29. No, the goods have been delivered to the debtor under a mistake as to his identity, consequently they never vest in him or pass to his trustee. (See ex parte Barnett, 3 Ch. D., 123; Baldwin, 3rd edition, p. 110.)

30. No, the defendant may move for judgment on his counter-claim, the counter-claim being admitted by the plaintiff not replying to it, and need not commence a fresh action. (McCowan v. Middleton, W.N. 1883, p. 75. Overruling Vavasseur v. Krupp, 15 Ch. D., 474.)

31. The stolen goods having been found in the prisoner's possession amounts to presumptive proof that he has received them. The knowledge of the prisoner at the time of receiving the goods that they were stolen can either be proved directly, by the evidence of the principal felon, or circumstantially, as by showing that the prisoner bought them much under their value, denied that they were in his possession, &c. Evidence may also be given that there was found in his possession other property within the preceding 12 months; or, after evidence has been given that the stolen property has been in his possession, evidence may be given that he has been convicted within the five preceding years of any offence involving fraud or dishonesty. In the latter case, however, seven days' notice in writing must be given to the accused that proof will be given of such previous conviction. (Harris, 2nd edition, p. 218.)

32. (1.) He will not be liable for the acts of his co-conspirators before he joined the conspiracy. (2.) Acts done, or words spoken by co-conspirators in the execution or furtherance of their common purpose, are deemed to be done or said by every one. On the other hand, statements as to measures taken in the execution of the common purposes are only evidence against the conspirator or conspirators who make such statement. (Stephen's Digest of the Law of Evidence, 3rd edition, Art. 4.)

33. (1.) If the Justice does not think that the evidence is sufficient to put the accused on his trial, he may discharge him. (2.) If the evidence raises a strong or presumptive case against the accused, he may commit him for trial. In this case the Justice may either send the accused to gaol, or (except in treason) admit him to bail.

Before committing the prisoner for trial, the Justice must read, or caused to be read, to the accused the depositions, and ask him if he wishes to say anything in answer to the charge; cautioning him that he need not say anything, but that anything he does say will be taken down in writing, and can be used against him at his trial. (Harris, 3rd edition, p. 316.)

34. If the executors of the will do not or cannot act, or if there be no executors appointed by the will, or if the surviving executor dies without leaving executors, then a grant of administration, with the will annexed, will be made. (Dixon's Probate, 229; Harrison's Probate and Divorce, 2nd edition, p. 63.)

35. The presumption regarding unattested alterations in a will, is that they were made after the execution, unless they bear some indication of the date when they were made. And if probate is required of the will as altered, the applicant must be prepared with proof that the alterations were made before the execution of the will. (Dixon's Probate, 94; Harrison's Probate and Divorce, 2nd edition, p. 50.)

36. The husband will lose all interest, present or future, in such chose in action, as the coverture ceases by the divorce, and the wife becomes absolutely entitled to all chose in action which the husband has not reduced into

possession. The Married Women's Property Act, 1882, makes no difference in this respect.

37. After directions given as to the mode of trial of a cause, or at any earlier stage by order, the wife, whether respondent or petitioner, may file her bill of costs for taxation as against her husband. The registrar then ascertains what sum of money is sufficient to be paid into court by the husband, or for which he should give security to cover the wife's costs in the action, and orders the husband to pay or secure such sum within a limited time. Such order will not be made if the wife has separate property of her own sufficient to provide for her costs.

The old rule was, that where a wife was respondent, and failed, and costs were awarded to her, she never got a larger sum for her costs than the sum which the registrar had already ordered to be brought into court, or in respect of which security was given. In Robertson v. Robertson, 6 P. D. 119, the Court of Appeal laid down the rule, that when the wife's solicitor has fairly and reasonably conducted the defence, he ought to be paid his whole costs by the husband, and that the amount was not to be limited to the amount ordered to be brought into court. (Divorce Rules, 158; Dixon, p. 380.)

38. The general rule is that the claimant will not be entitled to salvage. The exception is where the claimants are actually summoned to assist by the persons on board a ship, then, if the ship be ultimately saved, they will be entitled to remuneration for their services, even although the services prove unsuccessful. (Eustace Smith's Admiralty, 2nd edition, p. 88.)

39. The plaintiff will be entitled to an order for payment against the defendant and his sureties as regards the amount for which bail has been given, and he is entitled to an order for payment against the defendant for the balance. By the Admiralty Court Act, 1861, sec. 15, all decrees or orders of the Court of Admiralty can be enforced in exactly the same way as orders made by the Superior Courts of Common Law, and now, by the Judicature Acts, they can be enforced in the same way as any orders made by any other division of the High Court. (Eustace Smith's Admiralty, 2nd edition, p. 134.)

40. He may work existing mines, but cannot open fresh ones, at least witnout the consent of the patron and ordinary, and it is very doubtful, if he can do so with such consent.

The incumbent may cut timber for proper and necessary repairs for the rectory or vicarage house, buildings, and premises; he cannot, however, sell timber to make a general repairing fund. (Eustace Smith's Ecclesiastical Law, 2nd edition, p. 73.)

INCORPORATED LAW SOCIETY.

INTERMEDIATE EXAMINATION.

The following candidates were successful at the Intermediate Examination held on the 21st of June, 1883 :

Thomas Allison, William Langstaff Ainslie, Ernest Ash, B.A., James Spencer Atkinson, Harry Shakespeare Badger, Walter Balshaw, John Edward Banks, Herbert James Barclay, Charles John Barlow, Arthur Wilfred Bate, Ernest Farrer Baynes, Arthur Geach Beale, B.A., William Beer, B.A., Francis Henry Augustus Bell, William Bentley, William Thomas Bettany, Charles James Billson, B.A., Alfred Blackburn, Thomas Augustus Bland, Samuel Bloomfield, Arthur Colville Blumer, Charles Edward Bonner, B.A., William Bramwell, Clarence McKinnell Brazil, Arthur David Brooks, Thomas John Harrowsmith Brogden, George Albert Bromet, George Arthur Brown, Edward Lambert Burgin, Henry Charles Burnham, Benjamin Beeley Burrows, Herbert Charles Butlin, B.A., William Knapp Cargill, Albert Edward Carr, Edward John Honey Carter, William James Catherall, William James Catton, George Gilbert Caught, Walter Shawcross Chadwick, George Herbert Charlesworth, James Henry Charnley, William Moore Gibbs Chillcott, Edmund Brown Viney Christian, George William Churchley, John Luskey Coad, Leonard Coleman, Henry Cooke, Frederic Ernest Cooper, Thomas Henry Cornish, Stephen Fairbairn Cotton, B.A., Herbert Louis Noel Cox, Claude Willian Legassicke Crespin, Arthur Henry Cullingford, B.A., Walter Frederick Cunliffe, B.A., John Cufaude, John Roland Davis, Richard Davis, Samuel Davies, Charles Frederic Dawson, William Dawson, B.A., Horace Francis Day, Robert William Day, Cyril Charles Stephen Dean, Francis James Dickson, Richard Cecil William Dixon, Henry Paschal Duggan, Henry Robert Elton, George Emerson, Goronwy Maelor Evans, Harry Clifford Ferns, Henry Fielding, William Custance Fisher, Henry Alfred Fitz Maurice, Edward

Munkhouse Fort, B.A., Henry Robert Ashton Fry, Morris Nattali Fuller, Thomas Gill, Thomas William Ginn, Charles Edward Glascodine, Albert Hamilton Godfrey, Thomas Henry Goode, Edward Llewellyn Griffiths, Charles Francis Haigh, Herbert Charles Hardy, Albert Henry Hargreaves, Arthur Chambers Harris, Joseph Montague Haslip, B.A., Francis Henry Hawkins, Frederick Joseph Hayward, William Hunter Higgin, Ernest Hind, William Hodgkinson, John Abercrombie Holdsworth, Arthur Holmes, Frank Holt, John Edgar Hopgood, Herbert Arthur Howe, John Charles Hudson, Melville Hughes, Augustus Hunt, David Thomas Jeffreys, B.A., Herbert Adams Jessop, Lewis William Hugh Jones, Vincent Clifford Jones, Edgar Kempson, Sydney Alfred Guy Kempster, George Anthony King, B.A., Henry Charles King, Thomas William Love King, Charles Constant Lob, Arthur Thompson Longbottom, Henry Looker, William Lovell, M.A., Charles Edward Lutener, George Marris, Arthur Edwin Marston, Albert Edward Masters, Charles Arthur Mayhall, William Robert Millar, Joseph Benjamin Murray, James Walkden Newton, Reginald Robert Griffith Norman, Patrick Edmund O'Hare, James Ambrose Parsons, B.A., George Passingham, William Harry Patterson, B.A., Percival Paul, Elwin George Wilson Phillips, Albert Edward Phipps, Joseph Hardy Pickford, John Plummer, Arthur Sidney Potter, Reginald William Potter, Frederick Horace Priestley, Albert Edward Ratcliffe, Arthur Edgar Ramsdale, Alfred Edward Randall, Charles Savile Rashdall, B.A., Arthur Leopold Rayner, Theodore Redfern, David Williams Rees, Wyndham Rees, Theophilus Haynes Reed, William Griffith Richards, B.A., Richard John Roberts, James Francis Robinson, William Blews Robotham, Henry George Robson, James Albert Rodway, William Henry Jopling Ryder, George Josselyn Salmon, Arthur Edward Savile, Charles Joseph Roper Scudamore, Patrick Galway Costello Shaw, Henry Samuel Shelswell, Albert Slater, George Cruddas Smith, William Smith, William Symons Smith, Walter Lawson Smithson, Arthur Edward Bromehead Soulby, Walter Hamlyn Speed, William John Standring, Edward John Stannard, Cecil Roland Stephen, Frederick William Stevens, Charles William Vanderstegen Stewart, Robert Clayton Suggett, Francis John Tarr, John Taylor, William Keating Taylor, Arthur Hier Thomas, Walter Charles Townsend. Fiennes Trotman, George Vandamn, Henry Charles Wanklyn, Thomas Rouse Watson, Frank Watts, James Williamson Wearing, Samuel Wells, Frederick Ledsam Wheeler, John Henry White, James Lyon Whittle, Williams Wastell Whytehead, M.A., John Thirbill Wigan, James Whiteley Wilkin, Arthur Trevor Addams Williams, Bulkeley Robert Wynne Williams, Charles Herbert Williams, Hopton Addams Williams, Philip Henry Willmot, Alexander Hayman Wilson, Edmund Thompson Gilchrist Wilson, Laurence Wilson, William Courthope Townshend Wilson, Robert Cecil Winder, Thomas Henry Woodham, Peter Jones Wooding, James Yonge Woollcombe, Francis Edward Yapp, Frederick William Yardley.

The number of candidates examined was 296; of these 201 passed as above, and 95 were postponed.

FINAL EXAMINATION.

The following Candidates were successful at the Final Examination held on the 19th and 20th June, 1883 :

Ronald Henry Alexander, Charles Frederick Almond, Walter Andrew, Charles Clarke Armstrong, Robert William Ashburner, Sherard Arthur Ashington, Henry Bankes Ashton, Edmund Henry Baker, Edward Percy Baker, Francis Edward Foster Barham, Harold Murdock Barrows, Edward Stevenson Barry, B.A,; Thomas Charles Bartlett, Henry St. John Hick Bashall, Albert Edward Beaumont, Thomas Herbert Bedford, Herbert Wright Bell, Charles Betham, William Henry Billinghurst, Arthur Stanley Bishop, Bernard Edmondson Bishop, Frederick Turner Bloxam, Frank Albert Bonner, John William Botsford, B.A.; Charles Edward Blackmore Bowker, Richard Handford Boycott, Charles Albert Braim, George Frederic Bremner, Stephen Brewster, Harry Riley Sims Briggs, Richard Howe

Brightman, John Fry Brougham, John Brown, Robert Brown, Arthur Browne, Philip Henry Bullard, Edgar Buttanshaw, Henry John Calder, Henry Jesse Calley, Charles William Callis, Edward Robert Carr, James Frederic Cartmell, John George Clabburn, Edward Seymer Clark, William Hubbard Clements, Herbert Clementson, Harry Laird Clowes, Frederick Richard Date Clutsom, Herbert Theophilus Coates, Henry Raleigh Colborne, Joseph Stoyle Coppock, Ernest Thomson Corbitt, Thomas Fothergill Wilson Crawhall-Wilson, B.A.; Edward Herbert Crossman, B.A. ; Charles Herbert Currey, Louis Charles Danger, William Henry David, David Davies, Thomas Emery Davies, Edward Pinder Davis, Ernest Desquesnes, Alfred George Dinn, Percy Dixon, Thomas Dyson, Arthur William Easterling, Owen Lewis Edwards, William Codrington Elers, B.A.; Bernard Ellis, George Beloe Ellis, Percival Clennell Fenwick, George Bedford Fitter, Gordon Manthorpe Folkard, Edward Foord-Kelcey, Harry Bevan Wedgewood Foulger, Ernest Cope Fowke, George Arthur Samuel Frank, Charles Edward Luard Freeling, B.A.; Charles Fry, William Gamble, Thomas Pearse Gandell, B.A.; Martin Baring Gardiner, Edward Bell Gee, Charles Henry Gibson, Joseph Edward Gilson, Paul Gleadow, John Chaffey Glyde, Edward Everard Stratford Gooding, Frederick Goodwin, Graham Gordon, George William Gray, James Gray, B.A.; John Henry Green, William Thomas Gwyn, Andrew Charles Hallett, William Booth Halliwell, Henry Happold, Edward Hardisty, Charles Edward Shirley Hardman, Arthur Edmund Glascott Harris, William Henry Hartley, David Skinner Haslam, Charles James Haviland, B.A.; William Irving Hawken, Frederic Herbert Heald, John Claypole Heald, B.A.; Alfred Octavius Hedley, Walter Hennels, John Rossell Henson, B.A.; Robert John Hewitt, John Hextall, William Tinker Hick, Harry Hocombe, John Edward Holloway, Arthur Frank Holman, Arthur Holmes, Charles Walsham How, B.A.; Benjamin James Howorth, Samuel Hoyle, Alfred Bernard Hudson, Thomas William Hughes, Whitworth Henry Reginald Hughes, James Joseph Hunt, Robert Mitford Ilderton, B.A.; Beaumont Tice James, Morgan Manby James, William Henry Jeffrey Jenkins, Herbert Jervis White Jervis, B.A.; Walter Badworth Jessopp, James John, Charles Cotgreave Jolliffe, Arthur Clare Joshua, Eugene Judge, George Francis Kellock, George Penkivil King, John Henry King, Richard Andrew Kingsbury, John Hassall Kirtley, William Thomas Reeve Knapp, Edward Walter Horton Knight, William Henry Knowles, Arthur Herbert Latter, Cornelius Law, Edward Wallis Lemon, George Lennox, Lionel Ley, William Livesey, Albert Lomas, Geoffrey Warter Peele Loxdale, B.A.; Charles Gardner Tottenham Lucas, Edmund William Luke, Horace Sampson Lyne, Allan Ernest McAdam, Robert McConnell, Albert Charles Mackintosh, Joseph Edge Malkin, Arthur French Mant, Thomas Marriott (of Batley), Francis John Marsh, William Henry Mason, Edward Richard Mattocks, John Patrick Mearns, George Edgar Mew, Arthur Leopold Miers, John Phethean Monks, William Lyndon Moore, Ebenezer Morris, Albert Myers, Arthur Edward Nalder, Ramsay Nares, Williamson Newbould, George Herbert Newman, Hedley Faithfull Norris, Jesse Norris, Philip Charles Novelli, B.A.; William Louis Joseph Orton, Joseph Haslewood Parkes, Henry John Stoddart Parsons, Ernest MacFetrish Patterson, Edward Francis Paull, Thomas Kearsley Peacock, Ronald Peake, George Samuel Pearce, William Alfred Pearson, Cyril Warner Lee Pemberton, Henry Perrett, Charles Phillips, B.A.; Llewelyn Pierce, Henry Albert Edward Plant, Francis George Playne, John Metcalfe Pollard, James Marshall Allen Poncia, James Eyre Poppleton, Henry Simcox Pratt, William Pratt, Thomas William Pritchard, B.A.; John Arthur Procter, William Bayly Ransom, Edward Henry Ridge, Francis Millett Rickards, Herbert Edward Robertson, Francis James Robinson, Owen Robyns-Owen, James Thomas Rossiter, Arthur Francis Rowe, John William Rudd, B.A.; Clarence Edwin Rutter, Charles Herbert Caley Saltwell, Charles Francis Saunders, Thomas Augustus Sommers

Scott, William Nicholas Mercer Scutts, Samuel Heywood Seville, Joseph Smith Shaw, Edmund Shutttleworth, William Vazie Langdale Simons, Joseph Skelly, Alexander Smith, Arthur Stephenson Smith, Charles Herbert Smith, Ernest Thorney Smith, John Sidney Smith, William Smith, Frank Stallibrass, Arthur Treacher Stephens, William Stephenson, Charles James Stewart, B.A.; Charles Stimson, Graham Stokes, Gerald Sturt, Martin Stuttard, Frederick Eustace Swabey, B.A.; Charles Lacy Sweet, Edward Isaac Sydney, Arthur Heath Sykes, Philip Tabourdin, Alfred Tarbolton, Richard Taylor, Alfred Randle Thomas, William John Titcombe, Ernest Todd, Arthur Turner, George Tyers, Arthur Ritchie Upjohn, Henry Verden, George Guy Vertue, John Edw rd William Wakefield, B.A.; Henry Walker, James Walker, Arthur Thomas Wallis, John Nixon Watts, Walter Richard Burgoyne Watts, Charles Herbert Waugh. Tom Webb, Alexander Herbert Webber, M.A.; Henry Mills Welsford, B.A.; Arthur William Weyman. Cecil William Wheeler, Charles Richard White, Julius Alfred White, Arthur George Whitworth, John Peters Wilkes, James Wetherall Willan, William Retlaw Jefferson Williams, William Percy Cogan Wills, Joseph Wilson Wilson, Robert Bailey Wilson, Wilton Wood, Thomas Cato Worsfold, Arthur Henry Worthington, B.A.; Edwin Payton Francis Wright, James Scarr Yeoman. The number of Candidates examined was 352, of these 270 passed as above, and 82 were postponed.

HONOURS EXAMINATION.

At the Examination for Honours of Candidates for admission on the Roll of Solicitors of the Supreme Court, the Examination Committee recommended the following gentlemen as being entitled to Honorary Distinction:

FIRST CLASS. [In order of Merit.]

1. Charles William Callis, who served his clerkship to Mr. William Tew Holland, of Blackburn; Messrs. Milne, Riddle. & Mellor, and Messrs. Bolton, Robbins, Busk, & Co., of London.

2. Arthur Ritchie Upjohn, who served his clerkship to Mr. William Moon, and Mr.William John Gilks, of London. 3. Arthur William Easterling, who served his clerkship to Mr. Charles Mills, of the firm of Messrs. Mills & Bibby of Huddersfield.

4. John Hextall, who served his clerkship to Mr. Robert Thompson Stoneham of London.

5. John Sidney Smith, who served his clerkship to Joseph Larke Wheatley, of Cardiff; and Mr. Edwin Andrew, of London.

SECOND CLASS. [In alphabetical order.] George Beloe Ellis, who served his clerkship to Mr. John Kendall, of the firm of Messrs. Kendall, Price, & Francis, of London.

Charles Fry, who served his clerkship to Mr. George

Newby Watson, of Darlington; and Messrs. Iliffe,
Russell, Iliffe, & Cardale, of London.

Edward Henry Ridge, who served his clerkship to Mr.

Samuel Richard Dew, of Llandudno and Bangor; and Mr. Charles Milne Barker, of London. Thomas Angustus Sommers Scott, who served his clerkship to Mr. James Dundas Down, of Dorking. Samuel Heywood Seville, who served his clerkship to Mr. Fenton Granger Atkinson, of the firm of Messrs. Atkinson, Saunders & Co., of Manchester. Charles Herbert Smith, who served his clerkship to Mr. William Wilkinson, of York.

THIRD CLASS. [In alphabetical order.] Walter Andrew, who served his clerkship to Mr. William John Saxon, of the firm of Messrs. Grundy, Kershaw, Saxon, & Sampson, of Manchester and London. Sherard Arthur Ashington, who served his clerkship to Mr. Edward Swift, of Sheffield; and Messrs. Bell, Broderick, & Gray, of London.

Charles Edward Blackmore Bowker, who served his clerkship to Mr. Bryans Thomas Limbert Ackland, of Saffron Walden; and Messrs. Andrew, Wood & Glasier, of London.

Charles Henry Gibson, who served his clerkship to Mr Charles John Howe, of the firm of Messrs. Brownlow and Howe, of London.

James Gray, B.A., who served his clerkship to Mr. Henry William Trinder, of the firm of Messrs. Trinders & Romer, of London.

Alfred Octavius Hedley, who served his clerkship to Mr. Charles Kidson, and Mr. Alexander George Mackenzie, of the firm of Messrs. Kidson, Mackenzies, & Kidson, of Sunderland.

Walter Badworth Jessopp, who served his clerkship to Mr. Leverton Jessopp, of Bedford; and Messrs. Ullithorne & Co., of London.

Albert Charles Macintosh, who served his clerkship to Mr. William Pitman, of the firm of Messrs. Pitman & Son, of London.

Arthur Edward Nalder, who served his clerkship to Mr. George Bellamy Nalder, of Barrow-in-Furness. James Marshall Allen Poncia, who served his clerkship to Mr. Edward Worsfold Mowll, of Dover; and Mr. Joseph Gatey, of London.

Ernest Thorney Smith, who served his clerkship to Mr. John Hearfield, and Mr. Henry Casimir Lambert, of Hull.

The Council of the Incorporated Law Society have accordingly given Class Certificates and awarded the following prizes of books:

To Mr. Callis, the prize of the Honourable Society of Clement's Inn-Value 10 guineas; and the Daniel Reardon Prize-Value about 25 guineas.

To Mr. Upjohn, the prize of the Honourable Society of Clifford's Inn-Value 5 guineas.

To Mr. Easterling, the Prize of the Honourable Society of New Inn-Value 5 guineas.

To Mr. Hextall and Mr. John Sidney Smith, prizes of the Incorporated Law Society-Value 5 guineas each.

The Council have given class certificates to the candidates in the second and third classes.

The number of candidates who attended the examination was 73.

DATES OF EXAMINATIONS DURING THE YEAR.-Preliminary, 24th and 25th October. Intermediate, 8th November. Final, 6th and 7th November. Bar Final, 16th, 17th, 18th, and 19th October. Full particulars as to next year's Examinations will be published next month.

Rquiqus.

Questions on the Modern Law of Real Property. By Louis ARTHUR GOODEVE, of the Middle Temple, Barrister-atlaw. London: W. Maxwell & Son. 1883. (Price 2s. 6d.) WE last month reviewed Mr. Goodeve's work on real property. This is a book of questions on the work, divided in chapters to agree with it. Students reading the book will do well, after a perusal on any chapter, to go through the questions on it. They are, we think, very well framed. An Epitome of the Laws of Probate and Divorce. By J. CARTER HARRISON, Solicitor, &c., 2nd edition. London, Stevens and Haynes, 1883. (Price 7s.)

WE favourably reviewed the 1st edition of this book in January, 1881. Since then several important alterations have been made in Common Form, Probate matters, and also in Divorce procedure, so that a new edition was very desirable. The work is considerably enlarged, and, we think, improved, and will be found of great assistance to students.

W

SEPTEMBER 1, 1883.

PRIZE ESSAY COMPETITION.

E have received 17 Essays in this com-
petition, and have awarded the prize to
Mr. FRED. W. BECK,
Luton, Beds.,

Solicitor's Articled Clerk. His Essay is published in another column. We desire also to commend the Essays of Mr. T. Smith, of Blackheath, and Mr. E. D. Little, of Blackburn, both Solicitors' Articled Clerks. Some of the Essays caused us considerable amusement in reading, and except about half-a-dozen they were weak efforts. We think the successful Essay is a good sound one, and will be perused by many with interest and profit. Mr. Beck can receive his prize by writing his selection to Messrs. Stevens & Haynes, Law Publishers, Bell Yard, Fleet Street, E.C.

NOTES OF THE MONTH.

We have very little space at our command this month for our Notes on account of the various other matter which will be found in this number, but this

is the less to be regretted as being vacation there is very little to say.

WITH regard to the November examinations, we would call students' attention to a letter received by the Editor from the secretary of the Law Institution, and published in another column.

WITH regard to practice, we take it that what is meant is this-that the practice questions will embrace that part of the practice which is unaltered by the New Rules; students can therefore, if they like, simply read up the old practice, but bearing in mind that everyone should aim at what is practically useful, we should strongly suggest that whilst they are doing the old practice they read up the new, or better still, read a new practice which will serve all purposes.

THERE will be a new edition of the Editor's Manual of Practice in about a fortnight, as it is in the Press now, and it is believed that it will be found to contain everything that can be required on the new practice, as no pains have been spared with it.

WE have given some notes of the alterations affected by the New Rules in another column.

THE legislation of the past session will receive our attention during the month, and the usual epitome of statutes will be published in our October number.

ALL students who are going in for their examination for November most certainly should have concluded their vacation by this time, and we would warn any who labour under the delusion they can work during their holidays, that the probability is they will do very little useful work until they come back.

WE are pleased to note the establishment of another Law Students' society, viz.: The Newcastle-upon-Tyne Law Students' Society. The secretary is Mr. Scott, 55, Pilgrim Street, Newcastle-on-Tyne. We wish it every success.

THE FINAL EXAMINATION IN NOVEMBER NEXT.

-

HAVING had a great number of inquiries from students -as indeed was to be expected-as to what course would be taken at the above examination as to the New Rules and as to the new Bankruptcy Act, we wrote the Secretary of the Law Institution, and herewith are copy of our letter and the reply:22, CHANCERY LANE, LONDON, W.C. 20th Aug., 1883. DEAR SIR, AS I have a great many enquiries from students on the subject I should esteem it a favour if you can inform me on the following points :

1. Will the Final Examination in November embrace

the subject of Bankruptcy, and if so, will it be an examination upon the old or new Bankruptcy law?

2. Will the examination in November embrace the subject of practice of the Courts, and if so, will it be upon the old practice or upon the new practice, which will then be in force under the New Rules?

I propose if you can favour me with a reply in the course of this week to publish the same in the Law Students' Journal for the information of students generally. The point is one upon which they are very anxious, and it will probably save you some trouble in replying to numerous enquiries on the subject.

Students' Casqs.

In re Photographic Artists' Co-operative Supply
Association, 23 Ch. D., 370 (C. A.)

Where a winding up order has been made on the ground that the company cannot pay its debts, and the company appeals without joining anyone personally for payment of costs, the company will, as a general rule, be ordered to give security for costs. NOTE in Indermaur's Manual of Practice, 2nd edition, p. 175; Eustace Smith's Companies, 2nd edition, p. 62. In re Brown, Ward v. Morse, 23 Ch. D., 377 (C. A.) The plaintiff brought an action against the defendant who set up a counter-claim. Both succeeded. The plaintiff in his action, and the defendant in his counterclaim. The plaintiff obtained the costs of the action, the defendant the costs of his counter-claim, The question arose on taxation as to how the amount of costs of each was to be arrived at.

DECIDED that the plaintiff was entitled to the whole costs of the action, and that the defendant was only entitled to the extra charges he had incurred on account of his counter-claim, and the defendant was not entitled, as contended on his behalf, to a moiety of the common charges in the action, such as term fees, attendance in court, &c.

NOTE in Indermaur's Manual of Practice, 2nd edition, p. 110.

In re Dronsfield Silkstone Coal Company, 23 Ch. D., 511 (Chitty J.)

The assets of the above company were insufficient for payment in full of the costs of the winding up

and other costs which had been ordered to be paid by the official liquidator out of the assets.

The question arose, how the assets were to be distributed between the liquidator and other persons entitled to costs.

It was admitted that the official liquidator was not entitled to remuneration, as the assets were not suffi cient to pay costs.

DECIDED (1) That the costs of the official liquidator of realizing and getting in the assets must be paid in full out of the assets in priority to all other costs. (2) That all other costs of the official liquidator (eg., the costs of unsuccessful actions against contributories) and the costs of other persons ordered to be paid out of the estate, must be paid rateably out of the remaining assets without regard to the priority of the dates of the orders. NOTE in Eustace Smith's Summary of Companies, 2nd edition, p. 61.

Beer v. Foakes, 11 Q. B. D., 221 (C.A.)

The plaintiff recovered judgment against the defendant for £2,090. Subsequently an agreement in writing was entered into between the plaintiff and defendant, that the defendant should pay part of the sum recovered by the judgment immediately, and the remainder by instalments, and the plaintiff undertook not to take any further proceedings under his judgment. The defendant duly performed the terms on his part, but the plaintiff, whilst some of the instalments were unpaid, and before they became due, applied by summons under Order 42, rule 19, to be allowed to issue execution on his judgment.

DECIDED by the Court of Appeal, reversing the decision of the Queen's Bench Division, that the agreement was a mere nudum pactum, and not binding on the defendant,

NOTE in Indermaur's Common Law, 3rd edition, p. 226; Indermaur's Common Law Leading Cases, under the case of Cumber v. Wane.

Ingram v. Little, 11 Q. B. D. 251.

A guardian, ad litem, is not a party to the action to whom interrogatories may be issued. NOTE in Indermaur's Manual of Practice, 2nd edition,

p. 73.

Jolliffe v. Baker, 11 Q. B. D. 255.

The plaintiff bought land of the defendant. The defendant, in the negotiations prior to the sale, represented to the plaintiff that it comprised 3 acres. After completion of the purchase and conveyance to the plaintiff it was discovered that the land amounted only to 2a. 1r. 12p. After completion of the purchase, the plaintiff (the purchaser) sought to recover from the defendant (the vendor) compensation for this difference.

The County Court Judge from whom the appeal was brought, found, as a fact, that the defendant, in making the misrepresentation, believed it to be

true.

DECIDED (1) That an action for compensation would not lie after completion of the purchase. (2) That there is no such thing as "legal" fraud in the absence of moral fraud.

NOTES. This judgment of Watkin Williams, J., in this case, deals in a most exhaustive manner with the point of when compensation can be obtained by a purchaser for misrepresentations which he has only discovered after completion of the purchase, and is one which should be