landlord, which he must pay or tender to such superior landlord; whereupon further proceedings become illegal, and the goods recoverable by the lodger on the order of two justices or a stipendiary magistrate.

Under what circumstances may a landlord distrain for rent on the cattle of a stranger found on his tenant's land?

1. If they are put in by the consent of the owner. 2. If they break through fences, provided that if the lands were not sufficiently fenced by the landlord they must be levant and couchant. the landlord or tenant have not fenced when under an obligation to do So, after actual notice.

At what time can a distress be made, and how?

3. If

It must be made in the day, i.e., between sunrise and sunset; it cannot be made in the night except for cattle damage feasant, because they might otherwise escape.

The distress is made by the landlord or his agent or bailiff either during the continuance of the tenancy or within six months of its determination, and seizing a portion of the goods in the name of the whole; the whole amount of the rent should be distrained for at once, unless there is not sufficient on the premises, or there is a mistake in value, and when the distress is taken the things must be impounded, and written notice of the cause of distress given to the tenants. It must be remembered that an outer door cannot be broken open to make a distress, but when the landlord is in the house an inner door may be broken open.

When animals which have been distrained upon for rent are impounded, what is the law with reference to their support?

By 12 & 13 Vict. c. 92, ss. 5 and 6, the distrainor is bound to supply them with sufficient food and water upon a penalty of 20s. for every refusal or neglect, to be adjudged by a justice in a summary way.

To what extent was a distrainor liable prior to the passing of 11 Geo. II. c. 19, if any irregularity occurred in making a distress, and how was the law altered by that Act?

If any irregularity was committed before the passing of 11 Geo. II. c. 19, it vitiated the whole, and made the distrainor a trespasser ab initio; but now by the statute, if any rent is justly due, any irregularity shall not vitiate the distress, or make the party distraining a trespasser ab initio as above, but the party grieved shall only have an action for the real damage sustained, and not even that, if tender of amends is made before action brought.

Under what circumstances, if any, is it lawful for a landlord to break open a house, to enable him to distrain?

Assuming goods to have been fraudulently removed and locked up to prevent a distress, the landlord may within thirty days afterwards follow them, and by the assistance of the peace officer of the parish (an oath having been made before a justice, in case it is a dwelling-house, of a reasonable ground to suspect that such goods are concealed therein), break open in the daytime any place where they are found to be.

When the landlord distrains for rent, after what time and subject to what precautions can he proceed to sell?

He cannot sell the goods until five days next after the distress is taken, and notice of the cause of the distress given, so as to give the tenant a chance to replevy before the sale. The goods must be appraised by two duly sworn appraisers. The landlord is not bound to sell on the expiration of the five days; he may wait a reasonable time.

If any irregularity occurs in making a distress, is the distrainor a trespasser ab initio ?

Not now by 11 Geo. II. c. 19, if any rent is justly due; he was formerly.

A. owes B. £100 for goods sold and delivered to A. by B., and agrees with B. to give to him £50 in satisfaction of the £100; the £50 is paid to B. by A.

A. also owes B. £100 for money lent to A. by B., and agrees with B. to deliver to him a chattel worth £50 in satisfaction of the £100; the chattel is delivered to B. by A.

Has B., in each or either case, any claim upon A., and, if so, to what extent ? Give the reason for your answer.

In the first case B. has a claim on A. for the balance, because the taking of a smaller sum of money in lieu of a greater sum of fixed or certain amount does not answer to the legal idea of "satisfaction." But if any thing except money be taken in lieu of a fixed sum of money, the action for the latter will be barred, however much its amount may exceed the value of the thing so accepted.

What is the decision of an arbitrator called, and is it final? and in what way may it be enforced?

Where the parties injuring and injured submit all matters in dispute concerning any personal chattels or personal wrong to the judgment of two or more arbitrators to decide, and if they cannot agree, then to an umpire; the decision, when arrived at, is called an award, which is in writing. The subject is mainly governed

by 9 & 10 Will. III. c. 15, and 3 & 4 Will. IV. c. 42. The award is usually final, and no objection can be taken to it not apparent on the face of the award, otherwise application must be made to set the award aside before the last day of the term in which such award shall be published. It must be made a rule of Court, and then the parties disobeying it are liable to be punished as for a contempt of the Court.

CHAPTER II.

REDRESS BY OPERATION OF LAW.

In what two various ways is redress effected by mere operation of law?

(i.) In the case of retainer, i.e., where a creditor is executor or administrator, and is thereupon allowed to retain his own debt before any other creditors of the same degree.

(ii.) Remitter, i.e., where one who has a good title to lands, &c., comes into possession by a bad one, and is thereupon remitted to his ancient good title, which protects his ill-acquired possession.

Explain upon what ground, and under what circumstances, an executor may retain his own debt; and will it make any difference if he is an executor de son tort?

Where a creditor is an executor or administrator, because the executor cannot without an apparent absurdity commence an action against himself as a representative of the deceased to receive what is due to him in his own private capacity, but he cannot retain his own debt in prejudice to those of a higher degree, neither to the prejudice of his co-executor in equal degree. Nor shall an executor of his own wrong be in any case permitted to retain. Moreover, the right of retainer exists in respect of legal assets only.

CHAPTER III.

THE COURTS IN GENERAL.

What is a Court?

A place wherein justice is judicially administered by officers delegated by the Crown being either of record or not of record, the former having its acts and judicial proceedings enrolled for a perpetual memorial, with power to fine and imprison for contempt.

Where not of record (being generally courts of inferior jurisdiction) they have not such powers.

What is a Court of Record?

A Court of Record is one whereof the acts and judicial proceedings are enrolled for a perpetual memorial and testimony, which rolls are called the Records of the Court, and are of such high and supereminent authority, that their truth is not to be called in question.

What constituent parts are incident to all courts ?

(i.) A plaintiff; (ii.) a defendant, and (iii.) a judge; and with us usually solicitors, advocates, or counsel, viz., either barristers or serjeants-at-law.

To what extent, if any, is counsel responsible for statements made by him in the conduct of an action?

He is liable if he mentions an untruth of his own invention, or even upon instructions if the matter be wholly impertinent to the case in hand.

CHAPTER IV.

THE INFERIOR COURTS OF JUSTICE.

Mention the various inferior courts of justice,

(i.) The Court Baron; (ii.) the Hundred Court; (iii) the Sheriffs' County Court; (iv.) the County Courts; (v.) the several courts which exist within many of the cities, boroughs, and corporations throughout the kingdom, and held by prescription, charter, or Act of Parliament; (vi.) the Court of the Commissioners of Sewers; (vii.) the Court of the Stannaries of Cornwall and Devon; (viii.) the Courts of the two Universities of Oxford and Cambridge; (ix.) the Ecclesiastical Courts, viz. (a) the Archdeacon's Court; (b) the Consistory Court of the Bishops; (c) the Court of Peculiars, and (d) the Court of Arches.

What is a court baron?

A court holden by the steward in every manor. It is of two natures, the customary court belonging to the copyholders, in which the estates are transferred, &c., and the other was a court of common law held before the freeholders of the manor, and having jurisdiction in any personal action of debt, case or the like, when the debt or damage did not amount to 40s., as well as to determine controversies relating to the rights of lands within the

manor.

Give some account of the County Courts.

The establishment of the County Courts took place on the judicial business of the old Sheriffs' County Court (which fell into disuse by reason of its dilatory and expensive proceedings) and that of the Courts of Request or Conscience being transferred to these new courts by 9 & 10 Vict. c. 95, and by subsequent statutes.

The Act of 1846 erected a certain number of county court districts in each county, in each of which districts a court is held once a month or otherwise as directed, and is constituted a Court of Record, with a judge and registrar, and other necessary officers; and by 30 & 31 Vict. c. 142, the plaintiff enters his claim either (i.) in the County Court of the district in which the defendant resides or carries on business at the time; (ii.) by leave of the judge or registrar, in which he has dwelt or carried on business for six months previous; or (iii.) by leave, where the cause of action in whole or part arose.

What is the limit of the jurisdiction of the County Court in matters of contracts, tort, or title?

In all actions of contracts where the amount sued for does not exceed £50, and in actions of torts, with the exception of breach of promise of marriage, libel, slander, seduction, or malicious prosecution, where the sum does not exceed £50.

In actions of ejectments when neither the value of the property nor the rent exceeds £20 per annum, and in actions to determine the title to hereditaments corporeal or incorporeal to the same

amount.

Under what circumstances may a defendant in an action of tort who is sued in the Superior Court get the cause remitted to the County Court?

If the action be one of malicious prosecution, illegal arrest, or distress, assault, false imprisonment, libel, slander, seduction, or any other action of tort, the defendant may apply to make the plaintiff give security for costs, supporting his application by affidavit that the plaintiff has no visible means of payment of costs in the event of a verdict being found against him, and unless this be done within the time limited by the order the cause will be remitted accordingly.

What penalty is imposed when an action which ought to be brought in the County Court is brought in the Superior Court?

If on contract, and the plaintiff does not recover more than £20, or if on tort more than £10, the plaintiff will not get his costs unless the judge certifies that there was sufficient reason for so trying such action, or the judge at chambers allows the costs.