time of the purchase, and accepted by him as payment for the goods sufficient to satisfy the statute as "something in earnest to bind the bargain or in part payment," no part of his goods having been 18. INNKEEPER-LOSS OF PROPERTY-NEGLIGENCE.A. occupies an inn at D. He also occupies (under a different landlord) a booth on a racecourse, such booth being about two miles from the inn, and only used during the race week for the sale of ale and spirits. On Wednesday in the race week Y. handed his overcoat to the waiter at the booth with the sanction of A. to take care of. The coat was afterwards lost or stolen. Y. now claims damages for the loss. A. admits the facts, but says he is not liable as an innkeeper, the booth not being part of his inn, and that Y. was not a guest. Will any of your correspondents kindly give me their opinion and refer me to any cases? W. B. 19. CASE WANTED.-Where can I find a report of Waite v. Waite decided in the Divorce Court a few years ago? T. (25 L. T. Rep. N. S. 847.-ED.] 20. COUTTY COURT-EQUITY-FEES.-A decretal order provides that property be sold with the approbation of the judge, and that conditions of sale and abstracts be prepared, subject to the approval of the registar. This necessitates the registrar (A) sitting to inquire into fitness and approve of auctioneer and time and place of sale; also to inquire into value of property and fix reserve bids, and (B) to peruse and settle conditions and abstracts, &c., for which no fees are set out in the table of fees. Can any brother registrar tell me from experience or cases if for A the fee for sitting to make inquiries may be made; or any fee may be charged for either A or B ? REGISTRAR COUNTY COURT. 21. REPUDIATION OF BET.-A. bets B. that his neighbour's horse is black; B. bets A. that it is not. They each put £2 into the hands of C. as stakeholder. A. and B. go to see the horse and return satisfied that it is black. A demands the money from C.; B., although satisfied that the horse is black, and that he has fairly lost, "backs out" of the bet, and orders C. not to pay A. his (B.'s) £2 to A. C., however, pays it to A., the winner. Is he safe in so doing, under 8 & 9 Vict. c. 109, s. 18. or is be liable to an action by B. for money had and received? I have read Varney v. Hickman (17 L. J. 102. C.P.), but there the bet was repud ated before the event was ascertained, whereas in the case before put B. did not "back out," till after the event, was clearly ascertained Answers will oblige AN ARTICLED CLEEK. 22. LESSORS UNDER MARRIAGE SETTLEMENT.-A. is entitled to an individual share in copyholds (as a joint tenant) which were included in the settlement on her marriage with B., now deceased, who covenanted to procure A., on her majority, to surrender her interest therein to the trustees upon the trusts of the settlement, which has never been done. It is now desired by all who are interested in the copyholds to grant a lease thereof. Who are the proper lessors? and would it be sufficient if the beneficiaries demised and the trustees ratified and confirmed? A. B. A. (Q.1.) RELEASE OF DEBT BY WILL-LEGACY DUTY.— Legacy duty must be paid: (Attorney-General v. Holbrook, 3 Yo. & Jerv. 114). Z. Y. -The forgiveness of a debt by will is in law a legacy, and is subject to lapse by the death of the debtor in the testator's lifetime: (Elliott v. Davenport, 1 P. Wins. 83; Toplis v. Baker, 2 Cox.. 118; Izon v. Butler; 2 Price, 34; but see and compare Sibthorpe v. Moxon, 3 Atk. 580.) The observations of the Chief Baron in the judgment in Toplis v. Baker as to the mode of preserving a legacy from lapse are worth reading. When a testator by will releases a debt, this is in legal operation a legacy, so as to carry duty: (Attorney-General v. Holbrook, 3 Y. & J., 114; 12 Price, 407.) A. F. W. (Q.2) PRACTICE IN COLONIES.-Admission to practice in the Colonial Courts, independent of express regulation, is legally in the discretion of the presiding officer. In some cases there are regulating Acts (e. g., for New South Wales, 9 Geo. 4, c. 83), ut I am not aware of any relating to Queensland. Attorneys and solicitors are admitted, as of course, on producing their certificates. Clark's Colonial Law may perhaps give further information, but the writer has no opportunity of referring to it. G. H. (Q.3.) NOTICE TO QUIT.-The notice though addressed to Brown and Robinson only would be a sufficient notice to Smith if it appeared on the face of it that the landlord intended to resume the sole possession of the entire property. As to the service of the notice it would be left to the jury to say whether the notice had not reached Smith. This they would probably presume ander the circumstances: (Jones v. Marsh, 4 Term Rep. 464; Doe v. Crick, 5 Esp. Rep. 196; Doe v. Watkins, 7 East. 551.) Z. Y. Where two tenants hold premises in common, a notice to one of them is sufficient to determine the tenancy(Doe and Macartney (Lord) v. Crick, 5 Esp. 196). It is evidence of a notice to the other tenant, who lived elsewhere: Doe and Bradford (Lord) v. Watkins, 7 East, 551; 3 Smith, 517.) Jones can eject Smith, Brown, and Robinson, and by the C. L. P. Act, 1852, s. 168, the writ must be directed to the persons in possession, and to all persons entitled to defend the possession of the property claimed. A. F. W. The judges of the Courts who allow these pests to appear are as much or more to be condemned than the agents" themselves. Perhaps the best remedy is provided by the Stamp Act, 1870, ss. 59, 60. It is, however, a difficult question to deal with, especially when they are countenanced as they are by those before whom they appear. See also 6 & 7 Vict., c. 73, s. 2; 23 & 24 Vict., c. 127, s. 26. A person may be indicted for acting as an attorney, when not admittkd or enrolled: (R. v. Buchanan, 8 Q. B. 883; 15 L. J., 2 B. 227, 13 J. 423, Q.B.) A. F. W. (Q. 5.) SUCCESSION DUTY ACT.-Succession duty, calculated in the usual way, is payable by the present owner in respect of the cesser of the annuity. When he purchased in 1871, his solicitor should have foreseen that duty would sooner or later be payable on the cesser of the annuity, and should have had it allowed for out of the purchase-money. The case was analogous to that of a purchase from tenant for life and remain derman. As to the rate of duty, by the combined effect of sects. 5 and 15 of the Succession Duty Act, the duty will be the same as would have been payable by A., that is, 10 per cent. T. E. H. I think that no duty is payable, since A., "the person originally entitled" (see sec. 15) was never liable to pay any. An able paper on the succession duties appeared in the LAW TIMES of the 4th Jan, last, to which I would recommend reference. H. G. - The question involves very difficult considerations, which in all probability will require judicial authority in order to a satisfactory solution. Z. Y. (Q. 6.) LOCAL AUTHORITY UNDER THE GAS WORKS CLAUSES ACT.-If A. F. W. had used a reasonabie degree of diligence before penning his query he would have read sect. 4 of the Gas Works Clauses Act 1871; sect. 2 of the Gas and Water Works Facilities Act 1870, and these sections would have led him to schedule A. of the last mentioned Act, where he will find the desired information. Z. Y. (Q. 7.) CONTRACT-DEBT-RUNNING ACCOUNT, &c.— The contract appears to have been one and indivisible. If B., therefore, in the first action could have recovered the further sum-but did not adduce evidence in sup. port of his claim-he will be barred if he has elected under 9 & 10 Vict. c. 95, s. 82, and County Court Com. mon Rule, No. 74 of 1867, to accept the money paid into court in full satisfaction of his claim, otherwise by the same rule "the cause may proceed." Z. Y. The splitting of causes of action is not allowed; but even assuming that Nos. 2 and 5 involved separate causes of action, B. could not now sue; for if the causes of action may be joined they must (Girling v. Aldus, 2 Keble, 617.) H. G. (Q. 8.) INTEREST IN LAND.-S. A. should have given the circumstances relative to the agreement for mortgage. An agreement for a mortgage, where the deeds are deposited, is not within the Statute of Frauds as in such a case," the contract is not to be performed but is executed:" Russell v. Russell (1 Bro. C. C. 269). In order to constitute an equitable mortgage it is essential that there should be an actual delivery, for a mere verbal agreement to make a deposit of this kind will be insufficient: Ex parte Coombe, in Re Beavan (4 Mad. 259); parte Coming (9 Ves. 117), and equity will not enforce the specific performance of a written agreement to borrow a sum of money on mortgage: (Rogers v. Challis, 27 Beav. 175.) A. A. R. not conferring an interest expectant on death on the person in whose favour the same shall be made, shall be accompanied by the reservation or assurance of or contract of any benefit to the grantor, or any other person, for any term of life or for any period ascertainable only by reference to death, such disposition shall be deemed to confer at the time appointed for the determination of such benefit an increase of beneficial interest in such property, as a succession equal in annual value to the yearly amount or yearly value of the benefit so reserved, assured, or contracted for, on the person in whose favour such disposition shall be made." As the question supposes a sale in consideration partly of cash and partly of an annuity, it would appear to be a transaction within the exception of "a bona fide sale," and therefore no succession duty would be payable. Legacy duty is. sale under that will, but not succession duty upon the clearly payable under A.'s will for the proceeds of the falling in of the annuity. I shall be glad to elicit further opinion upon the point, as a somewhat similar case has occurred to me. D. LAW SOCIETIES, LEGAL PRACTITIONERS' SOCIETY. This society has for its object the reform of the existing state of the Legal Profession. The want of such a society has long been felt, and the demand for it has been rendered all the more imperative by the recent and the impending legislative changes in our judicial system. Societies for promoting these changes, as well as societies for the amendment of the law itself, already exist. This society is of a less ambitious character, and will confine its operations to the reform of proved abuses in connection with the Profession only Although its basis is thus restricted, it will have no lack of work to perform. Among the subjects which are likely to engage its attention may be mentioned the following: 1. To define the rules of etiquette of the Legal Profession, and reduce them to a written code. 2. To define the rights and liabilities of the two branches of the Legal Profession inter se, as well as in relation to the public. 3. To place the government of the Legal Profession on a sound representative basis. 4. To protect the Legal Profession against the depredations of unqualified men. Members of the Legal Profession of every dewhether barristers or attorneys-at-law, gree, solicitors, special pleaders, conveyancers, proctors, articled clerks, or students of the Inns of Court, are eligible for membership. Members' annual subscription, 5s. The expenses are not likely to be great, and the subscription has been fixed at an almost nominal amount, to secure the adhesion of as many of the Legal Profession as possible. Moral influence is much more needed than material aid. Any movement for the reform of the existing state of the Legal Profession, to be permanently successful, must necessarily proceed from within, and secure the hearty co-operation and support of both branches of the Profession. Members of Parliament, and other laymen of distinction, are eligible for the office of viceExpresident. The annual subscription of vice-presi dents is 1 guinea. Donors of 5 guineas are eligible as life vice-presidents. It would appear from Jeakes v. White (21 L. J. 265, Ex.), that an agreement for a mortgage of freehold land is an interest in land within the meaning of the 4th section of the Statute of Frauds. In that case the agreement (which was not in writing), was not an agreement for a mortgage, but merely to pay the expenses of the investigation of the title in case the loan should go off; but the observations of the judges mest strongly imply that if it had been an agreement to mortgage it would have required to be in writing, as relating to an interest in land within the Statute. "Platt, B.-Was the defendant bound to mortgage the lands ?" "Pos. sibly he was not." "Alderson B.-Then the contract merely relates to the investigation of a title, not to any interest in land, and is not within the Statute." Pollock, C.B., concurred. A writing is doubtless essential, and it may be added that unless there is one the proposed mortgagee's solicitor cannot recover his charges from the proposed mortgagor, in case the negotiation should go off: (Melbourne v. Cottrell, 29 L. T. Rep. 293, Q. B.) T. E. H. (Q. 9.) EJECTMENT.-This question is stated too succinctly. As it stands there can be but one answermere lapse of time is no ground for the presumption that the cestui que trust has acquired the legal estate. If S. B. had stated what the trust was, and what the dealings of the cestui que trust with the property have been, the way would have been clear to consider whether, according to the decided cases, there is such a probability that the legal estate has been conveyed that a jury would be directed to presume a conveyance. But as it is, I see nothing to prevent an application to the court for the appointment of a new trustee. Any further information may be obtained from office of the LAW TIMES, 10, Wellington-street, the Hon. Secretary, Charles Ford, Esq., at the Strand, London, W.C., to whom all communica tions should be addressed by members of the Legal Profession desirous of joining the society. Subscriptions may be paid to the Treasurer, W. T. Charley, Esq., D.C.L., M.P., 5, Crown Officerow, Temple, London, E.C.; or to the society's bankers, Union Bank (Chancery-lane Branch). N.B.-A preliminary meeting will be held on Thursday, the 20th inst., at 7.30 p.m., at the Adam-street, Adelphi, London, W.C. rooms of the Social Science Association, No. 1, PETERBOROUGH ARTICLED CLERKS' DEBATING SOCIETY. A MEETING of this society was held at the New County Courts, Peterborough, on Thursday evening, Oct. 30, John Percival, Esq., in the chair. The subject of discussion was, A., a spinster, engaged to be married to B., demands a return of correspondence which has passed between her and B.; Can she subsequently sue B. for breach of promise of marriage?" Mr. Bower opened the debate. The motion was negatived by a majority of five. LAW STUDENTS' DEBATING SOCIETY. BRISTOL ARTICLED CLERK'S DEBATING SOCIETY. A MEETING of this society was held at the Law HUDDERSFIELD LAW STUDENTS' On Friday evening, the 7th Nov., E. Tindal At- WILLIAM ORANGE MARSHALL, ESQ. T. H. HADDAN, ESQ. Shepard. Sur. Nov. 22 WILLIAMS, HENRY, quarryman, Llanelly. Pet. Nov. 8. Reg. Paper-bldgs, Temple, London. Pet. Nov. 8. Reg. Wilton. Sur. CRAVEN, FRANCIS, cotton merchant, Liverpool. June 9, 1973 Liquidations by Arrangement. FIRST MEETINGS. Gazette, Nov. 7. 1833 he became a member of Brasenose College, ALEXANDER, FREDERICK, wholesale paper merchant, Portsea CLARK, HECTOR BENJAMIN, tallow melter, Leadenhall-market, CLEMENTS, HENRY, hairdresser, Exeter. Pet. Nov. 3. Nov. 19, three, at offices of Sol. Sampson. Manchester DOEL, WILLIAM, jun., labourer, Westbury. Pet. Nov. 4. Nov. FIELD, JOHN, WOOD, WILLIAM SHELLEYS, WOOD, WILLIAM, and HAYNES, JOHN GEORGE, Stockbrokers, Warnford-ot, GAME, THOMAS, harness maker, Tooley-st, Southwark. Pet. GINNETT, WILLIAM, travelling circus proprietor, Hopwood, R. M. RICHARDS, ESQ. THE GAZETTES. Professional Partnerships Dissolbed. Gazette, Nov. 8. BELLHOUSE, THOS. T. and BOND, JAS., solicitors, Manchester. Bankrupts. ERRATUM-In Gazette of Oct 28, for JOHN ALLAN PARK, read To surrender at the Bankrupts' Court, Basinghall-street. PIESSE, GEORGE AUGUSTUS, dealer in jewellery, Lyon's-inn- To surrender at the Bankrupts' Court, Basinghall-street. Pet. GIRVAN, HUGH, out of business, Liverpool. Pet. Nov. 5. Dec. GORSE, MARY, poulterer, Liverpool. Pet. Nov. 4. Nov. 20, at GREENHALGH, SAMUEL, confectioner, Bury. Pet. Nov. 3. Nov. three, at offices of Sols. Lawrence, and Dixon, Liverpool HARRIS, WILLIAM, jun., commission agent, Bartlett's-bldgs, HATCH, GEORGE, plumber, Great Yarmouth. Pet. Oct. 31. Nov. 18, at twelve, at Blake, accountant, Great Yarmouth. Sol. Nov. 19, at three, at office of Sol. Marshall, Durham HIGGINSON, GEORGE, photographic artist, Southport. Pet. Nov. HILL, HENRY, provision dealer, Manchester. Pet. Nov. 4. Nov. HOWES, JOHN, butcher, Lower Edmonton. Pet. Nov. 3. Nov. 25, IRVING, ROBERT, clog manufacturer, Carlisle Pet. Nov. 1. Nov. man LLOYD, THOMAS, grocer, Norton Bridge. Pet. Nov. 3. Nov. 14, at MILNER, DANIEL, jun., publican, Honley. Pet. Nov. 4. Nov. 20, MORGAN, THOMAS, bootmaker, Aberystwith. Pet. Nov. 5, Nov. MUNT, JOHN WILLIAM, jun., provision merchant, Southampton. OWEN, RICHARD, farmer, Beddgelert. Pet. Oct. 29. Nov. 21, at narvon PRESTON, JOHN, plumber, Stretford. Pet. Nov. 4. Nov. 21. at ter PRINCE, JAMES, trainer of horses, Patcham. Pet. Nov. 4. Nov. PYNE, WILLIAM, in lodgings, Taunton. Pet. Nov. 1. Nov. 19, at RICE, GEORGE, clerk to a solicitor, Hereford-rd, Bayswater. Pet. ROBERTS, WILLIAM HENRY, attorney, Golder's green, Hendon, SAMBROOK, JOHN, and SAMBROOK, SAMUEL, builders, Stoke-on- SAUNDERS, GEORGE SHARP, underwriter, Cornhill, and Reigate. SAUNDERS, WILLIAM WILSON, underwriter, Cornhill, and Rei. SCHOEFFT, AUGUST, artist, Regent-st. Pet. Oct. 27. Nov. 20, at SCHOFIELD, ABRAHAM, sen., SCHOFIELD ABRAHAM, sen., and SMITH, JOSEPH WILLIAM, greengrocer, Dewsbury. Pet. Nov. 4 STANLEY, JOHN, boot manufacturer, Leicester. Pet. Nov. 3. STANTON, JAMES, and LONGMORE, JAMES, ironmasters, West- STERRATT, ISRAEL, wood turner, Manchester. Pet. Nov. 3. STEVENSON, JOHN, commercial traveller, Stoke-on-Trent. Pet. TATLEY, PHILIP, out of business, Bolton. Pet. Nov. 3. Nov. 18, VICKERS, EDWARD, builder, Bedford. Pet. Nov. 4. Nov. 20, at WALTERS, FRANK, lithographer, Museum-st, Oxford-st, and WATSON, WILLIAM JAMES, commission merchant, Manchester. WESTBROOK, JOHN EDWIN, baker, Deptford. Pet. Oct. 30. WINDEBANK, WILLIAM, grocer, Isle of Wight. Pet. Nov. 4. Gazette, Nov. 11. AINSLEY, THOMAS, grocer, Sunderland. Pet. Nov. 6. Nov. 24, at BARTLETT, CHARLES, Birmingham agent, Charles-st, Hatton- BRAND, WILLIAM HENRY, metal broker, Middlesborough. Pet. CAMPBELL, ALEXANDER WISE, traveling draper, Bedminster. CHATTERLEY, JOHN, grocer, Birmingham. Pet. Nov. 5. Nov. CLAPTON, JOHN, out of business, Sidbury. Pet. Nov. 8. Nov. 26, DOBBS, GEORGE, carriage builder, Albion-rd. Hammersmith. DORRINGTON, WILLIAM HOWITT, dealer in agricultural imple- DUNN, JOHN, grocer, Kingston-upon-Hull. Pet. Nov. 6. Nov. FANSTONE, WILLIAM. butcher, Romsey. Pet. Nov. 7. Nov. 25, at four, at office of Sol. Kilby, Southampton GOODALL, GEORGE, baker, King's-rd, Chelsea. Pet. Nov. 6. Nov. Pet. Nov. 4. Nov. 19, HODGKINSON, WILLIAM, shoe manufacturer, Chorlton-upon- HOPKINS, WILLIAM, surgeon, Handsworth. Pet. Nov. 6. Nov. HORN, SAMUEL, Kettering, and BURRELL, WILLIAM ROBERT, KANE, CORNELIUS, boot dealer, Liverpool. Pet. Nov. 7. Nov. KELLY, JOSEPH, builder, Pendleton. Pet. Nov. 5. Nov. 24, at MITCHESON, JOHN, grocer, South Shields. Pet. Nov. 8. Nov. OLIVER, JOSEPH, plumber, Metheringham. Pet. Nov. 7. Nov. ford-row two, at office of Sols. Messrs. Eyre, John-st, Bed- MOST PERSONS ARE FAMILIAR with RIBBONS, ELIJAH, pork butcher, Southampton-st, Camberwell. Pet. SHAW, HUGH, bricklayer, St. Helen's. Pet. Nov. 6. Nov. 24, at TAYLOR, SAMUEL, carved oak furniture manufacturer, High-st, TAYLOR, THOMAS, chemist, Bloxwich. Pet. Nov. 7. Nov. 25, at THOMAS, JOHN, grocer, Taliesin, par. Llancynfelin. Pet. Nov. Pet. Nov. 7. Nov. 24, at eleven, at offices of Sol. Turner, VANE, GEORGE, brassfounder, Birmingham. Pet. Oct. 22. Nov. WARDEN, JAMES, commission agent, Birmingham. Pet. Oct. 18. WILKINSON, WILLIAM, commercial traveller, Sheffield. Pet. YATES, JOHN, machine maker, Birstal. Pet. Nov. 8. Nov. 25, at ZEWYBAUM, ABRAM BEAR, builder, Beaumont-sq. Mile-end-rd. BRIEF PAPER, 158. 6d., 178. 6d., and 23s. 6d. per ream. THE NEW"VELLUM WOVE CLUB-HOUSE" NOTE, "We should direct particular attention to their New Club- INDENTURE SKINS, Printed and Machine-ruled, to hold twenty SECONDS OF FOLLOWERS, Ruled, 1s. 11d. each, 22s. per dozen, RECORDS OF MEMORIALS, 7d. each, 6s. 6d. per dozen. LEDGERS, DAY-BOOKS, CASH-BOOKS, LETTER OF MINUTE-BOOKS FUNERAL REFOers bill have long operated at REFORM. The exorbitant an oppressive tax upon all classes of the community. With what is known as the "THREE YEARS' SYSTEM" What will hold good for Pianofortes will hold good for THE OWNER OF A HOUSE in the same way as they have already become the owner of A very wide CHOICE in the SELECTION both of HOUSES TO LET THESE HOUSES FOR A PERIOD OF At the end of which Time, if the Rent be Regularly Paid, Will become the absolute Property of the WITHOUT FURTHER PAYMENT OF ANY WITHOUT ANY IMMEDIATE OUTLAY IN MONEY, BEYOND THIS SMALL SUM NO PAYMENT OF ANY KIND IS REQUIRED BY THE SOCIETY New System of Purchasing a House, MAY BE SUMMED UP AS FOLLOWS: 1. Persons of Limited Income, Clerks, Shopmen, and 2, Their RENT CANNOT BE RAISED. 3. They CANNOT BE TURNED OUT OF POSSES. 4. NO FEES or FINES of any kind are chargeable. 5. They can leave the House at any time without notice. 7. Finally, NO LIABILITY or RESPONSIBILITY The BIRKBECK BUILDING SOCIETY have on thei FRANCIS RAVENSCROFT, Manage. |