employers and employed under contracts of service; and, upon full consideration, he thought that the new Act was not wholly substituted for the old one, but that the Legislature intended that such provisions only of the old Act should be cancelled as were repugnant to the new one-such, for instance, as the summary and absolute imprisonment of workmen misbehaving. In all other respects the powers of the magistrates under the original Act will still remain in force. Where, upon the hearing of a summons for wages under the old Act, it is proved that the contract has been broken, and that a dispute exists as to the rights of the employer or the employed, it might be urged that the summons should be withdrawn, and proceedings in compensation or damage should be commenced under the new Act by information or complaint in writing; but it was by no means clear that it would be competent for the magistrate to treat the mere non-payment of wages as a question upon which he could assess and determine the amount of compensation or damage.

C.-Assuming the articles expire in that part of May, 1869, which forms a portion of Easter vacation, the articled clerk might be examined in the term preceding such vacation, that is, in Easter Term; but if the articles do not expire until that part of May which falls in Trinity Term, then not till that term. (23 & 24 Vict. c. 127; 1 Exam. Chron. 11, 12.) The Easter vacation is, however, so short that there can be little advantage derived from an earlier examination than could, but for the statute, have been passed, viz., in the Trinity Term following. We should also fear that the examiners might be a little more stringent with a candidate coming before his regular time, and unless some detriment will be sustained we would advise you to wait the full time.

То

THE MASTERS AND WORKMEN (COUNCILS OF CONCILIATION) BILL. -Lord St. Leonards has written the following respecting this measure:-"The above Act is simply a permissive one, and not compulsory. Men as well as masters, therefore, will require a copy of the Act in order to know how to avail themselves of its powers. supply this want I have, with the kind assistance of Messrs. Eyre and Spottiswoode, arranged for the immediate circulation throughout the country of copies of the Act. They will be directed to the mayors of all the hives of industry for circulation by them-a task I am sure they will willingly perform. I will only add that, although the Act may not stop actual strikes, it will fail in its object if it do not prevent strikes.”

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last edition of Davis's preferred.-Address George Crumbie, 31, High Petergate, York.

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R. The number of candidates is not always given, nor the number of rejected, but these particulars appear in the annual report of the Council of the Law Institution, as will be seen in the present number.

3. You

S.-1. You can have the separate numbers to complete "Legal Reasons Why." 2. For most things you can rely on the 1848 edition of Stephen; but some portions would mislead you, as Common Law and Equity Practice, Bankruptcy, &c. cannot do better than carefully read Davidson, including the forms, though without practice you will find this somewhat difficult. Lewis's Conveyancing contains much information conveyed in rather a critical style, but the work would be found useful for its explanations. 4. Broom's Commentaries on Common Law is generally recommended, but it is rather expensive. It certainly is the best one book, if you must confine yourself to one. Lord St. Leonards is usually recommended on the Real Property Statutes, but we think Mr. Sheefor's work is more likely to be useful to a student; the other is, however, the book of authority.

ARREARS OF SUBSCRIPTIONS.- -We are sorry to have occasion to refer again to this subject, which is, however, forced upon us by the extraordinary neglect of so many subscribers to pay not merely the current subscription, but the arrears thereof, which, in not a few instances, have been of considerable amount. Not long ago we were compelled to cut off about fifty subscribers (if we can properly apply that designation to persons who did not pay) on account of their arrears, and we fear we must do so to a yet greater extent. We are unwilling to have recourse to so extreme a measure, but in justice to ourselves we cannot forbear. It seems extraordinary that a publication expressly grounded on the principle of pre-payment should be thus treated; it mostly arises from particular individuals asking for a little delay, and then when we grant it, continuing the neglect under various pretences. We really shall be obliged to be firmer, and refuse altogether to permit any, even the slightest arrear. We now ask all our subscribers to pay up not only their arrears, but the current subscription.

MICHAELMAS TERM, 1867.-The Lord Chancellor will receive the judges, Queen's Counsel, &c., at his lordship's residence, No. 7, Eaton-square, on Saturday, the 2nd of November (the first day of Michaelmas Term), at twelve o'clock.

MICHAELMAS TERM, 1867.-The number of cases on the lists of the common law courts for the Michaelmas Term just commencing are as follows:-Queen's Bench, 134, of which there are 91 on the special paper for argument; in the Common Pleas there are 68; and in the Exchequer only 20; making the total 222. The new trials amount to 49 in the three courts: 27 in the Queen's Bench, 15 in the Common Pleas, and 7 in the Exchequer. Besides the number

already mentioned in the Queen's Bench there are 16 enlarged rules; in the Common Pleas there are 15 enlarged rules, 8 matters for judgment, and 30 demurrers; whilst in the Exchequer, besides the new trials, there is one error and appeal for judgment; two rules in the peremptory paper, and 10 rules in the special paper.

NEW COMMON LAW RULES.-At the commencement of Michaelmas Term some new rules, under the recent Act for the dispatch of business at the judges' chambers, will be promulgated. The masters of the common law courts may officiate in matters specified in the new rules, but not in relation to the liberty of the subject.

LORD KINGSDOWN.-Lord Kingsdown died at his seat, Torre-hill, in Kent, on Monday, the 7th day of October, 1867. He was born in February, 1793, and was descended from a Lancashire family. His family name was Pemberton. He was called to the bar by the Honourable Society of Lincoln's-inn in 1816. He received a silk gown in 1829, and for many years stood at the head of the Rolls Court. He became Attorney-General to the Prince of Wales in 1841. Upon the death of Sir Robert Leigh, a kinsman, in 1843, Mr. Pemberton succeeded to the Wigan estates, and then retired from the bar. He was sworn of the Privy Council as Chancellor of the Duchy of Cornwall, and shortly afterwards entered upon his judicial duties as a member of the Judicial Committee of that body. These duties he continued to perform for twenty years with unremitting diligence, but entirely without emolument, and with no outward recognition of his services, except the peerage which was first offered to him by Lord John Russell in 1853, and eventually conferred on him by Lord Derby in 1858. During the greater part of his career at the bar Mr. Pemberton sat in the House of Commons, in the Conservative interest, for the borough of Rye, and afterwards for the borough of Ripon. In 1858, upon the formation of Lord Derby's administration, the Great Seal was offered to Mr. Pemberton, but it was refused. The cases of "Gorham v. the Bishop of Exeter," of "Liddell v. Westerton," "Long v. Bishop of Cape Town," and Essays and Reviews," were decided by committees of the Privy Council, in which Lord Kingsdown took an active part, and they were decided in entire conformity with his views. Lord Kingsdown was never married; his title, therefore, becomes extinct.

66

NEMO.-If, as we assume was the case, you were articled to your late father, and not (as is sometimes done) to him and his partner, your brother, then on your father's death your articles should have been assigned to your brother, and the fact of your having since been in his office will not be of any avail, and will not reckon in calculating your time of service under articles. You should at once be assigned, if, indeed, that will now suffice; some persons contend that under such circumstances you must enter into fresh articles, but unless the five years have actually expired, we do not see the necessity for this.

MOOT POINTS.

No. 30.-Undermining wall.--Subsequently to the erection of A.'s wall B. plants trees in his own land, the roots of which so undermine A.'s wall that it falls. What remedy has A. -JOSEPH GIBBS, Mildenhall, Soham.

No. 31.-Ejectment by heir of copyholder.-Can the heir of an unadmitted devisee of copyholds bring ejectment or trespass without first taking admission? I am aware that the heir of copyholds can. -JOSEPH GIBBS, Mildenhall, Soham.

No. 32.-Legacy duty-Forgiving debt.-Testator by his will "forgives" A. (a friend) a debt of £50. Is legacy duty payable by A.? If so, is there any mode whereby a debt may be absolutely forgiven by will so as to evade the payment of legacy duty on the sum forgiven -FRED. ACTON, Elm-avenue, Nottingham.

No. 33.-Covenant for production of deeds.-A. has two houses adjoining each other which he mortgages to B. A. sells one house to C., with the concurrence of B., to whom the purchase-money is paid in part satisfaction of mortgage debt. The title deeds relate to both houses, and are in B.'s possession. Would a covenant by A. with C. for their production "run with the land," and if not, by whom should the covenant be entered into ?-FRED. ACTON, Elmavenue, Nottingham.

CORRESPONDENTS ON MOOT POINTS.-We are sorry to say we have mislaid the letter of a subscriber who wished his name to be put down as a correspondent. We shall be glad to hear from him again with his name and address, and we will then take care the same appears in the following number. The following is the only addition to the previous lists, namely, Mr. Wm. Turner, at W. T. Middleton's, Esq., Solicitor, Stone, Staffordshire.

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WELL'S LAW OF EVIDENCE.-WANTED to PURCHASE, a Second-hand Copy of the above-Address, with particulars and price, T. DAVY, 112, East-street, PENZANCE.