Each candidate is required to answer all the preliminary questions (Nos. 1 and 4); and also to answer in three of the other heads of inquiry- Common Law, Conveyancing, and Equity.

The examiners will continue the practice of proposing questions in Bankruptcy and in Criminal Law and Proceedings before Justices of the Peace, in order that candidates who may have given their attention to these subjects may have the advantage of answering such questions, and having the correctness of their answers in those departments taken into consideration in summing up the merits of their general examination. I am, Sir

Your very obedient servant,

A. B.,

Secretary.

The articles, assignment (if any), and questions duly answered by the articled clerk and his principal, and the certificate of having passed the intermediate examination, must be left at the Law Institution, on or before the day named in the above circular; a receipt for the articles and assignment is given.

CHAPTER II.

MODE OF PROCEEDING, AND DIRECTIONS TO BE ATTENDED TO, AT THE FINAL EXAMINATION.

EACH candidate will (on entering the hall) have a number given to him, and will take his seat at the end of the table on which such number is placed.

On the first day a paper of questions will be delivered to him, with his name and number upon it, containing the questions to be answered in writing, classed under the several heads of—

1. Preliminary.

2. Common and Statute Law, and Practice of the Courts.

3. Conveyancing.

On the second day another paper will be delivered to each candidate containing questions in

4. Preliminary.

5. Equity and Practice of the Courts.

6. Bankruptcy and Practice of the Courts.

7. Criminal Law, and Proceedings before Justices of the Peace. Each candidate is required to answer all the preliminary questions (Nos. 1 and 4); and also to answer in three of the other heads of inquiry, viz., Common Law, Conveyancing, and Equity. The examiners will

continue the practice of proposing questions in Bankruptcy and in Criminal Law and Proceedings before Magistrates, in order that candidates who may have given their attention to these subjects may have the advantage of answering such questions, and having the correctness of their answers in those departments taken into consideration in summing up the merit of their general examination.

The answers under the above-mentioned heads are to be written on one side only on separate papers for each head; and the answers to each paper should be written concisely in a plain and legible manner, and signed.

The candidates are to finish their papers of each day by four o'clock, but no answer will be received from any candidate before half-past one o'clock.

After the examination has begun, no candidate is to leave the hall (without permission obtained from the Examiners) until he shall have delivered in his answers; and any candidate who leaves the hall without permission will not be allowed to return.

No candidate will be allowed to consult any book during his examination, or to communicate with, receive assistance from, or copy from the paper of another; and in case this rule is discovered to be infringed, both such persons will be considered not to have passed their examination.

The Examiners require the candidate to "answer the question as directly as he can; and after he has thus answered he may illustrate or enlarge upon his meaning, but a directly correct answer is all that is required by the Examiners to insure the full number of marks :" (From the Speech of Master Templar at the Hilary Term's Examination, 1864.)

F

The greatest number of marks for any one answer is ten. Therefore, if the candidate answers all the fifteen questions he gets 150 marks. If he gets seventy-five marks in each of the three indispensable branches, he will pass (From the Speech of Mr. Cookson, at the Meeting of the Metropolitan and Provincial Law Association, held 1863.)

A wrong answer will not be considered unfavourable, if it display an acquaintance with the subject. But this, of course, will depend upon the number of correct answers besides; for the Examiners require a majority of the questions in the three indispensable heads to be answered correctly.

Notwithstanding the printed recommendation at the top of the sheets for the answers, to answer every part of the question, still, if the candidate cannot give a direct answer to every part of the question, it will be better to state what he does know on the subject, than to leave it entirely unanswered.

When the candidate has finished his answers, he will call an attendant in the room, who will tie them together with the printed copy of the questions; the candidate will then deliver them and the ticket given on his entrance, to the secretary, at the Examiner's table; whereupon he will receive another ticket, which he is to give to the person at the door when he goes away.

The result of the examination is not made known to the candidate until a few days after the examination, when, if successful, he will receive a printed circular to that effect; if unsuccessful, a written or lithographic one.

APPEAL FROM THE DECISION OF THE EXAMINERS.

In accordance with the stat. 6 & 7 Vict. c. 73, it is ordered that in case any person shall be dissatisfied with the refusal of the Examiners to grant such certificate, he shall be at liberty, within one month, to apply for admission, by petition in writing to the Judges, to be delivered to the clerk of the Lord Chief Justice of the Court of Queen's Bench, upon which no fee or gratuity is to be received; which application shall be heard in Serjeants' Inn Hall, by not less than three of the Judges.

The

Under this rule it has been decided that the Examiners are bound to furnish the clerk with a copy of the questions with his answers. following is a report of the case deciding the point :

SERJEANTS' INN HALL, SERJEANTS' INN. DECEMBER 2, 1853.

(Before COLERIDGE, MAULE, and WILLIAMS, JJ.)

This was an appeal under the Act of Parliament, 6 & 7 Vict. c. 73, and the rules relating to the examination of persons applying for admission, from the decision of the Board of Examiners, who had refused the petitioner their certificate, for insufficient answers at the Trinity Term Examination, and praying that he might be admitted. Mr. F. T. Streeten appeared for the petitioner; and Mr. Wilde for the Board of Examiners. Mr. Maugham, the Secretary to the Board, and the Appellant, were also present.

COLERIDGE, J., inquired whether it was the intention of Mr. Streeten to argue on the impropriety of the Questions or the correctness of the Answers.

Streeten said, that he should most probably take both points; but he would make a preliminary application to the effect that the petitioner might be furnished with copies of the answers he had given to the questions that had been placed before him at the Examination. This application had already been made at judge's chambers, but had been adjourned by Mr. Justice Crompton, on the ground that he had no jurisdiction in

the matter, and that it could not be decided except by three of the learned Judges assembled at Serjeants' Inn Hall.

Wilde said he must object to this application being granted, and for the same reason that he had done so at chambers, namely, the great inconvenience the establishment of such a precedent would give rise to, and, also, from the absence of any authority in support. The learned counsel then proceeded to quote the case of an articled clerk who had been rejected at his examination, and had appealed to the Judges. No copies of the answers had been granted in that case to the appellant, but having been furnished to the Judges, they perused them and gave their decision that the candidate was well rejected. This case occurred some years ago.

COLERIDGE, J., said, that no doubt the standard of the Examination had been raised since that case, and that what then would constitute a rejection, might not be so important as a postponement at the present period. The object was to improve the attorney.

Wilde said, that the standard of the Examination had remained the same. The inconvenience of the precedent would be very great. At the termination of each examination, it would be the object of every candidate to obtain copies of his answers, and by the rejected candidate comparing his with those of the successful clerk, the former would fancy himself aggrieved, and appeals would become more frequent. Streeten said, that he made this application under the 3rd rule of the Rules of Court as to the Examination and Admission of Attorneys (Hilary, 1853), framed by the Judges pursuant to the 6 & 7 Vict. c. 73, whereby it is ordered "that in case any person shall be dissatisfied with the refusal of the Examiners to grant such certificate (of fitness and capacity) he shall be at liberty, within one month, to apply for admission, by petition in writing to the Judges," &c. Now, the word dissatisfied, would seem to imply that copies of the answers were to be furnished, or how was the candidate to ascertain whether he was dissatisfied or not, or how could he obtain advice upon the matter? He (Mr. Streeten) might, on perusal of the answers, advise the withdrawal of the petition; but until he had an opportunity of seeing them, he could form no correct or satisfactory opinion of his client's case. As regarded the argument of inconvenience put forward by the Board of Examiners, this was no answer, if their Lordships should be of opinion that he was entitled to his application. Every candidate would not be furnished with copies of the answers, the advantage was only intended for those who had been rejected, so that there would be no comparison of answers between the successful and unsuccessful candidates.

Wilde said, that the petitioner had sworn in his affidavit that he was dissatisfied, so that Mr. Streeten's argument upon this point would fail.

COLERIDGE, J., said that the judgment of a young man, upon such a point, was very different from what probably would be the opinion of his master or adviser, and he (the student) might be counselled that there were no sufficient grounds for his pursuing the appeal.

MAULE, J., said that the master would have no means of ascertaining whether his pupil had passed a creditable examination or not. A youth might successfully undergo a strict personal examination from his master, but still his answers to the Questions of the Board of Examiners might be such as would warrant his rejection. WILLIAMS, J., having concurred, copies of the Questions and Answers were ordered to be given.

Notwithstanding this right of appeal, we should not advise any rejected candidate to avail himself of it, whatever his own opinion may be; for although there have been several appeals, none of them as yet have been successful, at least not to the author's knowledge.

CHAPTER III.

PROCEEDINGS TO BE TAKEN SUBSEQUENT TO THE

EXAMINATION.

THE successful candidate can obtain the Examiners' certificate on the day following the receipt of the notice informing him of his having passed the examination.

When the Examiners' certificate has been obtained, affidavits of due service of clerkship, of having given the notices of admission, and of the payment of the stamp duty must be prepared.

The following may be the form of the affidavit of service under articles and of having given the notices :

day of

1. That I have actually and really served, and was employed by C. D., of gentleman, one of the attorneys of Her Majesty's Court of Queen's Bench at Westminster, and a solicitor of the High Court of Chancery, as his clerk in the practice of an attorney and solicitor, from the day of the date of the articles of clerkship bearing date the 18 for the (a) full term of five [or four, or three] years, pursuant to the said articles hereunto annexed. 2. That I did, before the commencement of term, now last past, enter in the two books kept for that purpose, at the chambers of each of the judges of this honourable_court, a notice in writing, containing my name and then place of abode [or service,] and the name and place of abode of the said C. D.,(b) my said master, purporting that I intended to apply in the then next term to be admitted an

attorney of Her Majesty's Court of Queen's Bench at Westminster.

3. That I did also, three days at least previous to the said term, leave a like notice with the clerk of the Masters of this honourable court, containing in addition to the particulars stated in the aforesaid other notices, my place [or places] of abode [or service] for the last preceding twelve months.

4. That if the said notices or any or either of them were or was afterwards cancelled or defaced, it was done without my privity or consent. Sworn, &c.

A. B.

If the notices have been given by the London agent, and not by the articled clerk, then the affidavit must be either joint or there must be two affidavits; in either case the clerk deposing as to the service, and

(a) If there has been any assignment then, for the words "of five years," &c., substitute the following:-" of years and months, &c., or as the case

may be," and add a paragraph to this effect:That I was duly assigned for the remainder of the said term of five [or four, or three] years unto E. F., of one of the attorneys of Her Majesty's Court of Queen's Bench at Westminster, and a solicitor of the High Court of Chancery, and that I have actually served and been employed by the said E. F., as his clerk, in the practice of an attorney and solicitor, from the day of the date of certain articles of assignment bearing date the 18 being the full term of years, day, pursuant to the said articles of assignment here

month, and

unto annexed.

day of

(b) If there has been any assignment, then, instead of "the said C. D.," say: "as well of the said C. D., as of the said E. F., my respective masters."