(25 & 26 Vict., c. 89), with such memorandum and articles of association, and the company's deed of settlement shall cease to apply to the company. There is superadded the severe maximum penalty of £10 for every day of default by a company which fails to deliver to the registrar any document required by the new Act-a penalty which is not, we surmise, very likely to be often inflicted.

This, then, is the new Companies (Memorandum of Association) Act, and it is as well drafted as it is well designed. It will serve a most useful purpose and fill a long empty gap in company procedure. It will save a "a circuity of action" which is often prohibitory, and will often prevent a company acting ultra vires in contingencies which were not foreseen when the company came into existence. Let the officials of the court prevent a company being libelled, so to speak, by appearing in a list which mainly consists of defaulters when it simply seeks to alter its memorandum of association, and a very considerable reform of company law will have been effected by Sir Michael Hicks Beach and his friends,-Law Times.

SOLICITORS' BENEVOLENT ASSOCIATION.

The usual fortnightly meeting of the directors_was held on December 17th at the association's rooms, Four Courts, Dublin, William Findlater, Esq., D.L., in the chair,

The following members attended :-Messrs. H. S. Mecredy, William Fry, jun,, John H. Nunn, John D. Rosenthal, Arthur L. Barlee, Peter Lambert, William Hayes, G. W. Shannon, A. D. Kennedy, W. Grove White, and F. C. Earle Bland, secretary, The minutes of the last meeting having been read and confirmed, the secretary reported having received since last meeting the sum of £10 10., making the total annual subscriptions received since 1st January last £371 148. He also reported having received donations from Mr. John MacSheehy and William Fry, jun., of £10 10s, each, The directors then proceeded to consider the various cases for relief, and made grants to eight applicants, amounting in all to £65. The society's general meeting was fixed for the 30th January, 1891, and Mr. J. D. Boseutual undertook to prepare the annual report, Some further routine business having been transacted, the meeting adjourned,

"WITH COSTS."-Lord Justice Bowen on Wednesday expressed a strong opinion that it is time that the attention of the Lord Chancellor or some authority should be called to the anomalies in the scales of costs allowed in the Queen's Bench Division and the Chancery Division. The general opinion is that, if the costs in the latter are not too high, the costs in the former are not high enough. Both Lord Esher and Mr. Justice Mathew have recently in Court expressed a hope that some day the difference between solicitor and client and party and party costs may be abolished. A successful litigant ought to get an indemnity as nearly as circumstances will admit.-Law Times.

LAW STUDENTS' JOURNAL.

THE INCORPORATED LAW SOCIETY OF

IRELAND.

FINAL EXAMINATION FOR APPRENTICES TO
SOLICITORS,

Pursuant to the Attorneys and Solicitors (Ireland) Act, 1866.
MICHAELMAS SITTINGS EXAMINATIONS, 1890.

CHANCERY.

1. A land agent has refused to give his principal the estate accounts. How would you advise the principal to proceed to obtain them in the quickest and most iuexpensive way?

2. An action has been brought against two defendants, one of whom it is discovered has gone to reside out of the jurisdiction. State what course should be pursued.

3. A testator bequeaths £500 to an infant who resides in New Zealand. How can the executors of the testator obtain a good discharge?

4. An action is brought by A as plaintiff against B, C, and D, defendants, of whom D is an infant. B does not enter an appearance, C enters an appearance, and files a formal defence which does not traverse any portion of the statement of claim. An appearance is entered for D by his guardian ad litem, and a defence submitting the infant's rights is filed. State shortly the procedure for the plaintiff to pursue in order to obtain judgment in the action.

5. A fee-simple estate is limited under a will to A for life, with remainder to "A's" first and other sons in tail male, with remainder to A in fee, The will contains no power of sale, A has three infant sons. Α purchaser offers a larger sum for the estate provided the fee-simple can be conveyed to him. Can A sell the estate; and if so, state how the sale can be carried out? 6. An action to administer the real and personal estate of a deceased is proceeding, It appears in taking the accounts in Chambers that the estate will be quite insufficient to pay his creditors in full. What courses are open to a mortgagee of these estates to pursue? CHANCERY DIVISION-LAnd Judges.

1. Where a purchaser claims compensation for errors in the rental, what steps should he take?

2. Can any person interested in the lands ordered to be sold bid at the sale? What are the exceptions to the rule?

3. What is the practice in presenting petitions for sale1. By an infant (a) where there is a guardian; (6) where there is no guardian?

2. By a lunatic?`

4. What is the practice on applications to transfer carriage of the proceedings on the ground of delay?

5. How is cause shown against a conditional order, made on a petition for sale? Within what time after notice of cause must the petitioner apply to have the conditional order made absolute ?

6. On what persons should the Consolidated Final Notice be served, and what steps should be taken by the solicitor having carriage with regard to the objections which have been filed to such notice?

PROBATE.

1. State the distinction between Infants and Minors, and what are the steps necessary to appoint a guardian in each case?

2. Describe the procedure required to have a Scotch confirmation resealed, and what Court fees are payable therefor?

3. In cases originated under caveats, when is the matter constituted a cause, and who are named as the plaintiff and defendant?

4. How can a grant be obtained in Ireland of a will proved in one of the Colonies?

5. What evidence is required to prove a will which contains alterations and erasures not initialed by the testator or noticed in the attestation ?

6. For what period does a caveat remain in force?

COMMON LAW.

1. Draw a special endorsement on a writ in an action on a covenant for payment of moneys.

2. State the provisions of the Common Law Procedure Act (Ireland), 1870, with reference to remitting actions of contract and tort respectively, and the practice under this Act.

3. What is a garnishee order, and how is such an order obtained?

4. State the practice in obtaining a rule for a new trial?

5. State shortly the provisions of the 53rd section of the Judicature Act with reference to costs, and the principles which govern the awarding of costs.

6. What is a writ of inquiry? What is the practice in proceeding under such a writ?

Holloway's Pills.- Weak Stomach.-The wisest cannot enumerate one quarter of the distressing symptoms arising from imperfect or disordered digestion, all of which can be relieved by these admirable Pills. They remove cankery taste from the mouth, flatulency and constipation. Holloway's Pills rouse the stomach, liver, and every other organ, thereby bringing digestion to that healthy tone which fully enables it to convert all we eat and drink to the nourishment of our bodies. Hence these Pills are the surest strengtheners and the safest restoratives in nervousness, wasting, and chronic debility. Holloway's Pills are infallible remedies for impaired appetite, eructations, and a multitude of other disagreeable symptoms which render the lives of thousands miserable indeed. These Pills are approved by all classes.

DATK

APPOINTMENTS AND PROMOTIONS.

Mr. C. Molloy, Q.C., has been appointed Senior Crown Prosecutor for the County Kildare.

Mr. Alfred Hamilton Ormsby has been appointed Junior Crown Prosecutor for the County Kildare.

COURT PAPERS,

COURT OF BANKRUPTCY.

ADJUDICATIONS IN BANKRUPTCY.

[The dates of Adjudications are first given, the Sillings follow in italics.]

DUBLIN.

Aronovitch, Maurice, and Solomon Aronovitch, of 20 Upper Cecil-street, and formerly of 16 John-street, in the city of Limerick, itinerant drapers, trading as "Aronovitch Brothers." December 9; Tuesday, January 6 and Tuesday, January 20, 1891. Michael Larkin & Co., solrs. Gooney, Mary, of Main-street, Thurles, in the county of Tipperary, draper, spinster. December 9; Tuesday, January 6, and Tuesday, January 20, 1891. Michael Larkin and Co., solrs.

TITLE OF MATTER

COUNTY

PROFIT RENT

SOLICITOR

DAMAGES UNDER LORD CAMPBELL'S

ACT.-II.

A TRAIN is about to leave, freighted with laughing children going home for the Christmas holidays. The Guard is holding a colloquy with a gentleman in black." "Once more, let me impress on you that, as the passengers are children, it is infinitely better for your employers that if there be any neglect it should be gross neglect-do not apply the brakes, let them be out of order, or what you please, only see to it that there are no mere fractures, in respect of which the infants' next friends would recover smashing damages; the children must be killed outright, so that no damages whatever will be recoverable, for of course, as Porter, M.R, states the settled rule, 'it would clearly be improper for the jury to find a verdict for nominal damages.' "Killed no damages is that, sir, the law of England?" Oh, we must distinguish : no English judge has so declared the law in termsbut our judges are quite unanimous, quite unanimous, I assure you, in their interpretation of the English law, and we may take it that their decisions on this subject, as Mr. Bevan is kind enough to recognise, 'seem consistent with reason and principle.'

66

One would imagine that, while repudiating the existence of any analogy between actions under Lord Campbell's Act and actions for seduction, in which latter, on the question of loss of service, fiction has taken the place of fact, the Courts were assuming the existence of an analogy between them, and for that reason foisting, without any amelioration, into actions under Lord Campbell's Act that requirement of proof of loss of actual service which had been ameliorated into a fiction in actions of seduction. Only that, instead of proof of loss of actual service, proof of actual pecuniary loss is what is demanded. And so it is that it has come to pass that, as illustrated in the supposititious instruction to the railway guard, Lord Campbell's Act has failed to wholly redress the old anomaly that if a person had been injured only to a slight degree the wrongdoer was liable in heavy damages, whereas if the injury had been so great as to be fatal the wrongdoer entirely escaped liability.

Now, in Hull v. G. N. Ry. Co. (24 Ir. L, T. Rep. 101) the action was brought by a daughter, who was a laundress, for injury resulting from the death of her mother; and it appeared that the deceased had resided with the plaintiff, by whom she was boarded and lodged, and that she assisted in the laundry, and in looking after the house; but, there was no evidence that the pecuniary value of the services rendered by the deceased exceeded the cost of her support. The verdict, rendered for the plaintiff, was set aside, and a new trial was directed, the Court holding that, as there was no evidence from which the jury could reasonably come to the conclusion

that the value of the services was greater than the cost of support, the plaintiff, on whom the onus lay, had not proved pecuniary loss. But, as to this case, FitzGibbon, L.J., said, in Wolfe v. G. N. Ry. Co., "if the evidence in that case was consistent with there being no pecuniary loss, the decision may be right;" but he was inclined to think that there, as in Duckworth's case, the jury should have been deemed more competent than the Court to decide, upon their knowledge of the affairs of life, as to the value of the services as compared with the cost of maintenance. We have ventured, indeed, to comment in the same direction on Bourke v. Cork and Macroom Ry. Co. eleven years ago. And as for Duckworth v. Johnson, then cited with approval, but disapproved or distinguished into nothingness in Hull's case, it was treated throughout Wolfe's case as a case of high and binding authority, Fitzgibbon, L.J., expressly relying on it as disposing of the argument, advanced also in Wolfe's case, that the cost of board and lodging should have been proved, else that there were not adequate materials before the jury to show that there was pecuniary loss, as the boarding and lodging might exceed the value of the services.

It had been further contended, in Wolfe's case, that pecuniary loss must be restricted to the loss of actual money; but, said Porter, M.R., "there is no reason for this suggested restriction of the meaning of the words to be found in the judgments of the courts in any of the cases. Wherever the expression 'pecuniary loss' appears in the cases it will be found to be used as pointing to the distinction between actual damage capable of being assessed in money and sentimental injury; and I am clear that the restricted meaning contended for by the defendants cannot be imposed upon it." It was stated that an opinion had been expressed in the Queen's Bench Division that it was impossible to see how the death of a child of ten years of age would cause any pecuniary loss to the parents. But, said O'Brien, C.J., "A child of nine or ten in some instances, having regard to its mental and physical development, may be far more serviceable and valuable to its parents than a child of twelve or thirteen who is not so developed." "In the present case," he said, "there was an immediate loss of services, valuable according to a pecuniary standard. Not that I intend to lay down that the jury, in assessing the damages, should assess them on the basis that the services rendered by the daughter were worth to the parents precisely the amount of the wages paid to the former or present servant; but I think there was evidence which would justify a jury in arriving at the conclusion that the daughter, notwithstanding that the cost of her keep had been, by reason of her services, an appreciable pecuniary benefit to her parents, The fact, then, that services of such a nature were rendered by the daughter, her past filial conduct and dis