NOTICES TO CORRESPONDENTS. All communications (strictly Editorial) may be addressed to the Editor, W. HEMINGS, ESQ. Barrister-at-law, 6, Symonds' Inn, Chancery-lane, London, W.C. Every other Communication to be addressed to the EXAMINATION CHRONICLE Office. INTERMEDIATE EXAMINATIONS.-We have in the present number given the information asked after by so many subscribers as to the books for the ensuing twelve months for the Intermediate Examination. We could not supply the official information earlier, as it did not appear until our last number had been printed. We however mentioned that in all probability the books would be the same as before, which, as will be seen, has turned out to be the case. BANKRUPTCY.-We shall shortly, probably in the next number, give the Bankruptcy Act in extenso, or nearly so, as its provisions, whilst not being too long, are of some importance, but more especially because it renders the ordinary text books imperfect, and we feel that students ought not to be put to the expense of purchasing new editions of works often very expensive. FINAL EXAMINATION.-Can any of your readers who attended the Intermediate Examination held in Easter Term last, kindly inform me the names of the books recommended by the examiner who then addressed the candidates as being useful to them in preparing for their final examination? AN ARTIOLED CLERK. SUMMARY OF DECISIONS.-We have inserted a great many cases lately in order to bring up arrears, and we shall now be able to keep au courant with the law reports as they appear. We do not notice every case, as it is admitted on all hands that some of the decisions are not worth reporting. NEMO. As you have the 13th edition of Sugden's "Vendors and Purchasers" (1857), though this does not contain the very latest statutes relating to trustees, you would do well to read that edition. You need not wait for the new edition of Dart, though the latter is now in the press, but the time of appearance is very uncertain. S. L.-We do not know any better books for the purpose than those by Mr. Williams. As to Mr. Smith's works, comprising his Manuals, there is room for much better works, but as no one appears to supply the deficiency, students must try to make the best of those Manuals. Persons having a good memory will be most likely to profit by them, but nothing can supply the lack of principles, for by principles alone can a lawyer be made. Every practitioner has to meet varying circumstances, which nothing but a mastery of principles can enable him to do with satisfaction to himself and profit to those who consult him. SUBS.-You may, if you please, be examined in Trinity Term, 1869, but you cannot be admitted until the following Michaelmas Term; so that there will be no great advantage in being examined before the latter Term (unless you have any particular object in getting admitted early in Michaelmas Term). On the other hand, the examiners may be stricter with you if examined in Trinity Term, as they do not much approve of candidates being examined out of the regular course. DOG LICENSE.-By 30 Vict. c. 5, s. 8, a penalty of £5 is imposed on anyone keeping a dog without the license required by the Act. Have the magistrates power to impose less than the whole penalty on conviction? There is no clause in the Act giving them such power. [The London magistrates hold that they have power to mitigate the penalty to one-fourth, but not below that proportion. There is a decision to that effect in the Times of the 25th Sept., 1868.-ED.] AN IRRESPONSIBLE GUARDIAN.-Lately at the Lambeth County Court, in a case of Phillips and Others v. White, the plaintiffs, who are contractors for drainage works, sued for 5s. 10d. for damage done by breaking two drain pipes. When the case was called, a little girl, who said she was nearly fourteen years of age, answered, and said she was the defendant. The judge said the defendant, being an infant, the cause would not proceed until a guardian was appointed. Looking at rule 116, he asked the defendant if she could name a guardian, a question which of course the child did not understand. He then asked if there was any one in court willing to be appointed guardian. There was no response but a derisive laugh, which became louder when the judge, joining in the laugh, added that whoever he appointed guardian would incur no responsibility and get no pay. There was no reply to this tempting offer of a sinecure office. "If no one volunteers," said the judge, "I must appoint you, Mr. Registrar." The registrar, turning to the rule, said, Surely it would not be that he would be liable for costs if the defendant failed" "Oh dear, no,” said the judge, "you will have no duties, no responsibilities, and I am sorry to say no emoluments; look at the last part of the rule-'the judge shall appoint the regis trar of the court to be guardian, and the cause shall proceed thereupon as if another person had been appointed guardian, and the name of the guardian appointed shall be entered in the form in the schedule, and no responsibility shall attach to the person so appointed at the instance of the court.' An appointment of the registrar as guardian was then made out and duly signed by the judge, his Honour remarking that the proceeding was as stupid a one as could well be imagined. The case then proceeded. Rule 116 is a verbatim reproduction of rule 89, as it appears in the "Rules and Orders," which came into force in 1856.-Solicitors' Journal. SERVICE UNDER ARTICLES.-The following may be useful to others than the correspondent that sent it :-A., an articled clerk, attends a branch office for his master and his partner. The partner is clerk to a small poor law union. The principal office or home office closes at noon on Saturdays, and A. attends as assistant and deputy clerk duly appointed, and is generally alone at the meetings of the board, the clerk really not often attending. A. is not paid one farthing for it, and he takes no part whatever in the accounts or any other duties other than one hour's attendance in his own time each alternate Saturday afternoon, and that by the directions of his master. Having reference to ex-parte Llewllyn, 12 L. J. 9 B. 138, is this a bad service under 23 & 24 Vict. c. 127, s. 10, as "holding an office and engaging in an employment other than that of clerk to such attorney or his partner, if any?" [We think that the above employment is not within the prohibition of the statute, and that it cannot affect the service under articles.-ED.] MOOT POINTS. No. 19-County court-Cause of action, &c.-Suppose A., my debtor, owes me £10 for goods sold and delivered, and the cause of action is clearly in W., where I reside. I draw upon him for the amount from W., and date my bill from that place, directed to him at N., fifty miles off. He accepts in the usual form, payable at a banker's in London. The bill is dishonoured. Can I sue him for the goods in the county court of W., on making the usual affidavit that the cause of action accrued there; or am I bound to sue on the bill? If so, where is the cause of action-at the place from which I drew it, or the place where it was accepted, that is, at W. or N. Or is the action transitory, as in the superior courts; and may a summons be issued upon the bill out of W., with the usual affidavit ? T. F. B. Wolverhampton. and No. 20.-Descent.-A person who had three sons, viz., A., B., C., was possessed of a freehold estate. B. died in the lifetime of his father, leaving a son, E. Upon the decease of the owner, A., the eldest son inherited, who afterwards died intestate and without issue, leaving his brother C. and his nephew E., him surviving. Who will inherit ? RICHARD ROBERTS. 1 Caroline square, Pwllhele, 16th Sept., 1868. No. 21.-Bequest for charitable purposes.-A. made a will in which, after certain specific bequests, he left the rest, residue, and remainder of all his property (which then consisted entirely of stock) to certain religious uses. Now, had the subject of this residuary bequest been land, it would undeniably have been void under the Mortmain Acts. A., afterwards wishing to increase his income, sold his stock, investing the proceeds on mortgages of land, and died. Would the bequest to the religious uses be void under the Mortmain Acts? Landscore-villas, Teignmouth, Devon. FREDERICK Walker. THE 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. S. TAYLOR, PRINTER, GRAYSTOKE PLACE, FETTER LANE, LONDON, E.C. |