Abbildungen der Seite
PDF
EPUB

any other legal works to search for and read the various references to standard works and reports usually given in the footnotes, or do you think it is a waste of time ?Yours, &c. F. H. S. [Use a little discretion and common sense, for if you were to refer to and fully look at everything you might spend all your articles over one book.-ED. L. S. J.]

H. BARBER.-January 1886, if you are articled for five years.-[ED. L. S. J.]

STUDENT.-You really should refer to some simple text book, and not write us on such a point. (See George IV., c. 14, sec. 1.)-[ED. L. S. J.]

A. C. FAIRE.-There will be a new edition of "Indermaur's Manual of Practice" this month, but we do not know of any new edition of any other of Mr. Indermaur's works just yet.-[ED. L. S. J.]

E. C. F.—If you want insertion, it must be sent and paid for as an advertisement.-[ED. L. S. J.]

H. J.-Read Smith's Leading Cases, if time permits. If it does not, you must be satisfied with an epitome. Perhaps you may omit Smith's Compendium.-LED. L. S. J.]

QUESITOR.-The case you mean is Re March, Mander v. Harris.-Law Times, 23rd June, 1883.-[ED. L. S. J.]

Q. E. D.-It is impossible to give such general advice in these columns, and we always refuse to do so.-[ED. L. S. J.]

CRIPPS.-(1) No; (2) Yes; (3 & 4) Read Indermaur's Manual of Practice. 3rd edition, which will be out almost directly. It comprises equity and common law; (5) No, read the new Act; (6) Yes.-[ED. L. S. J.]

ALPHA.-Intermediate, November, 1884. Final, January, 1886.-[ED. L. S. J.]

H. W.-You must wait till June.-[ED. L. S. J.]

J. DAWSON.—Yes, send up your Cambridge local certificate. Send notices by post or by agents, as you like.-[ED. L. S. J.]

Read

DUM SPIRO SPERO.-If you read the 10th edition you must note up alterations. The new Act will suffice. Harris' Principles, and Harrison.-[ED. L. S. J.]

Rquiqws.

The Duties of Solicitor to Client as to Sales, Purchases, and Mortgages of Land. By EDWARD F. TURNER, Solicitor, Lecturer on Real Property and Conveyancing, and one of the Assistant Examiners for Honours to the Incorporated Law Society for 1882-3. London: Stevens & Sons. 1883. (Price 10s. 6d.)

THIS work is a reproduction of nine lectures delivered by Mr. Turner at the Incorporated Law Society, and he has endeavoured to present the student with some practical information and assistance on various matters in Conveyancing. No doubt he has succeeded to a certain extent, but like most reprints of lectures the present work shows a great deal of laboured simplicity that is no good, and in some places points of real difficulty go unexplained. How weak, for instance, are Mr. Turner's few remarks on consolidation (p. 302), a subject on which explanation is so essential. In many places also we find these lectures bare and even misleading, wordy and nothing more. For instance, in dealing with an attornment clause (p. 246), the most important and practical effect of the Bills of Sale Acts, 1878 and 1882, is not touched on. We could show a great many omissions and misleading statements, but after all we must remember we are but reviewing some lectures

which like most legal lectures are unsatisfactory to peruse; and though we cannot think the work much good for strict examination study, yet it may usefully be taken up for office reading by any young articled clerk who wants to check his knowledge and improve upon it.

The Philosophy of Common Law. A primer of legal prin ciples, illustrated by a variety of leading cases. By the late HERBERT BROOM, LL.D. 3rd edition. Remodelled and almost rewritten. By JOHN C. H. FLOOD, of the Middle Temple, Esq., Barrister-at-law, &c. London: W. Maxwell & Son. 1883. (Price 6s.)

WELL might one wonder what is this book about, being styled "Philosophy of Common Law." A more unfortunate title could not have been given any work and the learned editor apologises for it, and explains that the title means an exhibition of the known principles of the law and their consistency with each other. It consists of as many statements relating to the Common Law as can be thrust into 267 neat little pages. The author appears to have wished the work to be read by the public generally and not by lawyers in particular, but we should take it the present use of the book-which undoubtedly possesses much merit-will be found in constituting a useful resumé for a student to run through after the perusal of larger works on the subject.

Mr. Serjeant Stephen's New Commentaries on the Laws of England (partly founded on Blackstone). By JAMES STEPHEN, Esq., LL.D., Judge of County Courts. The 9th Edition, by HENRY ST. JAMES STEPHEN, of the Middle Temple, Barrister-at-Law. London: Butterworths. 1883. (4 vols., price £4. 4s. Od.)

IT would be rather late in the day to review fully this well-known work, and we will content ourselves with a very few remarks. The whole of the alterations in the law, down to the end of 1882, have been incorporated in the text, and as far as we have been able to check them, we consider they are well and accurately introduced. We think this edition is fully up to the previous ones. Intermediate students for next year must either have this edition, or read the 8th, and get up in addition, the Conveyancing Acts, 1881, and 1882, the Settled Land Act, 1882, and the Married Women's Property Act, 1882, and they will find it far easiest to have the 9th edition.

Essential.

Optional.

[blocks in formation]

4.

5.

The law and practice of bankruptcy.

law and

{Proceedings before Justices of the Peace.

The law and practice of the Probate, Divorce, and Admiralty Division of the High Court of Justice, and ecclesiastical law and practice.

Candidates are required to give notice in writing fortytwo days at least before the date of the examination to the secretary of the Incorporated Law Society, Chancery Lane, London.

Candidates are also required, at the same time, to leave with the secretary of the society their articles of clerkship and supplemental articles (if any), and certificate of having passed the Intermediate Examination, together with answers to the questions as to due service and conduct, to be answered by the candidate and, his principal and

agent (if any). Prints of these questions can be obtained on application at the office of the Incorporated Law Society.

Where articles of clerkship expire between— 10th January and 15th April, candidates may be examined in January, 1884, or at any subsequent examination. 14th April and 22nd May, candidates may be examined in April, 1884, or at any subsequent examination. 21st May and 2nd November, candidates may be examined in June, 1884, or at any subsequent examination. 1st November, 1884 and 11th January, 1885, candidates may be examined in November, 1884, or at any subsequent examination.

The examinations in 1884 will be held at the Hall of the Society, Chancery Lane, London.

Days of examinations—

Tuesday, 15th, & Wednesday, the 16th January, at 10. Tuesday, 22nd, & Wednesday, the 23rd April, at 10. Tuesday. 17th, & Wednesday, the 18th June, at 10. Tuesday, 4th, & Wednesday, the 5th November, at 10. Last day for giving Notice and depositing Articles, &c. Monday, 3rd December, 1883. Monday, 10th March, 1884. Monday, 5th May, 1884.

Monday, 22nd September, 1884.

Last day for giving RENEWED Notice, and re-depositing Articles, &c.-Monday, 31st December, 1883.

Monday, 7th April, 1884.

Tuesday, 3rd June, 1884.

Monday, 20th October, 1884.

Candidates who fail to pass, or attend at the examination for which they have given notice, may attend at any subsequent examination. A renewed notice must, in that case, be given fourteen days, at least, before the date of such subsequent examination.

The fee payable on giving notice of examination is £5, for a renewed notice, £2. 10s., and for the Honours Examination £1. Cheques or Post Office Orders should be crossed" Messrs. GOSLINGS & SHARPE."

E. W. WILLIAMSON, Secretary. INCORPORATED LAW SOCIETY'S HALL,

CHANCERY LANE, LONDON, W.C.
July, 1883.

RULES MADE BY THE INCORPORATED LAW SOCIETY FOR THE HONOURS EXAMINATION. Terms used in these rules have (unless inconsistent with the context) the same meanings as they have in the Regulations made by the society on the 27th November, 1877, as to the Preliminary, Intermediate, and Final examination of persons intending to become solicitors of the Supreme Court (hereinafter referred to as "the regulations').

1. No honorary distinction (except local prizes already instituted) will be awarded by the society to any candidate in respect only of the Final Examination. All honorary distinctions awarded by the society will-with the exception mentioned-be awarded to candidates who pass the Honours Examination as hereinafter mentioned.

2. There shall be held in the hall of the society, or in such other place as the council may from time to time appoint, four voluntary examinations for Honours in each year. The examinations shall take place on such days as the council may from time to time appoint.

3. The examination committee shall, with the assistance, (so far as they may think proper to resort to the same) of the examiner or examiners to be appointed for the purpose by the council, conduct the Honours Examinations.

4. The council may, from time to time. by resolution, appoint such competent person or competent persons as they may see fit to be an examiner or examiners to assist the committee in the Honours Examination, and the council may at pleasure remove any examiner so appointed.

5. There shall be paid to every examiner so appointed, not being a member of the committee or of the council,

such remuneration as the council may from time to time by resolution, prescribe.

6. The Honours Examinations shall be open to all candidates without reference to age, who shall, in the opinion of the examiners, have attained a certain standard of proficiency at the Final Examinations, and shall be upon the subjects specified for the final examinations in the regulations.

7. Every candidate who is eligible and desirous to compete for honours shall, at the time when he gives notice of his desire to be examined at any Final Examination, give notice in writing of his desire to be examined for honours. Forms of notice can be obtained at the office of the society.

8. At each Honours Examination the candidate who, in the opinion of the committee, are deserving of honorary distinction will be arranged in three classes; and, in awarding honorary distinction, the marks obtained in the Honours Examination will alone be considered.

9. The names of candidates placed in the first class will be arranged in order of merit, and every candidate placed in that class will, in addition to a class certificate, receive a prize.

The names of candidates placed in the second and third classes respectively, will be arranged alphabetically, and every candidate placed in those classes will receive a class certificate.

The certificate will be in the following or an equivalent form :Honours Examination.

held on the

By Authority of the Council of The Incorporated Law Society of the United Kingdom.

I do hereby certify

that

at the Honours Examination

day of

who served hi: Articles of Clerkship to

188.

was placed in the first [second or third] class, President. 10. The names of all candidates who attain honorary distinction will be printed in the society's calendar.

11. At each Honours Examination the following prizes will be awarded, unless in the opinion of the committee the standard attained should not justify the issue of any first-class list :-The Clement's Inn prize (value £10 10s.); The Clifford's Inn prize (value £5 5s.); and the New Inn prize (value £5 5s.); or an additional society's prize of like value; and the Daniel Reardon prize, being the onefourth part of the dividend on £3,333 6s. 8d. Consolidated Bank Annuities. In addition, the society will give as many prizes (value £5 5s. each) as are required. The value of each prize will be expended by the society in the purchase of legal, historical, or constitutional works, to be selected by the successful candidate, and such works will be bound at the expense of the society, and be stamped with the arms of the society.

12. In addition, the following prizes will be awarded according to the result of the Honours Examinations during the year, namely:

The Scott prize, being the dividend on £1,265 Preferential 4 per Cent. London, Brighton, and South Coast Railway Co.'s Stock (1863).

The Broderip Gold Medal, to be purchased with the dividend on £333 6s. 8d. Reduced Annuities.

FORM OF NOTICE. FINAL EXAMINATION.

To the secretary of the Incorporated Law Society. Notice is hereby given, that whose place

or places of residence and service for the last preceding 12 months have been and who is now [or was of

lately] under articles of clerkship to

[blocks in formation]

If the candidate is serving under supplemental articles, it should be so stated in the notice.

Candidates who fail to pass, or attend at the examination for which they have given notice, may attend at any subsequent examination. A renewed notice must, in this case, be given fourteen days, at least, before the date of such subsequent examination.

The fee payable on giving notice of examination is £5, for a renewed notice £2 10s., and for the Honours Examination £1. Cheques or post office orders should be crossed "Messrs. Goslings & Sharpe."

N.B.-On a renewed notice being given, candidates are requested to write the word "Renewed" at the head of this paper.

INTERMEDIATE EXAMINATION.

Under the Solicitors' Act, 1877.

The elementary works selected for the Intermediate Examination of persons under articles of clerkship for the year 1884 will be Stephen's Commentaries on the Laws of England, with the exception of Books IV. and VI., 9th edition, or the 8th edition, together with the following Acts of Parliament: The Conveyancing Acts 1881 and 1882, The Married Women's Property Act 1882, and the Settled Land Act 1882.

Candidates are required to be examined within the six months next succeeding the day on which they shall have completed half of the term of service.

Candidates are required to give to the secretary of the Incorporated Law Society at least thirty days' notice before the date of the examination at which they propose to be examined within the limit above mentioned, and at the same time to leave their articles of clerkship and supplemental articles (if any) duly stamped and registered, and answers to the questions as to due service and conduct up to that time. Prints of these questions can be obtained on application at the office of the Incorporated Law Society. Candidates who apply to be examined under the Fourth Section of the Solicitors' Act, 1860, may, on application, obtain copies of the further questions relating to the ten years' service antecedent to the articles of clerkship; and such questions, duly answered, must be left at the time of giving notice.

Candidates who fail to pass, or attend at the examination for which they have given notice, may attend at any subsequent examination. A renewed notice must, in that case, be given fourteen days at least before the date of such subsequent examination.

The examinations will be held at the hall of the society, Chancery Lane, London, on the following days in 1884, viz. :Days of Examination

Thursday, 17th of January, at 10.
Thursday, 24th of April, at 10.
Thursday, 19th of June, at 10.
Thursday, 6th of November, at 10.

Last day for giving Notice and depositing Articles, &c.—
Monday, 17th December, 1883.

Monday, 24th March, 1884.

Monday, 19th May,

Monday, 6th October

[ocr errors]
[ocr errors]

Last day for giving RENEWED Notice and depositing Articles, &c.

Wednesday, 2nd January, 1884.

Wednesday, 9th April,

Wednesday, 4th June,

Wednesday, 22nd October

[ocr errors]
[ocr errors]

The fee payable on giving notice of examination is £3, and for a renewed notice £1 10s. Cheques or post office orders should be crossed" Messrs. Goslings & Sharpe."

• Strike the words out if it is not the intention of the candidate to compete for Honours.

[blocks in formation]

day of

intends to apply for Intermediate next.

188.

Signature of candidate or his agent. Present address:

**If the candidate is serving under supplemental articles, it should be so stated in the notice.

Candidates who fail to pass, or attend at the examination for which they have given notice, may attend at any subsequent examination. A renewed notice must, in that case, be given fourteen days at least before the date of such subsequent examination.

The fee payable on giving notice of examination is £3, and for a renewed notice £1 10s.

Cheques or post office orders should be crossed "Messrs. Goslings & Sharpe."

N.B.-On a renewed notice being given, candidates are requested to write the word "Renewed" at the head of this paper.

N.B.-Candidates cannot present themselves for Intermediate Examination before the expiration of their halfterm of service.

The remaining Solicitors' Intermediate Examination this year is on the 8th November, and the Final on 6th and 7th November.

COUNCIL OF LEGAL EDUCATION. Michaelmas Examination, 1883. EXAMINATION OF CANDIDATES FOR PASS CERTIFICATES. The attention of students is requsted to the following rules:

No student admitted after the 31st December, 1872, shall receive from the council the certificate of fitness for call to the Bar required by the four Inns of Court, unless he shall have passed a satisfactory examination in the following subjects, viz.-(1) Roman Law; (2) The Law of Real and Personal Property; (3) Common Law; and (4) Equity.

No student admitted after the 31st December, 1872, shall be examined for call to the Bar until he shall have kept nine terms; except that students admitted after that day shall have the option of passing the examination in Roman. Law at any time after having kept four terms.

An examination will be held in October next, to which a student of any of the Inns of Court, who is desirous of becoming a candidate for a certificate of fitness for being called to the Bar, will be admissible.

Each student proposing to submit himself for examination will be required to enter his name, personally or by letter, at the treasurer's or steward's office of the Inn of Court to which he belongs, on or before Saturday, the 6th day of October next; and he will further be required to state in writing whether his object in offering himself for examination is to obtain a certificate preliminary to a call to the Bar; or whether he is merely desirous of passing the examination in Roman Law under the above-stated rule The examination will commence on Tuesday, the 16th. day of October next, and will be continued on the Wednesday, Thursday, and Friday following.

It will take place in the Hall of Lincoln's Inn: and the doors will be closed ten minutes after the time appointed for the commencement of the examination.

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

Tuesday Morning, 16th October, at Ten on the Law of Real and Personal Property.

Wednesday Morning, 17th October, at Ten, on Common Law.

Thursday Morning, 18th October, at Ten, on Equity. Friday Morning, 19th October, at Ten, on Roman Law.

The oral examination will be conducted in the same order, and on the same subjects, as above appointed for the examination by printed questions.

The Examiner in the Law of Real and Personal Property will examine in the following subjects:

The elementary principles of the Law of Real and Personal Property, with reference chiefly to the treatises of Mr. Joshua Williams on those subjects, and the Married Women's Property Act, 1882.

The Examiner in Common Law will examine in the following subjects :

1. The Law of Contracts.

2. The Law of Torts,

3. Criminal Law.

4. The Procedure in the Queen's Bench Division of the High Court of Justice.

Candidates will be expected to know General and Elementary Principles of Law.

The Examiner in Equity will examine in the following subjects:

1. Trusts.

2. Mortgages.

Candidates will be examined in the above-mentioned subjects.

The Examiners in Roman Law will examine in the Institutes of Justinian, Books I. and II.; Book III., Title 13, to the end of the Book; Book IV., Titles 1 to 5 inclusive.

Hilary Examination, 1884.

The attention of students is requested to the following rules:

As an encouragement to students to study Jurisprudence and Roman Law, twelve studentships of One hundred guineas each shall be established, and divided equally into two classes; the first class of studentships to continue for two years, and to be open for competition to any student as to whom not more than four Terms shall have elapsed since he kept his first Term; and the second class to continue for one year only, and to be open for competition to any student not then already entitled to a studentship, as to whom not less than four and not more than eight Terms shall have elapsed since he kept his first Term ; two of each class of such studentships to be awarded by the Council, on the recommendation of the Committee, after every examination before Hilary and Trinity Terms respectively, to the two students of each set of competitors who shall have passed the best examination in both Jurisprudence and Roman Law. But the Committee shall not be obliged to recommend any studentship to be awarded if the result of the examination be such as in their opinion not to justify such recommendation.

An examination will be held in December next, to which a student of any of the Inns of Court, who is desirous of becoming a candidate for a studentship, or Honours, or of obtaining a certificate of fitness for being called to the Bar, or of passing the examination in Roman Law only, will be admissible.

Each student proposing to submit himself for examination will be required to enter his name, personally or by letter, at the treasurer or steward's office of the Inn of Court to which he belongs, on or before Monday, the 10th day of December next; and he will further be required to state in writing whether his object in offering himself for examination is to compete for a studentship, or Honours, or of obtaining a certificate preliminary to a call to the Bar, or whether he is merely desirous of passing the examination in Roman Law under the above-stated rule.

The examination will take place in the Hall of Lincoln's Inn; and the doors will be closed ten minutes after the time appointed for the commencement of the examination. The examination by printed questions will be conducted

in the following order :-Thursday and Friday, 20th and 21st December, 1883, at Ten until One, and from Two until Five on each day, the examination of candidates for studentships in Jurisprudence and Roman Law.

The examination of candidates for Honours and Pass Certificates, and for Pass in Roman Law only, will take place as follows:-

Thursday morning, 27th December, at Ten, on Real and Personal Property Law.

Friday morning, 28th December, at Ten, on Common Law. Saturday morning, 29th of December, at Ten, on Equity. Monday morning, 31st December, at Ten, on Jurisprudence and Roman Law.

Monday afternoon, 31st December, at Two, on Constitutional Law and Legal History.

The oral examination will be conducted in the order, on the day, and on the same subjects as above appointed for the examination by printed questions.

Jurisprudence, International Law, and Roman Law. Candidates for the studentships will be examined in all the following subjects:

1. Institutes of Gaius and Institutes of Justinian.

2. Digest, Book II., Title 14, "De Pactis;" Book XLIV., Title 7, "De Obligationibus et Actionibus."

3. History of Roman Law.

4. Principles of Jurisprudence, with special reference to the writings of Bentham, Austin, and Maine.

5. Elements of International Law.

6. Principles of Private International Law. Candidates for Honours will be examined in subjects numbered 1, 3, 4, 5, and 6.

Candidates for a Pass Certificate will be examined in the Institutes of Justinian, Books I. and II.; Book III., Title 13, to the end of the book; Book IV., Titles 1 to 5 inclusive.

The Examiner in the Law of Real and Personal Property will examine in the following subjects:

The elementary principles of the Law of Real and Personal Property, with reference chiefly to the Treatises of Mr. Joshua Williams on those subjects and the Married Women's Property Act, 1882. Candidates for a Pass Certificate will be examined in the elements of the foregoing subjects; candidates for Honours will have a higher examination.

The Examiner in Common Law will examine in the following subjects :

1. The Law of Contracts. 2. The Law of Torts. 3. Criminal Law.

[blocks in formation]

Candidates for Honours will be examined in all the above-mentioned subjects. Candidates for a Pass Certificate in those numbered 1 and 2 only.

The Examiners in Constitutional Law and Legal History will examine in the following books and subjects:1. Stubbs' Constitutional History of England,

2. Hallam's Constitutional History.

3. Broom's Constitutional Law.

4. The Principal State Trials of the Stuart Period.

5. The concluding chapter of Blackstone's Commentaries, being that "On the Progress of the Laws of England." Candidates for Honours will be examined in all the above-mentioned books and subjects.

[merged small][merged small][ocr errors][merged small][ocr errors][merged small][ocr errors][merged small][ocr errors][ocr errors][ocr errors][merged small][ocr errors][merged small][ocr errors][merged small][ocr errors][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

NOTES OF THE MONTH.

In this number we present our readers with Epitome of last Session's Statutes. There is a good deal for the student to get up. It appeared useless to epitomize the new Bankruptcy Act, as the whole of it requires attention, and there will be several works on it shortly. We have preferred to give our readers an Essay on the alteration effected by it.

THIS has been no idle Vacation to us, nor should it have been with any, for what with the new Rules, a new Bankruptcy Act, to say nothing of the Patent Act and other statutes, there has been plenty of material for industry. The Vacation in its way is, no doubt, a boon.

YET how absurd this Long Vacation is.-Of one thing we are convinced, and that is, that it cannot continue much longer in its present state. It is especially scandalous in the present legal block.

As an illustration of this block that exists, let us quote one fact, which speaks volumes in itself. In our issue of June last, we mentioned a simple case in Chancery which, in hearing, would take about halfan-hour, and which had been set down for hearing on 30th October, 1882, and the prospect of its coming on

was very indefinite. That case was then 17 out of the paper, and it is hard to believe, as the fact is, that it actually still stands 13 out of the paper. At this rate it may be expected to be reached about April next.

As to writs of execution let all students note up secs, 145 & 146 of the new Bankruptcy Act. After 31st December, all sales under any Fi. fa. for a sum exceeding £20 must be by public auction, and a writ of elegit in its application to goods is abolished.

WE hope to give in next month's number a set of Test Questions on the new Bankruptcy Act.

As to the course that will be adopted at the November Solicitors' Final, with regard to the new Bank. ruptcy Act and the new Rules, we would refer our readers to the letter of the Secretary of the Incor. porated Law Society published in our last month's

[merged small][merged small][ocr errors][merged small][merged small][merged small]

We are

THIS index is a very full and complete one. inclined to think that it is too large, and that the author's object could have been better obtained by a smaller and more general index. It is so large that it amounts to almost an analysis of the Act, and does not confine itself to what we consider an index should be, a ready and easy method of finding what you want in the principal work. The Index note-under the heading of copyhold property -to sec. 50, sub-sec. 4, is obviously inaccurate, but with this exception we have found the Index very free from inaccuracies. The memorandum of the changes effected by the Act is too slight a sketch to be of much use. We have also received for review :Gibson's Guide to the 9th Edition of Stephen's Commentaries. By ALBERT GIBSON, Solicitor. Reeves & Turner. Hints on Practice with Supreme Court Rules, 2nd Edition. By A. R. WHITENAY, Barrister. Stevens & Sons. The Honours Examination Digest. By JOHN F. HAYNES, Barrister, and THOMAS A, NELHAM, Solicitor. Stevens & Sons.

« ZurückWeiter »