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PRE FACE

The Trinity Term Examination took place on the 7th of June inst. There were 104 Candidates attending for examination ; of these, ninety-three passed, and eleven were rejected. This is a greater number than at any former period; and we advise our young friends who may be preparing for the examination, to omit no opportunity of increasing their store of knowledge. The examiners are more strict than formerly as to the quantity and quality of the answers. In addition to this, the questions are becoming more difficult, as will be easily perceived by a perusal of the Trinity Term Questions. We have published the questions at the last examination, with full answers and copious references, which, judging from the way in which our former effort was received, will, we doubt not, be acceptable to all those who are preparing for the examination. Our aim has been to give as much practical information on the various subjects touched upon in the questions as our space would admit, and in addition to give references to other sources for further information. We trust that such as do us the favour of a perusal of the answers will not rest content with them, but will pursue the subjects in the works pointed out to them.

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PRELIMINARY. 1. Where, and with whom, did you serve your clerkship?

2. State the particular department, or departments, of the law to which you have principally applied yourself during your clerkship? · 3. Mention some of the principal law books which you have read and studied.

4. Have you attended any, and what, law lectures ?

COMMON AND STATUTE LAW AND PRACTICE OF THE

COURTS. 1. Define respectively common law and statute law.

Ans. The common law, lex non scripta,is that which hath obtained its force by immemorial usage or custom, and doubtless many of those things that now obtain as common law had their original by Parliamentary Acts, which are either not now extant, or if extant were made before the time of legal memory, i. e, before the beginning of the reign of Richard the First; for in many of the old Acts made before the time of legal memory that are still extant, we find many of those things enacted which now obtain merely as common law, or the general custom of the realm, and were the rest of those laws extant, probably the footsteps of the original institution of many more laws that now obtain merely as common law or customary law by immemorial usage would appear to have been at first statute law or Acts of Parliament.

The laws which are usually called “leges scriptæ" being statute laws or Acts of Parliament which are originally reduced into writing before they are enacted, such law being as it were an indenture tripartite between the King, the Lords, and Commons; for, without the concurren

jurisdiction of all these three parts, no such law is or can be made.Hale's History of the Common Law, pages 1, 2, and 3; and see 1 Black, p. 62, et seq.

2. Must a writ of summons be personally served on each of several defendants, being partners in trade?

Ans. You cannot declare against several defendants until they are all before the court; if one, therefore, of several defendants have not appeared, no declaration against all the defendants can be delivered or filed, until an appearance sec. stat. has been entered for them, which cannot be done without an affidavit of personal service.—2 W. 4, C. 39, s. 2.

3. When a defendant cannot be personally served with a copy of a writ of summons, what steps should be taken, supposing him to be in England ?

Ans. Application should be made to the court or a judge for a distringas to compel appearar.ce; for which purpose an affidavit should be made by the person who has endeavoured to serve the writ, stating two calls at defendant's place of residence, the answers received by him, and that at second call a copy of writ of summons was left at the house, and also stating that no appearance has been entered. The application must be made in term time by counsel, on motion in court; in vacation, to a judge at chambers,—thereon a rule or order is granted for a writ of distringas; this writ must be made returnable in term time, and not less than fifteen days from the teste thereof. If the sheriff distrain the goods of the defendant on this writ, you enter an appearance for the defendant as a matter of course.' If the sheriff return nulla bona and non est inventus, the officer must make an affidavit of the attempts made by him to execute the writ, and the plaintiff's attorney must state that no appearance has been entered ; and a second application must be made either to the court or a judge, on which a rule or order will be made for the plaintiff to be at liberty to enter an appearance for the defendant.-Chitty's Archbold Pr., p. 124, et seq.

4. When are defendants liable to be taken on mesne process, and what are the proceedings ? ..

Answer. In general, arrest on mesne process is abolished by 1 & 2 Vic., c. 110; but by s. 3 of that Act, when a plaintiff can show to the satisfaction of a judge of one of the superior courts, by affidavit, that plaintiff has cause of action against the defendant to the amount of £20, or has sustained damage to that amount, and that there is probable cause for believing that the defendant is about to quit England, it shall be lawful for such judge to direct that such defendant be held to bail in such amount as the said judge shall think tit; and thereon it shall be lawful for the plaintiff to sue out one or more writs of capias against such defendant; the affidavit must state that a writ of summons has been issued.

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