been able to form it under the difficulties of the change which has taken place, and in consequence of which some correspondents may have ceased to be subscribers; shortly we shall be able to give a more correct list :

Mr. W. W. Aldridge, T. Goater, Esq., solicitor, Southampton; Mr. E. Arnold, of Petworth; Mr. M. G. Booty, H. T. Robinson, Esq., Leyburn, Yorkshire; Mr. J. P. Chatham, 28, George-street, Hull; Mr. F. A. Cole, Hales Owen, near Birmingham; Mr. G. Cousen, Wheatleys, Gomershall, near Leeds; Mr. J. G. B. Edwin, 99, Lisson-grove, Marylebone, London; Mr. S. J. Elliott, Trapezium Cottage, Southsea; Mr. T. D. Goodman, Messrs. Challinors, solicitors, Leek, Staffordshire; Mr. J. F. Halton, Messrs. Lowndes, Bateson, and Co., 3, Brunswick-street, Liverpool; Mr. F. Hartley, 15, Bankhouse-street, Burnley; Mr. R. Hewlett, Messrs. Freston and Heelas, Stroud; Mr. J. Hind, G. Deverill, Esq., solicitor, Nottingham; Mr. C. Houghton, Messrs. Bickerstaff and Myers, solicitors, Preston; Mr. E. Hughes, 148, High-street, Woolwich; Mr. J. A. Hughes, at R. D. Williams, Esq., solicitor, Caernarvon; Mr. J. Ibberson, Church-street, Dewsbury; Mr. E. Johnson, Messrs. Parrott and Co., Macclesfield; Mr. C. Jupp, 8, New Inn, London; Mr. J. M. King, Market-hill, Coggeshall, Essex; Mr. C. Kirby, jun., C. Kirby, Esq., solicitor, Knaresborough; Mr. J. W. S. Lavender, solicitor, Bury-hall, Wolverley, near Kidderminster; Mr. W. T. Lloyd, 54, Castle-street, Liverpool; Mr. J. Michelmore, Exeter; Mr. C. M. Morris, Messrs. Lowndes, Bateson, and Co., 3, Brunswick-street, Liverpool; Mr. H. M. Ogle, the Gungrog, near Welchpool; Mr. H. B. Richardson, at Messrs. Hesp and Moody's, Scarborough ; Mr. C. Robinson, R. Robinson, Esq., Bedern Bank, Ripon; Mr. G. R. Rogerson, Messrs. Rogerson and Peacocks, solicitors, 4, Chapel-street, Liverpool; Mr. A. K. Rollett, 7, Lansdowne-terrace, Hull; Mr. T. G. Sandy, Wolverhampton; Mr. E. Shearm, Stratton, Cornwall; Mr. W. M. Sherring, 57, Great Russell-street, London; Mr. F. Taylor, Messrs. Rhodes and Sons, Market Rasen; Mr. M. A. Troughton, Milton House, Milton-on-Thames; Mr. S. W. Turner, Bank-street, Sheffield; Mr. J. Walker, Messrs. Challinor and Co., solicitors, Leek; Mr. E. A. Ward, Moat House, Castle Bromwich, near Birmingham; Mr. F. J. Warner, Messrs. Warners, Winchester; Mr. C. F. Wilson, Keswick; Mr. W. Whitton, 22, Wood-street, Northampton; Mr. C. F. Wilson, R. Broatch, Esq., solicitor, Keswick.

If we have made any omissions from, or mistakes in, the above list, we shall be ready to make the requisite additions or alterations in the next number, when we hope to be able to announce some additional names from among our numerous subscribers.

EXAMINATION QUESTIONS AND ANSWERS.

HILARY TERM, 1861.

I. PRELIMINARY.-I. Where, and with whom, did you serve your clerkship? II. State the particular branch or branches of the law to which you have principally applied yourself during your clerkship III. Mention some of the principal law books which you have read and studied. IV. Have you attended any, and what, law lectures?

COMMON LAW.

I. Give a brief account of the concurrent and peculiar jurisdictions of the Courts of Queen's Bench, Common Pleas, and Exchequer. ANS. These Courts, which are usually termed the Superior Courts of Common Law at Westminster (F. Bk. 359), have concurrent jurisdiction in all personal actions, so that a plaintiff in such actions has the option of proceeding in either of them. The Court of Queen's Bench possesses a peculiar jurisdiction in criminal matters, and also in superintending the inferior tribunals and civil corporations. The Court of Common Pleas has peculiar jurisdiction in actions of dower or freebench and quare impedit, acknowledgments of assurances by married women, and registration of judgments, crown debts, annuities, &c.; in appeals from the decisions of the revising barristers, and over railway or canal companies withholding reasonable facilities for receiving, forwarding, and delivering of traffic thereon, or obstructing the public in any way in the use of the railways or canals (1 L. Č. 135, 325). The Court of Exchequer has the exclusive management of revenue matters (F. Bk. 359-361; 3 Steph. Com. 386, et seq.).

II. How are the costs of the cause to be apportioned when the plaintiff has accepted money paid into court in respect of a particular sum or cause of action, but goes on for more, and is defeated as to the residue of his claim ?

ANS. By R. G. H. T. 1853, pl. 12, where money is paid into Court in respect of any particular sum or cause of action in the declaration, and the plaintiff accepts the same in satisfaction, he will, when the costs of the cause are taxed, be entitled to the costs of the cause in respect of that part of his claim so satisfied, up to the time the money is so paid in and taken out, whatever may be the result of any issue or issues in respect of other causes of action (Com. Law Pract. 136; 2 L. C. 225; Cook v. Ho. 2 Jur. N. S. 66).

III. When any number of days, not expressed to be clear days, is prescribed by the rules of practice of the courts, how are they to be reckoned?

ANS. By R. G. H. T. 1853, pl. 174, in all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same is to be reckoned exclusively of the first and inclusively of the last day, unless the last day happen to fall on a Sunday, Christmas Day, Good Friday, or a day appointed for a public fast or thanksgiving, in which case the time is to be reckoned exclusively of that day also (See Com. Law Pract. pp. 55, 56; as to non-appearance to endorsed writ, see Rowberry v. Mo. 18 Jur. 452).

IV. What is an "issue ?" and how are issues in fact, and issues in law, respectively raised and decided?

ANS. An issue is commonly said to be the end of the pleadings, and is raised when some fact is asserted by the pleadings of one party and denied by the other, or some proposition of law is affirmed by the one and denied by the other: the former is an issue of fact, the latter of law (F. Bk. 270). Issues of fact are decided by a jury, except where they are, by consent of parties and order of a judge, tried by a judge alone (C. L. P. Act, 1854, s. 1; Com. L. Pract. 175). Issues of law are decided by the judges sitting in banco (F. Bk. 270).

V. A., B., and C. are sued together on a joint promissory note; they are also sued for breaking and entering a close. Judgment is recovered against A. alone in each action. Has A. a right to contribution from his co-defendants in either action?

ANS. A. has a right to contribution in the action on the promissory note, it being a contract, but not in the action for breaking and entering the close, that being a tort; it being established that whilst contribution may be had as between joint contractors, it cannot be had by one of several joint wrong doers against another, although the one claiming contribution may have been compelled to pay the entire damages recovered as compensation for the tortious act (Broome's Maxims, 654, 3rd ed.; Addis. Contr. 210; Rodgers v. Maw, 16 L. J. Ex. 137; 3 L. C. 9, 10; Exam. Ques. p. 42, No. ix.).

VI. What is the general common law rule as to interest on a debt, in the absence of any express stipulation to pay it?

ANS. Formerly interest was not in general payable on any debts unless expressly agreed on, or unless a promise could be implied from the usage of trade or other circumstances, or unless the debt were secured by a bill of exchange or promissory note, which latter always carried interest (per Abbott, C. J., in 2 B. and Cr. 249;

see Id. 381). But by the 3 & 4 W. 4, c. 42, ss. 28, 29, interest is recoverable on all debts or sums certain payable by virtue of any written instrument at a certain time, from the time when such debts were payable, or if payable otherwise than by a written instrument, then from the time when demand of payment shall have been made in writing, so as such demand give notice to the debtor that interest will be claimed from the date of such demand until the time of payment (Rosc. Evid. 396-399, 9th ed.).

VII. What communication should an attorney have with the opposite party previous to trial, upon his documentary evidence; and what is the consequence of neglecting to take the proper steps?

ANS. The attorney should serve, on the opposite party, a notice to admit and inspect the documents intended to be given in evidence by his client, otherwise no costs of proving any such documents will be allowed, except in cases where the omission to give the notice is, in the opinion of the Master, a saving of expense (C. L. P. Act, 1852, s. 117; Com. L. Pract. 156-159; R. G. H. T. 1853, pl. 29, 30 ; F. Bk. 272). If the opposite party have in his possession any written instrument which it is desired to put in evidence, he or his attorney or agent should be served with a notice to produce it at the trial; otherwise, if not produced, the party will be unable to use it, as no secondary evidence of it can be given, it being a rule that the best evidence which the case will admit of must be produced, and that is the original document, unless a refusal to produce it after notice be shewn (F. Bk. 273; Com. Law Pract. 159; Com. L. Princ. 12-14, where the exceptions are stated).

VIII. In what instances can entries in the writing of a deceased person be given in evidence to prove the facts stated in them? ANS. Where a person having peculiar means of knowing a fact, makes an entry or declaration of that fact, either in a course of discharging a professional or official duty, or in the ordinary course of business, or against his interest, it is evidence after his death, if he could have been examined respecting it in his lifetime (see Rosc. Ev. 49, 9th ed.; Doe v. Tu., 3 B. & Ad. 890; Reg. v. Du., 11 Q.B. 678).

IX. How is the debt affected in law when the payee of a promissory note dies, leaving the maker of the note his executor?

ANS. If the payee of a promissory note die without having transferred the note, leaving the maker of the note his executor, this appointment operates at law as a release of the debt. In equity, however, the executor is bound to account to the estate of the testator. (Toller's Exec. 349, 350; 3 Bac. 432, 7th ed.)

X. What are writs of fi. fa. and ca. st., and whence are these names derived? Can they be used together, and can the latter be always resorted to?

ANS. A writ of fi. fa. is a writ of execution on a judgment, and is so called from the contraction of two Latin words formerly used in the writ, "quod fieri facias de bonis," that is, that the sheriff should "cause to be made of the goods and chattels" of the defendant the amount recovered. A ca. sa. is another writ of execution on a judgment, and is so called from the contraction of two Latin words used in the writ, which commanded the sheriff "capias ad satisfaciendum," that is, should take the body of the judgment debtor into custody till satisfaction should be made of the amount recovered. It is not usual to is-ue the two together, for a fi. fa. cannot be put in force after taking out a ca. sa., nor can the latter after a partial levy on the former, until after a return is made; there is no other objection to a concurrent issue of the writs (26 L. J., Ex. 208; Com. Law Prac. 209). No ca. sa. can be issued if the amount of the sum recovered, exclusive of costs, do not exceed £20 (7 & 8 Vic. c. 96, s. 57; Com. Law Prac., 249-250; L. C. 403; 4 Id. 419). XI. What penalty is incurred upon signing judgment for want of a plea, where the writ of summons has not been specially indorsed, when the defendant is within the jurisdiction, and the claim is for a liquidated demand?

ANS. In such a case the plantiff is not entitled to more costs than if he had made such special indorsement, and signed judgment upon non-appearance (Com. Law Proc. Act, 1852, s. 28; Markham, 15). XII. Define "general average" and "particular average?"

ANS. General or gross average is whenever damage or loss is incurred by any particular part of a cargo for the preservation of the rest; that is, the several persons interested in the ship, freight (Selw. N.P. 949, 11th ed.), and cargo, must contribute their respective proportions to indemnify the owner of the goods thrown overboard, against the loss which he has incurred for the good of all. It is essential that the ship should have been saved, and that the goods thrown overboard should have contributed thereto (Law Dict. 39-40). Particular average occurs in the case of small averages, i.e., partial losses which might be claimed in respect of certain perishable commodities. The expression is sometimes, but incorrectly, used, to denote every kind of partial loss happening either to the ship or cargo from any cause whatever (4 Bac. Abr. 428, 7th ed.).

XIII. When a factor sells goods for an undisclosed principal, in

whose name may an action be brought for the price of the goods and what is the rule of set-off applicable in these cases?