than a transcript of the pleadings from beginning to end, concluding with the words "therefore let a jury come," &c. When made up it is indorsed with a notice of trial, and delivered to the opposite side. Ten days are full notice, and four days short notice, of trial.

The nisi prius record must then be made up, which is a history of the suit up to trial, and a printed panel of the jurors, as also particulars of demand, and set-off (if any), must be annexed to it. This is for the use of the judge at the trial. When the time of trial arrives, the nisi prius record must be carried down to the sittings or assize town, and the cause entered, otherwise it cannot be tried.

The briefs are also prepared, which contain a statement of the pleadings, case, and evidence, and delivered to counsel, and consultations appointed and attended; the witnesses are at the proper time served with subpoenas to attend the trial for the purpose of giving evidence; and notices to inspect and admit, and produce documents, are also given.

When the time of trial comes the jury are sworn, and the cause tried in due course, and a verdict given or plaintiff nonsuited, and a minute of that fact is indorsed on the back of the nisi prius record by the judge's associate. From this minute the postea is afterwards drawn up, which is a formal statement indorsed on the nisi prius record of the proceedings at the trial. It is called postea because it commences with the word "Afterwards," and then proceeds to state the coming of the parties before the judge, the swearing of the jury, and the verdict.

If the verdict be not molested in any manner, the next step is to sign judgment. Judgments are either interlocutory or final. If necessary this judgment may be enforced by execution. The ordinary writs of execution are fieri facias, whereby the debtor's goods and chattels are taken; and elegit whereby his goods and chattels, lands and tenements, &c., may be taken.

We have now stated the ordinary steps in an action when the cause tried is one of fact, but there are generally many other interlocutory applications occurring in the course of a suit, such as applications for further time to plead, for delivery of particulars of demand or set-off, to change the venue, &c., and these applications are made to a judge at chambers on summons. There may be also motions for a new trial, in arrest of judgment, or for judgment non obstante veredicto, or the like, which are made to the court on motion.

If the issue be one of law raised by demurrer, a demurrer book must be made up, which is a transcript of such part of the pleadings as relates to the dispute in point of law only. The demurrer is then set down in the special paper in the court in which the action is brought. When the demurrer has been set down for argument in the special paper, notice must be given to the other side, and four clear days before the day for argument the plaintiff must deliver copies of the demurrer book to the Lord Chief Justice or Lord Chief Baron and the senior puisne judge or baron, and the defendant to two other judges, and in case of either party neglecting to do this the other side may do so the next day; and the party in default cannot be heard till he has paid for the copies so delivered by his adversary. A statement of points is exchanged between the parties. When these preliminaries have been arranged, the cause is called on and argued before the court, and judgment is pronounced; only one counsel can be heard, however, on each side.

The most usual causes of actions are the following:-1. For detention of debt. 2. For a trespass, which may be either to a man's person, or his

goods, or his lands. 3. For a conversion of goods. 4. For a libel or slander. 5. For fraudulent misrepresentation. 6. For an injury to a party's incorporeal rights. 7. For an excessive or wrongful distress. 8. For use and occupation. 9. For false imprisonment. 10. For a private nuisance or a public one, from which a particular injury has arisen to the party.

BOOKS TO BE READ.-As we have before stated, principles should always precede practice, therefore, the student must first turn his attention to works which treat of the principles of the law.

And first we propose giving a list of works to be read by students who merely wish to pass the examination, and seek not "honours." As a commencement, he cannot do better than read so much of the second volume of Stephen's Commentaries as relates to Contracts; then, if he has not already possessed himself of Chitty on Contracts, and partly read that work for his Intermediate Examination, we strongly advise him to read Smith's Law of Contracts, the late editions of which are edited by Mr. Malcolm, and the price is only 16s.; it contains a course of lectures delivered by the late Mr. Smith at the Law Institution. Or in substitution for this work the articled clerk may read in the same author's Compendium of Mercantile Law, the whole of book 1; ch. 4 in book 2; chs. 1, 2, 8 and 10 to 13 inclusive in book 3; and chs. 1 and 2 in book 4. Should, however, the student have read certain chapters of Chitty on Contracts, he may continue that work to completion, which, when done, we need hardly say will be sufficient on the Law of Contracts. One of the above courses being finished he must turn his attention to practice. The best work is Smith's Action at Law, the late editions of which are by Mr. Prentice, and the tenth edition contains an additional chapter on "Actions against Particular Persons." The rules of pleading will be found in the Appendix of this work, and should be carefully read. For reference and occasional reading the student should possess himself of an edition of the Common Law Procedure Acts. The one by Mr. Markham is the cheapest, the one by Mr. Day the most elaborate; both, however, are good. Smith's Action being carefully mastered, the following statutes should be read :— the 17 & 18 Vict. c. 36 (Bills of Sale Act); the 18 & 19 Vict. c. 67 (The Bills of Exchange Act); the 19 & 20 Vict. c. 97 (The Mercantile Law Amendment Act); the 23 & 24 Vict. c. 126 (Procedure Act, 1860); the 23 & 24 Vict. c. 41 (The Innkeepers Act); the 26 & 27 Vict. c. 105 (The Act to Remove Restrictions on Bills and Notes); the 27 & 28 Vict. c. 95 (Accidents Compensation Act Amendment); the 28 & 29 Vict. c. 45 (The Partnership Law Amendment Act); the 28 & 29 Vict. c. 94 (The Carriers Law Amendment Act); the 29 & 30 Vict. c. 96 (Bills of Sale Amendment Act); the 30 & 31 Vict. c. 142 (The County Courts Act, 1867); the 32 & 33 Vict. c. 46 (Debts of Deceased Persons Act); the 32 & 33 Vict. c. 62 (The Debtors Act); the 32 & 33 Vict. c. 68 (The Evidence Amendment Act); the 33 & 34 Vict. c. 35 (The Apportionment Act, 1870); the 33 & 34 Vict. c. 93 (The Married Womens Property Act); the 34 & 35 Vict. c. 74 (Bills of Exchange Act, 1871); and the 34 & 35 Vict. c. 79 (Lodgers Goods Protection Act). The reader may now take up the common law branch of Hallilay's Digest of the Examination Questions and Answers and make the substance of the answers his own. This done, the candidate may fairly expect to answer the common law paper at the examination creditably.

Should, however, the candidate wish to obtain honours, we advise the

following further course of study in this branch :-Having read some minor work on Contracts, the student should then carefully study Chitty on Contracts, after which he should proceed to Smith's Leading Cases on various Branches of the Law; then works in particular branches of the Ilaw should be read. On Evidence, Mr. Powell's is a suitable one, the third edition of which is published by Messrs. Butterworths, price 16s. On Landlord and Tenant, Smith's is the most readable book; the second edition is by Maude, price 16s., published by Maxwell. On Bills and Notes, if the student does not like to face Byles, he will find in Smith's Handy Book on Bills and Notes, and in the chapter devoted to this branch in Smith's Mercantile Law, a large amount of information. On Practice, if more is wished for than is contained in so much of the third volume of Stephen's Commentaries as relates to Civil Injuries, and the tenth edition of Smith's Action at Law, the Common Law Procedure Acts, and the practice and pleading rules engrafted on them, we advise Lush's Practice to be read as decidedly the most suitable; the third edition being edited by Mr. Dixon in a most able manner; it has the advantage, too, of being very lately published, by Messrs. Butterworths; the price is 21. 6s. In addition to the statutes directed to be read for a 66 "the pass," student for honours should read the following:-the 4 Ann. c. 16, s. 19; the 21 Jac. 1, c. 16; the 3 & 4 Will. 4, c. 42 (Limitations of Actions); the 9 Geo. 4, c. 14 (Lord Tenterden's Act); 5 & 6 Will. 4, c. 41; and 8 & 9 Vict. c. 109 (Gaming, &c.); the 9 & 10 Vict. c. 95; the 13 & 14 Vict. c. 61; and the 19 & 20 Vict. c. 108 (County Courts Acts); the 18 & 19 Vict. c. 111 (Bills of Lading); the 6 & 7 Vict. c. 85; the 14 & 15 Vict. c. 99; and the 16 & 17 Vict. c. 83 (Evidence Acts); the 23 & 24 Vict. c. 127 (Attorneys and Solicitors); the 24 & 25 Vict. c. 62, and 28 & 29 Vict. c. 104 (Crown Suits); the 25 & 26 Vict. c. 88 (Merchandise Marks Act); the 33 Vict. c. 14 (Naturalization Act); and the 33 & 34 Vict. c. 28 (Attorneys and Solicitors Act.)

SECTION II.

CONVEYANCING.

This branch of English jurisprudence, observes Mr. Serjeant Stephen, involves considerations of a very complex and subtle kind, and has been elaborated into a highly artificial system. (a)

The laws of real property, it is said, are founded on the feudal system. This system appears to have been received in England in the reign of William the Conqueror, about which time the great survey, called Domesday Book, was made, and from thenceforth all the principal landholders submitted their lands to the yoke of the military tenure, became the king's vassals, and did homage and fealty to his person. Thus tenures were changed from allodium (holden of no one) to feodum (held of a superior).

These tenures were subject to feuds, of which there became, in course of time, two sorts, proper and improper; aids, of which there were three kinds; reliefs, wardships, and other burdensome exactions, which in their inception were uncertain and at the will of the lord, but became more fixed and less arbitrary by several statutory enactments.

The various kinds of tenures formerly existing seem to have been the

(a) Stephen's Commentaries, vol. i.

following:-Knight's service, which was the most honourable, but was commuted into a money payment, called escuage, before it was abolished; free socage (freehold), which, though not so honourable, was more certain than the former; and villenage, of which latter there appears to have been two sorts, certain and uncertain, i. e., the services rendered in the one case were more certain than in the other: from this tenure of villenage, which was of the basest and most uncertain kind, we are said to derive our copyholds. There were also tenures by cornage (to wind a horn, &c.), by grand serjeanty, and petty serjeanty. Borough English, and gavelkind lands are not, and never were, distinct species of tenure, but are socage tenure, only by custom the lands descend to the youngest son in the first case, and to all the sons equally in the latter.

These tenures, with their burdensome accompaniments, continued to exist till the reign of Charles 2, when they were, by stat. 12 Car. 2, c. 24, all converted into free and common socage; the tenure of villenage was also preserved under the name of copyholds, in which are included customary freeholds, and lands held in ancient demesne. The tenure of grand serjeanty was (without its burdens and exactions) also retained; and reliefs were also preserved.

There is, however, another species of tenure in existence, and occasionally may be met with, viz., the ecclesiastical tenure of frankalmoign.

It is a fundamental principle of the laws of England, either derived from the system of feuds, or at least in accordance with it, that all land is supposed to be held, either mediately or immediately of the king, who is styled the lord paramount. Thus, if the king granted lands to B., and B. granted part of them to C., C. held of B., and B. of the king; B. being the mesne lord and tenant in capite to the king, and C. the tenant paravail. By the stat. Quia Emptores (18 Edw. 1), however, it was provided that after the passing of this Act all feoffments in fee simple should be so made that the feoffee should hold of the chief lord, by such services as his feoffor held. Therefore after the passing of this Act, when lands in fee simple are conveyed, the purchaser holds them not of his feoffor as before the Act, but of the chief lord, who was such at the time the Act passed.

The estate or interest which a man may have in freeholds is either an estate of inheritance, or an estate not of inheritance.

Under the former are classed:-1, An estate in fee simple, for brevity styled in fee, as where lands are given to a man and his heirs, generally, without any restrictive words. 2. An estate tail, which arises on a gift to a man and the heirs of his body; and out of this estate a base fee is sometimes created. An estate in fee tail may be either general, as in the example just given, or special, as where the heirs are to be begotten on the body of a particular wife; they may be also in tail male or tail female.

Of estates of freehold not of inheritance, there are:-1. Estates for life, which includes an estate pur autre vie, as where an estate is given to one to continue during the life of another. 2. An estate which a man holds as tenant in tail after possibility of issue extinct, which can only arise on the gift of an estate in special tail, and the wife from whose body the issue was to come is dead. 3. An estate in dower. 4. An estate by the curtesy of England. We have already given some explanation and the incidents of these estates, ante p. 18, to which the student is referred.

Estates less than freeholds are:-1. Estates for years. 2. Estates at will. 3. Estates at sufferance.

As to copyholds, as before shown, they are derived from the old tenure

of villenage; these are not freeholds, but estates held by copy of court roll at the will of the lord of the manor, of which they form parcel. Being thus held at the will of the lord, and the services being formerly so base and uncertain, they were not deemed worthy the gift of a freeman; but although still held at the will of the lord, it is such a will as is conformable to the custom of the manor.. The freehold and seisin of these estates are in the lord.

Customary freeholds are estates held according to the custom of the manor, but not at the will of the lord.

Lands held in ancient demesne, were lands which, at the time of Edward the Confessor and William the Conqueror, were in the hands of the Crown, although afterwards granted out to private individuals.

Both these species of tenures are now included in the wider appellation of copyholds.

The estate or interest the person claims in these different kinds of property may be in possession, reversion, or in remainder. The difference between the two latter being that a reversion is the remnant of an estate left in the grantor after a particular estate is granted out by him; as if A. be tenant in fee, and grants an estate to B. for life, B. will be the particular tenant, and the estate or interest remaining in A. will be a reversion. A remainder is an ulterior estate granted to some person to take effect after the determination of some particular estate, both estates being created at the same time; as if A., being tenant in fee, grants an estate to B. for life, remainder to C. in fee, here C. has an estate in remainder.

Remainders are of two kinds, vested and contingent. The example just given shows a vested remainder. A contingent remainder is where the ulterior estate is limited either to an uncertain person or upon an uncertain event.

The owner's estate may be either legal or equitable. The former gives him the right to possession and ownership at law; the latter gives him the beneficial ownership in equity, but is not for most purposes noticed at law. Therefore, if A. have the legal estate, and B. the equitable, law gives A. the possession and ownership, but equity compels him to exercise such possession for the benefit of B.

OF THE ALIENATION OF REAL ESTATES.-Prior to the reign of Henry VIII. an estate in fee simple was usually transferred from one person to another by the delivery of some symbol of possession (as a turf or wand), upon the land, attended with apt words. This mode of conveyancing was called a feoffment. It was by the Statute of Frauds (29 Car. 2, c. 3) required to be put into writing, (a) the livery of seisin being still necessary, of which there are two kinds, namely, a livery in deed, and a livery in law. The effect of a feoffment was always to convey some estate of freehold.

This mode of conveyance was used for transferring estates of freehold (except estates tail and dower, of which more hereafter) till the reign of Henry VIII., and, as before stated, in that reign a new mode of conveyance was discovered, by means of the Statute of Uses: (27 Hen. 8, c. 10.) Before this time the Courts of Chancery had begun to exercise jurisdiction over land, and to compel the enforcement of trusts, and had formed themselves into a regular system relating to equitable estates. Thus, if a feoffment were made to A. and his heirs to the use of B. and his heirs, equity compelled A. to hold the legal estate for B.'s benefit, whom they

(a) The 8 & 9 Vict. c. 106, s. 3, now requires a feoffment to be by deed.

D