JOINT-STOCK COMPANIES' LAW to the complainant or otherwise at the option of the JOURNAL. Summary. court. Another clause, D, also provides that the SOLICITORS' JOURNAL. Summary. COMMON LAW PRACTICE.-A misdirection has been held in the York, &c. Rail. Co. v. Crisp, 23 L. T. Rep. 78, to be, where a judge leaves a question to the jury about which there is no dispute and no evidence, and the jury find a wrong verdict. "What is the judge for," said Jervis, C.J., "but, when the facts are perfectly plain, to tell the jury how to find." A company, completely registered, by deed Master to have rightly done so. Where the secretary of a company had ordered prospectuses, which were delivered at the office and there kept, the plaintiff having executed previous orders for the company for which he had been paid, the company was held to be liable, although there was no proof that they had been used by the company: (Levy v. The Metropolitan A Cab Company, 23 L. T. Rep. 67.) : The terms upon which a member of a building society may redeem his mortgage-and, indeed, if he may do so at all-is a question which, so far from being decided, appears to grow more confused and difficult with every new case; and in vain have we sought to eliminate from the decisions anything like a principle which might serve as a guide to our readers. In the case of Fleming 7. Self, 23 L. T. Rep. 63, the directors had passed a resolution that the society should terminate in eleven years. That term having expired, a member who had mortgaged filed his claim to redeem. He had bought his shares previously to the passing of the resolution. The Court held very properly that the directors had no power to pass such a resolution, and that the plaintiff must be taken to know that it was invalid. A rule of the society declared that, if any member wished to satisfy his securities and should give notice, the directors should give him the same proportion of profits per share as was allowed on the withdrawal of unpurchased shares. Nevertheless the Court held him not to be entitled to redeem as having made all such payments and to have such bonus as profits. The only decree the Court would make was to direct an account of what would become due for subscriptions, taking into account the possible duration of the society. But how is the Master to ascertain this? It depends upon the regular payment of the subscriptions. If any losses should be incurred, the society would require a longer existence; good investments, on the contrary, would abbreviate it. It has occurred to us whether in these cases it would not be the fairest course for all parties, equally for the society and for the mortgaging member, to permit a mortgagor to redeem at any time, on payment of the sum remaining due, after deducting his redemption subscriptions paid, with simple interest thereon, leaving to the society the benefit of any compound interest which may have accrued: of course, the member still to remain such, but in the character of a lending and not of a borrowing member. Has this not suggested itself to the managers of these societies, or to the Judges who have had to adjudicate on the claim to redeem? It has been held in Williams v. Trye, 23 L. T. Rep. 72, that shares in railway and other incorporated companies not guaranteed by Government, are not within the Stock-Jobbing Acts, 7 Geo. 2, c. 8. have been allowed, if in the bill, yet the solicitor is not allowed to substitute a bill in tarable shape for that delivered in a supposed more agreeable shape; and the client takes advantage of him accordingly, with the express sanction of the Taxing-master and the courts. This is nothing short of legalised robbery. Whilst the law remains as it is, the client should retain the right of taxing any bill; but, unless the latter is duly signed by the solicitor, the solicitor should have the opportunity of substituting a signed bill for taxation(by way of check) with the original bill. A solicitor the Master probably having the right of comparing it has three separate matters of business (being in large practice) requiring his absence for separate clients in a distant town. For his own reasonable convenience, he appoints them all for a particular day, and transacts them accordingly entirely to the satisfaction of his clients, who understand him to have gone each upon his own business. If this comes before the Taxing-master, he allows only one-third of the expense in each case. Can there be greater tyranny? What have the several clients to complain of? What is the advantage of a large practice? As well might An important construction of the City of Lon- the expenses of the solicitor's establishment be apdon Small Debts Act has been made in Chaplin v. portioned in some way amongst his several bills. If Levy, 23 L. T. Rep. 81, where it was held that, to this case were practically of frequent occurrence in give a plaintiff costs in the Superior Court, in an taxation, solicitors would be obliged to introduce a action on contract, where less than 20%. is reco-friend in duplicate cases, to their own disadvantage vered, the judge's certificate must be given forth- and that of their clients. A. is a young man with; but where a sum between 20/. and 50%. is recently started, with no natural tact or intellirecovered, the certificate may be given at any The Ex. has decided the same point as the namely, that it is not imperative upon the judge to amend the proceedings at the trial; it is wholly in his discretion: (Ritchie v. Van Gelder, RAILWAY AND CANAL TRAFFIC REGULATIONS.Mr. Cardwell's Bill for the better regulation of the traffic upon railways and canals has been printed, with the amendments made in committee and upon recommitment. The Bill as it now stands consists of seven clauses. The Bill now asserts that it is the duty of railway companies to make arrangements for receiving and forwarding traffic without unreasonable delay, and without partiality. The clause A, which was inserted in committee, and now stands the third in the Bill, provides that parties complaining that such reasonable facilities have been withheld may apply by motion or a summons to the Superior Courts; and the courts which have power to institute inquiries shall, after receiving the report, issue a writ of injunction or interdict, which is to be complied with on the penalty not exceeding 2007. per diem after the day named in the order. The penalty is to be awarded 23 L. T. Rep. 81.) convenient time after the trial is over. LAW OF EVIDENCE.-B. had placed oysters in Correspondence. I SOLICITOR-TRUSTEES.-The decision in Re Taylor, himself acted as solicitor on the sale? This strict rule W. B. REMUNERATION OF SOLICITORS. -Taxation is injurious both to solicitor and to client, inasmuch as it compels the solicitor to go the long way to work (vulgarly, to make business) in order to show a schedule of vexatious items to entitle him to remuneration. E.g. a client brings a will to be advised on: there are points requiring consideration, but which, after due consideration, a competent solicitor may pronounce on if he advises himself, he is not entitled strictly to a sixpence for his skill and labour; but, if he hands over the will to a boy to copy in the shape of a case, sends it to his agent, and so on to counsel, copies and shows the opinion to his client, &c., the latter has to pay, after much delay, 5l. or 67. for what the solicitor would have furnished, much more to their mutual satisfaction, for (say) 21. 2s. (Of course there are cases requiring counsel.) A solicitor who does not so "make business" is always at the mercy of his client. If the latter, after the bill is sent in, containing remunerative charges for skill and labour actually performed, but not in the shape of made-business, requires the bill to be taxed, the Master mercilessly disallows everything not strictly an item, and will listen to no argument on behalf of the poor solicitor. This exposes a point of gross unfairness to the latter. Supposing all the items would gence, and would gladly pay upon that scale; yet he is not en- farmer, who took his idea of the value principally EN add that I am perfectly sure that clients are irritated at the items much more than the amount of the bill; in many cases a round sum of higher amount would be cheerfully paid. Solicitors in this neighbourhood are getting into the habit of making a round charge for conveyancing, &c.; and I myself, in miscellaneous bills, have adopted the plan of writing out the items without charge, and charging the total amount at foot, which I have found satisfactory. AN OLD PRACTITIONER. CURIOUS CASE OF KNIGHTHOOD.-Sir Samuel Bignold, who was knighted by her Majesty at the levee on Wednesday, met the corporation of Norwich (of which city he is mayor) on Friday, and narrated the somewhat singular circumstances under which he obtained the honour of knighthood. It appears that he was commissioned by the corporation, of which he is the head, to convey to her Majesty an address on the subject of the Eastern war, breathing most loyal views and expressing the fullest confidence in the course her Majesty had adopted. He was introduced by Mr. Peto, M.P., his card of presentation bearing the words, "The Mayor of Norwich." After receiving the address, her Majesty inquired the mayor's name. On learning it, her Majesty commanded him to kneel, and there and then he rose "Sir Samuel Bignold "-thunderstruck, as he says, with the honour so unexpectedly conferred upon him. The citizens of Norwich are highly pleased with the circumstance, which they regard as a graceful compliment to their ancient city. LORD BROUGHAM'S NEW BILL ON PROFESSIONAL REMUNERATION.-Lord Brougham's new Bill on professional remuneration has just been printed by order of the House of Lords. The object of the Bill is to extend the Act 8 & 9 Vict., c. 119, to the case of deeds, &c. By the Act in question it was provided that, in taxing any bill of costs for preparing and executing a deed on the conveyance of real property, the taxing-officer should, in estimating the sum proper to be charged, consider not the length thereof, but only the skill and labour employed and responsibility incurred in the preparation thereof. It is now proposed to enact that, in taxing any bill of costs for preparing or executing any deed, will, or other instrument in writing, it shall be lawful for the taxing officer, and he is required, in estimating the proper sum to be charged for such transaction, to consider not the length of such deed, will, or other instrument, but only the skill and labour employed and the responsibility incurred in the preparation thereof. The Act is not to extend to Scotland. LAW STUDENTS' JOURNAL. QUESTIONS AT THE EXAMINATION. Easter Term, 1854. I. PRELIMINARY. 1. Where, and with whom, did you serve your clerkship? 2. State the particular branch or branches of the law to which you have principally applied yourself during your clerkship. 3. Mention some of the principal law books which you have read and studied. 4. Have you attended any, and what, law lectures? II. COMMON AND STATUTE LAW, AND PRACTICE OF THE COURTS. 5. What should appear by an affidavit in support of an application to proceed against a defendant within the jurisdiction, as if personal service had been effected? 6. In what cases may a special indorsement be made on a writ of summons of the particulars of the plaintiff's claim, and what is the consequence of an omission to make such indorsement, should the defendant not appear, having been served with the writ? 7. What are the modes of proceeding in a town cause by which a defendant can compel the plaintiff to proceed to trial after issue joined, and how soon after issue joined can such proceedings be taken? 8. If a tender be made and refused before action, what steps should be taken to prevent the party availing himself of it by plea in any action to be afterwards commenced? 9. Is there any, and what, restrictriction to a husband's liability for the debts of his wife contracted before marriage? 10. In an action against executors for a debt due by their testator, which of the executors should be joined as defendants? 11. Name the contracts required to be in writing by the 4th section of the Statute of Frauds. 12. What circumstances will render a contract for the sale of goods for the price of 207. or upwards valid, if no memorandum in writing of the bargain be made and signed by the parties? 13. The payee of an inland bill of exchange dishonoured is desirous of enforcing payment against the drawer; what inquiries should be made by his attorney to ascertain that his cause of action is complete?" 14. What is put in issue by the plea of never indebted to an indebitatus count for goods sold and delivered? 15. Within what time ought notice of the dishonour of an inland bill accepted for value to be given to the drawer and indorser by the holder? 16. What liability does a factor incur by the receipt of a del credere commission? 17. What things are by law privileged from distress for rent? 18. Who should be named as a plaintiff in writ of ejectment, and to whom by name should the writ be directed? 19. What is the mode by which a defendant in ejectment may, if he think proper, limit his defence to part of the premises sought to be recovered? › III. CONVEYANCING. 20. Taking an estate tail as one kind or class, what are the different kinds or classes of estates which may be limited or created in lands and hereditaments? 21. What are the words of limitation properly to be used in a deed in creating each respective class? 22. If land be devised by will or limited by deed to A. for life, with remainder to his right heirs, what estate does A. take? 23. How is an estate tail now to be barred by a tenant in tail in possession? 24. Under what circumstances can a tenant for life in possession cut timber for his own benefit? 25. What is the mode by which the dower of a wife married since 1st Jan. 1854, may be barred by her husband? 26. Is a purely voluntary settlement good against a purchaser or a mortgagee for valuable consideration who has notice of it? 27. What is the difference between the covenants for a title usually and properly inserted, and to be entered into by a mortgagor in a mortgage-deed, and by a vendor in a conveyance to a purchaser of real estate? 28. In making a mortge of a leasehold estate, how would you protect the mortgagee from liability to pay the rent and to perform the covenants in the original lease? intestate; who is competent to release the mortgage29. A. makes a mortgage in fee to B.; B. dies debt and reconvey the estate to the mortgagor? and if the mortgage had been for a term of years, answer the same question under the same circumstances. execution of a will since the Act 7 Will. 4 & 1 Vict. 30. State the formalities requisite for the due c. 26. 31. Previous to that Act, how many witnesses were required to a will devising real estate? 32. When land is devised to A., without words of further limitation, what estate passes? 33. To whom will a lapsed devise of real estate in a will made since 1st. Jan. 1838 pass? 34. A., seised and possessed of real and personal estate, dies intestate, leaving a widow, an eldest son, two daughters, and two grandchildren (the issue of a younger son); on whom do his real and personal estate devolve, and in what shares and proportion? IV. EQUITY AND PRACTICE OF THE COURTS. 35. Have any recent alterations been made as to parties to a suit in equity? If so, state your authority, and give one or two examples. 36. What are the modes of emanating proceedings in the Court of Chancery at the present time? 37. How is a defendant brought before the Court? 38. If a defendant file an answer to the plaintiff's bill, without being required to do so, what time has the plaintiff to amend his bill "as of course "? 39. When is the proper time, in a suit commenced by bill, for a motion for a decree? What notice of it must be given; to whom is it to be given; and what parties does it bind? 40. How is evidence given and taken in the Court of Chancery, and by what mode of taking evidence do you consider the truth is arrived at the nearest ? 41. What is a commission to examine witnesses, or to take pleas, answers, disclaimers, or examinations, and in what cases is it necessary? 42. What is an injunction? When is it to be applied for; how is the application to be supported; how is it put in force, and how dissolved? 43. What proceedings in the Court of Chancery operate as lis pendens, and how do you avail yourself of them? 44. A testator, by his will, charges his real estate with payment of an annuity and the legacies given by his will. The personal estate is absorbed, and the real estate is insufficient to keep down the payments of the annuity. What is the effect upon the annuity and legacies under these circumstances? 45. Is an executor justified in paying a debt of his testator which is barred by the Statute of Limitations? 46. If it become necessary in a suit by a husband, on behalf of his children, to which his wife is not a party, for the wife by her next friend to intervene by way of petition, and the husband oppose the prayer, and appeal from the order made in accordance with the petition, and the appeal be dismissed; how are the wife's costs to be provided for? 47. What security can a husband and wife give upon a property to which the wife is entitled on the happening of a future event? 48. If a marriage settlement be lost or destroyed, how is it possible to carry out the trusts? 49. What protection is afforded by a Court of Equity to infants? V. BANKRUPTCY, AND PRACTICE OF THE COURTS. 50. What is the difference of jurisdiction in bankruptcy and insolvency, as respects the persons subject to such jurisdiction, and the liability of their futura effects? 51. What are the three conditions required to con stitute a bankrupt? ༈ ‛༼ ༽ 52. State the principle which determines, whether person is a trader within the meaning of the Bankrupt Laws, in respect of the extent of trading. 53. Enumerate the different acts of bankruptcy. 54. What new acts of bankruptcy were created by the statute 5 & 6 Vict. c. 122. 55. If a debtor liable to the Bankrupt, Laws has not committed an act of bankruptcy, how can he be proceeded against, in order to make him a bankrupt? 56. What is the effect of a declaration of insolvency? And within what period must a petition founded thereon be filed? 57. Can an act of bankruptcy be committed by party after he has left off trading? And if so, is the crued, in any, and what particular, material? period at which the petitioning creditor's debt a act of bankruptcy be proved against each partner, or 58. In an adjudication against partners, must an will the act of bankruptcy of one of sucky partners be sufficient? 59. Is a conveyance or assignment of all a trader's any, and what, exceptions or conditions? property deemed an act of bankruptcy, or are there 60. After what lapse of time, from an act bank be made a bankrupt on that act of bankruptcy? ruptcy committed, does a trader cease to be liable to 61. Are there any, and what, means by which & trader can effect an arrangement with his creditors, and be discharged from his debts, without a petition for an adjudication in bankruptcy, or proceeding under the Insolvent Debtors' Act? 62. What particulars are necessary to be stated in an affidavit or deposition, to prove a debt under an adjudication? or separate creditors on the joint, estate? If so, har 63. Can joint creditors prove on the separate estate, can they interfere in the proceedings of the barkruptcy? 64. If a bankrupt be possessed of leasehold property by his assignees to be of any value, what course should at the time of his bankruptcy, which is not considered they adopt in reference to the leases? 1 VI. CRIMINAL LAW, AND PROCEEDINGS BEFORE JUSTICES OF THE PEACE. 65. What is an indictment? 66. Into what three classes are indictable offence generally divided? 1 67. Describe, shortly, the nature of the proceedings by which a person charged with an indictable offence may be brought before a justice of the peace, and committed for mmitted for tent Act of P regulates the proceedings of justices with reference to persons charged with indictable offences? 69. What are the courts at which indietable offences are usually tried in each county, and how often are they respectively held? 70. Mention some of the offences which Courts of Quarter Sessions have no power to try, and the statute which defines those offences? the second degree, and an accessory before the fact? 71. What is the difference between a principal in 72. Are there any indictable offences in which there the reasons for your answer. can be no accessories? if so, what are they? Give 73. What is the difference between Murder-Mancide? Give instances exemplifying your answer. slaughter-Justifiable Homicide--and excusable Honi murder or manslaughter to describe the means by 74. How far is it necessary in an indictment for which the offence was committed; and what recent of such indictments? statute has lately been passed to simplify the forms 75. Define the offence of larceny at common law. receive money from a third person on account of his 76. If a servant in the course of his employment master, and fraudulently appropriate it to his own use, of what offence is he guilty? 77. Describe the offence of perjury, and say how is punishable by the common law, and by statute. forged instruments. 78. Define the offence of forgery, and uttering 79. What is the ordinary evidence required to prove guilty knowledge in uttering a forged instrument? LAW STUDENTS' MUTUAL CORRESPONDING SoCIETY, ESTABLISHED AT NORWICH, APRIL 1853FIRST ANNUAL REPORT.-The committee, in presenting to the members this their first annual report the proceedings and progress of the society, have great pleasure in being enabled to congratulate them up the permanent establishment of an organised system of intercommunication amongst articled clerks. Your committee feel that to enumerate the many advan tages accruing to the law intercourse with his fellow student from metu quite an act of supererogation; but nevertheless they would urge upon all the consideration of those advantages which they regret have at present received so little attention at the hands of the junior members of the Profession. Yest committee deem it advisable briefly to: advert to the A ༞ cut them up without knowing they were not 1000, 108.; not exceeding 1500l., 158.; not exceeding 20007., 1.; not exceeding 3000l., 17. 10s.; not exceeding 4000l., 27.; exceeding 4000l. and upwards, 21. 58. WRECKS AND SALVAGE.-A Government Bill for the amendment of the law relating to wrecks and salvage has been printed. It contains six clauses, which provide that the Receiver-General is in future to conform to the directions of the Board of Trade, and that after the next vacancy the office in question will not be filled up, but its duties and functions transferred to the Board of Trade. Officers of the Customs, or of the Inland Revenue, are to be appointed to act as receivers; and the provisions of the Salvage Act, 9 & 10 Vict. c. 99, are extended to Scotland. A scale of fees is also affixed to the bill, and all sums thus received will be carried to the should as yet have joined the society; but, as they written paper respecting the work. It was pro- Mercantile Marine Fund, and a separate account kept duced, and ran thus: "I agree to build eight cabins on board the American Lass for 401." It was in UNAUTHORISED NEGOTIATIONS BILL.-This Bill, presented by Lord Campbell, and appointed to be read a second time in the House of Lords next Monday, recites that by the law of nations intercourse between independent nations respecting the political acts of their Governments ought to be carried on only through the Governments, or through the agency of ambassadors or ministers, and it is expedient that the observance of this law should be enforced distinguishing features and objects of this society, in the hope of attracting the attention of those articled clerks who are not at present aware of its existence. It is designed-first, as a means of friendly intercourse, and for the purpose of engendering feelings of manimity and friendship amongst articled clerks; secondly, to supply the wants of a debating society small town, by affording a medium for the written discussion of moot points, and the composition of essays; and, thirdly, by the same means, to furnish opportunities to the student to apply principles to practice, and thus assist him in obtaining a practical knowledge of his profession. It affords much satisfaction to your committee to state that the society now numbers upwards of thirty members; but still, In an action for work and labour, &c. it apconsidering the number of law students in the king-peared, on cross-examination, that there was a dot, they cannot but feel some surprise that so few hope that this has arisen chiefly from ignorance on the part of the Profession, either of the existence or objects of the society, they trust, by the publication of this report, to bring the society more generally be fore that numerous body for whose benefit it has been established, and that this increased publicity may be followed by a considerable and speedy accession of members. With regard to the financial position of the society, your committee have to report that, finding it impossible to carry on the society with the revenue arising from the subscriptions originally proposed, they have found it necessary to call upon each defendant applied for leave to plead alien enemy.proceeds to make it a misdemeanor if a British subject of its members for the payment of an annual subscription of 2s. 6d., in addition to an entrance-fee of 28. 6d. payable on admission. Your committee, with the view of adding to the stability and importance of the society, recommend that it should not be confred exclusively to articled clerks, as they consider that the interests of the society would be materially consulted, if solicitors could be induced to give it their countenance and co-operation, by becoming honorary or ordinary members; and, in furtherance of so desirable an object, propose that solicitors be invited to become honorary members upon payment of a donathan of half a guinea, or an annual subscription of 5, or ordinary members upon the same terms as the other members of the society. Your committee cannot neglect this opportunity of expressing their thanks to the Editors of the Law Stadents' Magazine, for the kind and friendly manner in which they have at all times assisted them with their advice; and also for gratuitously inserting the papers of the society in the Magazine. The Editor of the LAW TIMES is also entitled to the thanks of the society, for the insertion of the letters which have been written to him by your secretary. CHARLES R. GILMAN, Hor. Sec. St. Giles's-street, Norwich, 9th April, 1854. 3 COUNTY COURTS, Summary. ANOTHER question has arisen as to what is a carrying on of business within the jurisdiction. A surgeon lived within the B. district and attended patients daily within the C. district. He was held to be carrying on his business within the jurisdiction of the C. court, within the meaning of sect. 128, so as to disentitle plaintiff to his costs: (Mitchell v. Hender, 23 L. T. Rep. 83.) Queries on Points of Practice. Ca. A JUDGMENT-INTEREST.-Can any reader inform me the handwriting of defendant, but signed by An interesting case in the Law of Bills should THE NEW STAMP DUTIES. The following are the resolutions to be proposed by the Chancellor of the Exchequer on Monday next:1. That from and after the day of 1854, in lieu of the stamp duties now payable on the bills of exchange, drafts, or orders, and promissory notes, for the payment of money hereinafter mentioned, or any of them, there shall be granted and paid upon the several bills, drafts, or orders, and promissory notes hereinafter respectively described, the following stamp duties (that is to say): Inland bill of exchange, draft, or order for the pay- Foreign bill of exchange, drawn in, but payable in sets of three or more, for every bill of each set, Foreign bill of exchange, drawn out of the United Foreign bill of exchange, drawn out of the United Promissory note, for the payment, in any other Promissory note, for the payment, either to the bearer on demand or in any other manner than to the bearer on demand, of any sum of money exceeding 100l. and not exceeding 2004., 2s.; not exceeding 3001, 3s.; not exceeding 400l., 4s.; not exceeding 1.500l., 5s.; not exceeding 7501., 7s. 6d. ; not exceeding by the municipal law of this realm. The Bill then shall, without the authority of the Crown, or leave in writing from a Secretary of State, present to a foreign potentate or Government any address from British subjects touching any act of either Government, or touching any negotiation on public affairs pending between the two Governments, or the policy to be pursued on public affairs between them; or shall, representing any portion of the Queen's subjects, by any other means enter into any negotiation, correspondence, or intercourse with any such potentate or state, touching any of the matters aforesaid. THE BANKRUPT LAW CONSOLIDATION ACT.-A paper has just been printed by order of the House of Lords containing a return of Mr. Fraser, one of the official assignees of the Court of Bankruptcy for the Manchester district, showing the state of every bankruptcy under his charge. The return contains the names of eighty-two bankrupts. The cause of failure In was generally from bad trade and losses in trade. three instances the failure occurred from the parties absconding. COURT PAPERS. COMMON LAW CAUSE LISTS. NEW TRIAL PAPER. Middleser-Reg v. Inhabitants of Bengeworth, Worcestersh. NEW TRIALS. Mored Easter Term 1854. Middlesex-Taylor e. The Crowland Gas Company Amor . Masters Gray and another v. Willicombe Burge r. Same Holt v. Robertson London-Evans v. Earle Arnold v. Hamel and Edgbaston-G. P. Wragge, Birmingham; A. B. Cow- Kay, John Dunning, 11, Union-square, Islington; and Leeds Keighley, Samuel Jagger, Compton-street, East; Halifax; Theobald v. The Railway Passengers' Insurance Lacey, William Manning, 52, Upper Norton-street, Portland- Evans v. The Royal Insurance Company . The London and North-Western Winchester-Thomson v. Bell Northampton-Vasing v. Watson Lincoln-Smith v. Codd Derby-Morten v. Laken Weeks v. Read and another Stafford-Caddich and another v. Haines and others Stevens v. The Midland Railway Company Bala-Davies r. Jones Mold-Lloyd v. Humphreys Wynne and others v. Pierce and others Chester-Jervis v. Tomlinson and others Cardigan-Hughes e. Evans. The demurrers and special cases will be taken on Monday, the 8th May, after the revenue cases. ATTORNEYS TO BE ADMITTED. Addison, Thomas Russell, 40, Holford-square, Pentonville; and Soham-Articled to T. Hustwick, Soham Addison, William Richard Oliver C., 40, Holford-square, Pentonville; and Soham-T. Hustwick, Soham Alder, William, 55, Herbert-street, Hoxton; and Hurstburne Tarrant II. Footner, Andover Austin, James, 31, St. Martin's-street, Leicester-squareW. H. Austin, 31, St. Martin's-street, Leicester-square Barker, Charles Henry, 32, Lincoln's-inn-fields-J. Bowker, Gray's-inn-square Beaumont, Robert, Pudsey; and Hastings-C. Clough, Benbow, Clifton, 9. Powis-place, Great Ormond-street; and Chapman, Lawrence Foster, Old Friars, Richmond-B. Field, sham Christie, John, Leeds-R. E. Payne, Leeds place; and Tokenhouse-yard-R. Cole, Upper Nortonstreet Lamb, John Workman, 3, Goulden-terrace, Islington; Soley-terrace; and Worting--G. Lamb, Basingstoke Lindus, Henry William, 5, South-square, Gray's-inn-R.Hare, South-square Lloyd, William Henry, 48. Park-street. Grosvenor-square; Norfolk-street; and Russell-square-W. J. Whyte, Russell-square Marshall, William, Ashton-under-Lyne-J. Brooks, Ashton Phillips, Henry, Trafalgar-square, Brompton-Denton, Kin- Randall, John Henry, Binfield-rectory, Bracknell-G. A. Richards, Watkin, Llangollen- C. Richards, Llangollen Roberts, George Christopher, Kingston-upon-Hull-J. Saxelbye, Kingston-upon-Hull Roberts, Thomas Vaughan, 2, Lower Calthorpe-street; and Oswestry-T. L. Longueville, Oswestry Robinson, Richard, Swaffham-R. Sewell, Swaffham Robinson, Walter, 11, Bolton-street, Middlesex; 11, Park place, St. James's-street-G. Robinson, Wolverhampton Rodwell, Henry Blyth, 46, Lisson-grove North, St. John'swood-E. Norton, Diss; J. Day, and F. Browne, Margaret street Roskans, Henry Godalming-T. Leadbitter, Staple-inn; W. King, Godalming Safford, F. Lawrence Sleath, 10, Whitehall-place; and Hadleigh-J. F. Robinson, Hadleigh; T. Borrett, Whitehallplace. Sangster, Alexander, 11, Kennington-terrace, Vauxhall; and Clegg, Alfred, Manchester W. B. Parker, Jan yr alt Sharpe, Samuel Bates, Frederick-street; Goulden-terrace, Llandulds, Denbighshire Clough, James, Pontefract-W. Clough, Pontefract Cockeram, William Philip, 38, Guildford-street; Calthorpestreet; and Salisbury-H. R. Hodding. Salisbury square; and Enfield-J. Smart, Lincoln's-inn-fields Cooper, Robert, Heigham, Norwich-A. Dalrymple, Norwich Davies, George Thomas, 15, Compton-street East, Brunswick-square; and Ashby-de-la-Zouch-W. Dewes, Ashby-Smith, John William, 44, Great Russell-street, Bloomsbury; de-la-Zouch Denbigh, Joseph Simpson, Bradford, Yorkshire-J. Clayton, D. S. Bockett, Lincoln's-inn-fields Dorman, Thomas, 5, Doddington-grove, West Kennington; and Old Jewry-J. Crosby, Old Jewry Drawbridge, William, 38, Edward-street, Hampstead-road; and Honley-J. C. Laycock, Huddersfield Ensor, Thomas Henry, Worcester-A. Cuthbertson, Neath; T. Barneby, Worcester [Clerks of the Peace for Counties, Cities, and Boroughs with oblige by regularly forwarding the names and addresses d all new Magistrates who may qualify.] The Queen has been pleased to appoint William Ogle Carr, Esq., to be Chief Justice of the Island of Ceylon. The Queen has been pleased to confer the honour of knighthood upon Samuel Bignold, Esq., of the city of Norwich, Mayor of that city, Deputy-Lieutenant and magistrate of the county of Norfolk. The Queen has conferred the honour of knighthood upon Mr. Justice Crowder. The Warburtonian Lectureship at Lincoln's-inn has been conferred upon the Rev. William Goode, M.A., Rector of All Hallows, Thames-street. The Queen has been pleased to appoint Sir William Page Wood, Knt., a Vice-Chancellor; Sir John Taylor Coleridge, Knt., one of the Justices of the Court of Queen's Bench; the Right Hon. Joh Napier; Sir Alexander James Edmund Cock Knt., her Majesty's Attorney-General; Sir Richard Bethell, Knt., her Majesty's Solicitor-General; Sir Thomas Erskine Perry, Knt.; John George Shaw Lefevre, Esq.; Henry Singer Keating, Esq., ons o her Majesty's Counsel; Thomas Greenwood, Eq; James Stewart, Esq.; and Germain Lavie, Esp be her Majesty's Commissioners for inquiring into arrangements in the Inns of Court, and Ins Chancery, for promoting the study of the Law! Jurisprudence, and securing a sound education to the students. The Lord Chancellor has appointed the following gentlemen to be Commissioners to administer 0.48 in the High Court of Chancery in England :-Samuel Stewardof 59, Lincoln's- inn-fields; Lawrence Burst Shrewsbury; Thomas Collins, of Bury St. Edmunds, Suffolk; Thomas Jones Mawe, of 4, New Bridge-street, City; Frederic Hinton, of Lyme Re Dorsetshire; Charles Dod, of 10, John-stret, Oxford-street; Henry William Pinniger, of West25, College-hill, City; Francis Impey, of 12, Belfr bury, in the county of Wilts; George Hensman. Ë row; Philip Rose, of 3, Park-street, Westminster; Henry Elland Norton, of 3, Park-street, Westminster: John Iliffe, of 2, Bedford-row; Alfred Clark of Moulton, in the county of Lincoln; Henry Shepard Law, Bush-lane, City; Joseph Ivimey, Southamp buildings, and Ampthill-square, Hampstead Frederic Morehouse Metcalfe, Wisbeach, Camb shire; John Casley, Guildford-street, Russell-s Edward Mackeson, Lincoln's-inn-fields; Rich r Horn, King William-street, City; William Som Page, Stroud Gloucestershire; and Samuel N. Gissing Bedford. COMMISSIONS SIGNED BY LORD-LIEUTENANTS, KENT.-Cholmeley Edward Dering, Esq., to be Deputy-Lieutenant. NOTICES OF NEW LAW BOOKS. A Treatise on the Contract of Partnership Pothier. Translated from the French, th Notes, &c., by OWEN DAVIES TUDOR, Lar rister-at-Law. London: Butterworths. EVERY Lawyer must be familiar with the B of Pothier, and the alliteration will have ass ciated it in his mind with partnership. He Russell-often cited in our courts, and referred to by text-writers as an authority. But how many those who thus talk about him, write about and recognise him as an acquaintance, have read the book they speak of with so much appr tion? Perhaps this is mainly due to its b law book is as likely to puzzle an Eng written in a foreign language; and a French reader as would an English law book a Froc man. But we have no doubt that our Enz Lawyers would very generally be glad to make more intimate acquaintance with Pothier, if could do so without the trouble of translating Everall, John, jun., 32, Great Coram-street, Brunswick-Tibbits, John, Stratford-upon-Avon; and Newent-W. square; Nottingham; and Wilmot-street-J. Bowley, Nottingham Floyd, Cookson Stephen, jun., Huddersfield-C. S. Floyd, sen., Huddersfield Ford, Egerton, 26, Suffolk-street, Pall Mall; 8, Henrietta-Tugwell, James Edward, 16, Great Ormond-street; and street, Covent-garden-G. S. Ford, Henrietta-street Fowden, Matthew, Cheadle, Chester; 14, Myddleton-square -J. Worthington, Cheadle Gething, Henry, 11, Millman-street; and Grantham F. Malim, Grantham Gregory, Charles, Hampstead - E. Lambert, John-street, Griffith, William, Much Wenlock-A. Phillips, Shiffnal Hernaman, John Rd. Mills, 2, Windsor-terrace, City-road; and Exeter-J. Stogdon, Exeter Hill, Stephen, jun., 18, Percy-circus, Pentonville; and Salisbury-S. Hill, sen., Salisbury Holt, Charles, jun., 250, High Holborn; 35, King-street; 54, Holborn-hill; Coventry-J. Holt, Coventry Jackaman, William Batley, 27, Liverpool-street, King'scross; and Ipswich-S. B. Jackaman, Ipswich James, George Frederick, 7, Hereford-street, Brompton; Devises--W. E. Tugwell, Devises; A. Meek, Devises Waller, William, 8, Stockwell-park-road-W. Bromley, Gray's-inn Welch, John Bunn Kemp, 8, Store-street, Bedford-square; and Poole-M. R. Welch, Poole Wilford, John Charles, 1 Richmond-villas, Islington; and Sunderland-R. Bowes, Sunderland Woolcombe, William John, 14, Doughty-street, Mecklenburgh-square; and Cockington-C. Kitson, Torquay Added to the List pursuant to Judge's Orders. Gongh, Alexander Clement F., New Ormond-street. Sidmouth-street-J. Foster, Wolverhampton; E. H. Richards, Lincoln's-inn-fields Kelsal, Frederick Henry, Chester; and Upper Porchester- Richardson, Edward Taylor, 32, Cloudesley-street, Islington; and Selby-J. L. Haigh, Selby. for themselves; and they will, therefore, thank Mr. Tudor for having performed that labour is them, and enabled them to master the tra reference to a dictionary. of the great French jurist without perpe With the genius of his nation, Pothier is systematic. He starts with an accurate defini of his subject: Partnership is a contract, by which two or m persons put, or oblige themselves to put, someth lawful profit, of which they reciprocally bind th common, in order to make therefrom in couros ■ selves to render each other an account. And this he proposes to treat in the following order: We shall treat in the first chapter of the natur the contract of partnership. We shall enumer the second, the different kinds of partnerships: third, the different clauses in partnership contras We shall examine in the fourth, what are the which our law requires in the contract of partnersti In the We shall treat in the fifth, of the right each of the partners has to the partnership property. sixth, how each of them is bound by debts. In the seventh, of the obligations which arise from the contract of partnership. We shall examine in the eighth, how partnership is dissolved. In the ninth, we shall treat of the distribution of the partnership effects. It is necessary to mark the distinction between Partnership and Community, or Part-ownership. The former is a contract, by which two or more persons agree to put something in common. The latter is when, without any contract, there exists joint ownership, as in the case of coheirs or joint-legatees. Here there is community, but no partnership. "Partnership," says Pothier, "is a contract of natural right which is (would it not have been more correct to say "ought to be?") formed and governed by the rules of natural justice." We presume that by this he means that a contract of partnership ought to be construed equitably, in the absence of positive law to govern it. The essence of the contract of partnership is, first, that each of the parties should bring, or oblige himself to bring, something into the partnership; second, that it should be contracted for the common interest of the parties; third, that the parties propose thereby to make a gain or profit, in which each of the contracting parties espects to have a share, in proportion to what he has brought into it. To this important element of the definition of partnership, Mr. Tudor adds the following note, descriptive of the English law as to what constitutes a partnership. We give it entire, as a valuable review of the decided cases: The cases | In commenting on this number or section Mr. Jastice Story observes, that "Pothier has not, indeed, spoken with his usual clearness or exactness on the subject. But Pardessus has expressed his opinion in the most direct and satisfactory manner. Thus, he says, whenever a merchant, instead of a fixed salary, agrees to give to his agent a certain part of the annual profit, the agent is a letter of his services ander an aleatory condition, but he is not a partner. He cannot make claim in that quality to any proprietary interest in the merchandise bought with the lunds of his principal, although he partakes of the profits thereof. He cannot, at least, without an express stipulation, have any voice in the deliberations of the partnership; and he will not be subjected to the contracts of the partnership in respect to third persons, anless, indeed, he has exceeded his power, and then he is responsible as a mandatory. So when one person aas trusted goods to another, to be sold for him, and has agreed to give him the whole or a part of the price, which shall exceed a certain sum, this will not reate a partnership between them; but only be a alaried mandate, or commission to the agent thus unertaking the business (Pardess., Droit. Comm. tom. v. n. 969; Id. tom. ii. n. 306, 560; tom. iii. n. 702). Duvergier (Droit. Civ. Franc. tom. v. n. 48, n. 56) olds the same opinion, and has reasoned out the grounds thereof with uncommon acuteness and ability. And, indeed, it seems to be the established doctrine of the French tribunals."-Story, Partn. 76. Our own aw upon this subject is similar to the French; the great difficulty, however, has been in ascertaining whether the contract for the payment to a person of a alary, dependent on the amount of the profits, makes he recipient a partner or a mere agent. pon this subject, in which very refined distinctions re taken, are very ably reviewed in 1 Smith's Leadg Cases, in the note to Waugh v. Carver, p. 490; and be learned author comes to the conclusion, that henever it appears that the agreement was intended the partners themselves as one of agency or service, at the agent or servant is to be remunerated by a tion of the profits, then the contract would be condered, as between themselves, one of agency: (Geddes Wallace, 2 Bligh, 270; R. v. Hartley, Russ. & R. 9); but, as between them and third persons, one partnership: (Smith v. Watson, 2 B. & C. 407; -parte Rowlandson, 1 Rose, 91; Green v. Beasley, Bing. N. C. 110; Ex parte Langdale, 18 Ves. 300). t that, if the agent or servant is to be remunerated, by a portion of the profits, but by part of a gross nd or stock which is not altogether composed of the fits, the contract, even as against third persons, will one of agency, although that fund or stock may lude the profits, so that its value, and the quantum che agent's reward, will necessarily fluctuate with ir fluctuation (1 Smith's Leading Cases, 507); and, seems, that where the agent or servant is not to ive a part of the profits in specie, but a sum of ney calculated in proportion to a given quantum of profits, he will not be a partner even as to third soms: (Ex parte Hamper, 17 Ves. 401, 412; Er te Watson, 19 Ves. 461, and see Grace v. Smith, . Bla. 998; Pott v. Eyton, 3. C. B. 32; Barry v. ham. 3 C. B. 64L; Withington v. Herring, 1. & P. 30; Stocker v. Brockelbank, 3 Mac. & Gord. . The option to become a partner and receive a e of the profits, even from a time past, is not of f alone, and while it remains unexercised, suffi BIRTHS, MARRIAGES, AND DEATHS. BIRTHS. BARTON. On the 24th March, at Bombay, the wife of Richard SMITH.-On the 9th inst. at 23, Edith-villas, North-end, Bolton Barton, Esq. barrister-at-law, of a son, stillborn. cient to made him a partner: Gabriel v. Evill, 9 M. & W. 297, Car. & M. 358; Ex parte Turquand, 2 M. D. & D. 340; Wilson v. Whitehead, 10 M. & W. 503.) A person receiving interest or an annuity, fixed as to amount and duration for money lent to a firm, is not a partner, because he has no mutuality in the profits with the firm (Grace v. Smith, 2 W. Bla. 998); but if he received an annuity out of (Bond v. Pittard, 3 M. &. W. 357, 361; Ex parte Wheeler, Buck. 25; Ex parte Chuck, 8 Bing. 469; Ex parte Hamper, CHITTY-WILLES-On the 6th inst. at St. Pancras Church, 17 Ves. 404, 412), or in lieu of the profits of a trade, or determinable on the cessation of the trade (Bloxam v. Pell, 2 W. Bla. 999), or an annuity (Young v. Axtell, cited 2 H. Bl. 242; Ex parte Wheeler, Buck. 25), or rate of interest (Ex parte Chuck, 8 Bing. 469), although it be contingent (Ex parte Wilson, Buck. 48), fluctuating with the rate of the profits, he will be considered as a partner. See Coll. Part 26, 29; Stor. it is held there is a community of profits, the person Part. 98. The reason given why in these cases, when receiving a salary, an annuity, or interest, is considered as a partner, is, that by taking a part of the profits he takes from the creditors a part of the fund which is their proper security for payment to them of their debts: (Waugh v. Carver, 2 H. Bla. 235; Barry v. Nesham, 16 L. J. C. P. 2); and it is upon this ground that a dormant partner, that is to say, one who, without being known to third parties as a partner, receives a share of the profit of a firm, is liable for its engagements: (Robinson v. Wilkinson, 3 Price, 538; Winter v. Crowther, 1 Cr. & Jer. 316.) Fourthly, says Porthier, it is necessary to the validity of a contract of partnership that the business which is its object, and for which the partners associate themselves, should be lawful, and the profit they propose to draw from it a lawful profit. On this again Mr. Tudor observes: Civ. Code of France, 1833, ante, 1. Code of Louisiana, art. 2775. Our law is the same upon this subject, and is now settled that a partnership not only entered into for immoral purposes such as are mala in se, but also for purposes such as are not bad in themselves, but prohibited by the laws of the country, is void. The consequence is, that with regard to transactions arising out of such partnerships, no proceedings can be taken by the parties, either against each other or third parties; for, although, as observed by Lord Mansfield, "the objection that a contract is immoral or illegal sounds, at all times, very ill in the mouth of a defendant, it is not for his sake that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff. The principle being, ex dolo malo non oritur actio." (Cowp. Rep. 343.) It has, however, been held, that a partner who has possessed himself of the property of the firm, cannot retain it by merely showing that in realising it some provision of an Act of Parliament has been violated or neglected; and the court will not refuse to interfere between importers of any article of commerce merely on proof that in its production or exportation some fiscal law of the country of produce has been violated: (Sharp v. Taylor, 2 Ph. 841.) Partners will be liable to third parties, who may contract with them without a knowledge of the illegal or immoral object of the partnership; (Aubert v. Maze, 2 Bos. & Pull. 371.) (To be continued.) LEGAL INTELLIGENCE. RESULT OF THE EXAMINATION.-We have collected the following particulars on the subject of the examiAttorneys in the present Term:-The examination took place at the Law Society's Hall, on Tuesday, the 2nd inst. Master Johnson, of the Court of Exchequer, presided, and the other Examiners (Members of the Council) were Mr. Leman, Mr. Pemberton, Mr. White, nation of candidates for admission on the Roll of and Mr. Williams. The number to be examined was 136, but upwards of 20 did not complete their testimonials of due service, and some who were entitled to attend were absent. The number was thus reduced to 107;-of whom 101 were passed, five postponed, and one received a special certificate on a question submitted to the Court regarding the sufficiency of the service of the clerkship.-Legal Observer. Fulham, the wife of Frederick James Smith, Esq. barristerat-law, of a daughter. MARRIAGES. Thomas Edward Chitty, Esq. of the Inner Temple, to Mary Anne, youngest daughter of the late James Willes, M.D. CUSACK-LEEMING.-On Thursday, the 4th inst. at All Saints Catholic Chapel, Barton-upon-Irwell, by the Very Rev. Canon Kershaw, assisted by the Rev. Robert Gradwell, of Preston, William Cusack, Esq. of Liverpool, merchant, to Elizabeth, only child of Thomas Leeming, Esq. of the city of Manchester, and of Red Cliff House, Barton-uponIrwell, solicitor. SARGANT BEALE.-On the 9th inst. at St. George's, Bloomsbury, Henry Sargant, of Lincoln's-inn, barrister, to Catherine Emma, only daughter of Samuel Beale, Esq. of Russell-square. WOLFE-GUY.-On the 10th inst. at Thames Ditton, Henry J. Wolfe, Esq. H.E.I.C.S. to Catherine, daughter of the late John Guy, Esq. of Hampton-wick. BOXALL, HENRY, carpenter, Guildford, Surrey, May 23, at two, June 20, at one, Basinghall-street. Off. as. Edwards. Sol. Dodd, jun. New Broad-street, city. Petition, May 4. COTTINGHAM, NOCKALLS JOHNSON, surveyor, Argyll-place, Regent-street, May 19 and June 23, at twelve, Basinghallstreet. Off. as. Edwards. Sols. Depree and Austen, Lawrence-lane, Cheapside; and Darvill, Windsor. Petition, April 28. Off. as. EWIN, ROBERT, upholsterer, High-street, Islington, May 18, at eleven, June 17, at one, Basinghall-street. Pennell. Sol. Pain, Gresham-street. Petition, April 29. FEATON, JOHN, draper, Three Colt-street, Limehouse, May 18, at half-past twelve, June 22, at half-past eleven, Basinghall-street. Off. as. Bell. Sol. Goddard, King-street, Cheapside. Petition, May 3. HILL, WILLIAM, and LAWRENCE, THOMAS CAMPION, ship agents, Lime-street, city, May 19, at two, June 23, at one, Basinghall-street. Off. as. Lee. Sols. Ellis and Co. Clement's-lane. Petition, May 4. HIND, THOMAS, joiner, Sheffield, May 20 and June 17, at ten, KITSON, ELY, saddler, Fenchurch-street, May 18, at half-past Gazette, May 12. BREVITT, RICHARD, ironmonger, Coventry, May 23 and June 15, at ten, Birmingham. Com. Balguy. Off. as. Christie. Sols. Dewes, Coventry; and Mottram and Knight, Bennett's-hill, Birmingham. Petition, May 22. SCOTLAND.-Rumours are very rife and very various as to the selection of a judge in the room of the late Lord Cockburn. The Lord Advocate, the Solicitor-CLIFFORD, GOWEN, builder, Strood, Kent, May 18 and June General, Mr. Neaves, who was Solicitor-General under Lord Derby's administration, and Mr. Thomson Gordon, Sheriff of Edinburgh, have all been mentioned in connection with the vacant office; but many of the rumours are quite speculative, and all of them, we have good reason to believe, are premature. The court does not meet until the 20th, and as the second reading of the Educational Bill is fixed for the 12th, it is very possible that the selection of a successor for the deceased judge may wait the eventualities of that evening. 24, at twelve, Basinghall-street. Com. Goulburn. Off. as. Pennell. Sols. Nicholls and Doyle, Verulam-buildings, Gray's-inn; and Morgan, Maidstone. Petition, May 10. CRICKMER, GEORGE, saddler and harness maker, Lowestoft, Suffolk, May 20, at twelve, June 24, at one, Basinghall-street. Com. Goulburn. Off. as. Nicholson. Sol. Burkitt, Curriers'-hall, London-wall. Petition, April 27. ELKINGTON, WILLIAM HENRY, brickmaker, King's-beath, Worcester, May 22 and June 19, at ten, Birmingham. Com. Balguy. Off. as. Whitmore. Sol. Hodgson, 13, Waterloostreet. Birmingham. Petition, May 4. FAIRBOURN, RICHARD, wholesale grocer and provision dealer, Preston, May 26 and June 16, at twelve, Manchester. Off. as. Hernaman. Sols. Cooper and Son, Manchester; and Winstanley and Charnley, Preston. Petition, May 5, GREEN, J. and M. boot and shoe manufacturers, Liverpool, |