Charitable Trusis.-Mercantile Laws of England and Scotland. 395 the Judge to them at their office by post or Commissioners, or the statement of the Attorotherwise. ney-General shall, unless disputed, be taken as -- 11. Judge's note where Attorney-General true. proceeds. Upon the requisition of the Attor-| 19. Appeal. Where any person is desirous ney-General in proceedings instituted by him, of appealing against an order made by the a copy of the Judge's note of the evidence Court in any matter of a charity, he shall, taken at the hearing, or such part thereof as within one calendar month after making such may be required by the Attorney-General, order, give notice in writing, stating the shall be transmitted under the seal of the Court grounds of such intended appeal, to the Court; to him by post or otherwise. and such notice may be served, by post or otherwise, on the clerk of the said Court at his office. 12. Copy of proceedings to be sent to Commissioners.-A copy of the summons, notice to attend proceedings, notice to appear, together with a copy of the order made by the Court, shall in all cases be transmitted by the clerk, forthwith after the hearing, by post or otherwise, as the Judge shall direct, to the office of the Commissioners. 20. Forms.-The Forms contained in the Schedule may be varied by the Court, according to the circumstances of each case. 21. Practice to continue, subject to these orders.-The enactments, Secretary of State's orders, practice, and forms in force and used 13. Fees where income of charity exceeds in the County Courts shall, subject to the fore101.-Where the annual income of the charity going orders, be adopted with reference to proexceeds 101, the Court fees shall be payable ceedings in matters of Charitable Trusts, so as in cases wherein the ordinary jurisdiction of far as the same are applicable, mutatis muthe Court, without prejudice to the privilege of the Attorney-General as to costs, and the charitable funds may be made liable to the payment thereof, at the discretion of the Judge. tandis. 22. Clerk's duties as to Trustees' accounts.The accounts of Trustees of Charities, when delivered to the Clerk of the County Court, shall be filed by him in numerical order, and annually indexed alphabetically according to the titles of such charities, or the names or description by which they are known, or may be identified. 14. Fees where income does not exceed 101.Where the annual income of the charity does not exceed the sum of 10l., no fees of Court shall be payable out of the funds of the charity; nor shall any fees be paid by any party to the proceeding, unless the Judge shall, in his dis- MERCANTILE LAWS OF ENGLAND cretion, order any of the parties to the proceedings before him to pay such fees of Court as he shall think fit, without prejudice to the privilege of the Attorney-General as to costs. 15. Fees where several charities join.-Where more than one charity is joined in one application, one set of Court fees only shall be payable, such fees to be calculated on the aggregate amount of the incomes of the charities so joining. 16. Fees how calculated.-Where Court fees are payable, they shall be calculated according to the scale of fees applicable to proceedings for the recovery of tenements under the 9th and 10th Vict. cap. 95, sect. 122, the annual income of the charity, like the annual rent of the tenement, being treated as the basis of calculation. 17. Who may appear at hearing.-At the hearing, any person who has been summoned, or has received notice to attend proceedings, or who is authorised to apply under sect. 43 of "The Charitable Trusts' Act," 1853, may appear, and shall be heard to oppose the application authorised by the order or certificate of the Commissioners, or the statement of the Attorney-General, subject to the payment of such costs as the Judge shall direct. AND SCOTLAND. PROPOSED ASSIMILATION AS TO DISHONOURED BILLS OF EXCHANGE. ON the 13th instant, Lord Brougham brought the subject of the dissimilarity of the English and Scotch Law relating to dishonoured bills of exchange before the House of Lords. He said, the law at present in force in Scotland with regard to bills of exchange and promissory notes dated from the year 1682; it then however only referred to Scotch bills, but in 1690 it was extended to English bills, and in 1772 it was made complete by being made to refer to drawers as well as acceptors, which was not formerly the case. The effect of this law was that while in England, if a bill were dishonoured, the only remedy which the holder had was by an action at law, giving the drawer all the advantages of the law's delays to put off or escape payment; in Scotland the holder of a protested bill had only to register it, and by that simple operation he at once put a stop to all dealings with his debtor's property, and in six days afterwards he was entitled to execution against his property and person. To provide, however, against mistakes and frauds, there was a process of suspension of execution, after which the matter would have to be decided before a tribunal in the regular manner; but before he could obtain the advantage of that, the defaulting party had to give security for the debt, and 18. Effect of Commissioners' order or certificate, or Attorney-General's statement.-The order or certificate of the Commissioners, or statement of the Attorney-General, as to the amount of the annual income, shall be conclusive on the Court, and the other statements contained in the certificate or order of the the costs as well. 396 Mercantile Law.-Notices of New Books.-Law of Attorneys and Solicitors. He fully believed that the great increase first attempt towards carrying out a comwhich had taken place in the commerce of prehensive scheme for a mercantile school, Scotland within the last 60 or 70 years had and of conveying to the student the prinbeen eminently assisted by this admirable provision of the law. In the year 1849 there had ciples of commerce in a didactic form. been 4,749 cases of bills being registered in this manner, and in the year 1853, which was a year of commercial prosperity, there had been 2,470, of which about one per cent. had been resisted, and very few of those successfully so. It might be possible to introduce this provision into the English law by an alteration in the Common Law Procedure Bill, and he should merely ask that the Bill he (Lord B.) then proposed should be read a first time, and should postpone the second reading so as to give his noble and learned friend (the Lord Chancellor) an opportunity of considering this suggestion. The contents are as follow:- 11, 12, 13. Insurance. 15. Clearance. 16. The Law of Sale. 22. Markets and Prices. The Lord Chancellor said he did not propose to send the Common Law Procedure Bill to a Select Committee until the Lord Chief Justice returned from circuit, and could give the benefit of his assistance in that committee. When that committee sat, he thought it would We strongly recommend a perusal of be better that the Bill just introduced should these Lectures to such of our readers as are be referred to it. In the meanwhile he would concerned in commercial affairs, in order to simply suggest that the Bill ought to be cir- acquire an insight into the "principles of culated as much as possible in the commercial commerce and commercial law." The community of the city of London, proposing, as it did, so great an alteration in the character volume is written with the accustomed of bills of exchange, an alteration in fact which force, clearness, and talent, which distinmight possibly have the result of putting a stop in a great degree to the giving of them. [The Bill has not yet been printed.] NOTICES OF NEW BOOKS. The Queen on the prosecution of Sir James THIS is a pamphlet issued, as it appears by the attorneys for the prosecution, Messrs. Phillips and Voss, and contains a full report of this important action of sci. fa. to repeal the letters patent of incorporation granted to the defendants, and in which judgment was given for the Crown, affirmed on appeal to the Exchequer Chamber, on the 22nd of November last. The Principles of Commerce and Commercial Law, explained in a course of Lectures delivered by SIR GEORGE STEPHEN, Barrister-at-Law. Crockford. 1853. Pp. 269. guish all the works of our learned friend. PAYMENT OF SUM FOUND DUE. COSTS OF PROCEEDINGS TO COMPEL PAYMENT. A SUM of money was found due by the certificate of the Taxing Master from certain solicitors. An order had been made substituting service of the copy certificate THE learned author states that this is a at their offices and private residences, and Points in Common Law Practice.-Law of Costs. 397 for demand of payment there. On motion proved, but in consequence of the defendant for the short order for payment and de- having entered a caveat, probate was not oblivery up and deeds and papers, the Master tained until May 5, 1852. of the Rolls said,-"I think the applicant is entitled to the order. He has done all Term to enter up judgment as of Michaelmas A rule was discharged in the ensuing Trinity that is required by the order for substitut Term, 1851.-Cresswell, J., citing Copley v. ing service. I give no opinion, whether it is necessary to leave a copy of the Day, 4 Taunt. 703; Lawrence v. Hodgson, 1 power of attorney; but if such be the practice, it is new both to me and the registrar. On the authority of Re Bainbrigge, 13 Beav. 108, 14 Beav. 645, the solicitors must pay all the subsequent costs in compelling payment." In re Dufaur and Blakeney, 16 Beav. 113. POINTS IN COMMON LAW Y. & J. 368, on the ground that judgment could not in any case be entered nunc pro tunc, unless the delay were attributable to the act of the Court. Freeman v. Tranah, 12 C. B. 406. NEW TRIAL OF PENAL ACTION NOT "It is perfectly well settled that a rule nisi for a new trial is never granted on the ground of the verdict being against evidence, in penal actions. That rule of practice was established TRIAL, POSTPONING.-DEFENDANT OUT OF long ago, and there is no reason why we should JURISDICTION. COMMISSION TO EXA MINE UNDER 14 & 15 VICT. C. 99. In an action on a bill of exchange for the price of goods sold to the defendant, a master mariner trading between Liverpool and China, the defendant had obtained time to plead upon the usual terms, but was, after plea but before issue joined, compelled to proceed to China. A motion was refused for the postponement of the trial until his return, upon affidavits of the dealings between the parties, and stating that the defendant's evidence was essential to make out his defence, and that, beyond the amount paid into Court, he had a good defence on the merits. Quære, whether a commission could be granted before issue joined, for the defendant's examination in China, under the 14 & 15 Vict. c. 99, s. 2. Solomon v. Howard, 12 C. B. 463. ENTERING JUDGMENT NUNC PRO TUNC.- On an action coming on for trial at the Spring Assizes, 1851, a verdict was taken for the plaintiff subject to an award, which was made on May 28 following, directing the verdict to be entered for the plaintiff. It appeared that the plaintiff, in consequence of her poverty, was unable to take up the award, but, having ascertained that the defendant had done so, obtained a copy on November 21, but in consequence of her death on the next day, her attorney only went on December 2 to sign judgment. The plaintiff's will was taken to Doctors' Commons on December 3, to be now deviate from it,"—per Parke, B.; and per Alderson, B.,-"the rule depends upon the for felony and misdemeanour, where a verdict same principle as that which prevails in trials of not guilty has been returned. There are, no doubt, some cases in which the acquittal is against the evidence. But the reason for the rule is a good one. It is thought better that a the same matter should be tried over and few guilty persons should escape, than that over again." Hall v. Green, 9 Exch. R. 247. LAW OF COSTS. OF PUISNE INCUMBRANCER DISCLAIMING In a bill filed by the first mortgagees of certain freehold premises to forclose the mortgage, against the mortgagor and the second mortgagees, the plaintiffs alleged, that they had applied to the mortgagor and to the second mortgagees, requesting them to pay the amount of debt and interest, but that they had refused so to do. The mortgagor had not appeared, and the plaintiffs entered an appearance for him, and filed a traversing note. The second and disclaimer, disclaiming all interest in the mortgagees afterwards filed their joint answer mortgaged premises, and alleging that no application had been made to them prior to the suit being instituted, and that if they had been applied to, they would have released and disclaimed all interest. Brook v. Middleton, 10 East, 269. 393 Law of Costs.-Points in Equity Practice.-Inns of Court Examination. POINTS IN EQUITY PRACTICE. On the suit being brought to a hearing, the and I think it was the duty of the plaintiffs to second mortgagees asked for their costs. Vice- have inquired, whether the defendants were Chancellor Stuart said,-"These plaintiffs in willing to submit to the demand or not, before the bill, made it a part of their case, by distinct filing their bill. I decide this case, therefore, averment, that they have applied to the de- on a principle which none of the authorities fendants and requested them to pay to the cited by Mr. Rasch seem to me to touch; plaintiffs the said sum of 1,2007. debt, interest, those cases merely go to show the terms upon and costs, but that the defendants have refused which the Court will deal with a disclaiming so to do; and they have gone on to frame defendant, and do not turn at all upon averinterrogatories, following up this charge. It ment or conduct. I shall make the order abis true that these are the ordinary words em- solute upon the defendants' answer, they unployed in a bill for a foreclosure, but they are dertaking to execute a release, and the plainwords introduced for a very wise purpose, and tiffs undertaking to pay their costs." Gurney not merely as a matter of form. At law, in- v. Jackson, 1 Smale & Giffard, 97. deed, if a plaintiff issues a writ for a legal demand, he may recover both debt and costs, without averring that he has made any application to the defendant, because none is necessary in law. But an entirely different rule, I am glad to say, prevails in a Court of Equity. In this Court, the wisdom of pleaders, sanctioned by the custom of the Court, adopted such a charge, but not as a senseless and useless form. The old form went further, upon the ground that it was not sufficient to allege that he believed the defendant had absconded merely that the plaintiff had made an application to the defendant; because it is perfectly possible to make an application for the express purpose of inviting a refusal : the old form, therefore, went to the extent of averring that the plaintiff had frequently and in a friendly manner applied to the defendant, and that the defendant had refused, &c. "This is a substantial allegation, introduced for the purpose of guiding the Court in disposing of the question of costs, which are in every case, within the discretion and under the control of the Court." "My opinion is, that if a man is ready and willing to comply with every just demand that can be made upon him, it is of the essence of justice that he shall not, without previous application or request, which might give him an opportunity of submitting to the plaintiff's demand, be dragged into a Chancery suit, without notice, and put to considerable expense without the commission of any fault on his part. "It is said, the charge in the bill is, that the plaintiffs applied for payment of the mortgagemoney, and that the defendants do not aver in their answer that they would have paid it. True; but they do aver this, that they would have disclaimed and released. They might have released, and so have made it unnecessary for the plaintiffs to bring them here; SERVICE OF PROCESS AGAINST ABSCOND- In a suit to wind up the affairs of a partnership between the plaintiff and the defend ant, service of process could not be made on the latter. The plaintiff stated in his affidavit, with a view to escape the liabilities to which he was subject, and "to avoid service of any legal proceedings which might be issued against him." An order was made under the 31st Order of May 8, 1845, that the defendant Barton v. Inns of Court-Public Examination-Trinity Term, 1854. 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 Students 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 or Certificate, unless they shall be of opinion that the Examination of the Students they select has been such as entitles them thereto." "At every call to the Bar those Students who have passed a Public Examination, and either obtained a Studentship or a Certificate of Honour, shall take rank in seniority over all other Students who shall be called on the same day." "No Student shall be eligible to be called to the Bar who shall not either have attended during one whole year the Lectures of two of the Readers, or have satisfactorily passed a Public Examination." Rules for the Public Examination of Candidates for Honours, or Certificates entitling Students to be called to the Bar. An Examination will be held in next Trinity Term, to which a Student of any of the Inns of Court, who is desirous of becoming a Candidate for a Studentship 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 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 Monday, the 15th day of May 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 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 Monday, the 22nd day of May next, and will be continued on the Tuesday and Wednesday following. It will take place in the Benchers' Reading Room 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 : Monday Morning, the 22nd May, at halfpast Nine, on Constitutional Law and Legal History; in the Afternoon, at halfpast One, on Equity. 399 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 Wednesay Afternoon 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 or a Studentship, or desires simply to obtain a Certifi cate. 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. Any Student who shall obtain a Certificate may present himself a second time for Examination as a Candidate for the Studentship, but only at one of the three Examinations immediately succeeding that at which he shall have obtained such Certificate; provided, that if any Student so presenting himself shall not succeed in obtaining the Studentship, his name shall not appear in the list. Students who have kept more than eleven Terms shall not be admitted to an Examination for the Studentship. The Reader on Constitutional Law and Legal History will expect all Students to answer any general questions relating to the History of England, and to know the outlines of Constitutional Law. The Candidates for distinction will be expected to know the progress of our Institutions and the changes of our Constitution. They will be examined on the History of the Conqueror and his immediate successors; on the reign of Henry the Second; on the circumstances which led to the signing of Magna Charta. They will be expected also to know thoroughly the History of Elizabeth, of Charles the First, and of William the Third; and to give an account of the more remarkable State Trials from the time of James the First to that of Queen Anne. The Books for the ordinary Examination will be Rapin and Hallam. Those for Candidates for distinction will be Hallam, Rapin, Burnet, Millar, Clarendon, May, the State Trials, and the Parliamentary History. Tuesday Morning, the 23rd May, at half-past The Oral Examination will be conducted in The Reader on Equity proposes to examine |