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is by plea (p. 267); that of pleas not being mere denials of the plaintiff's claim or right, some very usual ones are the Statute of Limitations, payment into Court, and set-off (pp. 268, 269); that the plaintiff's answer to the defendant's plea is called a replication, to which the defendant puts in a rejoinder (pp. 269, 270); that there may be equitable pleas and replications (pp. 268, 270); that either the defendant or the plaintiff may object to the sufficiency of the other's pleading in point of law by a demurrer, which is followed by a joinder (p. 270); that whilst this latter pleading has for object to take the judgment of the Court on some point of law, the other sort of pleadings (which are necessarily more complex) have for object to raise an issue or issues of fact for the decision of a jury. The reader will further observe that the issues of fact are brought before a jury on notice of trial and its attendant proceedings (p. 271); that notices to admit and produce documents are frequently necessary or proper (pp. 272, 273); that the former disqualifications of witnesses have been for the most part abolished (p. 274); that where there has been a miscarriage on a trial there may be a new trial (p. 274); that some judgments are interlocutory, whilst others are final in the first instance (p. 275); that judgments are enforced by writs of execution, which are either against the party's land or his personal property, or, where the debt recovered amounts to £20, his body. The reader will familiarise himself with the names and abbreviations of these various writs, as, elegit, fieri facias, or, fi. fa., capias ad satisfaciendum, or, ca. sa., &c. pp. 276, 278. He will also notice the additional remedy given to the execution creditor by attachment of debts, or, as it is also termed, by garnishment proceedings (p. 278). On a first perusal the student will not enter very minutely into any particular points, but will endeavour to get at the broad distinctions, and to make application of what he reads by reflecting on what he is reading, and putting imaginary cases to himself. We would advise the student to read the chapter over a second time, and in the course thereof to attend to the more minute points, and, should he not feel himself familiar with the subjects, he would do well to go through the chapter a third time. We know that many will think this very monotonous, and would prefer passing on to other works, and be making what they call "progress," but which should properly be called speed without profit. As to the next book to be taken up, we would advise the clerk who has Stephen's Commentaries to read chap. 10, of vol. iii., which will be found to give a very good and tolerably complete view of common law practice. It would be well to make a second perusal of the above chapter, with a view to become more familiar with the contents. Should

the student not have Stephen's work, then we would recommend him, in lieu of the above chapters, to read the whole of the late J. W. Smith's Elementary View of the Proceedings. The seventh edition appeared in 1860, under the supervision of Mr. S. Prentice, the editor of Chitty's Archbold's Practice. The price is 10s. 6d. It will be found to be a work of much utility, and the student will find it advantageous to give it more than one perusal. Should the articled clerk have the work by him, Mr. Kerr's Action at Law might suffice; but we would not recommend him to procure it, as the former work is much preferable.

The student will by this time have extended his information very considerably, and not have confined his observations to the few points we indicated in connection with our First Book. Indeed, his object will now be to take in as much detail as possible, and to go through, in imagination, the regular proceedings in an action at law-or, still better, he will discuss the various steps with some one more conversant with them, and so endeavour to apply his reading practically, much as though he was really engaged in bringing or defending an action for a client. The preceding works will, however, have scarcely qualified the reader for active practice, and we, therefore, recommend him to peruse our Practice of the Common Law, published in 1859, and which may be had, in boards, post free, for 5s. 6d. We venture to think that this work will be found extremely useful, as entering more fully than the preceding works into details, but still not to such an extent as many other works on Practice, such as Archbold, Lush, Gray, Patterson, &c. &c. It was written expressly for articled clerks, and might be taken up next to the First Book, by those who have fully mastered the 35th chapter above mentioned. Those who require a more complete work on Common Law Practice, and especially the forms, should procure what is called Chitty's Archbold's Practice, by Prentice, 3 vols., price £4, 1858. If the forms are not required, there will be two vols. only, price £2 10s. Another very useful work is Lush's Practice, of which a second edition has been produced by Mr. Stephen, price £2 2s.

With respect to what, for the sake of distinction from Practice, may be termed Common Law Principles, it is more difficult to point out any satisfactory course of reading. The subject is one of a wide extent, and embracing a variety of topics, whilst, on the other hand, it is usual for law books to be confined to particular heads of the law, such as Contracts, Executors, Landlord and Tenant, Ejectment, Fixtures, Evidence, Copyholds, Copyright, Insurance, Wills, Partnership, &c. It is not to be expected that the youthful student should make himself master of such treatises, and, fortu

nately, there are some works which include many of the titles usually separately treated of in the above and similar productions. One of the classes of these works are the Abridgments and Digests, the works denominated Nisi Prius form another class, and works on Contracts and Torts a third-class. With respect to the first class, viz., Abridgments and Digests, we purpose giving a separate notice of the principal of them, but we may remark that they are little suited to beginners, but are rather for the practitioner in search of authorities upon particular heads of the law. The second class of works, viz., those going under the names of Nisi Prius, are not much better than the Abridgments and Digests, there being little more than a selection of the principal cases, arranged under such titles as Account, Debt, Case, Trespass, Covenant, Assumpsit, &c. The principal work of this class is Selwyn's Nisi Prius, of which a twelfth edition appeared in 1859, under the editorship of Mr. David Power, price £2 16s., two vols. A better work than this is the one known as Harrison and Edwards' Nisi Prius, but there has been only one edition, and that in 1838. It may be bought very cheap at the bookstalls. Another work is that by Mr. A. J. Stephens, comprising also the subjects of Arbitration. and Award. There are three vols., price £5 5s., published in 1842. We consider it to be a useful work, but it has not received the approbation of the profession. As it can be purchased secondhand for about 20s., we would advise any one in want of a comprehensive work to purchase it. Roscoe's Nisi Prius is, in fact, a work on evidence, but it also contains much useful information, and serves as an index to the recent cases on common law subjects. The last edition appeared in 1858, edited by Messrs. Smirke and Prentice, the price being 30s. Another work is that by the indefatigable Mr. Archbold, entitled, The Law of Nisi Prius. It comprises the pleadings and evidence in personal actions, and on bills, notes, cheques, ejectment, policies of insurance, &c. There are two volumes, price £2 2s. The date is 1845. They can sometimes be procured cheap at the bookstalls. Another work, of which there has been but one edition, is Leigh's Nisi Prius, published in 1838, in two vols., and which may be purchased second-hand for a trifle. Some portions of this work are of considerable merit, but, on the whole, we would advise the young student not to rely on this or any other work on Nisi Prius, unless he finds it impossible to purchase the other productions which we propose to mention hereafter.

NEW BANKRUPTCY ACT.

24 & 25 Vic., c. 134.

THE last session of Parliament gave birth to an "Act to amend the Law relating to Bankruptcy and Insolvency in England," which, as having made important alterations in that department of the law, will demand the attention of articled clerks, with a view to their examination. It is unfortunate that the Act has not consolidated the law of bankruptcy, so as to present a complete system, but consists of supplementary provisions often not easily reconciled with former enactments, with the addition of a repeal of certain Acts and parts of Acts specified in Schedule G., "and all other Acts or parts of Acts which are inconsistent" with the new Act-a provision in itself pregnant with difficulties. The main provisions of the Act come into operation on the 11th of October, 1861, and the Act may be cited as "The Bankruptcy Act, 1861."

It is not to be expected that we can give the 232 sections of which the Act consists in extenso; indeed, all that can be here done is to present some of the principal provisions with which it is necessary that articled clerks should be acquainted.

Insolvency Court abolished.-One chief object of the Act has been to abolish the separate jurisdiction of the Insolvent Debtors' Court, and to assimilate the proceedings against non-traders with those against traders, which, however, has not been accomplished in every respect (ss. 19, 69, et seq.).

How bankruptcy law put in force.-The following is a short statement of the various modes in which the Bankruptcy Law can be put in force, and by whom, including arrangements between nontraders and their creditors, under former Acts (7 & 8 Vic., c. 70; 24 & 25 Vic., c. 147), and trust deeds for the benefit of creditors' composition and inspectorship deeds, executed by a debtor under ss. 192-200.

Debtor making himself bankrupt.-Any debtor (even though without assets) may make himself bankrupt, whether he be a trader or not (s. 8€).

2. Creditor petitioning.—Any petitioning creditor, on proving that his debtor, whether a trader or not, has committed an act of bankruptcy, may make his debtor a bankrupt (s. 89).

3. Arrangements.-Any debtor (not being a trader) may, with the consent of one-third in number and value of his creditors, present a petition to the Court of Bankruptcy, containing his proposal for liquidation or composition of his debts, and obtain protection for his

person (but not for his property) until consideration of his proposal, which, if carried by certain majorities at two meetings of creditors, may be made binding on all his creditors (7 & 8 Vic., c. 70; 23 & 24 Vic., c. 147).

4. Trust deeds.-Whenever any debtor has arranged with a majority in number representing three-fourths in value of his creditors, for the composition or liquidation of his debts or estate in any way, the rest of the creditors may be bound thereby, and barred from taking proceedings (ss. 192-200). If a petition in Bankruptcy be presented, after the execution, by the debtor only, of such deed, the Court may, for twenty-eight days from such execution, stay the proceedings under the petition, but no protection for his person or property can be granted until the deed, executed by the requisite majority, has been registered (s. 193). In addition there is power for three-fourths of creditors to change any bankruptcy proceedings to arrangements, &c. (s. 185).

5. It may here be added that assignments for benefit of creditors, composition deeds, letters of license, and other deeds or agreements of arrangements with creditors, may still be carried out, without the sanction of the Court of Bankruptcy, where it is not desired to bind dissenting creditors, subject, however, to registration under s. 194. The jurisdiction of the courts.-The following judges and Courts have original or appellate jurisdiction in bankruptcy :

1. The Lord Chancellor and Lords Justices of Appeal in Chancery; 2. The Commissioners in Bankruptcy for the London district; 3. The Commissioners in Bankruptcy for the provinces;

4. The several County Courts (except the Metropolitan County Courts).

It must be borne in mind that by the term "Court of Bankruptcy," or, shortly, "Court," is meant each acting Commissioner, whether in town or in the country.

Jurisdiction of the County Courts.-The County Courts have now jurisdiction in bankruptcy in all cases where a debtor makes himself bankrupt, and states, on filing his petition, that his debts do not exceed £300, in which case, and if the debtor do not reside in the metropolitan districts (the limits thereof being every parish twenty miles distant by the nearest highway from the General Post Office, London, to the parish church of the parish), he is to file his petition in the County Court of the district in which he has resided for the last six months, or the longest period during the six months. he be in custody, he is to file it in the County Court for the district in which he is in custody; but upon adjudication the Court may transfer the proceedings to the County Court in which the debtor would have been required to petition if he had not been in custody

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