1. The Remedy by Action-when available. 2. The Pleadings in an Action. 3. Proofs adducible at Nisi Prius and their relevancy to particular Pleadings. With his Private Classes the Reader will con sider in detail the Subjects above set forth, using for reference the following Books: Elementary Class.-Broom's Commentaries on the Common Law (last edition); Smith's Leading Cases (last edition); Best on the Principles of the Law of Evidence (fifth edition). Advanced Class.-Bullen and Leake on Pleading, and the Books above-mentioned. The Public Lectures on Constitutional Law and Legal History, at Lincoln's-inn Hall, on Wednesdays, 2 p.m.; the first lecture on 13th November. The Private Classes on Tuesdays, Thursdays, and Saturdays, at 10 a.m.; first class meets on 14th November. The Public Lectures on Equity, at Lincoln's-inn Hall, on Thursdays (Elementary Lecture at 2 p.m.; Advanced Lecture at 3 p.m.) the first lecture on 14th November. The Private Classes on Mondays, 3.45 and 4.30 p.m.; Wednesdays and Fridays, 3.15 and 4.15 p.m.; first class meets on 15th November. The Public Lectures on the Law of Real Property, &c., at Gray's-inn Hall, on Tuesdays (Elementary Lecture at 2 p.m.; Advanced Lecture at 3 p.m.); first lecture on 12th November. The Private Classes on Mondays, Wednesdays, and Fridays, at 11.45 a.m. and 12.45 p.m.; first class meets on 13th November. The Public Lectures on Jurisprudence, Civil, and International Law, at the Middle Temple Hall, on Fridays, 2 p.m.; the first lecture on 8th November. The Private Classes on Tuesdays and Thursdays, at 3.45 p m.; on Saturdays at 2 p.m.; first class meets on 9th November. The Public Lectures on the Common Law, at the Inner Temple Hall, on Mondays (Elementary Lecture at 2 p.m.; Advanced Lecture at 3 p.m.; first lecture on 11th November. The Private Classes on Tuesdays Thursdays, and Saturdays at 11.45 a.m., and 12.45 p.m.; first class meets on 12th November. The Public Lectures on Hindu, Mahommedan Law, and the Laws of India, at the Middle Temple Hall, on Saturdays at 10.45 a.m.; first lecture on 9th November. The Private Classes on Mondays, Wednesdays, and Fridays, at 10 a.m.; first class meets on 11th November. NOTES.-The Educational Term commences on the 1st November, and ends on the 22nd December. The first Public Lecture of this Course will be delivered by the Reader on Jurisprudence, Civil and International Law, on Friday the 8th November, at 2 p.m. The first meeting of each Private Class will take place on the usual morning or evening of meeting after the first Public Lecture on the same subject. Students who have been unable to attend a Lecture or Class of either of the Readers, and desire dispensa tion as a qualification for Call to the Bar, should make application, with an explanation of the cause of such absence, in writing, to the Reader during the course, or immediately after the delivery of the last Public Lecture of the course; and the Reader's report thereon, together with the application, will be forwarded to the Council of Legal Education, who alone have the power of granting dispensation. The Council have resolved that in no case shall students be allowed to change from the Elementary to the Advanced Course of Lectures and Classes, or vice versa, while qualifying for call to the Bar, or for the Examinations on the Subjects of the Lectures. GENERAL EXAMINATION. The Council of Legal Education have approved of the following Rules for the General Examination of the Students. The attention of the students is requested to the following rules of the Inns of Court: As an inducement to students to propose themselves for examination, studentships, and exhibitions shall be founded of fifty guineas per annum each, and twenty-five guineas per annum each respectively, to continue for a period of three years, and one such studentship shall be conferred examination, and one such exhibition shall be conon the most distinguished student at each general ferred on the student who obtains the second position; and further, the examiners shall select and certify the names of three other students who shall have passed the next best examinations; and the Inns of Court to which such student as aforesaid belong may, if desired, dispense with any terms, not exceeding two, that may remain to be kept by such students previously to their being called to the Bar. Provided that the examiners shall not be obliged to confer or grant any studentship, exhibition, or certificate, unless they shall be of opinion that the examination of the students has been such as entitles them thereto. At every call to the Bar those students who have passed a general examination, and either obtained a studentship, an exhibition, or a certificate of honour, at such examination, shall take be called on the same day. rank in seniority over all other students who shall examination will be required to enter his name at the Treasurer's Office of the Inn of Court to which he belongs, on or before Saturday, the 19th October next; and he will further be required to state in writing whether his object in offering himself for examination is to compete for a studentship, exhibition, or other honourable distinction; or whether he is merely desirous of obtaining a certificate preliminary to a call to the Bar. The examination will commence on Wednesday, 30th October next, and will be continued on the Thursday and Friday following. It will take place in the Hall of Lincoln's Inn; and the doors will be closed ten minutes after the time appointed for the commencement of the examination. The examination by printed questions will be conducted in the following order: Wednesday morning, the 30th Oct., at ten, on The oral examination will be conducted in the same order, during the same hours, and on the same subjects, as those already marked out for the examination by printed questions, except that on the afternoon of Friday there will be no oral examination. The oral examination of each student will be conducted apart from the other students; and the character of that examination will vary according as the student is a candidate for honours, the studentship, the exhibition, or desires simply to obtain a certificate of having satisfactorily passed the general examination. The oral examination and printed questions will be founded on the books below mentioned; regard being had, however, to the particular object with a view to which the student presents himself for examination. In determining the question whether a student has passed the examination in such a manner as to entitle him to be called to the Bar, the examiners will principally have regard to the general knowledge of law and jurisprudence which he has displayed. A student may present himself at any number of examinations, until he shall have obtained a certificate. No student shall be eligible to be called to the Bar who shall not have attended during one whole year the lectures and private classes of two of the readers, or have been a pupil during one whole year, or periods equal to one whole year, in the chambers of some barrister, certified special pleader, conveyancer, or draftsman in equity, or two or more of such persons, or have satisfactorily passed a general examination. Provided that Any student who shall obtain a certificate may students admitted before the first day of Hilary present himself a second time for examination as Term 1864, shall have the option of qualifying a candidate for the studentship or exhibition, but themselves to be called to the Bar, either under only at the general examination immediately sucthe Rules of the Inns of Court of Hilary Term, ceeding that at which he shall have obtained such 1852, or under these regulations. certificate; provided, that if any student so preThat not more than four terms under any cir-senting himself shall not succeed in obtaining the cumstances be dispensed with in favour of students studentship of exhibition, his name shall not coming from India, or the colonies, with a view to appear on the list. return to residence there, and that it is not expedient to dispense with any terms for such students except on the following conditions, viz. : 1. That students from India do satisfactorily pass an examination in Hindu Mahommedan law, the Indian penal code, the code of criminal procedure, the code of civil procedure, the Indian Succession Act, and in such other codes and Acts as may from time to time become law in British India; and, in addition to such examination, do pass such examinations, and abide by all such rules and regulations as are now in force for students seeking a pass certificate, by examination, for call to the Bar. 2. That students from the colonies do pass such an examination as is required, and do abide by alll such rules and regulations as are now in force, in order to obtain a certificate of honour. 3. Provided that each of the four Inns of Court be at liberty to dispense with the above conditions in such very special circumstances as they may think fit, and that such circumstances be stated in the certificate of call to the Bar given to every such student. The benchers of each Inn, subject to the foregoing limitations, being guided, in the dispensation of terms, by the circumstances of each particular case. Rules for the Examination of Candidates for Honours or Certificates, entitling Students to be called to the Bar. An examination will be held in next Michaelmas Term, to which a student of any of the Inns of Court, who is desirous of becoming a candidate for a studentship, an exhibition, or honours, or of obtaining a certificate of fitness for being called to the Bar, will be admissible. Each Student proposing to submit himself for Students who have kept more than eleven terms shall not be admitted to an examinption for the studentship. The Reader on Constitutional Law and Legal History proposes to examine on the following books and subjects: 1. Hallam's History of the Middle Ages, chap. 8. 2. Hallam's Constitutional History. 3. Broom's Constitutional Law. 4. The concluding chapter of Blackstone on The Progress of the Laws of England. 5. The principal state trials of the Stuart Period. Candidates for the studentship, exhibition, or honours will be examined in all the above books and subjects. Candidates for a pass certificate will be examined in 1 and 3 only, or 2 and 3 only, at their option. The Reader on Equity proposes to examine in the following books: 1. Haynes's Outlines of Equity, Smith's Manual of Equity Jurisprudence, Snell's Principles of Equity, or Goldsmith's Doctrine and Practice of Equity; Hunter's Elementary View of the Proceedings in a Suit in Equity, part 1 (last edit.). 2. The Cases and Notes contained in the first volume of White and Tudor's Leading Cases. The Act to explain the Operation of an Act passed in the 17th & 18th years of Her present Majesty, c. 113, intituled, An Act to Amend the Law relating to the Administration of Deceased Persons (30 & 31 Vict. c. 69). The Act to remove doubts as to the Power of Trustees, Executors, and Administrators to invest Trust Funds in certain Securities, and to declare and amend the Law relating to such Investments (30 & 31 Vict. c. 132). The Act to amend the Law relating to Sales of Reversions, (31 & 32 Vict. c. 4). The Act to Abolish the Distinction as to Priority of Payment which now exists between the Specialty and Simple Contract Debts of Deceased Persons (32 & 33 Vict., c. 46) and the Married Women's Property Act, 1870, (33 & 34 Vict., c. 93). Candidates for certificates of having passed a satisfactory examination will be expected to be well acquainted with the books mentioned in the first of the above classes. Candidates for the studenship, exhibition, or honours will be examined in all the books mentioned in the two classes. The Reader on the Law of Real Property, &c., proposes to examine in the following books and subjects: 1. Joshua Reynolds on the Law of Real Property. (Eighth edit.) 2. Trust and Mortgage Estates, when comprised in a general devise. Lord Braybroke v. Inskip (8 Ves. 417), and the notes to that case in Tudor's Leading Cases on Real Property and Conveyancing, pp. 876-899. (Second edit.) 3. The 8 & 9 Vict. c. 106, and the Notes to that Act, in Shelford's Real Property Statutes, pp. 618-127. (Seventh edit.) 4. Copyhold Surrenders Scriven on Copyhold Tenure, by Stalman, pp and Admittances; 101-151, and 190-215. (Fifth edit.) 5. Preparation of the Conveyance, Dart's Vendors and Purchasers, vol. 1, pp. 460–520. (Fourth edit.) Candidates for the Studentship, Exhibition, or Honours, will be examined in all the above-mentioned books and subjects; Candidates for a pass certificate, in those under heads 1, 2, and 3. The Reader on Jurisprudence, Civil and International Law, proposes to examine in the followring books and subjects: 1. Justinian's Institutes. With Notes by Sanders. Book 1. 2. Demangeat. Cours Elémentaire de Droit Romain. Tome Premier, Livre Premier. Personnes. Des 3. Austin's Lectures on Jurisprudence, by Campbell. Lecture 1, and Lectures 35 to 39 inclusive. 4. Code Civil. Arts. 144 to 515. 5. Wheaton's Elements of International Law. Edited by Dana. Part 1. Definition, Sources, and Subjects of International Law. 6. Sir Robert Phillimore's Commentaries on International Law. (Second edit.) Vol. 1, Prefaces, and Part 1. Candidates for the studentship, exhibition, or honours will be examined in all the above subjects; but candidates for a pass certificate in 1, 3, and 5 only. The Reader on Common Law proposes to examine 1. The Ordinary Steps and Course of Pleading in an action. 2. The Parties to Contracts; Smith's Lectures on Contracts (last edit.), chaps. 8 and 9 (omitting those portions which concern Joint Stock Companies). 3. The Actions of Trespass, Trover, and on the Case, so far as regards the nature of the Action, the Pleadings in it, and the Evidence requisite to support it (See Selwyn's Nisi Prius, last edit., under the respective titles). 4. The Law as to Homicide, felonious or dispunishable, Simple Larceny, and Cheating (see Archbold's Criminal Pleading, seventeenth edit., under the appropriate heads). Candidates for the studentship, exhibition, or honours, will be examined in the above subjects, and also in 5. The Law as to Principal and Agent and Partners; Smith's Mercantile Law, last edit. by Dowdeswell (omitting those portions which concern equitable doctrines and decisions), Book 1, chaps. 2 and 4. 6. The Law of Bills of Exchange and Bankers' Cheques, so far as treated in Byles on Bills and Notes (last edit.), chap. 3 as to Cheques, and chaps. 8 and 11 so far as concerns Bills of Exchange. 7. Best on the Principles of the Law of Evidence fifth edit.), Book 2, part 1, chap. 2; and part 2, chap. 1, Instruments of Evidence. By order of the Council, S. H. WALPOLE, Chairman, pro. tem. Council Chamber, Lincoln's-inn, 13th July, 1872. EXAMINATIONS AT THE INCORPORATED At the Examination of Candidates for Admission on the Roll of Attorneys and Solicitors of the Superior Courts, the Examiners recommended the following gentlemen, under the age of 26, as being entitled to honorary distinction: 1. Ernest Augustus Smith, who served his Clerkship to Messrs. E. and F. Bannister and Fache, of London. 2. James Loye, who served his Clerkship to Messrs. Rooker, Matthews, and Shelly, of Ply mouth; and Messrs. Vizard, Crowder, and Anstie, of London. 3. Henry Lewis Arnold, who served his Clerkship to Mr. Albert Engel, and Mr. Alfred Hicks, of London. 4. Samuel Jeffery M'Kee, who served his Clerkship to Mr. Henry Morris, of Shrewsbury; and Mr. Joseph Needham, of London. 5. Tobias Harry Tilly, who served his Clerkship to Messrs. Tilly and Co., of Falmouth. 6. William Webb, who served his Clerkship to 7. Charles Frederick Deacon, who served his The Council of the Incorporated Law Society To Mr. Smith, the Prize of the Honourable Tilly, Mr. Webb, and Mr. Deacon, Prizes of the The Examiners also certify that the following John William Archibald Calkin, who served Mark Davis, who served his Clerkship to Mr George Garratt, who served his articles of Henry Hughes, who served his Clerkship to Gwilym Christor James, who served his Clerk- John Reginald Symonds, who served his Clerkship to Mr. James Frederick Symonds, of Hereford, and Mr. Benjamin Hunt, of London. The Council have accordingly awarded them certificates of merit. The Examiners have further announced to the William Richard Francis. The number of candidates examined in this Term E. W. WILLIAMSON, Secretary. THE LAW SOCIETY OF THE UNITED INTERMEDIATE EXAMINATION, 1873. the exception, in chap. 3 of sect. 1, relating to Williams on the Principles of the Law of Real J. W. Smith's Manual of Equity Jurisprudence, Mercantile Book-keeping.-The Examiners deal with this subject generally, and do not in their questions confine themselves to any particular system. Candidates are required by the Judges' orders to give to the Incorporated Law Society one calendar month's notice(a) before the commencement of the Term in which they desire to be examined. Candidates are also required to leave their articles of clerkship and assignments (if any), duly stamped and registered, seven clear days before the commencement of such Term, together with answers to the questions as to due service and conduct up to that time. [AUG. 10, 1872. Candidates may be examined either in the Term in which one-half of their term of service will expire, or in one of the two terms next before, or one of the two Terms next after one-half of the term of service under their articles. The Examinations are held in the Hall of the HINDU, MAHOMMEDAN, AND INDIAN LAW. The Council of Legal Education have approved of the following Rules for the Examination of the Students proposing to be called to the Bar with a view to residence in India or the Colonies. The attention of the students is requested to the following rules of the Inns of Court: "That not more than four terms under any circumstances be dispensed with in favour of students coming from India, or the Colonies, with a view to return to residence there, and that it is not expedient to dispense with any terms for viz. such students except on the following conditions, "1. That students from India do satis. factorily pass an examination in Hindu and Mahommedan Law, the Indian Penal Code, the Code of Criminal Procedure, the Code of Civil Procedure, the Indian Succession Act, and in such other Codes and Acts as may from time to time become law, in British India; and, in addition to such examination, do pass such examinations, and abide by all such rules and regulations as are now in force for students seeking a pass certificate, by examination for Call to the Bar. "2. That students from the Colonies do pass such an examination as is required, and do abide by all such rules and regulations as are now in force, in order to obtain a certificate of honour. "3. Provided that each of the four Inns of Court be at liberty to dispense with the above conditions in such very special circumstances as they may think fit, and that such circumstances be stated in the certificate of Call to the Bar given to every such student. The Benchers of each Inn, subject to the foregoing limita tions, being guided, in the dispensation of terms, by the circumstances of each particular case." Rules for the Examination of the Candidates:An examination will be held in next Michaelmas Term, to which a student of any of the Inns of Court will be admissible. Each student proposing to submit himself for at the Treasurer's office of the Inn of Court to examination will be required to enter his name which he belongs on or before Saturday, the 19th day of October next. The examination will commence on Monday the 28th Oct. next, and will be continued on the Tuesday following. It will take place in the Hall of Lincoln's-inn, and the doors will be closed ten minutes after the time appointed for the commencement of the examination. The examination will be conducted in the following order: Monday morning, the 28th Oct., at ten o'clok, conducted in the forenoon of Monday the 28th conducted apart from the other students. The oral examination of each student will be Recent Treatises on the Law of Inheritance. Titles "Adoption," "Partition." Dhurm Dass Pandy v. Mussumat Shama Soondri (3 Moore's In. Ap. 229), Rungama v. Atchama (4 ib. 1), Abraham v. Abraham (9 ib. 195.) Menu's Institutes, ch. ix. II. Mahommedan Law- III. Laws in Force in British India- The Criminal Procedure Code of 1872. Civil Procedure Code, ch. iii. counsel for the nation at Geneva, and he could The Indian Succession Act, ch. xiii. to have felt to withdraw from public life, he would The Law of Evidence Act 1872. By order of the Council, S. H. WALPOLE, Chairman, pro tem. Council Chamber, Lincoln's Inn, 13th July, 1872. LEGAL NEWS. LORD HATHERLEY.-The public will learn with satisfaction that the statement published by a contemporary yesterday that Lord Hatherley had placed his resignation of the Great Seal in the hands of Mr. Gladstone is absolutely inaccurate. We must add our expression of regret that the announcement should have been made with an appearance of certainty when it, in fact, rested on no better foundation than that of probability. The rumour that the Lord Chancellor was about to retire had been whispered about for a fortnight, and it seems to have occurred to some one that at the close of the session the step which had been thus talked about must be taken. Nothing, it was argued, was more likely, and what is most likely to happen may be safely assumed to be a fact. The infirm eyesight of the Lord Chancellor was evidently regarded as sufficient to justify an announcement of his retirement, even though it should prove to be premature. It is, however, overlooked that these unauthorised statements his place the personage respecting whom they are made in a false and disagreeable position. The Lord Chancellor is too strong in own integrity to be made uneasy by a baseless paragraph; but there are many men who would at once take to questioning themselves whether a public statement that they were about to retire from public life because of failing eyesight did not infer an opinion that the time had come when it is no longer proper for them to hold office. The Lord Chancellor will not be disturbed by any such reflection; but the circumstance that made it possible is not the less to be deprecated. We have all seen with regret that Lord Hatherley has been once and again troubled this session by the difficulty of reading letters and papers which it was his duty to communicate to the House of Lords; but his infirmity has not perceptibly increased, if it has not in some measure diminished, and there is no reason why he should withdraw from the great office he worthily fills at the commencement of the Long Vacation. The duties of the Lord Chancellor between this time and the commencement of Michaelmas Term in November are not heavy. There will be no Cabinet Councils in the interval, unless something happens altogether unforeseen. His judicial functions will remain absolutely in abeyance. The most important duties he can have to discharge consist of appointments to legal offices and to Crown livings which may be. come vacant, and cares like these cannot be deemed an undue tax upon the Lord Chancellor's physical powers. We must guard ourselves against being supposed to imply that Lord Hatherley would desire to cling to the honour and dignity of the Chancellorship during the Long Vacation if he felt that at its close he must resign the Great Seal. We are quite convinced that, under such circumstances, his first impulse would be to retire immediately from his post; but there are conjunctures when public men recognise the duty of sacrificing their private feelings to the good of the country, and if Lord Hatherley contemplated resignation at this time, he would, however reluctantly, acquiesce in the propriety of delaying the step. There can be no question that if the Lord Chancellor definitively retired, Sir Roundell Palmer would be invited to succeed him on the woolsack. It will be remembered that Lord Hatherley pressed Sir Roundell Palmer to accept the Great Seal when he himself received it from the Sovereign nearly four years ago. The scruples of Sir Roundell Palmer with reference to the Irish Church Bill prevented him from joining the ministry, and he renounced for the time the appropriate crown of his career in the Court of Chancery and the House of Commons. The Irish Church Act is now an affair of the past, and, as on every other point there is absolute agreement between Mr. Gladstone and himself, Sir Roundell Palmer could have no hesitation in becoming Chancellor if that great office were again proposed to him. At present, however, he is occupied as put some constraint on his private desires con- demanding criticism, and even censure, but the The Bill which the Lord be the closing thought of those who have to bid him farewell. His nature is perhaps a little too finely grained for the rough political arena, but those who recognise its defects in the work-a-day world will join in admiring its winning, unconscious grace.-Times. CORRESPONDENCE OF THE PROFESSION. NOTE. This Department of the LAW TIMES being open to free discussion on all professional topics, the Editor is not responsible for any opinions or stateinents contained in it. A CASE OF DISTRESS.-May I ask the assistance of your readers for a deplorable case of destitution of a member of the legal Profession. The gentleman of whom I write, who is a man of great ability, possessing remarkable elocutionary powers and good legal knowledge, has been sinking for years into abject poverty, and is now the inmate of a workhouse. He had of course been unable to renew his certificate for some years, and was consequently debarred from recovering himself by his own profession. He has been very ill, and has for long lost heart and energy. It would be idle to conceal the fact that latterly he had become dissipated, but it is believed that could he obtain a fair chance of a clerkship, or of proceeding to one of our colonies, where his abilities could have fair play, and where his old associations would not distress him, he would yet do well. He is a widower with two children, but his relations have taken them under their care. They are unable however to do any further, having large families of their own and but slender incomes. I have concealed the name of the person from feelings of delicacy, but it is sent to the editor herewith, and I shall be happy to give, through him, any informawhich may be required. A small sum, merely say £50 or 60 would relieve the person from his present degrading position, and obtain for him an outfit, and enable him to live till such time as he can obtain a situation in his own profession or in business. I should add that I do not think anyone will accuse him of having acted in anyway other than honourably and uprightly when he was in practice. His poverty has been brought about by circumstances over which he could scarcely have any control. A LAWYER. P.S. I have no doubt that the editor will kindly receive any sums that may be forwarded to him, and I will see that they are properly applied. 66 LIQUIDATION UNDER BANKRUPTCY ACT 1869. We beg to enclose you a circular which has fallen into our hands through a creditor of the debtor's referred to in the circular. Your columns have always been open to expose the irregularities" of the Profession, and we don't know a better deterrent than the exposé which you from time to time give of those cases brought to your knowledge. The object of the circular is obvious. It is to obtain power over estates, and to procure costs in every case in which they can get themselves thrust in. A solicitor who obtains business in a fair and legitimate way, by such conduct as this has it taken out of his hands by the proxy powers obtained through creditors believing that the firm alluded to have large interests committed to their care. The only suspicious thing about the circular is that the firm offer to represent you at the meeting, which we will do without expense." If creditors were not 33, Moseley-street, Newcastle-upon-Tyne, Chancellor introduced at the beginning of this HOYLE, SHIPLEY, and HOYLE. NOTES AND QUERIES ON N.B.-None are inserted unless the name and address of the Queries. 62. PROOF IN BANKRUPTCY.-A. mortgaged to B. freehold and leasehold properties which are subject to ground rents, and covenanted to pay the ground rents and to insure the buildings upon the properties against loss or damage by fire. On the 5th Sept. 1870, A. was 31st discharge. B. entered into possession of the mortgaged | PROMOTIONS & APPOINTMENTS | Counsel occupying the chair next year. I hope properties, which are an insufficient security for his mortgage debt, and has paid out of his own pocket MR. WILLIAM HENRY OLIVER, of No. 64, insurance premiums and ground rents for the last two years. A question arises whether upon the Lincoln's-inn-fields, has been appointed a London section of the Bankruptcy Act 1869, B. could prove Commissioner to administer Oaths in Chancery. in respect of A's liability upon his covenants, or MR. CHARLES FORD, of Howard-chambers, whether B.'s claim being in the nature of unliquidated Howard-street, Strand, London, has been ap. damages, A. will not continue responsible notwith-pointed by Sir Robert Phillimore a Commissioner standing his bankruptcy? SIGMA. 63. DESCENT.-John purchased a fee simple, which, by his intestacy, descended to his only son, Paul (by his second wife), who died intestate and without issue, also seised of a distinct estate, acquired by his own enclosure. John had, by each of his two wives, several daughters, all deceased after their father, but some before Paul, leaving issue, except one, who remained a spinster. He also left an only brother, now likewise dead. To whom do the respective properties descend, and upon what rules? A GLOUCESTERSHIRE STUDENT. 64. ARTICLED CLERK. An articled clerk in the country particularly wishes to spend the last twelve months of his articles in London with agents. Can the principal refuse to allow his clerk to do so? if he can, is it not a very reasonable request for a country articled clerk to make, and is not such consent usually given? Replies will oblige. J. W. B. 65. CONVEYANCING.-Does a conveyance by a mortgagor and mortgagee in fee, part of the purchase money being paid to the mortgagee in satisfaction of his debt, require any other, and what stamp besides the ad valorem stamp upon the full amount of the pnrchase money? LEX. Answers. (Q. 56). BANKRUPTCY ACT 1869.-The words" salary" and income" in sect. 90 of the Bankruptcy Act 1869, appear to be sufficiently comprehensive to include the case of a bankrupt who is in receipt of weekly wages. If "B." can show to the court that the bankrupt is permanently in receipt of more than is sufficient to satisfy his reasonable requirements, and that it will be just to the bankrupt and to his past and future creditors, that an order should be made directing the bankrupt to pay the surplus, or a part thereof, to the trustee, it is very probable that such an order will be made. Rule 182 of the 1870 rules provides that the bankrupt may apply for a variation of the order upon a change of circumstances. C. L. C. (Q. 57.) APPROPRIATION OF CREST, &c.-It is stated in the Law Digest, vol. 1, p. 295, that a manufacturer can invoke aid from the equity courts, to prevent any one from using his trade mark or any similar mark so as to induce purchasers to believe it to be original, Lord Kingsdown stated, Law Digest vol. 5, p. 836, "a trader may mark his manufacture by his name or by using any symbol or emblem," so as to prevent another trader from adopting a similar stamp. In Seixo v. Provezende (14 L. T. Rep. N. S. 314, Ch. on appeal), it was decided, that when a word, although a common appellative, has been appropriated by a trader to designate a particular manufacture, it may become a trade mark and be entitled to protection as such. A coat of arms or crest, introduced as a mark of identity about the time of King Richard the First, was under the jurisdiction of the Court Military (see Stat. 13 Ric. 2 c. 2.) according to Sir Matthew Hale, quoted by Sir W. Blackstone, Book 3. Ch. 7, and this court decided questions of encroachment, &c. As armorial bearings are now liable to duty and the stamp is specified in the schedule to 33 & 34 Vict. c. 97, upon the granting of the same, which are duly enrolled at the Herald's Office, it seems that these insiguia are property, and that a court of equity would interfere by injunction as in the case of infringement of a patent or imitation of a trade mark; but, it might be necessary to prove the title, as many crests are assumed without licence or authority, and it is impossible to prove a title in such cases by grant or otherwise. See Lower's "Heraldry," as to Courts Military &c. and the attempt to revive their obsolete jurisdiction. C. C. (Q. 60.) MORTGAGE. The receipt by the mortgagee of interest accrued due after the expiration of the notice requiring payment of the principal money due to him is not a waiver of the notice by him. In the case of Langridge v. Payne (7 L. T. Rep. N. S. 23), it was held that the receipt of interest by the mortgagee was a waiver of the default by the mortgagor to pay interest. In that case there was an agreement to lend the money for a specified time upon certain conditions, one of which was the due payment of the interest. Default having been made in its payment within the two years, the mortgagee gave notice requiring payment of the principal money. The mortgagee by accepting the interest waived the right of calling in the money before the expiration of the two years. In the case mentioned by "W. J. W." no arrangements were made between the mortgagee and mortgagor, which would be suff. cient to bring it within the case of Langridge v. Panne. C. L. C. to administer Oaths in the High Court of Admiralty. LAW SOCIETIES. LAW ASSOCIATION. THE usual monthly meeting of the board of directors of this association was held at the Law Institution, Chancery-lane, on Thursday last, the 1st instant, Mr. Steward in the chair. The other directors present were Messrs. Burges, Carpenter, Sidney Smith, Thomas, and Boodle (secretary). A grant was made to the widow of a late member, and the ordinary business of the association was transacted. SOLICITORS' BENEVOLENT ASSOCIATION. THE usual monthly meeting of the board of directors of this Association was held at the Law Institution, Chancery-lane, London, on Wednesday last, the 7th inst., Mr. John Smale Torr in the chair. The other directors present were, Messrs. Brook, Carter, Hedger, Rickman, and Smith, Mr. Eiffe, secretary. A sum of £30 was granted to a necessitous member, and a sum of £40 distributed in smaller grants of assistance among eight families of deceased non-members. members were admitted to the association, and other general business transacted. TION. Ten new LAW WRITERS' PROVIDENT INSTITU. THE annual dinner of this society was held at the Freemasons' Tavern, on Wednesday, July 17, John M. Clabon, Esq., in the chair. 66 you may have him, and then, perhaps, you may get a Vice-Chancellor, and I cannot help seeing that my old friend Vice-Chancellor Wickens is on your list to-day. (Applause.) Then, perhaps, you will be getting a Lord Chancellor, and you will see all the branches of the Profession supporting and helping each other. We have our society, the law clerks have their society-the barristers have not their society, it is true, but they form a society of themselves-and it is most right and proper that you should have your society. It is a great gratification and pleasure to me to come amongst you and see that this institution is likely to prosper. but it must be that some of you will; and when I hope few of you will require its aid in sickness, Mr. Terry tells me that he estimates the law writers in the metropolis at something like 1000 in number, and I find you have only 200 enrolled, I think there is room for improvement in that respect, and I hope your members will increase until this becomes a prosperous and great society. The only thing I regret is, that I do not see more of my brethren in my own profession among you to-night; but I will tell you this, that when you hear your secretary read the list to-night (I wish it were more in money), you will find that there is a good deal of good feeling and sympathy among the members of my branch of the Profession. can assure you that we solicitors feel very much indebted to you law writers: we feel that we have to depend upon you very often for what much concerns ourselves, and we always find very great punctuality, accuracy, and beautiful penmanship, for a great deal of which we get the credit. I therefore have great pleasure in proposing to you the toast of "Prosperity to the Law Writers' Institution." The President (Mr. J. S. Phillips), in proposing the next toast, "The health of the Chairman," said :-It gives me very great pleasure to rise to propose this toast, and I am quite sure it will give you equal pleasure to respond to it. It is After the usual loyal and patriotic toasts, always an agreeable thing to find that our patrons The Chairman gave Prosperity to the Law by whom we are employed mix with us, and join Writers' Provident Institution." He said: "I with us in our festive meetings. On every occa will not say I take shame to myself for not having sion we have found that our present chairman, known until the last two or three days of the who, as you know, is connected with the profes existence of this institution, because I think the sion with which we have all something to do, has fault is rather with yourselves, that you have not taken the greatest possible pains to further the disseminated its fame more widely. Now, provi- prosperity of this institution. The report which dent institutions must necessarily be good things the secretary has read is one which must give us if they are only well managed. I live in the great pleasure, inasmuch as we see that our country, and I know that our institutions there worthy chairman has not only told us of his good are not well managed, and we are looking forward feeling in respect to us, but has shown us by his to the time when the Government shall undertake act that he really takes an interest in our institu the management of them all, and be really respon- tion. He has not only brought together a great sible for them. You, I believe, are acting on the number of the first men in the Profession to join highest possible principles, with the approval of us as honorary members of the institution (by the proper officer, and with your funds invested, donations of five guineas), but also many annual which your auditors take care to see are in subscribers. Now that is a very important fact, the Bank of England standing to your credit. and we cannot over-estimate it, I am sure we Therefore you cannot come to grief very well, shall all feel that Mr. Clabon, as our present I think. Now it occurs to me to say a few chairman, has done the utmost in his power to things in proposing this toast. I notice, first, promote the welfare of the institution. I can that a great number of the members of speak most feelingly in the matter, because he has, this institution may say, "I get no benefit in private conversation with me, stated that from it, and am not likely to get any for which he has now expressed publicly, that he feels a great many years." But I would ask those this Institution ought to be supported by the Promembers to ask themselves whether they do not fession at large. I must say I have long looked get great peace of mind from the knowledge that forward to the time when it would receive such when sickness comes they will get their regular support, and I feel very grateful in finding that weekly allowance, and that when superannuation it is now about to receive that which it has long or death comes their family will be provided for? deserved from the legal Profession. Mr. Clabon Then a friend of the institution may say, "I find has referred to a remark which was made at a you are [not] a self-supporting institution." former dinner, that we might get a Queen's Well, but," I reply to him, "there is a surplus, Counsel or a Judge, or one of the Lords Justices to and without that the thing could not exist." All preside at our annual meeting. Now, according to my view, that is not so remote a contingency as young societies must have a surplus, and you are now accumulating a reserve fund which the present some might imagine. I trust it will come to pass, members will rely upon hereafter; and if you do and I trust I shall live to see it (loud applause)not accumulate a large fund now, I should say at although an old man. As you know perfectly once that you are resting upon a very unsafe well, I have now for the last thirty years and basis indeed. But the fact that you have a fund upwards been connected with this institutionwhich is an accumulating fund, shows me that ever since its birth, I may say; and it would be a you are going upon a right principle. Well, it most happy thing for me to see a gentleman in a being true, then, as to provident institutions, that high legal position-I do not mean for one moment they are safe and grand things, I humbly think by that to derogate from the position of our chairthat the law writers require peculiarly a provident man, because he holds the highest in his branch institution for themselves, because I am afraid of the Profession-but it would be, I think, still that law writers do not earn as much as they more flattering to us to see one of the judges of deserve, and I am afraid their earnings are not the land take the chair on such an occasion as equally distributed throughout the whole year, this; and I am bound to say that it is not one of and I am afraid the occupation is not so healthful those contingencies too remote for us to indulge as one could desire. Therefore, it seems to me in. Gentlemen, I will not run away from the that an institution of this description is peculiarly obiect which I had in view in rising, namely, to required for an occupation of this sort, and calls propose to you the health of our present chairman. for the support of all connected with the Profes- I do hope he will continue to enjoy the respect and sion. Of course you support it principally your-esteem of his friends in the Profession, and that selves, and that leads me to the thought that we also shall have many opportunities of seeing it is very desirable and very valuable that him among us. (Loud applause.) there should be an intercommunion between The Chairman, in acknowledging the compli all branches of our profession. It is a great ment, said he had come very cordially and with pleasure to see that the Lord Chancellor the greatest pleasure to preside at the dinner, and has enrolled his name among your subscribers. he hoped that whenever they did have a Queen's (Loud applause.) I think I saw in one of the Counsel or a Judge to take the chair, they would speeches delivered last year (but you will not, I ask him to be one of the guests-(loud applause) hope, report mine, or put it in print, Mr. Secretary) that you were looking forward to a Queen's but in any event he hoped to have the pleasure of meeting the members of the institution on many future occasions. He would now ask them to excuse him if he vacated the chair in favour of their president, a pressing domestic engagement rendering it necessary for him to catch a train. The President took the chair. Mr. B. E. Thompson gave the next toast. He said-Mr. Chairman and Gentlemen: I have been requested to propose to you the next toast; and in doing so I am sure, when I consider the subject of it, I greatly regret that it has not fallen into worthier hands. But I am consoled by this reflection that "good wine needs no bush ;" and when you hear the subject of the toast, which is, "The worthy President of this Institution "-applauseit is only necessary to name its name, and it wants no further remarks of mine to commend itself to your approbation. But I must say this, gentlemen, that those of you who know Mr. Phillips (and I think we all do, more or less) esteem him and respect him as we know he deserves. He has just told you that he has watched over this institution from its very cradle, I think it is thirty years ago when it was first founded-in the year 1842. At that time he gave it his best attention, and ever since that time the interest which he has taken in its affairs has rather increased than diminished. (Applause.) Of that, gentlemen, I need only say that you have had a substantial proof to-night in the list of subscriptions which has been read. But I am certain that, if in the future we have the pleasure and the privilege to see presiding over us one of the high legal functionaries of the land, we cannot see in that chair a worthier man than the gentleman who now fills it; and I know I am only giving expression to your feelings when I say that if we do live to see that day, we sincerely hope Mr. Phillips may be here to share the pleasure with us. Gentlemen, I have much pleasure in giving you "The Health of our worthy President." (Loud applause.) The toast having been drunk with the usual honours, The President replied in the following terms :Gentlemen, I have received so many marks of your esteem that really I feel some little difficulty in responding to the very cordial manner in which Mr. Thompson has proposed this toast, and in which you have been pleased to accept it. I can only say, referring to the early days of this institution, when, as Mr. Thompson has said, it was in its cradle-namely, in the year 1842-I had some little misgivings, although I never displayed them, or spoke of them, or showed them in any way. I was told by my friends that it was all a chimera; that the thing could not be carried out; that I might be able to keep it going for four or five years, but that it was really and truly ephemeral. I never thought so, and now what do I see before me? Why, a well-founded institution -an institution which would do credit to any society; an institution which is likely to provide, I may say, for the century, for there is no reason why it should not. Many a corporation in the City of London has been founded on a much less substantial basis than this; and, such being the case, who knows that this may not at no very distant period obtain incorporation-(cheers)have a common seal, and be on an equality with the rest of the City companies? (Loud applause.) I can assure you I am not romancing, and am merely speaking the sober sentiments of my mind, when I say that such may be the case, and such, I trust, will be the case. (Applause.) But then the institution must be carried on and conducted and still maintained in the manner in which it has been hitherto. As I said before, there was a doubt at first whether it would survive its youth, and now it has pushed forward into the full vigour of manhood, and is likely to retain its position. It has been even suggested by our worthy Chairman-who, I am sorry to say, has been obliged to leave so soon, but it was by a domestic arrangement which he could not break-it has been suggested by him that there is no reason in the world why this institution should number, not 180 members, but 400, or 500, or 600. I say it is not at all unlikely, and although, being an old man, it is not at all probable I shall live to see it myself, yet many of you present may live to see it. I can only say, with regard to the toast, and the kind manner in which you have received it, I feel very much indebted to you, and very grateful I am to have this opportunity of responding to it. I thank you very heartily and sincerely for the honour you have done me, and I trust that may for some few years live to meet you in even a more prosperous position than you are at present. (Loud applause.) The Chairman: It is now my pleasing duty to give you the "Treasurer and the rest of the Honorary Officers." I have known your treasurer from boyhood, and there is only a difference of one year, I believe, in our ages. I am sorry he is not here to-night, but he is very well and ably represented by his son, Mr. George Abram. He is a gentleman in whom we can place implicit confidence, as we all know, and nothing can be more gratifying than to find such a man treasurer of our society. Associated with his name I find the rest of the Honorary Officers, which, I believe, only includes the Medical Officer. I shall therefore call upon my friend on the left, Mr George Abram, who so well represents his father, to respond to this toast. | 1861 were £166, while in 1871 our expenses were £458; so that if we have gained an increase in our members, we have also doubled our capital, and if we have doubled our expenses, we have more than doubled our receipts. Therefore, I think, we have every reason to look forward with hope to the future. And now let me say a few The last two years words about the present. have been exceptional years-I may almost say the last three years. But in the last year our receipts from all sources amounted to £699, our payments amounted to £415, leaving a clear balance to the good, after paying a sum of £241, to add to our capital. I should tell you that the year 1870 was an exceptionally good one, as far as sickness went, and our balance to the good then was £277. Therefore, gentlemen, looking to the present, again I say I do not think we have any reason to be discouraged. I will now say a few words about the future, and here I do not adopt the words of Horace, Mr. George Abram, in acknowledging the compliment, said: Mr. Chairman and Gentlemen, in rising to thank you for the very kind way in which you have drunk the health of the treasurer and honorary officers of the institution, permit me, in the first place, to express very great regret on the part of my father that he is unable to be present on this occasion. I can assure you it is nothing but failing health that has prevented him from being here. The interest he takes in the society is as great as it was when he first joined it, together with our president, and I can assure you, on behalf of ourselves and the other honorary officers of the society, we consider it a privilege as well as a pleasure to belong to it, and to work for it, and we trust we may all be spared many years to Quid sic futurum. . . . meet you on occasions like this. And now, as but invite you boldly to launch forward and be locum tenens of the office of treasurer, I would ask as confident in the future as you have been sucyour attention for a few moments; and in doing cessful in the past. It is true, gentlemen, that so, I will request you to bear in mind one fact, our expenses are very much increased; but you that, quoting the figures which I am about to will not be surprised at that when I tell you that quote, I am dealing not with the annual account, during the last half-year (the accounts of which but with the ordinary accounts, which are issued have not yet been audited, but will shortly be every January and July; therefore I shall deal audited) our expenses for sickness have been far with them as current yearly accounts, and not in excess of anything we have ever had yet, and with the account published every September. have amounted to between £170 and £180. We There is a little inconvenience in having a double have had two deaths-a member and a member's set of accounts, and I do hope and trust that on wife-which have also absorbed £70; and when I a future occasion we shall find that that is done tell you that those expenses have been nearly away with. As matters now stand, the accounts £300, I have also to tell you that, apart from are audited in January and July, and again there other considerations, the receipts for the present are accounts published which in no way corre- half-year have almost balanced even those heavy spond with the totals of those accounts in Septem-claims. In the coming half-year we shall not ber. You have heard again and again that this only have the heavy amount of subscriptions society was instituted in the year 1842; it is which have just been announced, but also sundry therefore exactly thirty years old, and if thirty receipts not included in the first half year, but years may be taken as a generation, we have lived which come into the next half-year; and I think through a generation. Therefore, judging by the we have at the present moment dependent on the last thirty years, it ought to give us some idea of fund one wife and one member, whose death we what our institution really is. Now, gentlemen, must look forward to, although we hope it may be during the last thirty years we have received no averted. But still we must face the thing boldly. less a sum than £8342 from all sources. Of this Our expenses have been very great in the past sum £5366 has been received from the subscrip- two years; but I maintain that the fact of those tions of benefit members. The sum of £1381 has expenses having increased in the proportion in been received in donations and subscriptions of which they have is a great proof to you of the honorary members, and the sum of £1595 has stability of our concern. Besides that, it is a been received from interest accruing upon the proof of the necessity of the great object for subscriptions of the benefit members, and upon which we were founded. We were not founded the donations, making a total of £8342. Now merely as an ornamental society, just to meet what I want to show you is this, that, valuable as together in order that we might inform you, year these donations and subscriptions are, the society after year, that we have so much to the good, but during the last thirty years has been in a perfectly we were established for work, and the more we solvent state, and has actually had, independent have to pay the more it is proved that the Society of the interest which has accrued from those is doing its work. (Applause.) And when I see subscriptions, a balance of over £400. It is a we are making fresh efforts, as we are doing now somewhat peculiar circumstance that, whereas we by means of our late and present indefatigable have been in existence thirty years, we have only Secretaries to raise fresh funds, I say that we can had to pay for thirty deaths, and of those twenty- afford to have our payments heavier even than three have been members, and seven have been they are now. Therefore, I think, we have every widows or wives of members. To them we have reason to be hopeful for the future, provided two paid a sum of £1110. For cases of sickness we things are done. One of those things depends have paid £2362, and in expenses of management, entirely on ourselves, the next on our friends. The including printing, and every possible expense, first is this: what we have to consider is, that if we have paid a further sum of £1442, making in the last ten years our members have doubled a total of £4895, which, being deducted from and yet our capital has doubled, and if in the next a sum of £8342, leaves our present capital, as ten years our membes should double, our capital the result of thirty years' work. Now, I may also will be doubled. But following the ordinary divide the history of the society into past, pre- ratio of these things, if in the past ten years our sent, and future, and I think it must be a members and capital have doubled, in the next ten subject of great congratulation to us to be able years we may expect at least more than doubleto point out that after thirty years' work, half as much again, in fact. Therefore, it all and after distributing upwards of £1100, our depends upon yourselves, and especially on the balance-sheet should show such a very satis- younger members, in using every effort to induce factory state of finances. We must not only others to join the Society. (Hear, hear.) The more reckon that we have made the homes of thirty members we are the more prosperous we shall be. different families happy and easy, for we all The new members will help us to pay off those know what death is, that it must come to us all, who are getting old; and our stability as and we all know that when it does come we may an Institution must depend upon that. I, in be poor, and that there are calls upon our purses common with the President, do certainly look according to our station in life-I say, we may forward to the time when our members shall be reckon not only that we have made thirty homes 500 or 600. (Applause.) The other point to which happy by the distribution of this sum of £1100; I will draw your attention is what I may call the but when we come to think that we have spent no new phase of our society. I was looking casually less than £2362 in helping the sick and dying, it is over our rules to-day, and I find that according impossible to calculate by money value the amount to one of our old rules members were bound to of good that the society has done, and it is im- have dinner every year. Now I believe this dinner possible to estimate in the future the good that it has been discontinued for twenty-five years. I may do. But, whilst dealing with the past, I will hope every member who has not attended during call your attention to one or two remarkable facts that period will pay a fine of half-a-crown. I do. connected with the last ten years. In 1861 the not know whether as treasurer I can put in any number of our members was 85; the amount of legal claim for the twenty-five years' arrears our capital was, in rough figures, £1794. The against those absent members. (A Voice: number of our members at the end of the year "Barred by the statute!") Well, I do not know 1871 was 171; the amount of our capital was about that; however, my argument is this-let £3440; so that we have almost exactly, in the us go on as we have done for the last two years, last ten years, doubled our members and doubled meeting and dining together at this our anniour capital. (Applause.) Then there is another versary festival, and making the thing known fact to which I will call your attention, which is throughout the Profession. Speaking from my also somewhat peculiar, but which perhaps ac- own experience, I may tell you that one gentlecounts for the increase of capital. In the year man came to me and said, "I have been applied 1861 our total receipts were £294; in the year 1871 to by the Law Writers' Institution; how is this, our total receipts were £699, somewhat more than I have never heard of such a society before ?" I double, but not very much over. Our expenses in said, "I cannot tell you." He said, "You ought |