LONDON COSTERMONGERS AND CAB-OWNERS.-By the new Act to amend the Metropolitan Streets Act, the 6th section of the former Act, as to costermongers, is amended in respect to the deposit of goods in the streets. It is not to apply to costermongers, street hawkers, or itinerant traders so long as they carry on their business in accordance with the regulations from time to time made by the Commissioners of Police and so much of the 6th section in the recited Act as refers to the surface of any space that intervenes in any street between the footway and the carriage way is now repealed. The cab question is disposed of by a clause stating that no regulation is to be made in respect of the carriage of lamps by hackney carriages in respect of the 17th section, except with the approval of the Secretary of State. The only other provision is that the statutes are to be construed together.

M. S.-The "Law Journal" is somewhat less in price than the "New Law Reports," but then the latter are better received as authority than the former, although there is no regulation against citing it in court. The great drawback in the "New Law Reports is that there are so many subdivisions, which prevent a frequent completion of the volumes, and renders it difficult to remember in which division a case which may have been read is to be found when wanted. This defect would have been less grievous if, as at one time promised, or at least hinted at, a digest had been supplied. It appears, however, that the "Council" have quietly passed over this feature, which we venture to think is rendered almost necessary by the subdivisions of the reports. One volume for equity cases and another for equity would have been sufficient, instead of which there are five distinct volumes, besides the three others for appeals in Parliament, &c.

THE NEW COUNTY COURT ACT.-A "REVOLUTION " AT COMMON LAW. On the 1st of January, 1868, the new Act relating to the jurisdiction of the county courts will come into force. It contains 36 sections and several schedules, and, according to the opinions expressed, will create a "revolution" in common law. It abolishes all concurrent jurisdiction, and actions, which hitherto were brought in the superior courts where the parties resided twenty miles apart, must now be brought in the county courts. Actions for seduction, &c., will in future be heard in the county courts, and for goods where the defendant does not give notice to defend judgment can be signed. Increased facilities are given in equitable proceedings, and trustees to £500 can pay funds into court. The City Sheriffs' Court is a county court, and styled "The City of London Court,” the judge of which will no longer sit as a commissioner at the Central Criminal Court. This act, it is anticipated, will decrease the business in the common law courts, and must necessarily throw additional labour on the county court judges.-Standard.

THE

EXAMINATION CHRONICLE.

[EDITED BY WILLIAM HEMINGS, Esq., Barrister-at-Law.]

VOL. VIII.-No. 86.] FEBRUARY, 1868. Year's Subscription, 16s.

Half-year's do. 88.

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(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.

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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.

L. A.-The Law List for 1868 will not be out until the month of March next. If you send at once to the publishers, Messrs. Stevens and Sons, 26, Bell-yard, they may make the alterations you require. We presume you have taken out your certificate for next year.

EQUITY PRACTICE.-There is a new edition of Mr. Osborne Morgan's work on the recent Statutes and Orders, &c., of the Court of Chancery. It is the 4th edit., price 30s. It is a very useful book of reference, intended primarily for barristers rather than students, but it may be usefully read by those articled clerks who have not any other regular book of Chancery Practice.

NEMO. Although it has been announced that the Council of Legal Education has consented to accept the Law Tripos at Cambridge as a sufficient qualification for the bar, it is not intended by this that a man having taken honours in laws at Cambridge University is at once, and without afterwards keeping Terms at any of the Inns of Court, or being required to pass any other examination, entitled to be called to the bar.

SUBS.-You may go up for the Intermediate Examination in any term from Easter Term, 1868, up to Easter Term, 1869 (both inclusive). If you thoroughly study Stephen's Commentaries, Williams' Real Property, Smith's (Josiah W.) Manuals of Equity and Common Law, Smith's (John W.) Elementary View of Action-atLaw, by Prentice, and Hunter's Suit in Equity, with the edition of Chitty on Contracts which you have, you may pass at the examinations. For book-keeping, either Isbister (Longmans') or Inglis (Chambers) Work on Book-keeping by Single Entry. There can be no doubt of success if you read carefully, and also discuss the points arising thereout, with any person. Mere reading without discussion is not of advantage to every one-it depends on the capacity of the student.

REMUNERATION TO SPECIAL CONSTABLES.-The special constables enrolled for the parish of Lambeth have applied to the vestry board for a sum of £75, to recoup them for expenses incurred in the formation of the force and incidental disbursements; but a majority of vestrymen have opposed the payment out of the parish rates; and the officials connected with the specials intend to apply to the Home Secretary for an order for payment. The subject has created much interest in Lambeth, and in other parishes where a similar question is pending.

SUBS. As you were articled on the 1st January, 1867, the earliest term at which you can go up for the Intermediate Examination will be Easter Term, 1869.

SALMON. The cases to which you refer are, we think, Lyne v. Leonard and Samne v. Fennell (Q. B. 25th January, 1868), which were appeals against the decision of certain justices to the effect that the use of "puts"-a machine for catching shrimps, but which the appellant complained were also used to catch salmon-was lawful, and that the respondents did not require a license for the "puts." In support of the appeal, it was contended that although it had been shown that "circles were provided for the "puts" to prevent the catching of salmon, those circles could readily be removed and salmon be caught. The justices had dismissed the complaints, inasmuch as the intention to catch salmon had not been shown, but the Court of Queen's Bench held that the decision of the justices was erroneous, and that they ought to have inflicted a fine on the defendants, and the case was remitted to the magistrates' court for that purpose.

BANKERS DISCLOSING AFFAIRS OF CUSTOMER.-In a very recent case in the Exchequer the Lord Chief Baron said:-If we were called upon in this case to decide the question whether a duty is imposed by law upon a banker to keep secret the state of his customer's account, I should hold that to be a question deserving the most serious consideration of the court, but I do not now pronounce any opinion upon it. Undoubtedly there are many cases decided in Westminster Hall which have a contrary tendency. I do not say the point has ever been judicially decided by any of the superior courts of common law; but from much we find in the cases quoted it would appear that the courts have been of opinion that if any such duty existed at all it was a moral duty, and not one which could be enforced by an action at law. Still I should hesitate much before I said the opinion expressed-if not in direct terms at least by implication-by Lord Chief Justice Erle was not well founded. It is impossible to reconcile the language of that judge with the total absence of any such duty as is here contended for because he held that an action was maintainable by the customer of a bank for disclosing the state of his account to a third party. Though I think there is a moral and sacred obligation upon a banker to not unnecessarily, wantonly, and especially injuriously, disclose the state of his customer's account, I should hesitate to hold that a legal duty exists, especially looking to the numerous authorities and dicta, and to the fact that if it does in case of a banker it exists also in the case of an attorney; and I am not aware that it has ever been suggested that an action will lie against an attorney for disclosing the affairs and secrets of his clients, even without any reasonable and just cause. Under these circumstances, I repeat that I forbear pronouncing an

opinion on the great and important question I have mentioned. The only question in this case is whether, assuming there is such a legal duty on a banker as contended for, it is a violation of that duty to disclose the state of a customer's account on a reasonable and proper occasion. The jury were asked whether this was a reasonable and proper occasion, and they found that it was. I think there was no misdirection in the way the case was left to the jury, and that we ought not to disturb the verdict.

THE MACKONOCHIE CASE.-Notice was given on Saturday that the Court of Arches would sit to hear the case of " Flaworth v. Simpson," on Feb. 5, and continue to sit till it was completed. This case is to be heard before judgment can be given in "Masters v. Mackonochie."

MOOT POINTS.

No. 1.-Release of legacy to feme covert.-Should a release by deed of a legacy to a feme covert (charged on the testator's real estate)_be acknowledged by her in order effectually to release the land? The opinions of correspondents and reference to cases would oblige.— F. NALDER, High-street, Shepton Mallet, Somerset.

No. 2.-Service under articles-Break in service.-A. was articled in 1862 for five years, and after serving about two years and a half of his term he went into another business. He has now returned to the profession again. Will the two years and a-half he served before be counted, or must he be re-articled for a new term of five years?— JAMES LOMAX.

CORRESPONDENTS ON MOOT POINTS.-The only additional name which we have received for correspondence is the following:-Mr. J. Miller, Town Clerk's office, Staley bridge. We are greatly surprised so few names are sent ; it was not so twenty years ago, and we certainly do not see less reason for articled clerks of the present day adopting the practice of mutual correspondence. We shall, in next number, publish the revised annual list, and shall be glad to receive as well additional names as any alterations required to be made. These should be sent early in February in order to insure their appearance in revised list.

THE SPRING CIRCUITS OF THE JUDGES.-In addition to the Home, Northern, and Norfolk Circuits, the Western Circuit has been fixed as follows by Lord Chief Justice Bovill and Justice Blackburn (the judges on that circuit):-Winchester, Feb. 26; Dorchester, March 4; Exeter, March 7; Bodmin, March 13; Taunton, March 18; Devizes, March 24; Bristol, March 27.

WANTE

WANTED to PURCHASE, Smith's (J. W.) Compendium of the Law of Real and Personal Property.-Address, with price, &c., T. DAVY, 112, East-street, Penzance.