Law; and whereas it is expedient that the said power should no longer exist, and that in all such cases every question of law and of fact, cognisable in a Court of Common Law, arising in the said Court of Chancery, upon which the right of any party to any equitable relief or remedy depends, and whether the title to such relief or remedy be or be not incident to or dependent upon a legal right, should be determined by or before the said Court itself." And the statute then proceeds to enact, "That in all cases in which any relief or remedy within the jurisdiction of the Court of Chancery, and whether the title to such relief or remedy be or be not incident to or dependent upon a legal right, every question of law or fact upon the determination of which the title to such relief or remedy depends, shall be determined by or before the said Court." Since the above Act came into operation the Court of Chancery is bound itself to determine all questions of law and of fact arising out of proceedings before it, and it is no longer competent for it to di rect a trial at law as to any such questions. In an administration suit, a claim carried in was not certified on the ground that it was not legally due. The V. C. having ordered a summons taken out before him to stand over, with liberty for the claimant to bring an action the Lords Justices, on appeal, conceiving that it was obligatory on the Court itself to decide the validity of the debt, discharged that order, but allowed time for each party to adduce further evidence as he might be advised (Baylis v. Watkins, 7 Law Tim. Rep., N. S., 843).

ARTICLES OF CLERKSHIP.

As questions are continually arising in respect of articles of clerkship, we have collected some of the recent cases thereon, and which form a little collection to which our readers may find reference useful from time to time.

UNSTAMPED ARTICLES OF CLERKSHIP.

19 & 20 Vict. c. 81, s. 3.-This statute altered the law as to stamping articles of clerkship. Before that Act, if the stamp required on articles of clerkship had not been affixed within the prescribed period, the Commissioners of Stamps were prohibited from stamping them. But the above Act provides that it shall be lawful for the Commissioners of Inland Revenue, in any case where they shall be directed to do so by the Commissioners of her Majesty's Treasury, to receive a penalty according to a graduated scale, and on payment of such penalty to affix the stamp.

Stamp duty not paid at the time.-Third person promising to pay duty.-Treasury permitting articles to be stamped.-Leave granted by one Court, after refusal of another, to enrol articles nunc pro tunc.— The applicant had been managing clerk to an attorney, who died leaving a widow and young son, who could not carry on the business, and he carried it on in the name of an attorney for their benefit. The son, as soon as he became an attorney, gave applicant, in consideration of his zeal, fidelity, and ability, his articles, and the widow promised to pay the stamp duty, and so he was bound to the son. He was thus obliged to continue in the service, and he remained, in the constant belief that the widow would perform her promise by paying the stamp duty. As soon as he ascertained that the widow could not pay the stamp duty, he obtained money and memorialised the Lords of the Treasury, who granted permission to stamp the articles on payment of a penalty of £40, and they were stamped and enrolled accordingly. On application that the articles be enrolled in the Court of Common Pleas, nunc pro tunc, and service be computed from their date (a similar application having been refused in the Queen's Bench, the C. J. doubting: 6 Law Tim. R. 455). Held, that the applicant being thoroughly competent, and having accounted for his omission to pay the stamp duty at the proper time, by stating that he relied on a promise that the money would be paid for him by the widow, and had gone on in the service in the belief that the promise would be performed, the articles might be enrolled nunc pro tunc, and service be computed from their date. (Exp. Breden, 5 Law Tim. Rep. 496.)

Stamp duty not paid at the time.—Treasury permitting articles to be stamped.-Leave granted for service to reckon from date of articles. -A. in 1856 was articled to his father, an attorney, who, from want of means, omitted to stamp the articles, and the father continued without the means of doing so during the entire period of service. In 1861 the father and son memorialised the Treasury, under 19 & 20 Vic. c. 81, s. 3, to direct the Commissioners of Inland Revenue to stamp the articles on payment of the prescribed penalty. The Treasury so directed, and the duty and penalty were paid and the articles stamped. The articles were not executed speculatively, but with the intention of having them stamped ultimately: Held (Crompton, J., dubitante), that under these circumstances the articles might be enrolled, and the service reckoned from their date. (Anon., 31 Law Journ., Q. B., 33; 5 Law. Tim. Rep., N. S., 579; 8 Jur., N. S., 615.)

Stamp duty not paid at the time.-The money being obtainable out of Court of Chancery.-Service allowed to reckon from date of articles. Where the delay in stamping and enrolling articles was accounted

for by the necessity of applying to the Court of Chancery for increasing funds out of a lunatic's estate, the Court allowed that the service should be reckoned from the date of the articles, and not from the period of enrolment. (Exp. Tayleure, 3 Law Tim. Rep. N. S., 267.)

Stamp duty not paid at the time for want of means to pay duty.Treasury permitting articles to be stamped.-Service reckoned from date of articles.-Where service under articles had been completed, but payment of the stamp duty was not made at the execution, nor at any time during the service, such nonn-payment having been shown, to the satisfaction of the Court, to have arisen from the want of means to pay the duty, the Court granted an application that the service might be computed from the date of the execution on payment of the stamp duty and penalty under the 19 & 20 Vic. c. 81, s. 3. (Exp. Bishop, 9 Com. Ben., N. S., 150; 7 Jur., N. S., 243.)

Omission to stamp in due time.-Penalty paid.-Service to reckon from date of articles.-A clerk, articled in 1844, served his time, but by the neglect of his master the articles were not stamped, and the affidavit of execution required by 6 & 7 Vic. c. 73, s. 8, could not be filed. The articles having been subsequently stamped under the 19 & 20 Vic. c. 81, s. 3, an application to allow the service to be computed from the date of the execution of the articles, and other articles subsequently entered into to be vacated, was granted. (Exp. Norton, 5 Week. Rep. 6; 26 Law Journ., Q. B., 24; 28 Law Tim. Rep. 68.)

Unstamped articles.-Clerk not shown to be ignorant of want of stamp. Where articles of clerkship have not been stamped at the proper time, the Court will not allow the service of the clerk to date from such articles where it is not shown that the clerk was ignorant of the want of a stamp. (Re Hand, 5 Week. Rep. 622, 687.)

Omission to stamp articles.-No blame attributable to clerk. — Penalty paid.-A clerk, articled in 1852, after the six months for enrolment of the articles had elapsed, discovered that they had not been stamped as they ought to have been by his master. In 1854 he entered into fresh articles and paid the amount of stamp. After the passing of 19 & 20 Vic. c. 81, s. 3, upon payment of a penalty, the Treasury allowed the first articles to be stamped, and the duty paid upon the subsequent articles to be returned. Upon these facts, no blame being attributable to the clerk, the first articles were allowed to be enrolled and his service to be computed from their date. (Exp. Hand, 5 Week. Rep. 687.)

Stamping and enrolment of articles.-19 & 20 Vic. c. 81, s. 3.— Before articles of clerkship can be enrolled, they must be stamped. The law requiring the stamp remains the same as before the 19 &

20 Vic. c. 81, s. 3, subject to a discretional power of relaxation thereby given in exceptional cases. (Exp. Williams, 5 Week. Rep. 376; 26 Law Journ., Q. B., 167; 21 Jur. 160; 29 Law Tim. Rep. 65.)

Omission to stamp articles in due time.-Health of clerk the reason for delaying in stamping.-Reckoning service from date of articles.--Although in some cases where the Court can see that delay in stamping articles of clerkship has been unintentional, and it is explained to their satisfaction, they will allow the service to reckon from the date of the articles, they will not allow this when it appears that the delay has been intentional, and in order to ascertain whether the clerk's health will enable him to follow the profession. (Re Welch, 6 Week. Rep. 64; 21 Jur. 1218; 30 Law Tim. Rep. 157.)

Omission to stamp articles in due time.-No default of clerk.Penalty paid under 19 & 20 Vic. c. 81.-A clerk was articled in 1842 to his father, who died in 1845. Three months after the death it was discovered that the articles had never been stamped. The omission could not be accounted for, but it was not occasioned by any default on the part of the clerk, who, till the discovery referred to was made, believed them to have been stamped. In 1858 they were stamped under 19 & 20 Vic. c. 81, s. 3: Held, that the service of the clerk was to be allowed to be computed from the date of the execution of the articles. (Re Fenton, 7 Week. Rep. 162; 32 Law Tim. Rep. 243.)

Omission to stamp articies in due time.-Long intermission of service though engaged in legal matters.-In 1821 P. was articled to his father, an attorney, and served three years and three months, when his father died; at his death, P. finding the articles had never been stamped, placed himself at once in a special pleader's chambers and was called to the bar; subsequently, however, P. became managing clerk to a solicitor, and continued so till 1860. On an application to the Court under the provisions of the 7 & 8 Vic. c. 86, s. 2, to have the articles enrolled nunc pro tunc, so as to enable P. to serve the remaining time under the articles of 1821, the Court refused to grant the application. (Exp. Parker, 8 Week. Rep. 460.)

Palatine clerk-Additional duty-Service from date of articles.Where a clerk had served under articles in order to admission in the County Palatine of Lancashire, and paid the stamp duty of £60 required on such articles, which had been duly enrolled, for his admission in the County Palatine Court, the Court, for the purpose of his admission to the superior courts, granted a rule, on payment of extra duty of £20, for the service to be reckoned from the date of the execution of the articles, and not from the date of the enrolment thereof in the superior court. (Exp. Jones, 5 Week. Rep. 68.)

ARTICLES OF CLERKSHIP.

Application for service to be reckoned from date of articles.-Affidavit in support of application.-Where an application for service to be reckoned from the date of articles is granted, and it subsequently appears that such application was not made upon affidavit, the rule cannot be drawn up; but the Court in such a case granted a second application. (Exp. Williams, 6 Week. Rep. 254.)

AFFIDAVIT OF EXECUTION.

Form of allegation that attorney" duly admitted" omitted.-An affidavit of the execution of articles of clerkship, instead of stating that the master was an attorney "duly admitted," only alleged that he was an attorney, whereby the articles could not be enrolled. Upon an application, wherein it appeared that the omission had not arisen from any fault of the applicant, the service was allowed to date from the execution of the articles. (Exp. Lee, 5 Week. Rep. 20; 28 Law Tim. Rep. 89.)

ENROLMENT.

Time how reckoned.-From execution by clerk.-The affidavit of due execution of articles is filed in proper time if within six months of execution by the clerk. (Exp. Leggett, 21 Jur. 1218; 30 Law Tim. Rep. 157; S. C. as Anon., 27 Law Journ., Q.B., 184.)

Articles not enrolled in due time. --Mistake in computing time for filing affidavit of execution.-Where the application to file affidavit was made a day too late, arising from a mistake as to the date of the articles, the Court allowed the service to be reckoned from the date of the articles, and not from the filing of the affidavit. (Exp. Ellis, 3 Law Tim. Rep., N. S., 268.)

Enrolment of assignment omitted.-A. was articled to an attorney, and served two years, when he was assigned over to his own father, an attorney. A.'s father's memory became impaired, and he died within six months of the assignment, never having made the affidavit required by the 6 & 7 Vic. c. 73, s. 8. The Court permitted the assignment to be enrolled, upon satisfactory evidence being given of the facts which should have been contained in the affidavit. (Exp. Lee, 8 Week. Rep. 541.)

Enrolment of articles.-How six months reckoned.-Execution and date of articles.-Where the father of the clerk executed the articles at Bombay, on the 1st of January, 1853, and inserted the date in the deed, and the clerk and the attorney executed them on the 16th of July following: Held, that the latter was the date from which the time of making or filing the affidavit was to count.—(Anon., 27 Law Journ., Q.B., 184; 21 Jur. 1218).

ASSIGNMENT OF ARTICLES.

Bankruptcy of attorney.-Where an attorney had become bankrupt