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is somewhat to be wondered at, that it being a fair Pass examination P We answer, with regard to paper, only 23 out of 88 succeeded in passing.
Bankruptcy, we believe it is taken into account in
the Common Law paper; but, with regard to the The secret, however, of this last-mentioned incident, other subjects, we see no good in it generally. There is no doubt to be found in the fact, that so many men is one case, however, in which it is well for the will go in for the Honours' Examination, without any student to take up a non-essential subject, even for a reasonable prospect of Honours. They can do no Pass, and it is where he has specially devoted himgood, and only trouble the Examiners, and it is the self to a study of that subject. Our readers will circumstance of so many going in, that has led to the remember that in the preliminary questions, the alteration in the Honours' Examination of not count- student is asked what branch of the law he has the marks obtained by the student at the Pass Ex- particularly applied himself to. Now, suppose he amination.
has been in a criminal office, and specially applied
himself to Criminal Law, and he makes answer to This, however, clearly cannot accomplish the full that effect, and does a good Criminal paper. Say he object of not casting unnecessary labour upon the fails in one of the essential subjects by only a few shoulders of examiners, and, in our opinion, the most marks, then do not the examiners take into account satisfactory course would be to require a small further the fact of his answer to the preliminary question, fee to be paid, by those giving notice of intention to and that he has done such a good paper in the parcompete for Honours. This further fee should be ticular subject ? We are of opinion that they do, for applied in making the prizes more substantial. We otherwise, what is the good of the question being make this suggestion in all earnestness, and as asked him, and what is the good of the non-essential several of our suggestions have before now been subjects ? We have no direct authority for this adopted by the authorities at the Law Institution, we opinion, but cannot believe that the Council of the would commend this one to their attention.
Incorporated Law Society would permit questions to
stand for no earthly object. LET no student imagine that in making these remarks, we are endeavouring to dissuade him from One thing that is taught by the result of the last going in for Honours. On the contrary, we always Honours Examinations, is the value of the assistance say to every man, that he should, if possible, go in for of a law tutor. Twenty-three candidates obtained them, but then he must begin early and work hard, Honours. Of these, to our knowledge, 13 came from and we are only protesting against men going in for two “coaches," and, out of the remainder, it is only them without any prospect of success.
fair to presume that at least seven were prepared by
some of the large number of other gentlemen who STUDENTS going in for Honours often ask us if prepare students for their examinations. We, therethey cannot leave out some of the subjects, and we fore, estimate that out of the 23, 20 were “coached.” would, therefore, here give our opinion on the matter. Those striving for the highest Honours should, no Just one word here as to “coaching.” We think a doubt, leave no stone unturned, and should take up system of simple “cramming” is bad, but no one everything, but with regard to others who do not hope can object to “coaching" in its proper sense, for it for the 1st class, but yet wish to obtain some honorary means simply a guiding, assisting, examining, and distinction, we think they may often, with advantage, testing, and not in the slightest degree the forcing omit Probate, Divorce, Admiralty, and Ecclesiastical, into a candidate a little “parrot” knowledge. and apply the time thus saved to a more complete study of the other subjects. Let them remember that CANDIDATES at the Pass Examination, no matter practically for the Pass examination, these subjects how well up they may be, are always most anxious to are useless to them, and that at the Honours exami- learn the announcement of their fate. Many are in nation they usually get, only about one question the country when the results are published. By on each subject, and the candidate often finds reference to our advertisement columns our readers though he has read the ordinary students' small will see we have made arrangements for telegraphing books on these subjects, that he has not got from results, so that a student in the country can learn the them the material to answer. The marks he loses result almost as soon as one in town. are often more than made up for in those that he gains from the additional study of the other subjects. With regard to the Intermediate Examination, we
would repeat what we stated last month, that the ANOTHER question often asked us is—What is the following appears to be now the arrangement of good of taking up the non-essential subjects at the Stephen's Commentaries at that examination, viz.:enthusiastic in the extreme. The ceremony will long be remembered.
Head I. The subject of real property and conveyancy generally as embraced in Book II. (Part 1). Head II. The subject of things personal, and personal and private rights as embraced in Books I., II. (Part 2) and III. Head III. Matters of a public and historical nature, and the subject of civil injuiries and modes of redress, as embraced in the Introduction, Book V., and the Conclusion.
It is pleasing to see that the Incorporated Law Society took its proper part in the ceremony, and that the President received the honor of knighthood. The Incorporated Law Society has done a very great deal for the solicitors' branch of the profession, and although it is the fashion to somewhat abuse the Council now and then, we think, upon the whole, they deserve very great thanks.
THE statutes of last Session should now be carefully got up According to promise, we publish in this number a set of test questions on such statutes which we think will materially guide the student in his reading of them.
BUSINESS is to be commenced in the new courts on the first day of Hilary sittings, viz., the 11th inst.
We have not yet heard of any applications under sec.
Those of our readers who are in London, and who 6 of that most clumsy of Acts, the Bills of Sale Act, have not been over the courts yet, should take an 1882 -we mean, applications within the period of five early opportunity of doing so, as irrespective of the days from seizure, to restrain the grantee from re- interest attaching to their inspection, they will find a moving and selling. Several points occur on the knowledge of their situation and design useful in section, and one we are anxious to see decided, is practice. whether it applies to seizures made under bills of sale executed before the Act came into operation. We think it does.
ANOTHER point, which is a very interesting one, is
Neilson v. James, 9 Q. B.D., 546 (C. A.) this: A bill of sale is given by a trader, and default The Plaintiff employed the defendant, a stockbroker, being made, grantee enters and seizes, and by putting to sell shares of a joint stock bank for him. The up posters, satisfactorily takes the goods out of the
stockbroker duly sold the shares, but according to
the custom of the Stock Exchange, the bought and grantor's order and disposition. Within the five
sold rules made out by the defendant did not state days an application is made under sec. 6, and the the name of the registered proprietors of the shares, grantee is ordered to refrain from moving or selling,
as required by 30 Vict., c. 29, and the contract for and to withdraw from possession. He does so.
sale was consequently void. The bank stopped pay
ment, and the purchaser refused to complete. The Then the grantor becomes a bankrupt. Are the
plaintiff brought this action against the stockbroker, goods in his order and disposition ? Primarily, it alleging that he had committed a breach of duty in would appear they are, but then it must be borne in not making a valid contract by complying with the mind, that the essence of the order and disposition provisions of the 30 Vict., c. 29. The defendant set clause is, that the goods are in the party's possession
up, by way of defence, the custom of the Stock
Exchange. with the consent of the true owner. Now, supposing DECIDED that the custom was both unreasonable the grantee puts in an affidavit on the application and illegal, and that the defendant had committed a under sec. 6, that he does not consent to withdraw, but
breach of duty for which the plaintiff was entitled to protests against being ordered to do so, and that any such order will be against his consent. Can the
NOTES.—Sec. 1 of the 30 Vict., c. 29, requires all con
tracts for the sale of any shares of a joint stock banking goods then be said to be in the grantor's order and company, to state the numbers by which the shares are disposition ?
distinguished in the company's books, and if there be no
distinguishing number, then the name of the registered We look on the above as an interesting point, but
proprietor of such stock, and if this is not done, that the
contract shall be void. (Note in Eustace Smith's Summary think that it would be decided against the bill of sale of Companies, 2nd edition, p. 45.) holder, but it is very arguable.
Suffell v. The Bank of England, 9 Q. B. D. 555 (0.A.) It appears rather late in the day now to refer to
Notes of the Bank of England had been fraudulently
altered by erasing the numbers from them and subthe opening of the Royal Courts of Justice ; we
stituting others. In an action brought by a bonâ fide therefore refrain from giving any report of it, as holder of the notes against the bank claiming payour readers must have had ample reports in all
ment for them. the daily papers.
DECIDED that the alteration of the number was a Everything appears to have gone
material alteration which vitiated the notes, and that off very well, and we can certainly, from our own the plaintiff could not recover the amount due upon observations, say that Her Majesty's reception was them.
NotE in Smith's Leading Cases under the case of Master v. Miller ; Indermaur's Notes to the Leading Common Law Cases under the same case ; Indermaur's Principles of Common Law, 2nd edition, p.
138. Walsh v. Lonsdale, 21 Ch. D. 9 (0.A.) This case arose out of an agreement for a lease. By the terms of the agreement a minimum rent was to be payable in advance on demand, in addition to the proportion (if any) of the yearly rent due and unpaid for the period previous to such demand. The defendant distrained for such minimum rent in advance and the proportion of the rent then due. The plaintiff brought an action for illegal distress, for specific performance of the agreement, and an injunction. On motion for an injunction to prevent the defendant proceeding with the distress, the Court of Appeal decided (1) That, since the Judicature Act, a person holding under an agreement for a lease is to be treated as holding upon the same terms as if a lease had been granted. (2) That the landlord has exactly the same right of distress as if the lease had been granted.
NOTE.-In Smith's Manual of Equity, chapter on specific performance ; Prideaux's Conveyancing Precedents, vol. II. in the dissertations on leases ; Indermaur's Principles of Common Law, 2nd edition, 61.
In re Hall, Dave's Contract, 21 Ch. D., 41 (C.A.)
In an order for sale made under the Settled Estates Act, 1877, a direction was given, dispensing with the concurrence or consent of the persons entitled to any estate or interest after an estate tail. The persons entitled to such interest were not named. The order was objected to by the purchaser, on the ground that it was irregular.
DECIDED by the Court of Appeal, that under the 70th section of the Conveyancing Act, 1881, the purchaser would have a good title.
NOTES.—The 70th section of the Conveyancing Act, 1881, is as follows : “An order of the Court under any statutory or other jurisdiction, shall not, as against a purchaser, be invalidated, on the ground of want of jurisdiction, or of want of any concurrence, consent, notice or service, whether the purchaser has notice of any such want or not. (2) This section shall have effect with respect to any lease, sale, or other act under the authority of the court, and purporting to be in pursuance of the Settled Estates Act, 1877, notwithstanding the exception in section 40 of that Act, or to be in pursuance of any former Act repealed by that Act, notwithstanding any exception in such former Act.
The ground taken by the purchaser in this case was that the section of the Act did not apply, as it appeared on the face of the order that the provisions of the Settled Estates Act had not been complied with, and that the 70th section of the Conveyancing Act did not apply to cases when the defect was apparent on the face of the order. The section seems from this decision to have a very wide effect; in the words of the Master of the Rolls, p. 46, “ The purchaser sees an order for sale made by the court which has jurisdiction in the matter, and he is not to trouble himself any further. If any mistake has been made still he is to get a good title, all claims of the persons interested in the estate being transferred to the purchase-money. In re J. B. Palmer's Application, 21 Ch. D., 47 (0. A.)
In this case it was decided that a mark which should not be the subject of a trade mark does not acquire that character by being registered as a trade mark five years, and that any person affected by it may apply to have it removed from the registry after the termination of such period of five years.
NOTES.—The 3rd section of the Trade Marks Registration Act, 1875, enacts that “the registration of a person as the first proprietor of a trade mark shall be primâ facie evidence of his right to the exclusive use of such trade mark, and shall after the expiration of five years from the date of such registration be conclusive evidence of his right to the exclusive use of such trade mark."
The question in this case, was whether a person by registering a term in general use in the trade (“ fixed stars," as a name for matches), could make it his own trade mark if it remained on the register unobjected to for five years. The Court of Appeal decided that he could not. Note in Indermaur's Principles of Common Law, 2nd edition, p. 160. Ex parte Popplewell, In re Storey, 21 Ch. D., 73 (C. A.)
On a bill of sale being made, the grantee verbally agreed with the grantors, that he would not register the bill of sale and charged a higher bonus on this account.
Decided that the agreement not to register was a mere collateral agreement, and not part of the consideration for the bill of sale, and that it was necessary to state it in the deed. Note under Bills of Sale Act, 1878, secs. 8 & 10. In re Braithwaite, Braithwaite v. Wallis, 21 Oh. D.
(121 V. C. Hall). When personal property is limited in trust for one for life, with remainder to another, it will only be ordered to be brought into court on proving that there are reasonable grounds to apprehend danger to the fund. Note in Smith's Manual of Equity, chapter on protection of property. In re Harvey's Settled Estate, 21 Ch. D., 123 (V. C.
Hall.) There is no jurisdiction to order a sale under the Settled Estates Act, 1877, to be made out of court.
NOTES.–Vice-Chancellor Hall, in this case refused to follow the earlier cases of In re Andrews' Settled Estates 26 W. R., 811, and In re Adams' Settled Estates, 9 Ch. D., 116, where orders for sale out of court were made under this Act. (Note under the Settled Estates Act, 1877, 40 & 41 Vict. c. 18., sec. 16.)
Clarke v. Palmer, 21 Ch. D. 124 (V. C. Hall.) A mortgagor was allowed to retain possession of the title deeds of the mortgagee. He made a second and third mortgage of the same property, neither the second or third mortgagees having notice of the first mortgage.
DECIDED that the first mortgagee was postponed to both the second and third mortgages.
Note in Williams on Real Property, chapter on a mort
A SET OF TEST QUESTIONS ON THE STATUTES OF 45 & 46 VICT. (1882).*
By the EDITOR.
45 VICT., C. 9. 1. Is it any, and what, offence, and how punishable, to print an Act of Parliament, Royal Warrant, Gazette, or other document, falsely professing the
* For epitomes of these Acts see numbers of this Journal for September and October last. I have added a few questions on the General Order of 1882 as to Solicitors' Remuneration, which comes into force this day.-ED, L. S.J. same to be issued under the authority of Her Majesty's stationary office ?
45 VICT., C. 15 2. Money is paid by a railway company, under the Lands Clauses Consolidation Act, by way of compensation for commonable rights, to a committee of commoners. In what different ways may such money be dealt with and applied ?
3. If such money is invested in common land or recreation ground, in whom would such land or recreation ground, respectively, be vested ?
45 & 46 VICT., C. 38. 4. When did this Act come into operation, and is it in any way retrospective ?
5. Give a short sketch of the general scope and idea of this Act.
6. What power of sale and exchange has a tenant for life under this Act ? Does it apply to every part of the settled lands and premises ?
7. The like question as to leasing,
8. Compare this latter power with that conferred by 40 & 41 Vict. c. 18.
9. On a sale or lease of part of the settled land for building purposes, would it be within the tenant for life's power, to appropriate part of the settled land for squares, gardens, or the like? If yes, in whom would the land so appropriated be vested?
10. Would a tenant for life be justified in selling the settled lands, reserving the minerals ? Distinguish the provision in this Act (Sec. 17) from that in 25 & 26 Vict., c. 108 on this point.
11. On any sale, or on any event on which capital money arises under this Act to whom is it to be paid or how dealt with before investment !
12. Enumerate some of the chief investments prescribed for capital money arising under this Act.
13. Is it allowable, under this Act, to exchange English lands for Scotch or Irish lands, or to invest capital money arising from sale of an English estate in Scotch or Irish property ?
14. Capital money may, amongst other things, be applied in improvements. State of what general description these improvements must be, and particularise a few of them.
15. A tenant for life desires that capital moneys shall be applied in improvements. State shortly the course to be observed to accomplish this purpose, whether the money is in the hands of trustees or in Court respectively.
16. In making improvements under this Act it is necessary to cut down trees, and to use gravel, clay, and stone. Will a tenant for life be justified in cutting down trees and in digging for gravel, &c. P
17. Does this Act only authorize actual sale, and leases by tenants for life, or would contracts for the same be good ?
18. In what way does this Act extend the investment powers contained in the Lands Clauses Consolidation Acts ?
19. What extended power of investment does this Act give in sec. 33 to trustees of any settlement ?
20. What power of cutting timber is given to tenants for life?
21. What power of appointment of trustees by the court is conferred by this Act? What is the least number of trustees capable of acting ?
22. What notices have to be given by a tenant for
life when he proposes to exercise any of the powers conferred on him by this Act ?
23. Enumerate some of the rules as to payment into court, applications to the court, and other points of procedure under this Act. Have the County Courts any and what jurisdiction ?
24. Who are the “ Land Commissioners p"
25. Is a contract by a tenant for life not to exercise the powers of this Act valid, or is a condition in the settlement against him doing so, valid ?
26. Explain the effect of this Act as regards like or similar powers conferred by the settlement, or by any other statute, especially in case of conflict between the powers. How may doubtful points of this nature be determined ?
27. Enumerate the chief persons mentioned in sec. 58, who are to have the same powers as tenants for life.
28. What powers are conferred on an infant tenant in fee simple, to be exercised in his behalf, and by whom are they to be so exercised ?
29. A married woman is tenant for life. How can she exercise the powers conferred by this Act ? Would the fact of the settlement containing a clause restraining anticipation at all affect the matter ?
30. If a tenant for life is a lunatic, who would then exercise the power of this Act ?
45 & 46 VICT., C. 39. 31. What provisions does this Act contain for the purpose of facilitating searches for incumbrances ?
32. State accurately the provisions of sec. 3, with regard “notice” to a purchaser.
33. Can a power, whether coupled with an interest or not, be disclaimed?
34. What alteration is made by this Act in the acknowledgment of deeds by married women ?
35. In what way are the nature and effect of powers of attorney altered by this Act? Show specially the practical advantage of sec. 9.
36. Limitation to A and his heirs, but if he shall die without children, then to B and his heirs. When is A's estate rendered absolute, and B shut out altogether? Is the provision of sec. 10 retrospective?
37. What rights are given with regard to the assignment of a mortgage, by sec. 15 of the Convey. ancing Act, 1881, and sec. 12 of this Act ?
C 45 & 46 VICT., C. 40. 38. What under this Act, should be done by the owner of a new musical composition to secure to himself the exclusive right of public performance of it ?
45 & 46 VICT., C. 43. 39. What are the provisions of this Act with regard to (a) execution of a bill of sale, (b) schedule to a bill of sale, (c) the bill of sale passing future acquired property ?
40. Enumerate the different events on which seizure under a bill of sale is now justifiable ?
41. A bill of sale holder seizes under a bill of sale, how soon may he remove the goods, and what course may the grantee take during this period to prevent the removal?
42. Within what time must a bill of sale executed abroad, but passing goods here, be registered ?
43. What amendment of the system of registration of bills of sale is introduced by this Act ?
44. What is the smallest amount for which a bill of sale may be given ?
45. A takes an unregistered bill of sale. Is he justified in seizing under it? What is the alteration on this point effected by this Act ?
46. What bills of sale does this Act not apply to ?
47. A, a trader, gives a registered bill of sale to B. A then becomes bankrupt, whilst the goods are still in his possession. Has B a good claim against A's trustee ? Give reasons.
48. Write out a form of bill of sale allowable under this Act, and which would be sufficient in all ordinary cases.
45 & 46 VICT., C. 61. 49. Define a bill of exchange, a promissory note, and a cheque respectively. 50. Distinguish between an inland and a foreign 51 When is a bill or note not negotiable ?
52. The body of a bill expresses its amount as fiftytwo pounds, but in figures it is also expressed as £62. For what amount is the bill to be deemed to have been given P
53. When is a bill said to be payable on demand ?
54. A bill falls due on a Sunday, a Christmas Day, and a bank holiday respectively. In each case, when is it payable ?
55. What do you understand by a referee in case of need?"
56. Define acceptance," and state what is a sufficient acceptance.
57. What is a “qualified acceptance," and what different kinds of qualification may there be ?
58. What is the effect of indorsing a bill “per pro A BP"
59. How is " valuable consideration” for a bill defined by this Act ?
60. A, the holder of a bill payable to his order, transfers it to B (1) by indorsement, (2) by delivery only. What difference is there in these cases ?
61. Distinguish between an “indorsement in blank" and a “special indorsement.”
62. What is meant by a restrictive indorsement ?
63. What difference in effect may there be in negotiating a bill after and before it becomes due respectively? When is a bill, payable on demand, deemed “ overdue !"
65. When is it necessary to present a bill for payment?
65. When such presentment is necessary as mentioned in the last question, within what time must notice of dishonour be given? Will notice of dishonour sent by post be deemed sufficient if it cannot be proved that the party to whom sent received it?
66. Is noting and protesting, or either of them, ever, and if ever, when, necessary to give the holder of a bill or note a right to sue on it ?
67. What engagements does the acceptor of a bill impliedly enter into by accepting it ?
68. The like as to a drawer of a bill by drawing it.
69. The like as to an indorser of a bill or note by indorsing it.
70. Who is a “transferor by delivery p". Does a person incur any, and what liability by making such a transfer P
71. What is the position of a banker who pays a bill of exchange or a cheque bearing a forged indorsement.
72. The holder of a bill, at its maturity, desires to
absolve the acceptor from further liability thereon. How can he do this? What is the effect of his doing so as regards the drawer and other parties against whom he has a claim ?
73. Where a bill or note is lost, what are the holder's rights, under this Act, with regard to requiring a new bill to be given ?
74. The like question with regard to suing on the instrument.
75. Explain the rights of the holder of a bill sued on here, but drawn, accepted, or payable abroad.
76. What is the duty of the holder of a cheque, with regard to presentment thereof for payment ?
77. In what different ways may the duty and authority of a banker, to pay a cheque, be determined ?
78. In what different ways may a cheque be crossed? Explain the effect of each.
79. A having an account at the Union Bank, fraudulently obtains a cheque crossed specially on that bank and pays it into his account there, and obtains the amount thereof and absconds. Is the bank under any liability to the true owner ? 80. When is presentment
of a promissory note necessary even to charge the maker :
81. What is a sufficient making of a promissory note by a corporation ?
45 & 46 VICT., C. 75. 82. In what way does this Act deal with the Married Women's Property Acts of 1870 and 1874 ?
83. Describe, in general terms, the design and scope of this Act.
84. What is the effect of this Act as regards the property of women married before 1st January, 1883 ?
85. The like question with regard to women married since that date.
86. With regard to the property of women coming to them during marriage, compare the provisions of this Act with those of the Married Women's Property Act, 1870.
87. What is the position of a woman who lends money to her husband, in the event of his bankruptcy?
88. A man is desirous of effecting a policy of insurance for the benefit of his wife and children. What is the simplest method of accomplishing this object ? and on the death of the insured, who would receive the insurance money ?
89. Can a woman sue her husband in respect of torts committed by him with reference to her separate property or otherwise ?
90. To what extent has this Act altered the rule that, in criminal matters, a husband or wife cannot give evidence for or against each other?
91. What is the position of a husband and wife respectively, with regard to the wife's ante-nuptial debts ?
92. How may questions of ownership arising between husband and wife be decided under this Act?
93. What alteration does this Act make with respect to a married woman acting as an executrix or administratrix ?
94. Does this Act at all alter the effect of the clause against anticipation as regards married women?
95. What bearing do you consider that this Act has on the doctrine of “Equity to a Settlement p”