c. 97, s. 3) provides that the consideration for the guarantee need not appear on the writing, but still a consideration must exist. (Com. Law Princ. 152, 153). It will be understood from No. IX. (pp. 134, 135) that some references to arbitration are compulsory; this is by the C. L. P. Act, 1854 (ss. 3-17), which gives power to a judge of a superior Court of Common Law or the Court, on being satisfied that the matter in dispute in a pending action consists wholly of matters of account, either to decide the matter summarily or to refer it to arbitration. So the judge at the trial without a jury of any issue of fact involving matters of account may refer the same to an arbitrator or an officer of the Court. With respect to No. X. (p. 135), it will be observed that if an execution creditor wishes to prevent his attorney from giving an authority to the sheriff to discharge the execution debtor, he should give the sheriff written notice not to discharge the debtor. As to No. XI. (p. 135), it must be borne in mind that the writ in ejectment is directed to the persons in possession by name, and to all persons entitled to defend the possession of the property claimed. (Com. Law Pract. 257.) Still as a person not named may be interested in the premises as a landlord, provision is made enabling him to obtain leave to appear and defend. (Com. Law Pract. 259.) No. XII. (p. 135) shows how the loss of a negotiable instrument may be remedied, if set up by a defendant; if the instrument is not negotiable, the loss is no answer to the plaintiff's claim, for the defendant cannot be sued except in the plaintiff's name; so if the bill is destroyed. (See Com. Law Princ. 127, 128.) No. XIII. (p. 135) discloses an anomalous case, inasmuch as a party not being the legal personal representative of a deceased person is permitted, though only in the absence of such a representative, to sue for and recover compensation for an injury to (causing the death) of a deceased person. This anomaly is founded on a statute which itself is founded on a previous statute introducing an anomaly by permitting an action to be brought for an injury causing death-in spite of the old maxim, actio personalis moritur cum persona. (See F. Bk. 245, 246.)

THE PRELIMINARY EXAMINATIONS.

The preliminary examination in general knnowledge will take place on Wednesday the 30th and Thursday the 31st October, 1867, and will comprise :

1. Reading aloud a passage from some English author. 2. Writing from dictation.

3. English grammar.

4. Writing a short English composition.

5. Arithmetic-A competent knowledge of the first four rules, simple and compound.

6. Geography of Europe and of the British Isles.

7. History Questions on English history.

8. Latin Elementary knowledge of Latin.

9. 1. Latin. 2. Greek, Ancient or Modern. 3. French. 4. German. 5. Spanish. 6. Italian.

The special examiners have selected the following books, in which candidates will be examined in the subjects numbered 9 at the examination on the 30th and 31st October, 1867 :—

In Latin-Livy, Book I. ; or, Ovid, Fasti, Books I. and Il.
In Greek-Euripides, Hecuba.

In modern Greek-Bentotes' History of America, Book VII.
In French-Racine, Athalie; or, Lamartine, Nelson.

In German-Goethe's Aus meinem Leben, vol. ii., Books XI., XII., and XIII.; Lessing's Minna v. Barnhelm.

In Spanish-Cervantes, Don Quixote, cap. xv. to xxx., both inclusive; or, Moratin, El Si de las Ninas.

In Italian-Manzoni's I Promessi sposi, cap. i. to viii., both inclusive; or, Tasso's Gerusalemme, 4, 5, and 6 cantos; and Volpe's Eton Italian Grammar.

With reference to the subjects numbered 9, each candidate will be examined in one language only, according to his selection. Candidates will have the choice of either of the above-mentioned works.

The examinations will be held at the Incorporated Law Society's Hall, Chancery-lane, London, and at some of the following towns. -Birmingham, Brighton, Bristol, Cambridge, Cardiff, Carlisle, Carmarthen, Chester, Durham, Exeter, Lancaster, Leeds, Lincoln, Liverpool, Maidstone, Manchester, Newcastle-upon-Tyne, Oxford, Plymouth, Salisbury, Shrewsbury, Swansea, Worcester, York.

Candidates are required by the judges' orders to give one calendar month's notice to the Incorporated Law Society, before the day appointed for the examination, of the language in which they propose to be examined, the place at which they wish to be examined, and their age and place of education. All notices should be addressed to the Secretary of the Incorporated Law Society, Chancerylane, W.C.

RESULTS OF THE EXAMINATIONS.

(Easter Term, 1867.)

Ir appears that at the final examination in Easter Term last there were 81 candidates, of whom 67 passed, leaving 14 who did not pass, or, in plain terms, were rejected. Thus it will be seen

that the proportion of unsuccessful candidates was larger than one in six, a very considerable proportion, though there have been more unfavourable results at some of the previous examinations. It is evident that many candidates must go up wholly unprepared, or insufficiently prepared-the latter is probably the case; and it is not unlikely that the rejected were chiefly those who, instead of applying themselves diligently to study during the whole of their clerkship, put off their preparation until some little time before the examination, and then relied on being "coached " by men who unblushingly pretend to be able in a few weeks to cram the necessary amount of knowledge into candidates with the aid of their magical" Keys to Chitty," "Private Guides," &c., and similar delusions. We really do not pity those who, putting their trust in such blind guides, meet only with failure, for it ought to be fully understood that careful study continued during the period of service under articles can alone be relied on as securing a safe passage through the examination. There can be no doubt that any clerk fit to be an attorney can by his own exertions (putting aside the lectures and classes) ensure a successful pass through the examinations, and the sooner this is understood and acted on the better it will be for the reputation and pockets of the candidates.

The examiners at the Easter Term final examination recommended the following gentlemen, under the age of 26, as being entitled to honorary distinction:

Learoyd, Samuel-Nehemiah Learoyd, Huddersfield and London. Baker, William Frederick-Robert Sweeting, London; Young, Maples, Teesdale, and Young, London; and Young, Maples, Teesdale, and Nelson, London.

Byrne, Gregory Wildrington-Esdale and Byrne, London.

Hines, Thomas Shallcross-Ranson and Son, Sunderland; C. H. Hines, Sunderland; and Mr. T. H. Dixon, London.

The Council of the Incorporated Law Society have accordingly awarded the following prizes of books :

To Mr. Learoyd, the prize of the honourable Society of Clifford'sinn.

To Mr. Baker, the prize of the honourable Society of New-inn. To Mr. Byrne and Mr. Hines, prizes of the Incorporated Law Society.

The examiners also certified that the following candidates, under the age of 26, whose names are placed in alphabetical order, passed examinations which entitled them to commendation :

Bentham, John Jolly-Ranson and Son, Sunderland. Clulow, John Walter-Shakespeare and Hartill, Oldbury. Nelson, John-Nicholson and Saunders, Wath-upon-Dearne ; Ridsdale and Craddock, London.

Shaw, Vernon John Yardley-T. W. Flavell, London.

The council have accordingly awarded them certificates of merit.

(Trinity Term, 1867.)

At the final examination in Trinity Term last there was not so large a proportion of clerks rejected as in the previous term, though the number was larger than it ought to have been, for out of 130 candidates 12 were 66 postponed." We are glad to observe that as many as 10 of the candidates were considered entitled to commendation," which must be satisfactory to those gentlemen.

The examiners at the Trinity Term (1867) examination recommended the following gentlemen, under the age of 26, as being entitled to honorary distiction :

Young, Ralph Hutchinson-Turnbull and Bell, Hartlepool; Shum and Crossman, London.

Barker, Charles Mylne-Barker, Bowker, and Peake, London. Gardiner, Walter-Stevens and Satchell, London; Alfred Charles Cronin, London.

Lewis, Albert-Charles C. Lewis and Son, Brentwood; John Turner, London.

The Council of the Incorporated Law Society accordingly awarded the following prizes of books :

To Mr. Young, the prize of the honourable Society of Clifford'sinn.

To Mr. Barker, the prize of the honourable Society of New-inn. To Mr. Gardiner and Mr. Lewis, prizes of the Incorporated Law Society.

The examiners also certified that the following candidates, under the age of 26, whose names are placed in alphabetical order, passed examinations which entitle them to commendation :

Archer, William-William Henry Swepstone, London.

Bennett, Ellery Arthur-Whiteford and Bennett, Plymouth. Copland, John-George Matthews Arnold, Gravesend; Thomas Sismey, London.

Drake, Francis Nathan-Harris and Morton, Halstead.
Esam, Charles Godfrey-Parker, Sheffield.

Harper, William-Edward Saxton, London; Chester and Urqu

hart, London.

Gibson, Jasper-William Gibson, London.

Hunter, Robert, M.A-Eyre and Lawson, London.

Stirling, Hugh, M.A-W. Murray, Son, and Hutchins, London.

Turner, Charles Henry-John Turner, London.

The council accordingly awarded them certificates of merit.

SUMMARY OF DECISIONS.

ABATEMENT-Suit in Equity by bankruptcy-Revivor for costs.-[See 2 Leg. Reas. Why, tit. "Abatement."]-The plaintiff, in a suit in which nothing remains to be done but the taxation and payment to him by the defendant of his costs, became bankrupt. Held, that a supplemental order to carry on proceedings might be made on the application of his assignees. (Ellison v. Sharp, 2nd March, 1867, L. R. 2 Chanc. 355.)

ADJOINING LAND OWNERS-Right to lateral support-Cause of Action-Appreciable damage.-The right of the owner of land to the lateral support of his neighbour's land is not an absolute right, and the infringement of it is not a cause of action without appreciable damage. Therefore, where A. dug a well near B.'s land, which sank in consequence, and a building erected on it within twenty years fell, and it was proved that if the building had not been on B. s land the land would still have sunk, but the damage to B. would have been inappreciable. Held that B. had no right of action against A. (Smith v. Thackeray, L. R. 1 C. P. 564.)

ADMINISTRATION DUTY-55 Geo. 3, c. 184-Contingent interests.-Administration duty must be paid on the whole personal estate belonging to an intestate, including contingent interests; and where such duty was not paid on a contingent interest, which afterwards fell into possession :-Held, that administration duty must be paid on the present value of the absolute interest, and not on the value of the contingent interest at the date of administration only; although if duty had then been paid on the value of the contingency, the Crown would not have been entitled to any further duty by reason of the contingency having subsequently fallen into possession. (Lord v. Colvin, 16th Feb., 1867, L. R. 3 Eq. 737.)

and

ASSIGNMENT-Equitable interests-Trustee-Original derivative trusts-Notice to whom to be given-Priority-Mortgage. The priority of assignments of the equitable interest in personal estate settled upon such trusts as A. shall appoint, and appointed by A. to trustees in trust for the assignor, depends upon priority of notice to the trustees of the original settlement, so long as the trust estate is under their control; consequently a mortgagee of such interest, who gave notice of his mortgage to the trustees under the appointment, but not to the trustees of the original settlement, was postponed to a subsequent mortgagee without notice of the prior mortgage, who gave notice to both sets of trustees. (Bridge v. Beadon, 11th Feb., 1867, L. R. 3 Eq. 664.)

BANKRUPTCY-Debtor and creditor-Deed under s. 192 of Bankruptcy Act, 1861 (24 & 25 Vict. c. 134)-Deed containing