Report of the Bankruptcy Commissioners.-Common Law Procedure Bill. 63 a practice might advantageously be intro- but the difficulty of obtaining a suitable site duced." NEW COUrts and offices. The Commissioners are strongly in favour of bringing the Bankrupt Courts and offices of the official assignees to the same locality as the proposed new Courts of Law and Equity. "It appears to us" (they say) "that the building in Basinghall Street, which was erected in 1822 for the purpose of providing rooms for the meetings of the then London lists of Commissioners of Bankrupt, affords very insufficient accommodation for the suitors, practitioners, and others resorting to the present Courts. "Moreover the rooms devoted for offices to has hitherto prevented its accomplishment. The arrangement which we suggest would afford an opportunity for the attainment of this important object." AMENDMENTS IN THE COMMON LAW PROCEDURE BILL. WE are glad to find that this important measure is making progress in Parliament, and we now lay before our readers the substance of the amendments made by the Select Committee of the House of Lords. As to Arbitrations.-One of the objections justly made by Lord St. Leonards to the Accountant in Bankruptcy are small and the indefinite power of arbitrators to enlarge inconvenient. The office of the Taxing Master the time for making their award, might be is quite unsuitable. The messengers' offices removed by rendering it necessary to obtain take up a portion of the very confined space in a Judge's order to enlarge the time, on the the Courts themselves. The official assignees application for which the opposite party cannot be accommodated within the building; would have an opportunity of being heard and altogether it is ill adapted and inadequate and preventing unnecessary delay. to the requirements of the establishment. The following are the amended sections on this subject : If no application is made to set aside any award within the first seven days of the Term next following its publication, or if no rule is granted thereon, or if any rule granted thereon is afterwards discharged, such award shall be final between the parties; (s. 9). Award may, by authority of Judge on terms, be enforced after seven days from publication, although time for moving to set aside not elapsed; (s. 10). The Court or Judge may stay proceedings taken by one party to any instrument in writing for a reference to arbitration, on an application after appearance and before plea; (s. 11). "We are therefore of opinion, that in the event of any plan being carried into effect for bringing your Majesty's Courts of Law and Equity in London into one central position, it would be desirable that the London Court of Bankruptcy should be removed to the same locality. Besides the improvement of accommodation, other advantages would be likely to ensue. Opportunities of more frequent intercourse with the higher functionaries of the law, the presence of a more numerous Bar, and greater readiness of access to all members of the Profession, could not fail to be beneficial and to promote in various ways the efficiency of the Court. Any supposed inconvenience to traders of the city of Londom from having to attend a Court situated a short distance westward of its present locality, would be more than compensated by the additional facilities which their attorneys would have for combining practice in bankruptcy with their other legal business, and for readily obtaining, when Every agreement or submission to arbitrarequisite, the assistance of counsel. The faci- tion, whether by deed or instrument in writing lities, too, of proving unopposed debts by affi- not under seal, may be made a rule of Court, davit and the appointment of numerous officers unless a contrary intention appear; (s. 13), before whom affidavits may be made, render As to the number of the Jury.-If 10 or 11 the locality of the Court immaterial to the of the jury shall agree, their verdict shall be great body of traders, even of the city of taken and have the same force and effect as if London; while, by reason of the increase of unanimous, and if 10 or 11 cannot agree after the metropolis westward, and the enlargement twelve hours' deliberation, the jury to be disof the area over which the jurisdiction of the charged; (s. 17).. London Court extends, the present site has become less appropriate than it was at the time of its original selection. On the failure of the parties to instrument to appoint arbitrators, or of the arbitrators to act or appoint umpire or third umpire in terms of deed, a Judge may appoint upon seven clear days' notice being given; (s. 12). As to the Examination of Witnesses and their Oath.-The language of the affirmation instead of oath is varied; (s. 21). A party may discredit his own witness if he shall, in the opinion of the Judge, prove adverse; (s. 23). "The assembling of the official assignees, as well as the other ministerial officers of the Court, under one roof, with a view to their better superintendence and control, and to the As to Deeds, &c., insufficiently stamped.-A more ready transaction of business, was re- proviso is added to s. 30, which directs the commended by the Commissioners for inquir-officer of the Court to receive the duty and peing into Bankruptcy and Insolvency in 1840; nalty on stamping a document at the trial, di 64 New Statutes effecting alterations in the Law.-Law of Attorneys and Solicitors. recting the enactment shall not extend to any document which cannot now be stamped after the execution thereof on payment of the duty and a penalty. Error on Special Case.-The Court of Error is required to draw any inferences of fact from the facts stated in the special case which the Court where it was originally decided ought to have drawn; (s. 33). Affidavits on new matter. Leave of the Court or a Judge is required on affidavits in answer upon new matter in affidavits of opposite party (s. 46), and also for the delivery of written interrogatories at any time to the opposite party or his attorney; (s. 52). The equitable replication under s. 86 must begin with the words "for replication on equitable grounds," or words to the like effect, and 8.87 provides that the Court or Judge may strike out the equitable plea or replication on such terms as to costs and otherwise as may seem reasonable. The continuance of action in case of death, must be made by summons, and in default of continuance, a suggestion of default may be entered and judgment for costs of action and suggestion; (s. 93). The claimant in a second action of ejectment, where prior action unsuccessful, for same premises against same defendant, may, on application to Court or Judge after appearance, be ordered to give security for costs; (s. 94). Writs of execution issued before October 24, 1852, if unexecuted, not to remain in force for more than six months after 24th October, 1854, unless renewed under the 15 & 16 Vict. c. 76, s. 124; (s. 95). The provisions relating to the Superior Courts to apply to the Court of Common Pleas at Lancaster and the Court of Pleas at Durham, (s. 101), and the provisions as to the Masters of the Superior Courts to apply to the Prothonotaries of the Palatinate Courts; (s. 102). The Court of Queen's Bench to be the Court of Appeal from the Palatinate Courts in reference to motions for new trials, or to enter verdicts or nonsuits previously made to the Judges of such Courts; (s. 103). NEW STATUTES EFFECTING ALTE- COMMONS' INCLOSURE ACT. closures would be expedient; but the same cannot be proceeded with without the previous authority of Parliament: Be it enacted, as follows: 1. That the said several proposed inclosures mentioned in the Schedule to this Act be proceeded with. 2. In citing this Act in other Acts of Parliament, and in legal instruments, it shall be sufficient to use either the expression "The Annual Inclosure Act, 1854,' or The Acts for the Inclosure, Exchange, and Improvement of Land." 66 A CLERK was articled to an attorney and solicitor on Jan. 25, 1849, and duly served under the articles up to June 26, 1851, when the attorney, at the request of the clerk and his father, agreed to assign the articles to the father and to execute the deed of assignment when tendered. The clerk on the same day went to his father's office and served until Jan. 25, 1854, but no assignment was executed until Jan. 10, An Act to authorise the Inclosure of certain 1852. On an application for the clerk to Lands in pursuance of a Report of the In- be at liberty to give the requisite notices of closure Commissioners for England and examination in the ensuing Term, CrompWales. [12th May, 1854.] ton, J., observed,-"The language of the WHEREAS the Inclosure Commissioners for Statute' is very express. I do not see how England and Wales have, in pursuance of service under an agreement for an assign"The Acts for the Inclosure, Exchange, and ment can be reckoned as service under the Improvement of Land," issued their provisional orders for and concerning the proposed assignment;" and, in granting a rule for the inclosures mentioned in the Schedule to this examination, added, "I am strongly of Act, and have in their Ninth Annual General 16 & 7 Vict. c. 73, s. 3. Law of Costs.-Notes on Recent Statutes.-Law Students' Corresponding Society. opinion that the applicant will not be entitled to be admitted upon this examination." Exparte Brutton, 1 Lowndes & Maxwell, 219. LAW OF COSTS. SECURITY FOR COSTS ON PLAINTIFF'S GOING ABROAD PENDING SUIT. THE plaintiff was resident in England in March, 1851, when he filed his bill, but being in embarrassed circumstances in May, 1852, he went to, and was still resident in, Jersey. On a motion that he might give security for costs, the Master of the Rolls said,—"I think you are entitled to the order. The state of the case is this:-this gentleman, in the early part of the year, leaves his residence, and it does not appear where he went, except that for some time he was residing with his solicitor. He then appears in Jersey, and writes that he thinks of coming back. "This is not a case of a plaintiff who, having ordinary residence here, goes abroad for a temporary purpose. It is clear, that, in consequence of pecuniary embarrassments, arising out of other circumstances, the plaintiff has not, and does not intend to have, any fixed residence in this country." Weeks v. Cole, 14 Ves. 518, was cited. Blakeney v. Dufaur, 16 Beav. 292; 2 De G., MN. & G. 771. NOTES ON RECENT STATUTES. RETROSPECTIVE OPERATION OF NEW A REFERENCE was directed to the Master in 1850, and it was ordered that the defendant should be examined upon interrogatories as the Master should direct. A motion for the defendant's examination vivá voce by the Master under the 15 & 16 Vict. cc. 80, 86, was refused, and it was held that the Acts did not apply to causes which were in the Masters' offices when they came into operation. Routh v. Tomlinson, 16 Beav. 251. 65 Your Committee feel that to enumerate the many advantages accruing to the Law Student from mutual intercourse with his fellows, would be quite an act of supererogation, but nevertheless they would urge upon all, the consideration of those advantages which they regret have at present received so little attention at the hands of the Junior Members of the Profession. Your Committee deem it advisable briefly to advert to the distinguishing features and obthe attention of those Articled Clerks who are jects of this Society in the hope of attracting not at present aware of its existence. It is designed, first-As a means of friendly intercourse and for the purpose of engendering Articled Clerks; secondly-To supply the feelings of unanimity and friendship amongst wants of a Debating Society in small towns, by affording a medium for the written discussion of moot points, and the composition of furnish opportunities to the Student to apply essays; and thirdly-By the same means, to principles to practice, and thus assist him in obtaining a practical knowledge of his Profession. mittee to state that the Society now numbers It affords much satisfaction to your Comupwards of thirty members, but still considering the number of Law Students in the kingdom, they cannot but feel some surprise that but as they hope that this has arisen chiefly so few should as yet have joined the Society; from ignorance on the part of the Profession, either of the existence or objects of the Society, they trust, by the publication of this Report, to bring the Society more generally before that numerous body, for whose benefit it has been eatablished, and that this increased publicity may be followed by a considerable and speedy accession of members. With regard to the financial position of the Society, your Committee have to report-That finding it impossible to carry on the Society with the revenue arising from the subscriptions originally proposed, they have found it necespayment of an annual subscription of 2s. 6d., sary to call upon each of its members for the in addition to an entrance fee of 2s. 6d. payable on admission. the stability and importance of the Society, reYour Committee, with the view of adding to commend that it should not be confined exclusively to Articled Clerks, as they consider that the interests of the Society would be materially consulted, if solicitors could be induced to give it their countenance and co-operation, LAW STUDENTS' MUTUAL CORRE- by becoming honorary or ordinary members; SPONDING SOCIETY. FIRST ANNUAL REPORT. THE Committee in presenting to the Members this their First Annual Report of the proceedings and progress of the Society, have great pleasure in being enabled to congratulate them upon the permanent establishment of an organised system of intercommunication amongst Articled Clerks. and in furtherance of so desirable an object, propose that solicitors be invited to become honorary members upon payment of a donation of half-a-guinea, or an annual subscription of 5s., or ordinary members upon the same terms as the other members of the Society. CHARLES R. GILMAN, Hon. Sec. St. Giles' St., Norwich, April 9, 1854. 66 Barristers Called-Articled Clerks' Queries and Answers.-Correspondence. BARRISTERS CALLED. Easter Term, 1854. Charles Meaburn Tatham, Esq., M.A. Randolph Henry Crewe, Esq., M.A. INNER TEMPLE.-May 1. John Edward Palmer, Esq. Matthias Calthrow Turner, Esq. Patrick M'Gregor Robertson, Esq. Henry Watson, Esq., B.A. John Airey, Esq. Charles Pontifex, Esq., B.A. John James Heath Saint, Esq., B.A. Hon. Francis Dudley Stuart Wortley. William George Granville Vernon Harcourt, Esq., B.A. Thomas Bell, Esq. Philip Henry Le Breton, Esq. Jonathan Darby, Esq., B.A. Joseph Augustus Yorke, Esq. MIDDLE TEMPLE.-May 1. Fred. Benj. D'Elwood Ramadge, Esq., B.A. William Thomas Greenhow, Esq., B.A. vate reading be unreasonable? It appears hard for one to be engaged during the fourth year of service in copying and ordinary office work, with now and then a conveyance to draw, and without any right of appropriating some time to preparation for an examination which threatens to be of no ordinary character; and especially when the office hours are so heavy as those named above. And is not such a state of things (if there be anything unreasonable in such an application) repugnant to the spirit of the articles usually entered into between master and clerk? A CONSTANT SUBSCRIBER. [We think that the attendance of an ar ticled clerk from 9 till 5 is generally sufficient, though on urgent occasions he should continue his services to a later hour. He should have the evening to pursue his studies. The attorney is bound to teach and instruct his articled clerk in the profession of an attorney and solicitor, and to aid him in preparing for his admission on the Roll, and this cannot be done without a regular course of reading.-ED.] MODE OF SERVICE UNDER ARTICLES. An Articled Clerk is a member of the Honourable Artillery Company, the duties of which require his attendance not less than 24 times in the year, but after 6 o'clock in the evening. He is also liable to be called out to suppress riots, and other extraordinary occasions. Will this membership affect the service under the articles? MILES. [We think not, if the clerk's absence be with the attorney's permission. The Examiners have recently held that service for 21 days in the local militia does not prejudice the clerk.-ED.] SELECTIONS FROM CORRESPONDENCE. INSURANCE AGAINST FIRE. I LATELY sent an agent to effect an insurance against fire in the General Life and Fire Insurance Company, and received an acknowledgment that A. B., having made a proposal which is en ARTICLED CLERKS' QUERIES AND for insuring the sum of £ ANSWERS. tered in the office books, the same is accepted, subject to the printed conditions of the office; and a policy expressive of particulars will be delivered, unless the company shall, by a letter from their secretary, decline the insurance, and in which case the money received will be returned by application at the office. As this appears to be a novel proceeding, I think it right to draw public attention to it, especially as no limit is fixed within which the secretary is empowered to annul the insurance. Possibly some of your subscribers can in Correspondence.-Candidates who passed the Examination. 67 form the Profession whether the same principle attention drawn to the fact, that where it is is acted on in other offices. CHANCERY COSTS. CUI-BONO. Should not a uniformity of practice exist in Chancery charges, where exactly the same trouble is taken, although the suit is commenced by a different form of proceeding. In a claim or summons, the fee allowed as instructions for and entering appearance for nine defendants, would be 11. 1s. On a bill or special case, only 6s. 8d. is allowed. In the latter cases the instructions are generally much more extensive. The Taxing Masters should also have their necessary to copy tables or figures into a brief, it will be generally found, according to present computation, that each will contain about three folios only. The charge of 38. 4d. a sheet in such cases for 10 folios, will often prove a loss to the solicitor. The registrar before he settles the minutes or passes an order, always inquires whether notice has been given to the opposite party, and if not, he requests it may be this sometimes will extend itself to four or five solicitors, and probably at some great distance-still no allowance is made for such notices, now considered absolutely necessary. At Common Law such notices would be allowed. E'C. |