passed and 3 were postponed; in Hilary Term, 1867, 132 passed and 25 were postponed; in Easter Term, 67 passed and 14 were postponed; and in Trinity Term last, 118 passed and 12 were postponed.

The list of candidates who have succeeded in obtaining honorary distinction has already appeared in our columns.

The council refer with the greatest pleasure to the generous doration of Mr. William Murray, of Birchin-lane.

Mr. Murray, on retiring from the profession, and resigning his seat at the council board, which is a subject of much regret, has, with the view of encouraging proficiency in bankruptcy and commercial law, including the law of debtor and creditor, amongst the candidates for admission as attorneys and solicitors, signified his intention to transfer to the society a sum of £1000 Consols for the purpose of founding an annual prize in those subjects.

The regulations under which this prize is to be awarded will, after consultation with Mr. Murray, be made known to the members and the profession,

The Birmingham Law Society have also established a prize, to consist of a gold medal, to be competed for by those students only who have been originally articled to an attorney or solicitor practising in Birmingham, and who have passed at least two-thirds of their term of service under their articles in Birmingham, and who are under the age of twenty-six at the time of their final examination.

The prize will be awarded after Michaelmas Term, 1867, and after every subsequent Michaelmas Term, to the candidate who, among the members of the class above described, shall be reported to the council of this society, by the examiners, to be first in order of merit among the candidates examined in the current year, and entitled to honorary distinction.

The defective service of several articled clerks has necessitated careful investigation on the part of the examiners; and it has become necessary to withhold the examiners' certificate in some instances. In one case an articled clerk has, by order of the judges, been compelled to enter into a fresh contract for a period of six months to cure an irregularity in his service.

It may be as well to observe that within the last two years the testimonials as to service under articles of clerkship have in numerous instances been left in a most incomplete state, thereby causing the articled clerks and the attorneys to whom they are articled, much trouble and inconvenience, which, with the exercise of a little more care, would be easily avoided.

COUNTY COURTS JURISDICTION.

(30 & 31 Vict. c. 142.)

A VERY important Act relating to the jurisdiction of the county courts was passed in last session (to come into operation on the 1st January, 1868,) which has considerably affected the common law jurisdiction of the county courts, and even its equitable jurisdiction. In fact the Act may be said to have dealt a very heavy blow at the agency offices, and other offices will also be affected thereby in a pecuniary way. The Act also contains provisions for improving the procedure of the county courts, which may be more acceptable to the profession than those just now referred to. A partial provision is made (sect. 2) for plaintiff having a judgment for his claim where a defendant does not give notice of his intention to defend without giving any proof of such claim (see sects. 16 and 17.) By sect. 4 no action (it should seem in any court) shall be brought to recover the price of beer, &c., sold to be consumed on the premises. Then comes the stringent provision (sect. 5) that, unless by certificate or order, no costs of actions in the superior courts are to be allowed where not exceeding £20 on contract or £10 on tort is recovered. Writs of trial to sheriff are (sect. 6) abolished; but (sect. 7) extended power is given to a judge to order a cause to be tried in a county court where the action is on a contract for not exceeding £50. Then come the equity provisions: suits in Court of Chancery which might have been brought in county court, may (sect. 8) be sent there. Sect. 9 amends fourth head of 1st section of Act of 28 & 29 Vict. c. 99 (relating to specific performance.) By sect. 24 trustees may pay trust moneys, or transfer stock, into county courts; and sect. 27 directs the investment of moneys paid into a county court; and by sect. 27 proceedings in equity may be authorised to be commenced by summons in lieu of plaint. By sect. 10 certain actions brought by poor plaintiffs may be remitted to the county court. Sects. 11 and 12 enable actions of ejectment to be brought in the county courts, under certain circumstances. Sect. 13 gives an appeal from all the decisions of a county court judge. Sect. 20 provides for judges being auxiliary to each other, and for deputy of judges or registrars having powers of the principals (see sects. 2023, as to registrars and bailiffs). By sect. 28, no action which could be brought in the county court is to be brought in a hundred court, &c. Sect. 31 provides for interpleader by high bailiff; and sects. 32-35 relate to London courts, and repeal and construction of county court Acts. The Act (cap. cxlii) is entitled "An Act to amend the Acts relating to the jurisdiction of the county courts."

Issuing summonses. Sect. 1, provides for summons issuing, and

enacts that a plaint may be entered in the county court within the district of which the defendant or one of the defendants shall dwell or carry on his business at the time of bringing the action or suit, or it may be entered, by leave of the judge or registrar, in the county court within the district of which the defendant or one of the defendants dwelt or carried on business, at any time within six calendar months next before the time of action or suit brought, or, with the like leave, in the county court in the district of which the cause of action or suit wholly or in part arose. By sect. 2, in certain actions in county courts, plaintiffs may issue summons, and if defendant shall not give notice of intention to defend, judgment may be entered up. The full provision is as follows:- "In any action brought in a county court for the price or value of goods or chattels which or some part of which were sold and delivered to the defendant to be dealt with in the way of his trade, profession, or calling, the plaintiff may, at his option, cause to be issued a summons in the ordinary form, or (upon filing an affidavit to the effect set forth in the form given in schedule A to this Act) in the form contained in the schedule B to this Act, and if such last-mentioned summons be issued it shall be personally served on the defendant by the bailiff of the court, or, at the option of the plaintiff, by the plaintiff, his attorney, or by some clerk or servant in the permanent employ of the plaintiff or his attorney, twelve clear days at the least before the return day thereof; and then if the defendant shall not, at least six clear days before such return day, give notice in writing, signed by himself, his attorney, or agent, to the registrar of the court from which the summons issued, of his intention to defend, the plaintiff may, within two months after such return day, without giving any proof of his claim, have, upon proof by affidavit of the service of the summons, judgment entered up against the defendant for the amount of his claim and costs, such costs to be taxed by the registrar; and the order upon such judgment shall be for payment forthwith, or at such time or times, and by such instalments, if any, as the plaintiff or his attorney or agent shall in writing have consented to take at the time of the entry of the plaint: provided that where the defendant shall give such notice as above specified, the action shall be heard in the ordinary course; but in any event the registrar shall, immediately after the last day for giving such notice, send a letter to the plaintiff by post, stating therein whether the defendant has or has not given notice of his intention to defend." By sect. 3, proceedings commenced in a metropolitan county court are to be continued therein if the defendant resides in the district of one of such courts. "Where an action is brought in any of the county courts mentioned in the section numbered eighteen of the Act passed in the session of Parliament holden in the nineteenth and twentieth years of the reign of her Majesty, chapter one hundred

and eight, all subsequent proceedings in such action shall be taken and had in such court if the party against whom the proceeding is taken or had shall reside or carry on business within the district of any such courts or within the city of London. An action may be commenced, and all subsequent proceedings taken and had, in the court held under the provisions of 'The London (City) Small Debts Extension Act, 1852,' by a plaintiff residing or carrying on business within the city of London, against a defendant who resides or carries on business within the district of any such courts; and an action may be commenced, and all subsequent proceedings taken and had, in any of such county courts by a plaintiff residing or carrying on business within the district of any such county court, against a defendant who resides or carries on business within the city of London."

Beer, &c., scores.-By sect. 4, no action for beer, &c., consumed on the premises to be brought. "No action shall henceforth be brought or be maintainable in any court to recover any debt or sum of money alleged to be due in respect of the sale of any ale, porter, beer, cider, or perry, which after the commencement of this Act was consumed on the premises where sold or supplied, or in respect of any money or goods lent or supplied, or of any security given, for, in, or towards the obtaining of any such ale, porter, beer, cider, or perry."

Deprivation of costs.-Sect. 5 provides that costs are not to be recoverable in superior courts where less than £20 on contract or £10 on tort. "If in any action commenced after the passing of this Act in any of her Majesty's superior courts of record the plaintiff shall recover a sum not exceeding £20 if the action is founded on contract, or £10 if founded on tort, whether by verdict, judgment by default, or on demurrer, or otherwise, he shall not be entitled to any costs of suit unless the judge certify on the record that there was sufficient reason for bringing such action in such superior court, or unless the court or a judge at chambers shall by rule or order allow such costs."

Trials before sheriff and in county courts.-Sect. 6 repeals sect. 17 of 3 & 4 Will. 4, c. 42, authorising the trial of issues before a sheriff where sum claimed does not exceed £20. (See Pract. Com. Law, pp. 149-151, 192—195.) And by sect. 7, in lieu thereof, in certain cases a judge of the superior courts may order a cause to be tried in the county court. "Where in any action of contract brought or commenced in any of her Majesty's superior courts of common law the claim endorsed on the writ does not exceed £50, or where such claim, though it originally exceeded £50, is reduced by payment, an admitted set-off, or otherwise, to a sum not exceeding £50, it shall be lawful for the defendant in the action, within eight days from the day upon which the writ shall have been served upon him, if the whole or part of the demand of the plaintiff be con

tested, to apply to a judge at chambers for a summons to the plaintiff to show cause why such action should not be tried in the county court or one of the county courts in which the action might have been commenced; and on the hearing of such summons the judge shall, unless there be good cause to the contrary, order such action to be tried accordingly, and thereupon the plaintiff shall lodge the original writ and the order with the registrar of the county court mentioned in the order, who shall appoint a day for the hearing of the cause, notice whereof shall be sent by post or otherwise by the registrar to both parties or their attorneys, and the cause and all proceedings therein shall be heard and taken in such county. court as if the action had been originally commenced in such county court; and the costs of the parties in respect of proceedings subsequent to the order of the judge of the superior court shall be allowed according to the scale of costs in use in the county courts, and the costs of the proceedings previously had in the superior court shall be allowed according to the scale in use in such latter court."

Transfer of equity suits.-By sect. 8 proceedings in equity may be transferred to county courts which might have been cominenced therein. "Where any suit or proceedings shall be pending in the High Court of Chancery, which suit or proceeding might have been commenced in a county court, it shall be lawful for any of the parties thereto to apply at chambers to the judge to whose court the said suit or proceedings shall be attached to have the same transferred to the county court or one of the county courts in which the same might have been commenced, and such judge shall have power upon such application, or without such application, if he shall see fit, to make an order for such transfer, and thereupon such suit or proceeding shall be carried on in the county court to which the same shall be ordered to be transferred, and the parties thereto shall have the same right of appeal that they would have had had the suit or proceeding been commenced in the county court."

Specific performance.-Sect. 9 relates to suits in which jurisdiction under the 28 & 29 Vict. c. 99, may be exercised. "The jurisdiction which is given by the Act passed in the session holden in the twenty-eighth and twenty-ninth years of the reign of her Majesty, intituled An Act to confer on the county courts a limited jurisdiction in equity,' so far as relates to cases coming within the fourth head of the first section of the said Act, may, from and after the passing of this Act, be exercised in all suits for specific performance of or for the reforming, delivering up, or cancelling of any agreement for the sale, purchase, or lease of any property where, in the case of a sale or purchase, the purchase-money, or in case of a lease the value of the property, shall not exceed £500. (See 5 Exam. Chron. 271; Law Rep. 3 Equity, 271; 2 Leg. Reas. Why, 41, 42.)

Poor plaintiffs at law. By sect. 10, actions for malicious prose