appear that pretty good care is being taken as to proper legal tests.

YET some people never are satisfied. The indefatigable Mr. Charles Ford at a meeting of the Incorporated Law Society, held on 27th April last, amongst the numerous questions and motions standing in his name, had one condemning the present system. As he withdrew it we did not have the pleasure of benefitting by his ideas. We wonder what he wants!

ANOTHER member of the Incorporated Law Society —Mr. Dodd—who, like Mr. Ford, somewhat rides the hobby-horse of legal education-also had in his name a motion to the effect that it was desirable to establish four studentships of £50 each, tenable for two years, two of which should be awarded every year. We have not the least objection in the world to it, but will the Society ever see it? This motion, after a little discussion, was also withdrawn.

SOME of the motions and proceedings at these meetings of the Incorporated Law Society are, in their way, really very amusing. Witness Mr. Munton's intended motion, that an underground passage should be constructed from the Society's premises to the Royal Courts of Justice. This also was withdrawn, and well it might be. Some members seem to delight in worrying the council and making the printer's bill

JUNE 1, 1883.

NOTES OF THE MONTH.

WE would remind our readers that Essays for the Competition for prizes offered by this Journal must reach the Publishing Office not later than the 14th inst.

WE certainly expected a more generally satisfactory result at the last Solicitors' Final Honours Examination than only 7 successful candidates out of 33. We took it only those would go up who had a really good prospect, but this does not appear to have been the case generally, though it certainly was as regards the pupils of the Editor of this Journal, as he only sent up 4 for the Honours Examination, and of these 3 were successful, one taking the 1st prize, and the whole 3 being in the first 5. Not long ago the fourth man also would undoubtedly have taken Honours, and this shews that it is a stricter and harder examination than it was.

THERE were over 33 per cent. 'plucked' at the last Solicitors' Intermediate Examination, and over 32 per cent. at the last Solicitors' Final. This is considerably above the average. This would make it

We have not wasted space by reporting the proceedings at the meeting, considering these notes sufficient as regards points affecting students.

THE meeting of the Bar was duly held on 5th May last, and produced a crowded assemblage. There was no disguising the fact that the idea was the benefit of that branch of the profession, and not the benefit of the public. A bar committee was formed and we shall look with interest to see what they will do. We think members of the bar are individually doing well in trying to protect their own interests, and in some respects something of the kind was very advisable.

new.

SOME may ask what are the members of the bar afraid of? We reply-Chiefly encroachments by the other branch of the profession. The fear is nothing Lord Campbell, years ago, wrote feelingly on the subject, thus:-"In those days and long afterwards, barristers of every degree were consulted without the intervention of attorneys. An attorney was only employed in the actual processes of the court. Even in Anne's reign, the counsellor used to see his clients before breakfast, and at night, at the coffee houses round the Temple. An eminent counse in the reign of George IV., talked of reviving this

practise when the attorneys conspired against him. I suppose that in those days, the serjeant or barrister made up his own brief, and himself took what fee he could bargain for, or was customary from the client. The attorney has now become the adviser, and keeps the key of the barrister's chambers. So the apothecary has invaded upon the physician. The young barrister had then also the stewardship of manors, settlement drawing, even when on circuit-all now usurped by attorneys." (Campbell's Lives of the Chancellors, Vol. III., p. 341, note.)

WHAT a burning question that of fusion of the two branches of the profession will one day become, and how difficult a one to deal with rightly. There is a growing public opinion that there should be some kind of fusion of the two branches of the profession, and in the words of Mr. Hallam, in his Constitutional History, "To withstand the course of popular opinion is always like a combat against the elements of commotion."

ALL students must carefully read the new short practical rules of court which we give in another column. Examiners at the next Final will probably find material in them for one or two questions. The new rules which have been so long in coming, are expected to be published shortly before the Long Vacation.

THE members of the South Eastern Circuit will entertain Mr. Justice A. L. Smith at a complimentary dinner, in honour of his recent elevation to the Bench, on the 12th inst., at the Albion, Aldersgate Street. The complimentary dinner to Mr. Benjamin, Q.C., upon his retirement from the Bar, is fixed to take place on the 30th inst.

THE block in the trial of causes in the Chancery Division is, in our opinion, scandalous. We seem getting worse in this respect. Many extreme instances could be given, but to take one cause alone of the many within our own knowledge-it was set down 30th October last, it cannot take half an hour when it does come on, and when that will be no one can tell. The transfer of a certain number of causes to the Queen's Bench Division is something, but it is very like one drop of water to a man dying of thirst.

IN the face of all this, how absurd it seems that all courts should be adjourned for the Queen's Birthday, and this only four days after the courts had again commenced to sit. Our contemporary, the "Solicitors' Journal" (26th May last), points out that there is no rule or order of court providing for any such adjournment, and then calmly suggests that it would be well

to make such a rule. Why, we don't for the life of us know.

WHAT a lot of absurdities there are still existing in our legal system. The idea of the judges sitting down and resigning themselves to reading aloud, word for word, all the wretched evidence in that most wretched case of Belt v. Lawes. We are thankful that counsel having slept on the matter thought it might be eased down. Sir Hardinge Giffard is indeed a stauch Conservative.

THOSE who want to read a really funny anecdote about Mr. Justice North-quite in keeping with our own idea of that learned judge-should turn to "Truth" for 3rd May last. It is quite worth the trouble, and we have half a mind to repeat it—but we won't.

WE have received a copy of No. 2 of "The United Law Students' Magazine." We gladly give it publicity, but fancy, unless the Society can produce something more interesting and useful, no one will purchase it a second time.

WE would point out to Intermediate students the great benefits they may derive from a careful study, month by month, of the Hints on Stephen's Commentaries now appearing in our columns.

Rquiqus.

By J. M. LELY, London: Stevens

Wharton's Law Lexicon. 7th edition. Esq.. M.A., barrister-at-law, &c., &c. & Sons, 1883. (Price, 38s.) THIS well established work has reached a 7th edition, and is worthy a place in the library of every law student, and indeed of every lawyer, for it is so extremely useful to have a work at one's hand to turn to for, at any rate, some information on almost any legal subject. Knowledge is of two kinds, that which one possesses, and that which one knows where to find, and in this latter sense here is knowledge placed within any one's reach. This work is far more than a mere dictionary of legal terms and expressions, it is an index to all sorts of points-a sort of legal enquire within upon everything." To take an instance of its use to a student :-Say he has some hazy notion that a tenant giving notice to quit and not quitting incurs a penalty of double rent or double value. He turns to this work, title "double rent," and at once finds the distinction and the statutes. Then supposing he is a curious reader and likes to know the meaning of many words and expressions he comes across-he has but to turn to these pages. For instance, the thought strikes him "what was the origin of the word 'culprit.' His inquiring mind will be satisfied by turning up that word. In its place the work is unique and most valuable. We don't suppose any student was ever possessed with the mad idea of reading "Wharton" straight through, or ever will be. To do so would, of course, involve him in a hopeless jumble; the book's proper place is as one of reference, as a refresher to memory, and an assistance on occasional points occurring in practice.

Students' Cases.

Watkins v. Rymill, 10 Q. B. D., 178. (C. A.) The plaintiff left a waggonette with the defendant' who kept a repository for the sale of horses and carriages on commission. A receipt was given him for the waggonette, and the receipt was followed by the following printed words, "Subject to the conditions as exhibited on the premises.'

By the conditions so exhibited the defendant had the right to make certain charges for the keeping of the waggonette, and also the right to sell it after he had kept it for a month.

DECIDED that the plaintiff was bound by all the conditions so exhibited, although he swore he had not read them.

NOTE in Indermaur's Principles of Common Law, 2nd edition, p. 109.

In re Blyth v. Fanshaw, ex parte Wells, 10, Q. B. D., 207.

A solicitor should, before he incurs any extraordinary expense in an action, such as taking shorthand notes of the evidence, or procuring the attendance of expert or scientific witnesses, inform his client that such costs may not be allowed on taxation, as between party and party, and that the client may in any case have to bear such costs himself. In this case, where the solicitor had omitted to do this, he was not allowed such costs on taxation as between solicitor and client, although the client had authorised him to employ a shorthand writer, and had availed himself of the notes after they were taken.

NOTE in Indermaur's Manual of Practice, 2nd edition, p. 112.

Sutton v. Sutton, 22 Ch. D., 511. (C. A.)

Any action to recover money due upon a mortgage charged upon land must be brought within 12 years from the last part payment of principal or interest or acknowledgment in writing.

Sec. 8 of the Real Property Limitation Act, 1874 (37 & 38 Vict., c. 57), applies not only to the mortgagee's remedy against the land, but also applies to the personal remedy on the covenant in the mortgage deed.

Fearnside v. Flint, 22 Ch. D., 579. (Fry, J.) Where, in addition to the mortgage deed, the mortgage debt is secured by a collateral bond, the mortgagee's remedy on the bond is barred after 12 years by sec. 8 of the Real Property Limitation Act, 1874 (37 & 38 Vict., c. 57).

NOTES.-The first of these two cases-Sutton v. Sutton -is now so well known throughout the professsion as to need no comment. Before this decision, it was generally supposed by the profession that sec. 8 of the Real Property Limitation Act, 1874, barred only the mortgagee's remedy against the land, and that he still retained the right to sue the mortgagor upon the covenant contained in the mortgage deed within 20 years from the breach of the covenant. See also Sands v. Thompson, 22 Ch. D., 614, where it was held that the mortgagee's legal estate in the mortgaged property was extinguished by 12 years adverse possession of the mortgagor. Note in Williams' Real Property-chapter on mortgages; Prideaux's Dissertations, 11th edition, p. 469; Snell, 5th edition, p.

305.

Greene v. Foster, 22 Ch. D., 565. (C. A.)

In a foreclosure suit by a first mortgagee against a

second mortgagee and the mortgagor, the first mortgagee is not entitled to require delivery up to him of deeds, subsequent in date to his own mortgage dealing only with the title to the equity of redemption. NOTE in Williams' Real Property-chapter on mortgages.

Wilson v. Turner, 22 Ch. D., 521. (C. A.) Trustees under a marriage settlement had power to apply the whole, or such part as the trustees should think fit, of the annual income of the share to which any child should be entitled, for or towards the maintenance or education of such child, either directly, or to his or her guardians or guardian, without seeing to the application thereof, or requiring any account of the same. The trustees paid the whole of the income to the father during the infancy of the only child of the marriage. They exercised no discretion as to the application of the income or maintenance of the child.

DECIDED that a discretionary power only was given to the trustees, not an absolute trust to apply the income for the maintenance of the child. That as the trustees had not exercised this discretion, the income had therefore not been properly applied. And that the estate of the father was liable for, the whole amount of the income paid to him.

NOTES-The principle to be followed in deciding whether a clause for maintenance creates a trust or a discretionary power only is stated by Lindley, L. J., in this case as follows:-We must look at every clause that comes before us, in order to see whether there is a trust for the maintenance of the children. Such as would enable the father to insist on the trust fund being applied for the maintenance of the children, although he is himself able to maintain them. If there is such a trust he is entitled to have the children maintained out of the trust fund; if there is no such trust, he is not.

NOTE in Smith's Manual of Equity, 12th edition, 805. Snell's Equity, 5th edition, p. 410.

In re Smith, Green v. Smith, 22 Ch. D., 586. (Fry, J.)

An action was brought by an undischarged bankrupt on a contract entered into by him after the commencement of the bankruptcy. The defendant, who was a creditor of the bankrupt and who had proved his debt in the bankruptcy, set off the unpaid balance of the debt he had proved against the sum claimed in the action.

DECIDED that he could not set off such unpaid balance.

NOTE in Baldwin's Bankruptcy, 2nd edition, p. 267 ; Ringwood, 2nd edition, p. 103.

In re Freer, 22 Ch. D., 622. (Chitty, J.)

A testator made a specific bequest of railway stock. He was afterwards found lunatic from a date subsequent to his will.

The railway stock was sold under an order made in the lunacy-the proceeds of the sale were invested in consols, and the consols carried to the credit of the lunatic to an account, intitled "Proceeds of the sale of stock in the G. railway company."

DECIDED that the sale by the court amounted to an ademption, and that the legacy consequently failed.

NOTES. The 19th sec. of the Lunacy Regulation Act, 1853, provided that the proceeds of land of a lunatic shall, notwithstanding its conversion, preserve the character of land, and belong to the same persons who would have been entitled to the land if there had been no conversion. There is no analogous provision contained in the Lunacy Acts with reference to personal estate, and a conversion of any

part of the lunatic's personal estate made under an order of the court stands precisely on the same footing as if it had been made by the testator himself. In the case of the proceeds of personal estate, the court can only deal with them as it finds them at the testator's death, and it makes no difference that they have been carried over to a separate account.

Prideaux's Dissertations, 11th edition, p. 378; Snell, 5th edition, p. 206.

In re Speight, Speight v. Gaunt, 22, Ch. D., 727. (C. A.) A trustee is only bound to conduct the affairs of the trust, in the manner in which an ordinary man of business conducts his own affairs. Where, in the ordinary course of business, he would, in his own business employ a broker or agent, he may do so for the purposes of the trust. A trustee employed a broker to invest £15,000 in corporation stocks. trustee could have purchased them without the intervention of a broker. The broker brought the trustee a bought note and took a cheque for the £15,000, which he subsequently appropriated.

The

DECIDED that as the trustee had only acted in the ordinary course of business, he was not liable to make good the loss occasioned by the embezzlement of the broker.

NOTE in Snell's Equity, 5th edition, p. 149; Smith's Manual Equity, 12th edition, 357.

Bolckow, Vaughan & Co. v. Fisher and others, 10 Q. B. D., 161.

A party in answering interrogatories can not only be compelled to answer those which are within his own knowledge, but must also answer those within the knowledge of his servants or agents, if he can reasonably be expected to be able to obtain such information.

NOTE in Indermaur's Manual of Practice, 2nd edition, p. 73; and in any edition of the Rules of the Supreme Court under Order XXXI.

Castellain v. Preston, W. N. 1883, p. 52.

The decision of Chitty, J., in this case, which is reported and commented on in the last volume of the Law Students' Journal, p. 95, was reversed in the Court of Appeal.

NOTE under the case of Castellain v. Preston, L. S. J. for 1882, p. 95. Rayner v. Preston, L. S. J. 1883. p. 1. The Mersey Steamship Company v. Shuttleworth & Co. 10 Q. B. D., 468.

The defendants in an action for a liquidated demand pleaded admitting the claim, but setting-up a counterclaim for unliquidated damages for a greater sum than the claim.

The plaintiffs applied under Order XL., rule 2, for leave to sign final judgment for the amount of his claim and for payment of the amount into court, to abide the result of the action.

DECIDED that the plaintiff was not entitled to sign final judgment for his claim, or to have the amount of it brought into court.

NOTE under Order XLII., rule 8, and in Indermaur's Practice, 2nd edition, p. 144.

Davis & Son v. Morris, 10 Q. B. D., 436. The right to sue partners in the name of the firm is not confined to cases of partners carrying on business at the date of the writ, and it is a question of fact whether the plaintiff intended to sue under the firm's name, those persons only who were partners at

the date of the issuing of the writ, or those persons and any former partners.

NOTE in any edition of the Judicature Acts and Rules, under Order XVI., rule 10; and Order XLII., rule 8; and in Indermaur's Manual of Practice, 2nd edition, p. 40.

Dymock v. Watkins, 10 Q. B. D., 451. (C. A.) In an action remitted to the County Court for trial, the defendant's counsel has no right, after the defendant's evidence has been heard, to claim to address the jury, unless specially allowed to do so by the practice of that particular County Court.

Roope v. D'Avigdor, 10 Q. B. D., 412. A statement of claim is not demurrable on the ground that the facts shown amount to a felony, and that no prosecution for the felony has been made. NOTE in Harris's Criminal Law, 3rd edition, p. 3. Indermaur's Principles of Common Law, 3rd edition, 278. Threlfall v. Wilson, 8 P. D., 18.

A married woman, suing since the Married Women's Property Act, 1882, is not liable to give security for

costs.

Ex parte Wilkinson, In re Berry, 22 Ch. D., 788. (C. A.) A debtor assigned to a creditor the whole of his property to secure a past debt and future advances. There was no agreement technically binding on the creditor, but he promised to do so, and subsequent advances were made.

DECIDED that the deed was not fraudulent, or an act of bankruptcy, within sub-sec. 2 of sec. 6 of the Bankruptcy Act, 1869.

NOTES. The rule laid down by this case appears to be that an assignment, even of the whole property of a debtor, will not be fraudulent and void where the arrangement is made bona fide, with a view of enabling the debtor to continue his business, and is not a mere scheme to obtain payment of an existing debt. NOTE in Baldwin, 3rd edition. p. 50.

Blandford v. Blandford, 8, P. D., 19.

Desertion and cruelty of a husband, which has been condoned by the wife, will be revived by the subsequent adultery of the husband.

NOTE in Harrison's, Bedford's, or Haynes' Guide to Probate and Divorce under condonation.

LAW CRICKET CLUB.

THE Annual Ball in connection with this Club was held at Kensington Town Hall, on the 27th April last. and was a great success. Upwards of 370 were present, among whom were Baron and Lady Pollock, Justice and Lady Cave, and several leading members of both branches of the profession with their friends.

The club has opened well this season as regards cricket. Four matches have been played, the first against the Highgate Wanderers, who only scored 47 against the Law Club's 167, for six wickets, of which number Mr. C. H. W. Beresford contributed 66, not out, and Mr. J. A. C. Tanner, 28, not out. Against Willesden on the 12th May, the Law Club scored 99 to 43 of their opponents. At Kingston Hill they lost by 13 runs, making 173 against the 186 put together by the enemy. On Saturday, the 19th May, the Law Club scored 167 (Mr. H. D. Bewes making 110, not out, in fine form) against 76 for six wickets made by Upton Park.

The Lawn Tennis Tournament open only to Members of the Club commences on 13th June, and matches with other Lawn Tennis Clubs are arranged for July. Full particu lars of the Club may be obtained from the Hon. Secretary, 66, Great Russell Street, W.C.

HINTS TO CANDIDATES READING STEPHEN'S COMMENTARIES.

(Continued.)

By T. F. UTTLEY, Solicitor.

Book I.-Of Personal Rights. BEARING in mind the definition of municipal law, it follows that the objects of laws are (a) the establishment and maintenance of rights; and (b) the prevention or redress of wrongs. Analyzing the former, we find that they consist of several kinds: (1) personal rights; (2) rights of property; (3) rights of private relations; and (4) public rights. Wrongs may be divided into: (1) civil injuries, or injuries to particular individuals, these are subjects for redress; and (2) crimes or injuries to the public at large, which are subjects for punishment.

Personal rights, it should be observed, consist of two principal or primary articles.

(I.) The right of personal security, which consists in the legal enjoyment of life, limbs, body, health and reputation. Hereon note the meaning of the term duress (from the Latin durities), a compulsion or constraint. Of this there are two sorts: (1) duress of imprisonment, where a man actually loses his liberty; and (2) duress per minas, where the hardship is only threatened and impending. Observe that these rights of life can only be determined either (a) by the civil death of the person, as where he was outlawed or attainted; or (b) by natural death.

(II) The right of personal liberty consists in the power of changing our abode, or of moving our person to whatsoever place our inclination may direct. Hereon note, that: (1) it is a right strictly natural; (2) the laws of England never abridge it without sufficient cause; and (3) it cannot be abridged at the discretion of the magistrate, without the explicit permission of the laws. The following statutes on the subject are important: Magna Charta, the Petition of Right, and Habeas Corpus. To make a commitment to prison lawful, it must either be (a) by process from the courts; or (b) by warrant from some person having authority to commit. Remember that

the writ of ne exeat regno (that he leave not the kingdom), is now only used as a means of preventing a defendant from leaving the country. If imprisonment is illegally inflicted by a private subject, the remedy is by action or indictment.

Book II.-Of the Rights of Property.

Bear in mind, that the rights of property consist in a man's free use, enjoyment, and disposal according to the laws of the community, of all his acquisitions in the external things around him. Property both in lands, and moveables had its original foundation in occupancy, and remained in the first taker by the principles of universal law. The doctrine of ownership drew with it that of transfer, and subsequently the right to dispose of property by will.

Part I.-Of Things real.

Note that things are distributed into two kinds : (1) things real (or realty), consisting of things substantial, and immoveable, and of the rights and profits annexed to or issuing out of these; (2) things personal (or personalty), consisting of money, and other moveables, and of such rights and profits as relate to them.

Chapter I-Of the Division of Things real. Things real are usually said to consist in land, which comprehends any ground, soil, or earth what

soever, and not only the face of the earth, but everything under it, and over it for the maxim is Cujus est solum ejus est usque ad cœlum; tenements which signify everything that may be holden; and hereditaments which include whatsoever may be inherited, be it corporeal that is such as may be seen and handled as land, or incorporeal, as the rights and profits annexed to, or issuing out of land; or real, personal or mixed.

Chapter II.-Of Tenures.

Note that a feud may be said to be an estate held for stipend or reward, whereas an allodium is free lands, the tenants of which pay no fines or services, and do not hold of any superior. If a tenant granted portions of land to be held of himself by another person, this was called sub-infeudation.

Remember that, the original or military feuds were (1) conferred by words of donation, dedi et concessi; and (2) perfected by the ceremony of corporeal investiture, which included an oath of fealty and homage. The feud was also attended, with the following incidents :-(1) Aids; (2) Relief; (3) Fine on alienation; and (4) Escheat and forfeiture.

Bearing in mind the meaning of the word "tenement," it follows that the possessors would be called tenants," and the manner of their possession a "tenure." Where this tenure was of the sovereign immediately, it was said to be in capite or in chief, and was said to be of two kinds, either (a) ut de honore where the land was held of the king, as proprietor of some honour, castle, or manor; or (b) ut de corona where it was held of him in right of the Crown itself. Note that the lord paramount was the supreme lord, the mesne lord was the middle lord, and the tenant paravail was the lowest tenant. Remember that services might be free, or base in respect of their quality; and certain, or uncertain in respect of their quantity, and the time of exacting them. The combination of these services gave rise to the various kinds of lay tenures, which were:(1) Knight service, where the service was free, but uncertain; (2) Free socage, where it was not only free but certain; (3) Pure villeinage, where it was base and uncertain; (4) Villein socage, where it was base, but certain. These tenures, in process of time were described, as only three, viz. :—

:

(I.) Knight service-to make this tenure a determinate quantity of land was necessary. This tenure was, (1) granted by words of pure donatio, dedi et concessi; (2) transferred by livery of seisin; and (3) perfected by homage and fealty. It had the following incidents:-1, Descendible to heir. 2, Wardship. 3, Marriage. 4, Aids. 5, Relief. 6, Primer seisin, incident only to the King's tenants in capite. 7, Alienation on attaining 21. 8, Fine on alienation exacted from the King's tenants in capite. 9, Escheat and forfeiture. Other kinds of tenure by knight service were: Grand serjeanty, where the tenant was bound to do some special honorary service to the King in person; and, Cornage to wind a horn, when enemies entered the land. Note that scutage meant a pecuniary_instead of a military service. The statute 12 Car. II., c. 24, enacted that, all sorts of tenures held of the king, or others, should be turned into free and common socage, save only tenures in frankalmoign, copyhold, and the honorary services (without the slavish part) of grand serjeanty.

(II.) Socage tenure, which is where the tenant holds his tenement of the lord by any certain service, in lieu