6. New Bills in Parliament.-Questions at the Examination. able on the April then next preceding, or, in the case of mortgagees or other persons making payment of the same indirectly, upon other proof of such payment satisfactory to the barrister authorised to revise the list of voters for the city, borough, or county for which any such male person shall, under the provisions of this act, claim to vote, be thereby entitled to be placed upon the list of voters for any city or borough within which such person shall have continued to reside the time required by the her examination when reduced to writing, it shall be lawful for such commissioner to receive of such person his solemn affirmation in the form set forth in the schedule hereto annexed, and then to examine and to deal with such bankrupt in the same manner in all respects as he is now authorized to do in case he or she had been examined upon oath; provided that nothing herein shall in any wise affect the right of commissioners of bankrupt to judge how far the answers to be made are satisfactory, or to commit to prison in case they shall | heretofore recited act passed in the 2 & 3 W. 4, hold such answers to be unsatisfactory, nor the right of any creditor to withhold his signature from the certificate of conformity. SCHEDULE. and if not resident within any such city or borough, then to be placed upon the list of voters for the county or other electoral division within which such male person shall then be resident. I A. B. the bankrupt [or C. D. the wife of A. B. the bankrupt] under a fiat of bankruptcy 2. That all government officers duly authoissued against him on the rized to collect the said tax, and the governor day believing in my conscience that and company of the Bank of England, who are it is unlawful to take an oath, but being de- authorized to deduct the same, shall and may sirous of disclosing all that I know respecting and they are hereby required to grant a certifithe affairs of [me] the said A. B., do solemnly cate of any payment or deduction upon account and sincerely promise to make true answer to of the said tax, to any person claiming the said all such questions as shall be demanded of me certificate, by whom or from whom such payby the commissioners under such fiat, touching ment or deduction shall have been made. all matters relating to the same. ELECTIVE FRANCHISE EXTENSION. This is a bill to extend the elective franchise to all persons paying the income tax. 3. That any person whose name shall have been placed or left upon the list of voters for any city, borough, county, or division, in pursuance of the provisions of this act, shall be continued upon the same during the continuIt recites, that by an act passed in the 2 & 3 | ance of the said tax, unless and until it shall W. 4, c. 45, intituled "An act to amend the have been distinctly shown to the revising barRepresentation of the People in Parliament," rister that the said person is no longer assessed certain new qualifications for the exercise of to the said tax, or has made default of the last the elective franchise were established, and to payment thereof required by this act. complete some such qualifications a certificate Easter Term, 1845. I-PRELIMINARY. of the payment of certain local rates and public QUESTIONS AT THE EXAMINATION. taxes was further required: and that by an act passed in the 5 & 6 Vict. c. 35, intituled "An act for granting to her Majesty Duties on Profits arising from Property, Professions, Trades, and Offices, until the 6th day of April, 1845," and further continued by an act passed in the present session of parliament, it was enacted that a certain tax should be payable and levied upon all property and income above the amount of 150l. per annum: and that for the purposes of a parliamentary constituency a simple property test of easy and universal application is hereby established which will include large classes of persons who by reason of the II. present local limitations and peculiar definitions of property conferring the right to vote are now denied that previlege: And that it is just that those who are called upon to pay a direct tax founded upon property, and testing the existence of it, should have a legislative voice in the election of members of the commons house of parliament: It is therefore proposed to enact, 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. 1. That from and after every male person of full age assessed to the income tax shall, during the continuance of the said tax, upon the production of a certificate, signed by any government officer duly authorized to collect the same, of the payment of such portion of the said tax as shall have been due and pay 4. Have you attended any and what law lectures? COMMON AND STATUTE LAW, AND. PRACTICE OF THE COURTS. 5. In what cases may the judge certify to deprive the plaintiff of costs? and when and. how must his certificate be obtained? 6. If one of several defendants who de-. fended jointly be acquitted, what costs will he be entitled to? 7. Can a person interested in the result of an action be examined as a witness, and how can either of the parties obtain the admission. of his testimony? 8. If some issues are found for the plaintiff, and others for the defendant, how does it affect the costs, and how does the affidavit of increase differ to get the expense of witnesses allowed to the respective parties? Questions at the Examination. 9. What explanations would you give, and what would you require, if you were called upon under the statute to attest the execution of a warrant of attorney or cognovit ? 10. Against a wilful trespasser, where the damages are under 51., how should a person proceed? 11. Is it necessary to serve a subpoena ad test. personally, or will leaving it at the dwelling-house be sufficient? and what are the consequences of non-attendance? 12. When a tenant cannot be met with, what will be good service of an ejectment, and how and where? 13. Must a notice to quit be in all cases in writing? and at what period should it be given and expire? 14. How must you proceed when a feme sole obtains judgment, and marries before execution ? 15. If a tenant hold over after notice to quit, what liability does he incur? 16. What steps must an attorney take before he can bring an action for his bill? 17. How is a contract by matter of record to be enforced? and by what evidence must you support it? 18. In what cases is a husband liable to debts contracted by his wife, and in what not? 19. If you have written documents to produce in evidence in a cause, what must you do to be entitled to costs of proof? III.-CONVEYANCING. 20. A. in writing agrees to let land to B. for a term of years at a certain rent; B. enters into possession and pays the rent to A.; what is B.'s tenancy, and what right has he against A.? 21. A. is mortgagee in fee and dies without devising the security, and the mortgage debt is applicable by his executor to the payment of the testator's debts; suppose the heir-at-law of the mortgagee to be unwilling or incapable to re-convey the premises, to whom is the mortgagor to pay the principal money and interest, and how is he to obtain an effectual re-conveyance of those premises? 22. A. and B. (not partners) are to give their bond to C. for the payment of a certain sum of money: how is the obligation to be made, so that in case B. should die and leave A. surviving, C. may have a legal claim upon B.'s personal representative? 23. Suppose there are two partners, and they give their joint bond for payment of money, and one of such partners dies, what extent of remedy has the obligec against the surviving partner, and against the representative of the deceased partner? 24. State the general outline of a lease of a house, as to such covenants and conditions as would be proper between landlord and tenant in respect to repairs, and payment of rent in case of the premises being destroyed by fire. 25. In examining an abstract of title with the title deeds, what should be carefully attended to? with the abstract are found not to be in the possession of the vendor, but in the hands of a third person in the country: what is the course to be pursued for the examination of the deeds, and at whose expense? 27. In the absence of conditions of sale to the contrary, how is a purchaser to obtain copies of abstracted deeds, or instruments on record, at the vendor's expense? 28. What should be done to postpone searches for incumbrances until immediately before the completion of the purchase? 29. As judgments do not bind leasehold estates until writs of execution are taken out, when and where should searches be made as to incumbrances on behalf of a purchaser of such estates? 30. What covenants are to be given to a purchaser of a freehold estate by the vendor who is seised in fee? 31. Suppose a purchaser cannot be required to take his conveyance executed by the attorney duly appointed by the vendor; and yet such purchaser should agree to take the conveyance so executed, and seeing that the vendor may be dead at the time the power is exercised ;what would be the consequence if he were so? and what should be required on behalf of the purchaser at the time of taking the conveyance? 32. State when deeds relating to estates in a register county should be registered? and what may be the consequence from delay in doing so? 33. Where terms of years are created by settlements, what are the events usually expressed in the proviso for cesser of such terms? 34. A term of years appears upon the abstract of title to be outstanding, and not to have been assigned to attend the inheritance: what should be required on the part of a purchaser ? and at whose expense ? IV. - EQUITY, AND PRACTICE OF THE 35. Can a foreigner resident abroad file a bill for relief in the Court of Chancery here? If so, what protection has the defendant in such case against the plaintiff for costs? 36. What is the mode of proceeding to enforce the appearance of a peer of the realm to a bill? 37. What effect has the filing of a replication on the answer of a defendant? 38. Can the answer of one defendant be read against a co-defendant? If so, state in what case? 39. In what case is a plaintiff or a defendant in a suit entitled to an order to examine witnesses de bene esse? 40. What is the nature of a writ of assistance, and in what case is it issued? 41. If a party having the conduct of a suit does not proceed with due diligence in the prosecution of a decree or order before the Master, what remedy has any other party interested to prevent further delay? 42. Where a person is entitled in expectancy 26. The title deeds required to be examined' or otherwise to a share of funds in court, and assigns his interest therein, what remedy has nuity creditor affected by the issuing of the fiat the assignee to protect himself against the with reference to the future payments of the transfer or payment out of court to the assignor annuity? of the share so assigned by him? 62. If a bankrupt holds a lease on terms 43. A party being dissatisfied with the Mas- disadvantageous to the lessee, are the assignees ter's report, and desirous of taking the opinion obliged to continue to hold it for the remainder of the court thereon: what is the course of of the term or not? proceeding under such circumstances? 44. In a suit for specific performance of an agreement, is the plaintiff bound by the title as shown by him at the time of filing his bill? If not, state the reason why? 45. In the case of a legacy, where no time of payment is mentioned in the will, from what time does it carry interest, and at what rate? 46. In the administration of assets, what creditors rank the highest in priority, and become entitled to be paid their debts in preference to other creditors. 47. Where a mortgagee is in possession, what is the time limited within which a mortgagor may file a bill to redeem ? 48. Where a deposit is paid to an auctioneer at a sale, and there should arise a dispute between the vendor and purchaser, and an action is threatened or commenced against him by either for the deposit: what is the course to be pursued by the auctioneer to protect himself against their adverse claims? 49. In the distribution of assets, where there is not sufficient for the payment of all the legacies and annuities, how is an annuity in this respect treated? V.—BANKRUPTCY, AND PRACTICE OF THE COURTS. 50. What description of persons are subject to the bankrupt laws? 51. Describe the mode of proceeding to procure a fiat in bankruptcy? 52. What are the limits of the jurisdiction of the London commissioners? 53. In what manner, and at what period, and by whom, are the creditors' assignees, and the official assignees respectively appointed under a fiat in bankruptcy? 54. What is the duty of the creditors' assignees, and what is the duty of the official assignee ? 55. In whom is the power of granting or withholding a bankrupt's certificate vested? 56. What are the advantages to a bankrupt in obtaining his certificate, and what are the disadvantages in his not obtaining it? 57. What courts have jurisdiction in matters in bankruptcy, and what is the court of final appeal? 58. Is the wife of a bankrupt entitled to dower out of an estate of which he was seised in fee at the time of his bankruptcy? 59. What is the proper course of proceeding for a mortgagee of a bankrupt's property to take after a fiat has been issued? 60. Does the property of a bankrupt situated in the British colonies pass to the assignees under a fiat issued in England? 63. If a bankrupt carrying on business alone has trade debts and trade assets, and private debts and private assets, are separate accounts to be kept, and separate dividends paid to each class of creditors, or is no distinction to be observed? 64. At what period was the last statute passed making any material alteration in the laws relating to bankrupts ? VI. — CRIMINAL LAW, AND PROCEEDINGS BEFORE JUSTICES OF THE PEACE. misdemeanor, refuse to plead, what course is 65. If a prisoner indicted for a felony or to be pursued? 66. What ownership is requisite to be proved in the thing stolen? the act of larceny? under any, and what, circumstances for the same offence? 69. If money is lodged with an attorney for a special purpose, and he converts the same to his own use, is it a misdemeanor, or only actionable? 70. If a factor or agent entrusted with goods or merchandize for sale, deposit or pledge the same for his own benefit, is it a misdemeanor, or only actionable? 71. When can, and when cannot, a new trial be granted in criminal cases? 72. On a motion for a new trial, are affidavits of new facts admissible, under any, and what, circumstances? 73. Are any, and what, costs allowed to a prosecutor in felonies and misdemeanors ? 74. What is the rule as to payment of costs on a motion for a new trial in criminal cases? 75. Are persons stealing dogs, or in the possession of dogs, knowing the same to have been stolen, liable to any, and what, penalty or punishment? 76. Under what circumstances may persons playing musical instruments in the streets be required to desist? And if they refuse to de so, what is the mode of proceeding to compel them? 77. Is the evidence of the mother of an illegitimate child of itself sufficient to obtain an order of filiation on the putative father; or is any other, and what, evidence necessary? 78. In what manner is the validity of an order of removal of a pauper tried? and can the legality of the decision be appealed before any other, and what, tribunal ? and in what manner? 79. Magistrates having dismissed a complaint 61. If a bankrupt has granted an annuity for for an assault, can the accused in any, and his own life to another person for a valuable what, way avail himself of such decision in an consideration, how are the rights of the an-action against him for the same assault ? Henry John Shepherd and John Myers, Beverley. Diggles, Thomas, jun., 14, Norfolk Street, Thomas Mortimer Siddall, Manchester. Strand; and Manchester James B. Vickers, Manchester. Attorneys to be Admitted.-Result of the Examination. Driver, Samuel Neale, Hanover Park, Peck- Davies, John Edmund, Bristol Elam, William, 13, Endsleigh Street, Tavis- Fisher, John, 54, Bernard Street; and Cleve- Fisher, Thomas, 30, Basinghall Street; and Gaby, Ralph Bignell, 1, New Millman Street, Grayson, James, Newcastle-upon-Tyne Green, Octavius, 33, Devonshire Street; and Gery, Thomas Lewis, 13, Featherstone Build- Gaunt, Thomas Foster, 10, Dalby Terrace, Horner, Joseph Race, Wakefield Holden, Thomas, jun., 5, Ampton Street, Holt, James John, 16, Elizabeth Place, Ball's Hood, John Kemp Jacomb, 20, Little St. Harris, Albert Domett, 111, Regent Street, Harmer, Henry Robert, 25, Great Ormond Street Haigh, George, Preston. Edward Hugh Edwards, Bedford Row. Charles Ford, Bloomsbury Square. George Shute Eastlake, Plymouth. Lodge Moore, Staveley. Hull Terrell, 30, Basinghall Street. Benjamin Gaby, Bath. Stafford Baxter, Atherstone. Robert M. Baxter, Lincoln's Inn Fields. Ralph Walters, Newcastle-upon-Tyne. Edmund George Randall, Welbeck Street. George Joseph Twiss, Cambridge. Thomas Orton Gery, Daventry. Thomas Gaunt, Skinner Street. Benjamin Hastie, Northampton Square. Charles Walton, Lothbury. Frederick Carritt, Basinghall Street. John Baker, Great Yarmouth. William Rawstorne, Preston. Haynes, Benjamin, West Bromwich; and Samuel Danks, Birmingham. RESULT OF THE EXAMINATION. WE noticed in our number for the 12th April that the candidates entitled to be examined on the 29th were reduced from 117 (whose names appeared in the printed list) to 93. A considerable portion of these did not leave their testimonials at the Law Society, and in fact only 74 attended to be examined. Of these 66 were passed, being the smallest number at any examination. The remaining 8 centage compared with the usual results of the were postponed. examination, and we recommend the young This is a very large per gentlemen for the next term to make the best use of their time. It does not appear that there is any increased difficulty in the questions, and the larger number of the unsuccessful must therefore be owing to the want of due exertion on the part of the candidates. |