applicable to purposes not within the objects of the company, as defined by the memorandum of association.

NOTE in Eustace Smith's Summary of Companies, 2nd edition, p. 17.

McHenry v. Lewis, 22 Ch. D., 397, (C. A.) Where a plaintiff sues a defendant for the same subject matter in two courts, whether such two courts are in this country, or one in this country and one in a foreign country, the court has jurisdiction to stay both actions when both are brought in this country, or the action here where one action is in a foreign country, or it can put the plaintiff to his election as to which action he will proceed with.

If, however, the actions are not for the same subject matter, or where one of the actions is in a foreign country where there are different remedies, there is no presumption that the second action is vexatious, and a special case must be shown to induce the court to interfere.

NOTE in Indermaur's Manual of Practice, 2nd edition, p. 42.

Ex parte Grisel in re Stanger, 22 Ch. D, 436, C.A.

The court has power to annul an adjudication in bankruptcy where a proper case is shown, even although the time limited for appealing has expired. In this case Stanger was adjudicated a bankrupt in his absence, the alleged act of bankruptcy being that he had departed from his dwelling-house with intent to defeat and delay his creditors.

The bankruptcy was annulled by the Court of Appeal, after the time for appealing from the adjudication had expired, on the ground that the court could infer from proofs laid before it that Stanger was dead at the time the adjudication was made.

Note under section 10 of the Bankruptcy Act, 1869, and in Baldwin, 2nd edition, p. 64; Ringwood, 2nd edition, p. 95.

Harris v. Jenkins, 22 Ch. D., 481.

The statement of claim in an action to restrain the obstruction of an alleged private right of way should show (1) whether the claim is by grant or prescription; (2) the course and termini of the right of way.

Unless this is done the statement of claim is embarrassing, and the court will order it to be amended. NOTE in Williams' Real Property, in chapter on Hereditaments purely incorporal, under "Prescription."

JURISDICTION OF, AND PROCEDURE IN COUNTY COURTS.

(By CHARLES THWAITES, Solicitor, First in First Class Honours, Clement's Inn Prizeman, Sheffield District Prizeman, Conveyancing Gold Medallist, Scott Scholar, and Reardon Prizeman.)

The County Court is a very ancient institution, dating back to Anglo-Saxon times, and at common law had a jurisdiction which was both judicial, and also for "the ordering of the county for the safety and peace thereof." Whether it had criminal jurisdiction is open to doubt, but the shyremote was the great constitutional judicature, in all questions of civil right. Under the Normans, however, it lost much of its power, until its judicial functions were first dwarfed down to those of a court for the recovery of small debts, and then became practically obsolete."

In this state of things was passed the statute of 9 & 10 Vict, c. 95, which re-established the judicial functions of the county court, on a small scale, and severed them from the ministerial functions. The ancient common law county court of the sheriff still is held for the election of county coroners, and so on(sec. 2.)

The modern county courts (which exceed 500), were established to facilitate the recovery of small debts by cheap expeditions and uniform procedure throughout England and Wales-(sec. 1)-and are courts of record, although inferior courts-(sec. 3.) They do not correspond with the old county courts, which still exist, shorn of judicial functions altogether, for such purposes as the election of county coroners, &c. -(sec. 2.) The modern county court is therefore entirely the creation of recent statutes, it has a personnel and practice of its own, and is founded on the grand principle of adjusting small civil wrongs and disputes close to the homes of the suitors, with small expense and great expedition.

The jurisdiction of the county courts, originally confined to personal actions for debt or damage to £20, has been largely extended, and is now divisible into (1) ordinary, and (2) special.

(1.) The ordinary jurisdiction comprises what prior to the Judicature Acts were the two separate systems of common law and equity, and the anomaly of a judge being compelled to dismiss a case because the plaintiff had used a wrong set of forms was by no means infrequent. But by 36 & 37 Vict., c. 66, secs. 24, 25, 89, 90, and 91, the two systems were to a large extent fused, although it is still convenient to discuss the ordinary jurisdiction under its old divisions. This branch of jurisdiction is then divisible as follows:

(a.) Common Law

(1.) Disputes where the subject matter is of a strictly personal character and is limited in amount, i.e., actions of contract and tort where the claim (when reduced by abandonment or admitted set-off, but not by splitting demands) does not exceed £50, with certain exceptions. (9 & 10 Vict., c. 98, secs. 58 & 63; 13 & 14 Vict., c. 61, sec. 1; 19 & 20 Vict., c. 108, sec. 24; 30 & 31 Vict., c. 142, sec. 4.)

(2.) Consents actions of every description. (19 & 20 Vict., c. 108, sec. 23)

(3.) Ejectment and easements where neither the value nor the rent of the property in dispute exceeds £20 (30 & 31 Vict, c. 142, secs. 11 & 12.) (4.) Recovery of small tenements. (19 & 20 Vict., c. 108, secs. 50-52.)

(5.) Actions of contract where the claim does not exceed £50 transferred by order of a superior

(2.) Agreements for sale or lease. (30 & 31 Vict., c. 142, sec 9.)

(3.) Partition. (31 & 32 Vict., c. 40, sec, 12.) 2. Special, e.g.

(a.) Probate and administration. (21 & 22 Vict., c. 95.)

(b.) Admiralty. (31 & 32 Vict., c. 71; 32 & 33 Vict., c. 51.)

(c.) Bankruptcy. (32 & 33 Vict. c. 71.) The practice in county courts is regulated by the statutes and the rules of court, made under 19 & 20 Vict.,c. 108, sec. 32. The object of the present paper is to give the reader a condensed sketch of proceedings under the ordinary jurisdiction; and, any references to orders and rules in the course of this paper, is to the county court rules of 1875, unless otherwise stated.

Proceedings in the county court are generally speaking called actions, and are commenced by the aggrieved party entering his complaint at the court, upon which a summons is issued (9 & 10 Vict., c. 95, sec. 59; 30 & 31 Vict., c. 142, sec. 27; Order IV., rule 1); and the first thing for the practitioner to consider, after ascertaining that the county court has jurisdiction, is who are the proper persons to be made parties to the proceedings. All persons may be joined as plaintiffs in whom, and all persons may be joined as defendants against whom, the right to any relief claimed is alleged to exist jointly, severally, or in the alternative. (Örder V.) The nonjoinder or misjoinder of parties is not allowed to defeat the proceedings, full powers of amendment being given to the court. (Orders XVI., rule 12; and XVII.) Where the parties interested are numerous, provision is made for one or more suing or being sued on behalf of all. (Order V., rule 8.)

Having decided who should be made plaintiffs and defendants in the action, the necessity or desirability of taking any preliminary steps before entering the plaint must be thought over. It is generally desirable to send the usual "letter before action," in order to give defendant the opportunity of settling the demand without further expense, and in one court in which the writer practices the rule is not to allow an advocate's fee in small cases of debt (above £2 and under £5) unless this letter has been duly sent. There are many cases in which application must be made in order to found the action, e.g., notice of dishonour of a bill of exchange, to prove conversion in actions of trover, and sometimes the statute conferring the right to sue requires a prior notice. Notice is necessary before suing an official of the court for anything done or omitted by him as such. (9 & 10 Vict, c. 95, sec. 138; and 13 & 14 Vict., c. 61, sec. 19.)

The plaintiff may unite several causes of action in one action without leave of the court, subject to the discretion of the court to order separate trials, or to exclude any such causes of action and amend the particulars. There are three exceptions to this right: (1) In actions for the recovery of land, no other claim may be joined without leave of the judge beyond claims for mesne profits, arrears of rent, or damages for breech of a contract under which the land is held; (2 claims by a trustee in bankruptcy as such cannot be joined with claims in any other capacity without leave of the judge; and (3) no other claim may be joined in an action of replevin. (Orders VI. and XXII., rule 1.) Having decided whom to sue and what claims to make, and disposed of the preliminary steps, we

must next consider where the proceedings are to be taken. This is an important question as, if the action is brought in a county court which has no jurisdiction to try it, it must be struck out (except by consent), and the plaintiff will be ordered to pay the costs. (30 and 31 Vict., c. 142, sec. 14.)

In "Common Law actions the plaint may be entered in the county court within the district of which (1) the defendants, or one of them, dwell, or carry on business; (2) the defendants, or one of them, have dwelt, or carried on business within six calendar months before action, by leave of judge or registrar; or (3) the cause of action wholly, or in part arose, by the like leave. (30 & 31 Vict., c. 142, sec. 1.) The metropolitan courts constitute one district for this purpose. (19 & 20 Vict., c. 108, sec. 18; 30 & 31 Vict., c. 142, sec. 3.)

In "Equity" actions the proper court in which to sue is fixed by 28 & 29 Vict., c. 99, sec. 10. The form is, (1) in case of claims on land and of partnership, where the subject matter is locally situate in whole or in part; (2) in cases under the Trustee Acts 1850 and 1852, where the applicant, or one of them, resides; (3) in administration, where the deceased last resided in England, or the executors or administrators, or one of them, have their place of abode; and (4) in all other cases, where the defendants, or one of them, reside or carry on business.

In any of the foregoing cases, where an officer of the proper court is a party to the proceedings, they may be brought in (19 & 20 Vict., c. 105, secs. 19, 20, and 21), or transferred to (Order XVI., rule 18), any court of an adjoining district. And in proceedings by or against public bodies, it will sometimes be found they have the privilege of suing or being sued in a particular place.

The process issued against a defendant is a summons, and may be either an ordinary summons or a default summons. A default summons is issued in certain cases for the recovery of liquidated demands, and is dealt with in a subsequent paragraph; all other summonses are ordinary.

In order to obtain a summons the plaintiff must make a complaint, which is entered on the records of the court, and thereupon the summons is issued. The plaint may be entered by plaintiff in person, or by his solicitor, or (if the plaintiff does not reside within the district of the court) through the post. On applying to enter a plaint, the names, addresses and descriptions of the plaintiff, his solicitor (if any) and the defendants, must be furnished (Order IV., rule 3), except where defendant has left the district (Rule 4). At the same time plaintiff must file a written statement of the particulars of his demand for the use of the judge, and as many copies as there are defendants, unless the claim does not exceed £2 and an ordinary summons is to be issued. (Order VII. rule 1.) These particulars are subsequently annexed t›. erved with, and form part of the summons. (Order VIII., rule 4) Where the registrar is satisfied that the rules have been complied with, the proper information furnished, and the fees paid, he gives plaintiff a sealed memorandum of his having entered the plaint. This “plaintnote" is the plaintiff's evidence of title to the fruits of his action; as no money will be paid out of court without its production. (Order VIII., rule 1.) The summons is then issued forthwith (Order II, rule 4); and the action is commenced. (Order VIII., rule 2). The summons is a document under the seal of the

court commanding the defendant to appear at a par ticular court and stated time to answer the claim, particulars of which are annexed; is endorsed with information to enable defendant to save further costs, or to set up special defences; and must be served ten clear days before the hearing, except where defendant is about to leave the ordinary jurisdiction. (Rule 8.) Service is effected by the bailiff of the court, and is either personal or by delivery to some person apparently sixteen at the dwelling or place of business of the defendant. (Rule 9). If service cannot be effected the plaintiff will receive notice from the high bailiff. (Order II, rule 22.)

Default Summons.-This can only be issued in actions for debts or liquidated money demands, and then (1) as of right where the sum claimed exceeds £5; (2) as of right, whatever the amount, if the claim is for the price, value, or hire of goods, wholly or partly sold or let to defendant in the way of his trade, profession, or calling; and (3) by leave, in all other cases under £5 where defendant is not a domestic or menial servant, labourer, agricultural servant, journeyman, artificer, handicraftsman, miner, or person engaged in manual labour. (38 & 39 Vict., c. 50, sec. 1. (Order IV., rule 8.)

In addition to the steps requisite for the issue of an ordinary summons, an affidavit verifying the debt, and (where less than £5) showing that it falls within the above section, must be filed to obtain a default summons. The service must be personal; but the judge or registrar may in the exercise of his discretion, make an order giving leave to proceed as if personal service had been effected, if satisfied that defendant has knowledge of the summons, or is keeping out of the way to avoid service. (38 & 39 Vict., c. 95, sec. 1.) The summons is served by the bailiff of the court; or by plaintiff's solicitor; or, where they fail, by the plaintiff or some one in his permanent employment. In the first case the bailiff's endorsement is sufficient proof of service, but in the two latter, affidavits of service must be filed. If defendant does not, within 16 days from service or the order to proceed, give notice to the registrar in writing of his intention to defend the action, plaintiff is entitled to sign judgment; but if he allows two months to elapse from service without doing so, the proceedings are abortive, and must be commenced de novo. Where the summons cannot be served, it continues in force for six months, and may be renewed from time to time on application to the registrar. (Order VIII., rule 21.) Ör within two months from its issue, the default summons may be exchanged for an ordinary summons. (Order XXXVII., rule 1.) Where notice of defence is given, the registrar fixes the day of trial and gives notice to both sides; and if the action is fought out, the subsequent proceedings are the same as if an ordinary summons had been issued. Notice of defence is frequently given to gain time, and the efficacy of the speedy and peremptory summons and higher fees are lost, as there is no process in county courts analogous to a summons for judgment under Order XIV. in the High Court of Justice.

Judgments by confession and agreement.-To return now to the ordinary summons. Where defendant does not dispute the claim made against him he may settle the action either by compulsion or by agreement with the plaintiff. (1.) Defendant may sign a confession of the debt; the confession must be handed to the registrar; the latter gives notice to plaintiff,

and judgment is entered at the court day on proof of defendant's signature. The signature must be attested by the registrar or his clerk, in which case it requires no proof, or by a solicitor who must make an affidavit. To be effectual in saving further costs, beyond the judgment fee, the confession must be unconditional, or in a form plaintiff is willing to accept, and must be filed in court five clear days before the hearing. (See 13 & 14 Vict., c. 61, sec. 8; and Order XXVII., rule 44.) (2.) If defendant can come to terms with plaintiff an agreement may be signed by both parties, specifying terms and conditions, and requiring the same proof as a confession. On this being filed in court the registrar enters judgment forthwith. (13 & 14 Vict., c. 61, sec. 9.; Order XXXVII., rule 45.)

Notices to Defeat the Jurisdiction.-(a) It appears that where the case is ultra vires of the court, except by consent, a mere notice filed in court of the defendant's objection would stay further proceedings. (30 & 31 Vict, c. 142, sec. 14; and see as to ejectment, 30 & 31 Vict., c. 142, sec. 12.) (b.) Where the claim exceeds £20 in contract, or £5 in tort, the defendant may defeat the jurisdiction by giving notice in writing to the registrar, and the plaintiff, that he objects to the action being tried in the county court, and by giving security, approved by the registrar, for the amount of the claim, and the costs in the High Court, not exceeding £150. This will compel plaintiff, if he desires to go on, to begin de novo in the High Court; but the entry of the plaint in the county court prevents the operation of the Statute of Limitations, (19 & 20 Vict., c. 108, sec. 39; Order IX., rule 5.) (c) Where defendant is a justice of the peace, sued for anything done by him as such, and merely gives written notice to the plaintiff of objection, all further proceedings in the county court are void. (11 & 12 Vict., c. 44, sec. 10.)

Payment into Court.-The defendant may at any stage of any action before the hearing, pay into court what he deems a satisfaction of plaintiff's claim, with the costs up to that time; and, plaintiff may give notice in writing to the defendant and the registrar, a reasonable time before the return day, that he accepts the money paid in in full discharge, in which case the action is abated; or, plaintiff may go on with his action, in which case the money remains in court, and, if plaintiff does not recover more than the sum paid in, he must pay defendant's costs. (9 & 10 Vict., c. 95, sec. 82; Order XII., rules 4-8.) The effect of payment into court is to admit a cause of action, but not beyond the amount paid in.

Notice of Special Defence.-If the defendant wishes to raise certain defences, he is required to file a notice in the court five clear days before the return day of the summons, and in default, he cannot raise such defences at the hearing, unless the plaintiff consents, or the judge adjourns the case on terms to enable him to give such notice. (9 & 10 Vict., c. 95, sec. 76; Order IX., rule 7.) The defences of which notice must be given are: (1) Set-off or Counter-claim. (2) Infancy. (3) Coverture. (4) Statute of Limitations. (5) Discharge under bankruptcy or insolvency. (6) Justification of libel or slander. (7) Statutory defences. (8) Equitable defences, and (9) Tender. (See more particularly the above section and Order IX.) There is one other case, viz.: Where the defendant desires to defend on behalf of himself of others having the same interest, as to which, see Order IX., rule 2.

A defendant who claims to be entitled to contribution, indemnity or other relief, over against some person not a party to the action, may serve him with notice thereof, with a copy of the summons and particulars; and such third person may then appear at the hearing and dispute the plaintiff's claim against defendant or, if not, he cannot contest the validity of a judg ment in the action. (36 & 37 Vict., c. 66, secs. 24, (3.) and 89-91; and see Order XA.)

An action may be discontinued on giving notice and paying costs. (Örder XII., rule 1.) With the view of saving costs, a defendant may file a statement in court that he disclaims any interest in the subject matter of the action, or admits all or any of the statements in the particulars, or raises any question of law upon such statements without admitting the truth thereof (i.e., demurs) or intends to rely upon any new fact or document as a defence, or to bring it to the notice of the court. (Order XII., rules 2 and 3.)

Interlocutory applications are of considerable importance. (1) They are largely dealt with by Order XI., rule 1, of which provides, that in the long lists of matters there specified, an ex parte application to the judge may be made by any party to the action, and an absolute order may be made thereon in the first instance. (2) Where an action is brought by or against a firm, the names of all partners can be obtained on summary application. (Orders V., rule9; and XI., rule 9.) (3) In like manner a plaintiff can be compelled to give security for costs (1) where he is resident out of England. (Order IV., rule 2); and (2) where defendant resides or carries on business more than 20 miles from the court in which the action has been brought. (Order XI., rule 5.) (4) Where the plaintiff sues as assignee of a debt or chose in action, and defendant has had notice that the assignment is disputed or of a conflicting claim, he may (whether he disputes his liability or not) obtain an interpleader summons on which the rights of all parties shall be finally determined. (Order XXI., rules 9 and 10.) (5) If the particulars served with the summons are insufficient, the defendant may obtain further particulars on notice. (Order VII., rule 8.) A defendant is entitled to particulars sufficiently explicit to show him clearly what the matter is against which he is called upon to defend himself. (6) Discovery of documents can be obtained where desirable. Upon the party seeking discovery, filing an affidavit that he has reason to believe the opposite party has in his possession documents relating to the matters in question in the action, an order is made for an affidavit of documents by the party from whom discovery is sought. (7) Inspection of documents known to be in the possession of any party to an action may be obtained (a) by an order for inspection or (b) by notice to produce for inspection. (Order XIII., rules 3 and 5.) (8) Discovery of facts may also be obtained by means of interrogatories, leave to serve which is granted on application to the registrar, supported by affidavit, that the applicant will derive material benefit from them in the action; and (if defendant) that there is a good defence on the merits, and that discovery is not sought merely to delay the proceedings. The interrogatories must be answered on oath either by affidavit or orally. As to this and the two preceding heads, see Common Law Procedure Act, 1854, secs. 50, 51-54, and 105; Order in Council, 18th November, 1867; and Order XIII., rules 1-8. (9) The evidence of persons whose ability to attend the trial is doubtful, may be taken de bene esse, under Order

XIV., rules 9, 10, 8 and 7; the practice thereon is at the discretion of the judge, both because a court of record has power at common law to regulate its own practice, and because of 9 and 10 Vict., c: 95, sec. 78. No doubt the practice in the High Court of Justice would be followed. (10) Large powers are conferred to amend the proceedings at any time with the view of determining in the existing suit the real question in controversy between the parties. (19 & 20 Vict. c. 103, sec. 57; 38 & 39 Vict. c. 50, sec. 4.) (11) Changes in the parties to actions by reason of changes in the title of plaintiff or defendant, or of death, are dealt with by Order XV.

In preparing for the trial the solicitors on both sides have to get up their client's case, and in so doing they must not only use such of the interlocutory powers as are desirable, but will have to prepare the evidence, give notice to produce and admit, and consider which of the various modes of trial will be most beneficial to their client.

Evidence is either that of persons, or documents, or things. (1) The testimony of witnesses is on oath, and is either given orally in court or by affidavit. Evidence is viva voce except where the rules provide otherwise. (Order XIV., rule 3.) But any evidence may be taken by affidavit if the party desiring it files the affidavit, and gives notice to the other side five clear days before the hearing, and the other side does not within two clear days give notice of objection. (Rule 6.) The presence of witnesses is enforced where need be, by summons (38 & 39 Vict., c. 50, sec. 1; and Order XIV.; warrant-19 & 20 Vict, c. 108, sec. 31; or habeas corpus, 44, Geo. III., c. 102.) Disobedience to the summons is a contempt of court and punishable by fine. (9 & 10 Vict. c. 95, sec. 86.) (2) Where documents have to be tendered in evidence, the party tendering them has to prove that they are originals, or that he has done the best he could to obtain the originals, and having failed, has obtained secondary evidence of their contents. With the view of saving the expense of formal proof, a party who has documents in his possession may give a notice to the other side to inspect and admit; and unless such notice is given the cost of proof will not be allowed. (Order XIII., rule 9). To enable secondary evidence to be tendered of documents, a notice to produce should be served on the other side; or a summons to produce at the trial may be served on the person in whose possession the originals are. (3) Things may often be used as evidence, e.g., in an action of debt for making a coat, the coat may be produced to show that it is not properly made.

The Trial.-Appearance at the trial is in person, by solicitor, or counsel. (Order XVI., rule 8.) The trial may be before (1) the judge only; (2) the judge with assessors; (3) the judge and a jury; or (4) the registrar. The judge sitting alone tries the action in a summary way (9 & 10 Vict., c. 95, sec. 74), unless it is not defended, in which case it is disposed of before the registrar (30 & 31 Vict., c. 142, secs. 16 & 17.) Either party may, however, procure a jury or assessors. Where the claim exceeds £5, and in certain other cases, either party may procure a jury as of right by giving notice to the registrar; and where the claim does not exceed £5, either party may apply to the judge to grant a jury in his discretion. (9 & 10 Vict., c. 95, sec. 74; 28 & 29 Vict., c. 99, sec. 7; Order XVI,, rule 1-5). And in any action the judge may in his discretion, on application,

direct that one or more persons of skill and experience in the special matter in question in the action shall sit with him as assessors to give him the benefit of their special knowledge at the trial. (38 & 39 Vict., c. 50, sec. 5; Order XXXII.) If neither party appears, or if the plaintiff does not appear, the action is struck out, with costs. (9 & 10 Vict., c. 95, sec. 7; Order XVI.,rules 5 and 6.) Where plaintiff only appears, he must prove the service of the summons and his claim, except in the case of a default summons, when he is entitled to judgment without proof either of service or claim (Rule 6.) The whole action may be tried, or only plaintiff's claim (Rules 11 and 13.) The witnesses may be ordered out of court, either at the instance of the court or in the discretion of the judge on application of either party. The right to begin rests with the party on whom the onus probandi lies, and her or his advocate (if he has retained one) opens his case; his evidence is taken; if he fails to make out a case to the satisfaction of the court he is then nonsuited (9 & 10 Vict. c. 95, sec. 79.) The case for the other side is then opened; the evidence in support is taken; evidence in reply may then be tendered by the party beginning; the party beginning replies on the whole case; the judge sums up, if there is a jury; the verdict of the jury, if any, is taken, and the judge pronounces the judgment of the court. In some courts the party who does not begin is allowed to sum up his case before the other side replies. The remarks in my paper on proceedings before magistrates as to taking the evidence of witnesses apply to county court cases, and I refer the reader to them. Perhaps, however, a word may be said on the examination of a witness who proves hostile to the party calling him. In such a case if the judge thinks the witness is hostile and gives leave, the party calling the witness may put leading questions to him. By leave the witness may be asked whether he did not make different statements at another time, and evidence may then be called to shew that he did so. The party calling him may further contradict him by other evidence, but may not call evidence as to the general bad character of the witness; and a hostile witness must be not merely adverse in his testimony but shew an animus. The case does not appear to be treated in the County Court Acts or Rules; but it is reasonable to suppose the judge would follow the practice of superior courts as laid down by sec. 22 of the Common Law Procedure Act, 1854, and the decided cases, and dicta of leading text books. Points of law which arise during the trial are argued as they crop up. A case may at any stage, by consent of the parties, be referred to arbitration, and the award shall be entered as the judgment. (9 & 10 Vict., c. 95, sec. 77; Order XXIII.) The case may be, of course, referred back to the arbitrator.

Judgments are either ordinary or special. An ordinary judgment is one merely for payment of money or delivery of goods; a special judgment is one under which something has to be done in chambers prior to final judgment, e.g., directing accounts and enquiries to be taken. A special judgment is drawn up by the registrar, and states who has the carriage of the proceedings. Notice is then given by the registrar to all persons interested, and the accounts and enquiries are taken before the registrar in chambers, and all other incidental things requisite are done under his directions. When the terms of the special judgment have been complied with, the

registrar makes his certificate of the result, and upon that certificate the case comes on before the judge for further directions, i.e., for judgment.

Appeals from final judgments are almost entirely confined to points of law. They lie in all cases by leave, and without leave, under 13 & 14 Vict., c. 61, sec. 14; 19 & 20 Vict., c. 108, sec. 68 and 69; 28 & 29 Vict., c. 99, sec. 18; and 30 & 31 Vict., c. 142, sec. 13.

A new trial may be granted by the judge in his discretion in every case, (9 & 10 Vict., c. 95, secs. 80 and 89) Applications for this purpose are governed by Order XXVIII.

As a general rule costs follow the event; but it is always desirable, and in many instances necessary, to apply for costs as soon as the judgment is given.

Judgments are enforced (1) by execution against goods. (9 & 10 Vict., c. 95, secs. 88 and 94; 28 & 29 Vict., c. 90, sec. 8; Order XIX., rules 1-5); (2) by commitment of the judgment debtor to prison (Debtors' Act, 1869, sec. 5; Order XIX., rules 6-27); (3) by warrant of possession and punishment for contempt in cases of the judgment not being for the payment of money. (Order XIX., rules 28-31); (4) by garnishee order. (Common Law Procedure Acts, 1854 and 1860; and Orders in Council, November 1867, and May 1870); and (5) by removal into the High Court of Justice where the judgment is for more than £20, exclusive of costs, and the debtor has no goods which can be seized, (19 & 20 Vict., c. 108, sec. 49).

HINTS TO CANDIDATES READING STEPHENS' COMMENTARIES.

By T. F. UTTLEY, Solicitor.

Section I. Of the Study of the Law. SECTION I., commences by recommending the study of the law, to (1) gentlemen of fortune, for the purpose of (a) establishing rights, estimating injuries, weighing accusations, and disposing of the lives of their fellow subjects; and (b) qualifications, as members of parliament; (2) the nobility, because they are the hereditary counsellors of the Crown, and the judges of the lives of their brother peers; (3) the clergy, as clergymen; (4) physicians, for the sake of giving evidence satisfactorily when examined as witnesses (here note that the frequent combination of medical with legal considerations upon various mixed points, has introduced the science of forensic medicine, or medical jurisprudence); and (5) gentlemen professing the civil and ecclesiastical law in the maritime and spiritual courts of the kingdom.

Note that the civil and canon laws, considered with respect to any intrinsic obligation, have no force or authority in England, except, so far as they are permitted, and they are liable to have the proceedings in these courts, which permitted their reception, prohibited and annulled by the common law.

You will observe, that the study of the common law was wholly neglected by the Universities of Oxford and Cambridge, for the following reasons: The common law, or collection of unwritten maxims had subsisted immemorially in England, but not being committed to writing but only handed down by tradition, use, and experience, was not liked by the foreign clergy who came over with William I., and it was nearly ruined by the impulse given in the twelfth