certificates to the effect that he has passed a preliminary, an intermediate, and a final examination. 6. The Incorporated Law Society are to hold a preliminary, an intermediate, and a final examination at least three times in every year. 7. The Masters of the Queen's Bench, Common Pleas, and Exchequer Divisions are to be ex officio examiners for the intermediate and final examinations until the presidents of those divisions and the Master of the Rolls otherwise order; and one of such ex officio examiners shall act in the conduct of every such examination in conjunction with the examiners appointed by the Society in pursuance of this Act. 9. Any person who has been refused a certificate of having passed an intermediate or final examination, and who objects to such refusal, whether on account of the nature or difficulty of the questions put to him by the examiners, or on any other ground, may, within one month next after such refusal, appeal by petition to the Master of the Rolls against such refusal, such petition to be presented subject to such regulations as he may from time to time direct. [Here follow provisions as to procedure until the Master of the Rolls otherwise directs.] On the hearing of any such petition, the Master of the Rolls may make such order as to him may seem meet; and where a person who has been refused a certificate of having passed his final examination on such appeal, obtains an order for his admission, such order shall entitle him to a certificate from the Incorporated Law Society of his fitness and capacity to act as a solicitor as if he had passed his final examination. 10. Persons who have passed certain examinations (as mentioned fully in this section of the Act) need not pass the preliminary examination. 11. As to power of judges to grant special exemptions from the preliminary examination. 12. As to exemption of certain barristers from the intermediate examination. 13. As to admission in certain cases after four years' service. 15. Where any person articled to a solicitor has not served as a clerk under such articles strictly within the provisions of the Solicitors Act, 1843, and the Solicitors Act, 1860, and any Act amending the same, but subsequently to the execution of his articles bona fide serves (either continuously or not) one or more solicitors as an articled clerk for periods together equal in duration to the full term for which he was originally articled, and has obtained such certificates as required by this Act, the Master of the Rolls may, in his discretion, if he is satisfied that such irregular service was occasioned by accident, mistake, or some other sufficient cause, and that such service, although irregular, was substantially equivalent to a regular service, admit such person to be a solicitor as if the service had been regular. 17. Solicitors may practise in ecclesiastical courts, and matters relating to applications to obtain notarial faculties, and generally shall have the rights and privileges, and may fulfil all the functions of proctors. 18. Commissioners for taking oaths in the Supreme Court of Judicature in England may take oaths in the ecclesiastical courts, or matters ecclesiastical in England, or matters relating to application for notarial faculties. 21. All enactments relating to attorneys shall be construed as if the expression "solicitor" of the Supreme Court were substituted for the expression "attorney." THE COMPANIES ACT, 1877. " 40 & 41 Vict. c. 26. 3. The word capital," as used in the Companies Act, 1867, shall include paid-up capital; and the power to reduce capital conferred by that Act shall include a power to cancel any lost capital or any capital unrepresented by available assets, or to pay off any capital which may be in excess of the wants of the company; and paid-up capital may be reduced either with or without extinguishing or reducing the liability (if any) remaining on the shares of the company, and to the extent to which such liability is not extinguished or reduced it shall be deemed to be preserved, notwithstanding anything contained in the Companies Act, 1867. 4. The provisions of the Companies Act, 1867, as amended by this Act, shall apply to any company reducing its capital in pursuance of this Act and of the Companies Act, 1867, as amended by this Act. Proviso: Where the reduction does not involve either the diminution of any liability in respect of unpaid capital, or the payment to any shareholder of any paid-up capital: (1.) The creditors of the company shall not, unless the Court otherwise direct, be entitled to object or required to consent to the reduction; and (2.) It shall not be necessary, before the presentation of the petition for confirming the reduction, to add, and the Court may, if it thinks it expedient so to do, dispense altogether with the addition of the words " and reduced" as mentioned in the Companies Act, 1867. The Court may require the company to publish in such manner as it thinks fit the reasons for the reduction of its capital, or such other information in regard to such reduction as the Court may think expedient with a view to give proper information to the public in relation to the reduction of its capital by a company, and, if the Court thinks fit, the causes which led to such reduction. The minute required to be registered in the case of reduction of capital shall show the amount (if any) at the date of the registration of the minute proposed to be deemed to have been paid up on each share. 5. Any company limited by shares may so far modify the conditions contained in its memorandum of association, if authorised so to do by its regulations as originally framed, or as altered by special resolution, as to reduce its capital by cancelling any shares which at the date of the passing of such resolution have not been taken or agreed to be taken by any person; and the provisions of the Companies Act, 1867, shall not apply to any reduction of capital made in pursuance of this section. 6. Any certificate of the incorporation of any company given by the registrar, or by any assistant registrar for the time being, shall be received in evidence as if it were the original certificate; and any copy of or extract from any of the documents, or part of the documents, kept and registered at any of the offices for the registration of joint stock companies in England, Scotland, or Ireland, if duly certified to be a true copy under the hand of the registrar, or one of the assistant registrars for the time being, and whom it shall not be necessary to prove to be the registrar or assistant registrar, shall in all legal proceedings, civil or criminal, and in all cases whatsoever, be received in evidence as of equal validity with the original document. CONTINGENT REMAINDERS ACT. 40 & 41 Vict. c. 33. 1. Every contingent remainder created by any instrument executed after the passing of this Act, (a) or by any will or codicil revived or republished by any will or codicil executed after that date, in tenements or hereditaments of any tenure, which would have been valid as a springing or shifting use, or executory, devise, or other limitation, had it not had a sufficient estate to support it as a contingent remainder, shall, in the event of the particular estate determining before the contingent remainder vests, be capable of taking effect as if the contingent remainder had originally been created as a springing or shifting use, or executory devise, or other executory limitation. EXONERATION OF CHARGES ACT. 1. The 17 & 18 Vict. c. 113, and the 30 & 31 Vict. c. 69, (b) shall, as to any testator or intestate dying after 31st December, 1877, be held to extend to a testator or intestate dying seised or possessed of or entitled to any land or other hereditaments of whatever tenure which shall at the time of his death be charged with the payment of any sum or sums of money by way of mortgage or any other equitable charge including any lien for unpaid purchase-money; and the devisee, or legatee, or heir, shall not be entitled to have such sum or sums discharged or satisfied out of any other estate of the testator or intestate, unless (in the case of a testator) he shall within the meaning of the said Acts have signified a contrary intention; and such contrary intention shall not be deemed to be signified by a charge of or direction for payment of debts upon or out of residuary real and personal estate, or residuary real estate. (a) 2nd August, 1877. (b) See "Student's Statutes," pp. 73, 74. FACTORS' ACTS AMENDMENT ACT. 40 & 41 Vict. c. 39. 1. The expression "the principal Acts" means 4 Geo. 4, c. 83; 6 Geo. 4, c. 94; and 5 & 6 Vict. c. 39. 2. Where any agent or person has been entrusted with and continues in the possession of any goods or documents of title to goods within the meaning of the principal Acts as amended by this Act, any revocation of his entrustment or agency shall not prejudice or affect the title or rights of any other person who without notice of such revocation purchases such goods or makes advances upon the faith or security of such goods or documents. 3. Where any goods have been sold, and the vendor or any person on his behalf continues or is in possession of the documents of title thereto, any sale, pledge, or other disposition of the goods or documents made by such vendor or any person or agent entrusted by him with the goods or documents within the meaning of the principal Acts as amended by this Act, shall be as valid as if such vendor or person were an agent or person entrusted by the vendee with the goods or documents within the meaning of the principal Acts as amended by this Act, provided the person to whom the sale, pledge, or other disposition is made has not notice that the goods have been previously sold. 4. Where any goods have been sold or contracted to be sold, and the vendee, or any person on his behalf, obtains the possession of the documents of title thereto from the vendor or his agents, any sale, pledge, or disposition of such goods or documents by such vendee so in possession, or by any other person or agent entrusted by the vendee with the documents within the meaning of the principal Acts as amended by this Act, shall be as valid and effectual as if such vendee or other person were an agent or person entrusted by the vendor with the documents within the meaning of the principal Acts as amended by this Act; provided the person to whom the sale, pledge, or other disposition is made has not notice of any lien or other right of the vendor in respect of the goods. 5. Where any document of title to goods has been lawfully indorsed or otherwise transferred to any person as a vendee or owner of the goods, and such person transfers such document by indorsement (or by delivery where the document is by custom, or by its express terms |