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OCT. 27, 1855.]

Index to the Public General Acts.-18 & 19 Vict.

Jurisdiction of Ecclesiastical Courts in Suits for Defamation, for abolishing; c. 41.

Jurisdiction (Ecclesiastical) to continue certain temporary Provisions concerning; c. 75. Justice, for the better Administration of, in the Cinque Ports; c. 48.

Lancaster (County Palatine of) for further assimilating the Practice in, to that of other Counties with respect to the Trial of Issues from the Superior Courts at Westminster; c.

45.

Limited Liability of Members of certian Joint-Stock Companies; c. 135.

Lis Pendens, for the better Protection of Purchasers against cases of; c. 15.

London, for the better Local Management of; c. 120.

Lunacy Regulation Act, 1853, to explain and amend; c, 13.

Lunatic Asylums (Public) Act, 1853, to amend, and also the Acts passed in the 9 and 17 Vict., for the Regulation of the Care of Lunatics; c. 105.

Marriages, to make further Provision for the Registration of; c. 29. Scotland.

Marriages, to render valid certain Marriages in Christ Church in the Chapelry of Todmorden and Parish of Rochdale in the Counties of Lancaster and York; c. 66.

91.

Merchant Shipping Act, 1854 to amend; c.

Metropolis, for the better Local Management of; c. 120.

Metropolis, to amend the Laws relating to the Construction of Buildings in the Metropolis and its neighbourhood; c. 122.

Newspapers, to amend the Laws relating to the Stamp Duties on; c. 27.

Nuisances Removal and Diseases and Prevention Acts, 1848 and 1849, to consolidate; c. 121.

Oaths, to allow Affirmations or Declarations to be made instead of, in certain cases; c. 25. Scotland.

Oaths; to enable British Diplomatic and Consular Agents abroad to administer Oaths;

c. 42.

Passengers, to amend the Law relating to the Carriage of, by Sea; c. 119.

Pleading, to continue 13 & 14 Vict. c. 16, for enabling the Judges of the Courts of Common Law at Westminster to alter the Forms of; c. 26.

Poor; to continue 17 & 18 Vict. c. 43, for charging the Maintenance of certain poor Persons in Unions upon the Common Fund; c. 47.

Poor; to continue the Exemption of Inhabitants from liability to be rated as such, in respect of Stock in Trade or other Property, to the Relief of the Poor; c. 51.

Poor; to amend the Law regarding the Burial of poor Persons by Guardians and Overseers of; c. 79.

Prince of Wales Island; to amend certain Acts relating to the Court of Judicature of Prince of Wales Island, Singapore, and Malacca ; c. 93.

505

Promissory Notes, to facilitate the Remedies on, by the Prevention of frivolous or fictitious Defences to Actions thereon; c. 67.

Property and Professions, for granting to her Majesty an increased Rate of Duty on Profits arising from; c. 20.

Public Health Act, 1854, to continue and amend; c. 115.

Publications, to provide for the Transmission of, by Post; c. 27.

Purchasers Protection against Judgments; for the better Protection of Purchasers against Judgments, Crown Debts, Cases of Lis pendens, and Life Annuities or Rent-charges; c.

15.

Registration of Births, Deaths, and Marriages, to make further Provision for; c. 29. Scotland.

Religious Worship; to amend the Law concerning the certifying and registering of Places of Religious Worship; c. 31.

Religious Worship; for securing the Liberty of Religious Worship; c. 86.

Rentcharges, for the better Protection of Purchasers against; c. 15.

Sewers (House Drainage); Commissioners of Sewers empowered to expend on House Drainage a certain Sum out of the Moneys borrowed by them on the Security of the Rates, and also to give to the said Commissioners certain other Powers for the same purpose; c. 30.

Stamp Duties, to amend the Laws relating to; c. 78.

Stamp Duties on Newspapers, to amend the Laws relating to; c. 27.

Stannary Court, to amend and extend the Jurisdiction of; c. 32.

Stock in Trade; to continue the Exemption of Inhabitants from Liability to be rated as such, in respect of Stock in Trade or other Property to the Relief of the Poor; c. 51.

Turnpike Trusts, to confirm certain Provisional Orders made under 14 & 15 Vict. c. 38, to facilitate arrangements for the Relief of; c. 102.

Union Charges Act Continuance; to continue 17 & 18 Vict. c. 43 for charging the Maintenance of certain poor Persons in Unions in England and Wales upon the Common Fund; c. 47.

Union of Contiguous Benefices, to make better provision for; c. 127.

Weights and Measures, for legalising and preserving the restored Standards of; c. 72.

West Indies Relief Loan Arrangement; to authorise the Commissioners of the Treasury to make Arrangements concerning certain Loans advanced by way of Relief to the Islands of Antigua, Nevis, and Montserrat; c. 71.

Youthful Offenders; to amend 17 & 18 Vict. c. 86 for the better Care and Reformation of, and the Act 17 & 18 Vict. c. 74, to render Reformatory and Industrial Schools more available for the Benefit of Vagrant Children; c. 87. Scotland.

506

Metropolitan and Provincial Law Association.

[LEGAL OBSERVER,

METROPOLITAN AND PROVINCIAL | of Commons, was the tone towards the Profes

LAW ASSOCIATION.

MEETING AT BIRMINGHAM.

THE annual provincial meeting of the members of this Association was held in Birming ham on Monday and Tuesday last, Oct. 22 and 23. The meetings took place in the Lecture Theatre, in Cannon Street. The first meeting was held on Monday afternoon, under the presidency of T. H. Bower, Esq., of London, Chairman of the Committee. The attendance included Messrs. A. Ryland, C. M. Ingleby, J. Rawlins, T. R. T. Hodgson, H. Hawks, W. S. Allen, W. Morgan, J. Powell, jun., and L. P. Rowley, of Birmingham; J. H. Shaw, John Bulmer, and E. Eddison, of Leeds; M. D. Lowndes, Thomas Avison, Chas. Falcon, and E. Banner, of Liverpool; J. Jones and W. Allen, of Worcester; Thos. Browett and Wm. Evans, of Coventry; A. Barnes and Geo. Birch, of Lichfield; L. J. Banks, of Tettenhall; W. Keary, of Stoke-upon-Trent; Thos. Nicks, of Warwick; E. Ball, of Pershore; R. Stevenson, of Hanley; S. Fletcher, R. Radford, John Sudlow, W. H. Partington, and James Street, of Manchester; R. Leonard, jun., of Bristol; F. Baker, of Derby; J. H. Parkinson, of Horncastle; T. B. Thompson, of Tadcaster; Thos. Hodgson of York; J. Summerscales, of Oldham; E. Benham, E. K. Greville, W. S. Cookson, E. F. Burton, and W. Shaen, of London.

The proceedings were commenced by Mr. Shaen, the Secretary, reading the circular convening the meeting; after which

The Chairman announced that letters accounting for non-attendance had been received from a number of gentlemen, among whom was Mr. E. W. Field, of London, who was prevented attending by a journey to Scotland, and the meeting would therefore be deprived of the paper promised by that gentleman.

On the motion of Mr. Street, seconded by Mr. Banner, of Liverpool, it was agreed that the next provincial meeting of the Society should take place at Manchester, in October,

1856.

Mr. Cookson then read a paper "On the means of Elevating and Improving the Profession, and increasing its usefulness." The Profession of an Attorney and Solicitor, he remarked, was necessary to the public, and existed for the public benefit. It was a Profession of great antiquity, and from an early period in the History of England it had been recognised as one of our indispensable institutions. On the attorney in a great degree depended, not only the establishment of right, and the successful resistance of wrong, but the maintenance of harmony and good feeling between friends and neighbours, and the peace and happiness of families. Under these circumstances, he asked why it was that the public held towards the Profession as a body the language of disparagement and distrust? Why, even in an enlightened assembly like the House

fession at large so unsatisfactory? Why were Messrs. Dodson and Fogg, or Messrs. Quirk, Gammon, and Snap, looked upon as fair specimens of the whole? It was probable that many circumstances had combined to produce this result. The attorney who was steadily, conscientiously, and successfully labouring in the discharge of his onerous and important duties, winning and inviting the confidence of his clients and the respect of his brethren, might pass through the whole of his professional life without ever appearing before the public, except occasionally as the solicitor for the sale of an estate. The public knew nothing of him. But if an attorney had been guilty of any misconduct, his delinquencies did not fail to come before the public. They were reported in the public prints, and, being commented on with just severity, the public mind was thereby led to contemplate the attorney in his most unfavourable aspect. Another cause of the unpopularity of the Profession was, the supposed opposition to legal reforms. This, he contended, was unfounded, and unjust when applied to the Profession at large, as no body of men had proved itself more zealous or disinterested in advocating and pressing amendments in the law. Its struggles for reforms in the practice of the Court of Chancery, in the Courts of Common Law, and in the Laws affecting Transfer of Property, had been constant and untiring, as the records of the various Law Societies abundantly testified. As a means of raising the character of the Profession, and increasing its usefulness, the writer noticed the efforts of the Law Societies, which had already conferred great advantages. Prior to the establishment of the Incorporated Law Society, there was no examination worthy of the name of applicants for admission on the roll of attorneys. Since its establishment, and by the exertions of the Profession, a system of examination had been introduced, by which the attainments of candidates for admission had been ascertained. The examination embraced five different branches of the law, viz., Common Law, Equity and Conveyancing, Bankrupt Law, and Criminal Law. That in the Common Law was conducted by one of the Masters of the Common Law Courts, and the others by members of the Profession, annually appointed by the Judges. The beneficial effects of these examinations were enlarged upon at some length, and the importance of fixing a higher standard of general education was strongly insisted upon as the best means of raising the character of the Profession, and removing the unfavourable impression that at present prevailed.

The second paper, "On the different Branches of the Profession," was read by Mr. John Bulmer, of Leeds.

Mr. W. Shaen read a paper "On the Organisation of the Profession-as it ought to be and as it is."

A discussion then took place upon the three foregoing papers.

ост. 27, 1855.]

Metrop. and Prov. Law Association.—Examination for the Bar.

507

"Defects in the Law of Debtor and Creditor | read did not emanate from the Association as practically considered, in order to their Legis-a body, nor was the Society responsible for the lative Amendment," was the title of the paper principles which they enunciated. They were read by Mr. Lowndes of Liverpool.

The reading of the paper gave rise to considerable discussion, most of the speakers being of opinion that the present Act was capable of great improvement; that the fees ought to be greatly reduced, the present high commission paid to official assignees keeping most of the large estates out of Court, the winding up of the same being effected by private arrangement. At the suggestion of several gentlemen, Mr. Lowndes promised to produce the draft of a memorial to the Lord Chancellor on Tuesday morning.

The meeting then adjourned.

The members of the Association re-assembled on Tuesday morning, at 10 o'clock.

Mr. Lowndes read the memorial which he had prepared for presentation to the Lord Chancellor, on the subject of the Bankrupt Law, and moved that the memorial be referred to the committee of the Metropolitan and Provincial Law Association, with power to modify the same and submit it to the Lord Chancellor. The proposition was seconded by Mr. Shaw, and carried.

Mr. Arthur Ryland read a paper entitled "Some Suggestions connected with the Consolidation of the Statutes."

the production of individual members, who wished to direct the attention of the other members of the Society to the subjects on which they treated. No member of the Association was personally pledged to the adoption of any one of the opinions expressed in those papers; they were the opinions of the writers, who conceived that they were of such importance as to deserve the consideration of the members.

The resolution was seconded by Mr. Rawlins, who considered it essential to the prosperity of the Association that the papers should be printed.

Mr. Ingleby supported the resolution. He considered that one of the greatest impediments to the progress of the Society in this locality had been the lack of information as to its principles and objects. He had no doubt that the circulation of the papers would cause a great increase of subscribers.

Thanks were afterwards voted to the Birmingham and Midland Institute for the use of the theatre for the Society's meeting, and to Mr. Ryland for his exertions.

The proceedings were terminated by a vote of thanks to the Chairman.

The reading of this paper was followed by to considerable discussion, in which Mr. Shaen, Mr. Ingleby, Mr. Lowndes, the Chairman, Mr. Benham, and other gentlemen, took part, and Mr. Ryland was requested to prepare a form of petition embodying his own views, and to present the same to the general committee for their approval, in order that the same might be pre

sented to Parliament.

Mr. W. Morgan read a paper "On the recent alteration of the Law in the Treatment of Juvenile Criminals." This was followed by some discussion, in the course of which it was suggested that juvenile criminals should be sent to reformatories at a distance, in order to sever the connexion that might exist between them and their former associates in vice.

A paper "On Conditions of Sale," by Mr. R. Caparn, was read by Mr. Shaen, the Secretary. In the discussion that ensued the practice was deprecated by the members present, and it was suggested that solicitors should print the conditions of sale some days previous to the auction, in order to allow the solicitors of intending purchasers time for their perusal, as it was impossible to do so at the time of sale, if only one copy was produced, which was frequently the case, and was consequently productive of great injustice.

A paper containing "Suggestions as to Amendments of the Law," was read by Mr. Shaen.

Mr. Shaw then moved that the papers which had been read should be printed and circulated among the members of the Association. He remarked that the papers which had been

[We hope to give the papers above referred in an early Number.-ED.]

EXAMINATION FOR THE BAR.

Michaelmas Term, 1855.

THE Council of Legal Education have approved of the following Rules for the Public 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 shall be founded of Fifty Guineas per annum each, to continue for a period of three years, and one such Studentship shall be conferred on the most distinguished Student at each Public Examination; 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 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."

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"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 Michaelmas 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 Tuesday, the 23rd day of 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 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 Tuesday, the 30th day of October next, and will be continued on the Wednesday and Thursday 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 :Tuesday Morning, the 30th October, at halfpast Nine, on Constitutional Law and Legal History; in the Afternoon, at halfpast One, on Equity.

Wednesday Morning, the 31st October, at
half-past Nine, on Common Law; in the
Afternoon, at half-past One, on the Law
of Real Property, &c.
Thursday Morning, the 1st November, at
half-past Nine, on Jurisprudence and the
Civil Law; in the Afternoon, at half-past
One, a Paper will be given to the Students
including Questions bearing upon all the
foregoing Subjects of Examination.

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 Thursday 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 Certificate.

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 Stu

[LEGAL OBSERVER,

dent 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 the Candidates for Honours in the ensuing Examination to have mastered the first, second, fifth, sixth, seventh, and thirteenth chapters of Mr. Hallam's Constitutional History; the chapter in Foster's Crown Law relating to Treason; the chapter in Mr. Stephen's edition of Blackstone on the same subject, and the chapters in the same work relating to the Houses of Parlia ment and the Law concerning the Press; the chapters in Rapin on the Reign of James the First and Charles the First; May's History and the first volume of Clarendon's History of the Rebellion. He will expect them to be acquainted with the State Trials during the reigns of the Stuarts, of William the Third and Queen Anne.

He will expect the Candidates for a Pass to answer any general question bearing on English History, and to be well acquainted with the first, eighth, and thirteenth chapters in Hallam's Constitutional History, and with the chapters in Rapin containing the History of Charles the Second, and with the Trials of College, Lord Russell, and Algernon Sydney.

The READER on EQUITY proposes to examine in the following Books and Subjects:1. Smith's Manual of Equity Jurisprudence; Mitford on the Pleadings in the Court of Chancery. Introduction:-Chapter 1, sec. 1 and 2; chapter 2, sec. 2, part 1 (the first three pages); chapter 2, sec. 2, part 2 (the first two pages); chapter 2, sec. 2, part 3; chapter 3. The Act for the Improvement of the Jurisdiction of Equity, 15 & 16 Vict. c. 86.

2. The Cases and Notes contained in the first volume of White and Tudor's Leading Cases, particularly those relating to the subjects Election and Conversion. The remainder of chapter 2, sec. 2, part 2, in Mitford's Pleadings in the Court of Chan

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OCT. 27, 1855.] Examination for the Bar.—Annual Registration of Attorneys.

acquainted with the Books mentioned in the first of the above Classes.

Candidates for the Studentship or Honours will be examined in the Books mentioned in the two Classes.

The READER on the LAW of REAL PROPERTY proposes to examine in the following Books and subjects:—

1. Williams, Real Property; Stephen, Commentaries, vol. 1; Sugden, Powers, vol. 1. 2. The Power of Alienation possessed by Tenants in Tail and Married Women. 3. The extent of the Testamentary Power, and the alterations effected by the 1 Vict. c. 26. 4. The Protection afforded to Purchasers by means of Attendant Terms; and the Operation of the 8 & 9 Vict. c. 112.

5. The Law of Judgments, as it affects Real Property; Prideaux on Judgments (4th edition); 18 Vict. c. 15.

Candidates for Honours will be examined in all the foregoing Books and Subjects. Candidates for a Certificate will be examined in those mentioned in parts 1, 2, and 3.

509

Beverley's Case.-4 Rep. 123 b. (so far as it bears upon the capacity of one non compos mentis to contract), in connection with which should be read Molton v. Camroux 2 Exch. R. 487, S. C., 4 Exch. R. 17 Beavan v. M'Donnell, 9 Exch. R. 309 and 10 Exch. R. 184.

Pigot's Case, 11 Rep. 26 b., in connection with which should be read Davidson v. Cooper, 11 M. & W. 778, S. C.; 13 M. & W. 343; Master v. Miller, 4 T. R. 320, S. C.; 2 H. Bla. 140; Burchfield v. Moore, 3 Ell. & Bl. 683; Warrington v. Early, 2 Ell. & Bl. 763.

5. The 5th, 6th, and 7th of Mr. Smith's Lectures on the Law of Landlord and Tenant (points relating to Continuance of Tenancy), with the notes thereto.

By Order of the Council,

RICHARD BETHELL, Chairman. Council Chamber, Lincoln's Inn, 3rd August, 1855

ANNUAL REGISTRATION OF ATTORNEYS AND SOLICITORS.

The READER on JURISPRUDENCE and the THE Forms of Declaration, under the 6 & 7 CIVIL LAW proposes to examine Candidates for Honours in the following Books and Sub-Office of the Incorporated Law Society, ChanVict. c. 73, may be had on application at the jects:

1. The Elements of the Roman Law of Contract and Delict. Warnkönig, Institutiones Juris Romani Privati, Lib. iii. 2. The Fourth Book of the Commentaries of

Gaius.

cery

Lane.

The Members of the Profession are requested to be particular in filling them up, either by Agents; and to send them to the office on as themselves, their partners, or their London 3. The First, Second, Third, and Fourth Lec-early a day as possible; and to attend to the tures of Kent on International Law. following Candidates for a Pass Certificate will be examined in

1. The Third and Fourth Books of the Institutes of Justinian, with the Notes contained in Sandars's Edition.

2. The First and Second Lectures of Kent on International Law.

The READER on COMMON LAW proposes to examine in the following subjects :Candidates for a Certificate will be mined in

Regulations:

1. No Declaration can be acted upon which does not contain all the particulars required by

the Act of Parliament.

2. Every Declaration must be delivered at the Office six days before a Certificate can be granted.

3. No Certificate will be delivered out till Tuesday, November 20.

4. In the first six days commencing on Nov. exa-20, Certificates will be delivered only to such London Agents as shall in due time previously have sent in the Declaration of themselves and their Country Clients, accompanied by a List thereof arranged in alphabetical order, and written on foolscap paper bookwise.

1. The Elements of the Law of Contracts (which may be read from Smith's Lectures on Contracts, 2nd ed., or from any recent Treatise on the subject).

2. Criminal Law as treated in Mr. Warren's Abridgment of Blackstone's Commentaries, pp. 573-656.

3. Candidates for a Certificate will also be expected to answer any question having reference to the Ordinary Proceedings in an Action at Law.

Candidates for the Studentship or Honours will be examined in the 1st and 3rd of the foregoing subjects, and also in—

4. The undermentioned cases from Coke's Reports:

Semayne's Case, 5 Rep., 91 a.

5. These six days to be appropriated among the London Agents, in the following order :The Letters refer to the initial of the Agent's surname or that of the senior partner in the case of a Firm.

Those commencing with-
A, or B,

C, D, E, or F,
G, H, I, or J,
K, L, M, N, O, or P,

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Nov. 20

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21

22

23

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6. On every day subsequent to November 26,

Q, R, or S,

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Calye's Case, 8 Rep. 32 a., in connection the Certificates will be delivered to the rest of

with which should be read Dansey v. Ri-the Profession. chardson, 3 Ell. & Bl. 144.

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