COSTS-Different kinds-Gross sum-Set-off-Scale of Costs Taxation-Enforcing payment-Staying suit Page. 35-40 40-41 44-50 50-52 DECREES-Kinds of Charge on lands-Interest-Consent of EXAMINATION CHRONICLE. [EDITED BY WILLIAM HEMINGS, Esq., Barrister-at-Law.] EXAMINATION CHRONICLE OFFICE, 5,WESTBOURNE-ROAD, ARUNDEL-SQUARE, BARNSBURY, N. WHERE ALL ORDERS AND COMMUNICATIONS MUST BE SENT.) Post-Office Orders to be payable at Chancery-lane Post Office to John Lane, of No. 5, Westbourne-road, Arundel-square, Barnsbury, London, N. Printed by SAMUEL TAYLOR Graystoke-place, Fetter-lane, London. NOTICES TO CORRESPONDENTS. All communications (strictly Editorial) may be addressed to the Editor, WM. HEMINGS, ESQ., Barrister-at-Law, 6, Symonds' Inn, Chancery-lane, London, W.C. Every other Communication to be addressed to the EXAMINATION CHRONICLE Office. ALTERATION OF ADDRESS.-The address of the EXAMINATION CHRONICLE is now No. 5, Westbourne-road, Arundel-square, Barnsbury, N.; to which place all future communications, relative to subscriptions, &c., should be made. VOL. VI.-The sixth volume of the EXAMINATION CHRONICLE is complete, and may be bound. The volume ended with p.352. The remainder of "Intermediate Examinations," which could not be inserted in last number, is given in the present number. We do not supply cases for binding. The covers of each number may be placed at the end of the volume, or be omitted, as may be wished. Their contents, however, are comprised in the Index. "Legal Reasons Why" (Equity Principles) not being complete, no index is furnished thereto, but a Title and Table of Contents are given. Subscribers will find a full notice in the last number as to the binding of the division of "Legal Reasons Why." The notice precedes the "Table of Contents." ARREARS OF SUBSCRIPTIONS.-We must request those subscribers who are in arrear to pay up their subscriptions. We are glad to say that they are not now many in number, though some are considerable in amount. We have found during the last year a greater willingness than formerly to pre-pay, and we trust this will continue to be the case, as we are sure it is more satisfactory than getting into arrear, both for ourselves and also for the subscribers. It certainly prevents the great unpleasantness which is apt to arise when subscribers are called on for a large amount of arrears. WILLIAMS' EXECUTORS.-The sixth edition of this work has just been published in 2 vols., price £3 15s.- -a price which will necessarily limit the sale, and doubtless bring a more reasonable work into the market. LEADING CASES IN EQUITY.-The new 3rd edition of this work, by Messrs White and Tudor, has very recently appeared, at the very great price of £3 10s. LEGAL REASONS WHY.--The paging will run on until the present division of "Equity Principles" is finished, which will be in a very short time. We have in view, on commencing another division, to adopt an alphabetical arrangement, which will offer the advantages of the matters being accessible, both during the course of publication and afterwards, and render an index unnecessary. To the present division, an index will be indispensable, and will, of course, be given. INNS OF COURT HOTEL.--We understand there is a scheme for the revival of this failure, and such of our readers as may wish for further information, are referred to a publication called the Investor's Guardian, and if that is not available, then an extract therefrom may be seen in the Solicitors' Journal for 15th Dec., 1866, p. 162. LEGAL CHANGES.-Lord Justice Knight Bruce having retired (soon after which he died), Sir Hugh Cairns was appointed Lord Justice of Appeal in his place (Sir Hugh having been Attorney-General, in which office he was succeeded by Sir W. Bovill), his co-Lord Justice being Sir George Turner, and the Lord Chancellor being Lord Chelmsford in succession to Lord Cranworth. Sir William Erle, having resigned the Chief Justiceship of the Court of Common Pleas, Sir W. Bovill has succeeded him. V. C. Kindersley having resigned his office, Sir Richard Malins has been appointed a Vice-Chancellor. The present Attorney-General is Sir John Rolt of the Equity Bar (in succession to Sir W. Bovill), and the present Solicitor-General is Mr. J. B. Karslake of the Common Law Bar, for whom a seat in Parliament has to be provided. MOOT POINTS. No. 1.-Managing clerk-Magistrates' courts.-Can a managing clerk, who is an admitted attorney and solicitor, conduct cases before magistrates? Do the words "otherwise duly qualified" apply to the certificate being taken out? And is the taking out of that strictly necessary to enable a clerk to act for his principal. Vide sections 26, 35, and 36, of 6 & 7 Vict. c. 73, s. 26, as to recovery of fees, and the second section of the same Act as to punishment for contempt. —John Sayle, Downham Market, Norfolk. No. 2.-Master beating servant.—A., a labourer, goes to B., a farmer, and engages with him to take his boy C., aged 12, as a labourer on his farm; B., in the presence of both A. and C., says, that if C. enters his service that he shall have a right to chastise him if hé misconducts himself, and that unless that is agreed upon he will not have him. The following Monday C. comes to work. He sometime afterwards disobeyed his master's orders, whereupon B. gave him a thrashing. (1.) Under the circumstances is it it lawful for B. to chastise him? (2.) Could A. make such an agreement whereby he gives B. such an authority? (The mooter wishes to be allowed to state that the authorities he has been looking at differ on the subject, and it is in consequence of this that he has been induced to moot such a point.)—L. LANE, Malmesbury. No. 3.-Damage to houses by explosion.-The house of A. is blown up by the explosion of some gunpowder which was kept therein, and the houses of both B. and C. were also damaged. A. insures in the office of U., and B. and C. in the office of one L. It is proper to state that A. did not keep more gunpowder in his house than what the statute would allow him. In such a case, who is liable for the damage done to the property of B. and C. Supposing, however, the property of B. and C. was not insured, could they bring an action against A. for the amount of damage they have received? -L. LANE, Malmesbury. No. 4.-A applied for 80 shares in a company, and had 50 allotted to him. The directors withheld from 5,000 to 10,000 shares, though the full number stated in the prospectus had been applied for. The prospectus stated that the shares were £10, but that only £5 should be called for. The articles contained a clause providing that a stated interval should elapse between the calls. A meeting was held and a resolution passed authorising the directors to make calls above £5, and without the specified interval. Can A., as a dissentient shareholder, notwithstanding his having received dividends and paid subsequent calls, withdraw from the company and demand repayment of the money paid by him to them. A reference to cases will oblige-ROBERT M'TURK, 38, Victoria-street. No 5.-Husband's liability on wife's contract.-Was the case of Jolly v. Rees, 33 L. J. C. P. 127, correctly decided?— ROBERT M'TURK, 38, Victoria-street, Bradford, Yorkshire. No. 6.-Principal and Agent.-The opinion of correspondents as to the doctrine maintained in the decision in the cases of Cornfoot v. Fowke, 9 L. J. Ex. 297, and Udell v. Atherton, 30 L. J. Ex 337, is requested.-ROBERT M'TURK, 38, Victoria-street, Bradford, Yorkshire. CORRESPONDENTS ON MOOT POINTS.-We shall shortly publish a revised list, as usual, of correspondents on Moot Points, and shall, therefore, be glad to receive corrections, and, in particular, additional names. We are satisfied that if more subscribers corresponded, they would derive great advantages from the system, particularly if carried on systematically. The benefits are both direct and indirect, and hardly require mention, being so very obvious, particularly to articled clerks having any leisure time, and not overburthened with work, or deprived of the advantage of fellow-clerks to join in discussion with them of points arising in business or reading. |