168 Report of the Select Committee on Legal Education. sity. The period of office, mode of election, extent of functions, should be matter of previous regulation by the bodies themselves. trance into the Inns of Court, like entrance )tions of arrangement of the course, examinainto an university, should be preceded by an tions, honours, &c., thereby virtually constiexamination by way of matriculation, to which tuting them the caput' of this legal univershould be considered equivalent a degree in arts, but especially if the changes above recommended were carried into effect in the universities, a degree in law. The lectures should be accompanied with questioning and examination daily, and with an examination of greater length and minuteness at the termination of each course. Finally, before applying for admission to the bar, the student should be required to pass a probationary or qualifying examination, and permitted to go through an additional one for honours the notice and record of which, after examination, should be kept and published. It has been doubted how far the benchers would be authorized to impose such regulations, but the imposition of certain exercises, (though now merely formal,) and the condition required of attendance on dinners, seems a very distinct exercise of such power, whatever may be thought of the manner in which it is exercised. "19. That the appointment or revocation of the professors should be left to the governing bodies of the respective Inns, as well as their endowment; that the endowment should be partly paid by salary and partly by fees, thus combining independence with motives for exertion; the number of lectures regulated as well as hours when given, on the joint arrangement of several Inns, and with reference to the subjects and attendance on lectures. "23. That to give the same constitution and character to the society of the King's Inn, Dublin, to which analogous duties and powers should be entrusted, it would be advisable that it should previously be incorporated, but so as to guard and secure the relative rights and obligations of the two branches of the profession. 24. That it would be highly advisable to substitute for attendance on term dinners in the several Inns, attendance on term lectures, the number and nature of which, and how far obligatory, and how far optional, to be determined by common consent and on an uniform plan; and that students in England and Ireland should be entitled to make use of certifi cates of such attendance, whether in the Inns here or in Ireland, as qualifying them (other conditions being also fulfilled) equally for admission to the bar. "25. That in providing for the special legal education of a solicitor, a stringent examination should be required in proof of a sound general education having been gone through previous to admission to apprenticeship. That this examination should embrace, in addition to the ordinary acquirements of a so-called commercial education, a competent knowledge of at least Latin, geography, history, the elements of mathematics and ethics, and of one or more modern languages. "26. That for the further education of a solicitor, it would be highly advisable he should also have, even whilst an articled clerk, opportunities for attendance on certain classes of lectures in the Inns of Court, and also on others of a nature more special to his own profession, in the law society of which he might happen to be a member. "20. That it would be advisable to begin with the great branches only of the law, but highly desirable, as the system advanced, to add such other chairs as in the first instance the exigences of the profession itself required, and, in the next, as might be of utility to the profession and to the public generally, such as chairs of international, colonial, constitutional law, medical jurisprudence, municipal, and administrative law, &c., &c. In this view "27. That to render more beneficial societies also, and for the purpose of giving more ex- which embrace the double purpose of surtension, and, at the same time, more energy veillance over the profession and of instruction, and efficiency to the plan, a system somewhat it would be advisable to keep the purposes disanalogous to that in use in Germany might be tinct, and to adopt, in the appointment of proadopted, namely, lectures might be given; fessors, rules analogous to those recommended some suited to the public at large, or public to the Inns of Court. lectures; others appropriated to the special "28. That the examination of the several purposes of the profession, or 'private; and courses which the future solicitor should be others, again, limited to the more diligent required to attend, should be marked equally and advanced pupils, of the professor, or by a certificate and examination, and that the ' most private; and which last might advan- final examination, as a condition for admitting tageously be combined with attendance at the special pleader's or conveyancer's office. "21. That the final examination should be left to a body of examiners, appointed by the Inns in common, and selected from each of them respectively, with the cognizance and approval of the judges. to the profession, should be conducted more in reference to general principles than technicalities, (as appears now to be the case,) by enlarging and improving the examination papers, and calling in some of the examiners of the Inns of Court. "29. That it should be in the power either of 22. That all matters of a common nature the governing bodies of the Inns of Court, or might with advantage be discussed, adopted, of the Solicitors' Societies, to admit the certiand executed by a joint body, elected from the ficates of attendance on lectures in the univerbenchers of the several inns for this purpose. sities, to a certain extent, as exempting from To them might be referred the several ques-attendance on their own. Promissory Notes payable to Maker's Order.-Metropolitan and Provincial Association. 169 "30. That it might be advisable to found of its provisions. The subject is of law scholarships and other endowments in sufficient importance to justify the earliest either the Universities or the Inns, or both, for announcement of the fact, in anticipathe purposes of encouragement. tion of the report of the case which we hope on an early occasion to submit to "31. That annual reports should be made to parliament of the state and progress of the system in all its bearings. "32. That these arrangements should as much as possible be carried out by common consent and co operation. "33. That for this purpose, delegates should be invited to meet from the Inns of Court, King's Inn, and the Solicitors' Societies, Dublin, and communications for the same purpose should be had with the Universities. "34. That in the failure only or neglect of such invitation, or refusal to take active and efficient measures to carry into operation the reforms proposed, recourse should be had to a commission, to be composed, however, partly of legal and partly of official members." PROMISSORY NOTES PAYABLE TO MAKER'S ORDER. a WE took occasion, in a recent number,a to direct the attention of our readers to the decision of the Court of Exchequer, in case of Flight v. Maclean, whereby it was holden, that a promissory note payable to b the drawer's own order was invalid within the statute 3 & 4 Anne, c. 9, which, it was said, required such an instrument to be made payable by the party making it to some other person, or the order of some other person, or to bearer. It was then observed, that the question had been brought under the consideration of the other courts of law, and that considering the great number of promissory notes in circulation throughout the kingdom, which this decision would invalidate, it was of the utmost importance that the matter should be speedily settled. We have now the pleasure to state, that on the last day of Trinity Term, the judgment of the Court of Queen's Bench, after taking time to consider the question, was pronounced on this point by Lord Denman, in a case of Wood v. Mitton. The point arose upon a motion in arrest of judgment, and was very fully argued. The Court of Queen's Bench has come to a different conclusion from the Court of Exchequer as to the validity of promissory notes payable to the maker's order. The judgment of the Queen's Bench proceeds exclusively upon the construction of the statute of Anne, founded upon an elaborate consideration ▪ Ante, page 68. b 16 Law. J. 23, Exch. our readers. METROPOLITAN AND PROVINCIAL LAW ASSOCIATION. valuable aid to the new association. THE Several Law Societies are affording We have already shown the views taken of its plan and objects by the Incorporated Law Society. And have now to add the testimonies of support given by the societies at Leeds and Manchester. The Liverpool Law Library has sent a subscription of 257., and the leading members of the Law Society there are particularly active in behalf of the association. LEEDS LAW SOCIETY. At a meeting of the Leeds Law Society, held 28th May, 1847,--present, Mr. Richardson in the chair, Mr. Bloome, Mr. Booth, Mr. Barr, Mr. Markland, Mr. Harrison, Mr. Horsfall, Mr. Clapham, Mr. Lofthouse, Mr. Bulmer, Mr. Cariss, Mr. Shaw, secretary, It was moved by Mr. Bloome, seconded by Mr. Booth, and resolved, That upon hear ing the address read which has been forwarded to the secretary of this society by the Committee of Management of the Metropolitan and Provincial Law Association, this society approves of the same, and will give its support and cordial co-operation in carrying into effect the objects of the association. That the secretary be requested to transmit a copy of the address to the solicitors in Leeds and the neighbourhood, and urge their becoming members of the association. That a deputation from this society, consistMr. Eddison, and such other members of this ing of Mr. Shaw, Mr. Barr, Mr. Sangster, and society as may happen to be in town during the ensuing month, be requested to call upon Mr. Beckett and Mr. Oldham, the borough members, and upon such gentlemen as may offer themselves as candidates at the next elecdress, and urge their serious consideration of tion, and present them with a copy of the adthe several topics contained in it. That the thanks of this society be given to Mr. Shaw and Mr. Barr for their valuable services in the formation of the association. MANCHESTER LAW ASSOCIATION. Law Association was held on Tuesday, June A meeting of the members of the Manchester 8th, to take into consideration the address issued by the "Metropolitan and Provincial As a Ante, page 69. 170 Metropolitan and Provincial Law Association. sociation," present, Mr. Eccles, in the chair, in practice, not only on the younger, but even Mr. Taylor, the honorary secretary of the association, said that the committee of the Manchester association had already approved of the objects of the new association, but it was thought desirable that they should also receive the sanction of a meeting of the members of the association. Mr. Earle, in moving the first resolution, said that every one present was aware of the crude state, not only of the statute law, but of that laid down by the judges. No person who took up a cause could foretell its issue with any certainty, and the most eminent members of the profession were divided on the construction of a very few words in an act of parliament. Any one who paid attention to the railway litigation, would see how uncertain were the decisions of the courts. He believed that the profession, at least in Manchester, were rapidly coming to be looked upon as advisers rather to keep parties out of litigation than to enable them to succeed in it. It would be of great consequence to the country, if the new society would endeavour to effect, as their address set forth, a complete reform of the present crude system of legislation. they gave a right moral direction to the young members of the profession, they would be tending to relieve the profession from the stigmas too often cast upon it. He then moved the first resolution, approving the objects of the new society, and pledging the Manchester Law Association to its support. Mr. Grave, in seconding the motion, said that he supported the new association because it not only sought their own advantage as a profession, but also that of the public at large. If the legislature would adopt the practice of referring more to solicitors, they would have very different legislation from what there was now. He was sure, with respect to the bankruptcy laws, that if a commission had been issued from the crown to a dozen solicitors in Manchester, they would have had a law far more just to the solicitors and the public than any of the bills now before parliament. It should be made to appear to the legislature that the attorneys were not seeking their own personal class interests, but the interests of the suitors, and to improve the legislation of the country. The resolution was then passed unanimously. Mr. Grave said that the origination of the Metropolitan and Provincial Law Association was entirely owing to the committee of the Provincial Law Association, and probably to one member of that committee Mr. John Hope Shaw, of Leeds. He then moved the thanks of the Manchester Law Society to the committee of the Provincial Law Association, and particularly to Mr. John Hope Shaw, for their exertions in the formation of the Metropolitan and Provincial Law Association. Mr. Gill seconded the motion. Then, as to the exclusion of attorneys from offices of honorary distinction,-it had of late been considered necessary by parliament to put barristers into every such office, to the exclusion of attorneys; he thought that was because the profession had never associated together generally and asserted their rights, but had allowed themselves to be trampled upon by every one who went into the house of commons. They had not in that house a single man to stand up for them, and he thought it Mr. Taylor said that about the middle of would be of the greatest importance if they last year the Leeds Law Society circulated a could get some representative there. With series of resolutions showing the state of the regard to that part of the address which related profession, and the importance, if possible, of to attorneys practising as advocates, and to obtaining a general union, so that they might parliamentary agents, it would be a very great act as a powerful and united body, instead of saving to the clients if it could be arranged being, as they were, without power individuamongst attorneys of competent skill to act as ally. Those resolutions were submitted to the advocates before committees of the house of consideration of the Provincial Law Associacommons; and there was no great difficulty in tion, who took up the matter. The great the matter, for he was sure that the committees difficulty was to obtain the co-operation of the would be as willing to hear attorneys as barris- London solicitors, whose interests did not exactly agree with the interests of the country solicitors. However, by leaving the points of difference out, the desired union was effected, and chiefly through the exertions of Mr. John Hope Shaw, of Leeds. The resolution was then passed unanimously. ters. The address recommended that a higher degree of classical literature, of science, and of general knowledge, than was ordinarily possess ed, should hereafter be required, before the clerk was allowed to be articled. All would agree that there were a great number of per- It was then moved by Mr. Ackers, seconded sons admitted to the profession, some with by Mr. Whitlow, and passed unanimously, education, and some without that uprightness "That the honorary secretary circulate the of character which they should possess. Un-above resolutions among the members, and less a right moral direction were given to the urge them to send in their adherence to the young, they all knew that the temptations of Metropolitan and Provincial Law Associa the profession were such that they were apt to go in a wrong direction. If such an education as that recommended were given to the young men, he thought it would be brought to bear tion." The thanks of the meeting were then given to the chairman, on the motion of Mr. Taylor; and after Mr. Eccles had acknowledged the compliment, the proceedings terminated. Metropolitan and Provincial Law Association.-Notices of New Books. 171 The Manchester Guardian, from which the which it is altered by the General Orders preceding report has been extracted, contains of the 8th of May, 1845, it is a necessary the following summary of the scope of the new adjunct to the standard works of practice so association: "An association, called The Metropolitan in our courts of equity. To those prac"An association, called "The Metropolitan long established as guides to the practitioner and Provincial Law Association,' has been able information and assistance. lately formed by a union of metropolitan and titioners who devote themselves to cases provincial solicitors, the committee of which is in Chancery it is needless to observe, that to consist of an equal number of each of these the effect of the Orders of 1845 has been classes of the profession. The new association very largely to alter the practice of the originated in the Provincial Law Association, courts; nor is it necessary to remind them the office of which is in Manchester. An of the uncertainty of which those orders address from the committee, upon which will be found the names of some of the most highly. were the parent, and the consequent mulrespectable solicitors, either in London or the titudinous decisions which within the brief country, was issued early in the last month, space of two years have taken place upon which proposes to direct the attention of the them. Even in this short period the want profession to the removal of the following of such a work as the one before us has grievances :-The taxes on justice in the shape been materially felt, and the equity prac of fees; the present crude system of legislation; titioner is here supplied with much valuthe exclusion of attorneys from offices of honourable distinction and the solicitorship to government boards; the exclusive regulations of the Inns of Court; the abridgement of the right of attorneys to act as advocates; the existence of the class called certificated conveyancers, gentlemen under the bar who claim to transact conveyancing business for clients without having given any evidence of their fitness or capacity for so doing; the regulations by This work is divided into four books, which persons are allowed to act as parlia- following the plan of Blackstone. In the mentary agents, by merely signing their names part which treats of real property the in the private bill office; the taxes in the way statute 7 & 8 Vict. c. 76, is mentioned as of stamp duties which are levied upon attorneys the last statute for amending the law of and solicitors; the establishment of a system of real property, and no notice whatever is remuneration for attorneys and solicitors, in taken of the statutes of the 8 & 9 Vict., proportion to the labour and skill employed; The Commercial and General Lawyer. and the deficient construction and inconvenient (1845) one of which repeals the 7 & 8 situation of the courts at Westminster. The Vict. c. 76. Of course it is expected that address recommends the extension of local law a book published in 1846 should notice the societies, improvements in education for the statutes of 1845. legal profession; that information should be In the chapter "Of Barristers," p. 460, from time to time circulated respecting the past is the following statement of the law in and present state of the profession, and the 1846:-" The serjeants had formerly great manner in which the public interest is thereby affected; and lastly, that the subjects alluded privileges in the Common Pleas, inasmuch to in this address should be pressed upon can- as no other counsel could plead in that didates at the approaching general election. court, except as junior to a serjeant. But, This society is entirely distinct from any other, by a warrant from the crown, that court though we believe it will most likely be worked has been thrown open since the commencethrough the medium of sub-committees in the ment of Trinity Term, 1843; so that any various law societies in the provinces. The new society is to consist of all members of the profession who contribute a donation of not less than 57., or an annual subscription of not less than 17. to its funds." NOTICES OF NEW BOOKS. The Practice of the High Court of Chancery as regulated by the General Orders of the 8th of May, 1845. By JOHN ROGERSON, Solicitor. Sweet. 1847. barrister may now plead in the Common Pleas as in the other courts of Westminster Hall, while some additional advantages in respect of precedence are in recompence given to the serjeants." True it is that it was directed by the warrant above-mentioned that the exclusive privilege of the serjeants should cease, but the Court of Common Pleas afterwards decided that the warrant was invalid. Case of the serjeants, 6 Bing. N. C. 235. And it required a statute (9 & 10 Vict. c. 54,) to open that THIS work is well-timed. Though pur-court to the rest of the bar. The sentence porting to be merely the practice of the above-mentioned could not then have been Court of Chancery in the particulars in written or revised in 1846. But it must 172 Abolition of Public Office and Court of Review.—Costs in the County Courts. have been written before the serjeants' ferred to Insolvent Debtors' Court and to case, and never revised since. So far as we have been able to ascertain, no notice whatever is taken of any statute passed in the 8 & 9 Vict. (1845): thus, in bankruptcy, the important enactment escapes observation, by which a person may make himself bankrupt on his own petition. It must be remembered that these things are not only serious omissions in themselves, but they shake the confidence of the practitioner in every statement in the work. County Courts. 5. Jurisdiction of Insolvent Debtors' and County Courts. titioning, although they may have been already 6. Acts to apply to the cases of persons pein prison, &c. 7. Petitions now pending in Insolvent Debtors' Court to be disposed of there. 8. Jurisdiction of Insolvent Debtors' Court on circuit transferred to County Courts. 9. Lord Chancellor to give directions for sittings of Court of Bankruptcy elsewhere than in ABOLITION OF THE PUBLIC OFFICE London. THE Bill introduced by the Lord Chancellor on the 11th inst., for the Discontinuance of the Master in Ordinary of the High Court of Chancery in the Public Office, and for transferring the Business of such Public Office to the Affidavit Office in Chancery, is a useful measure; and the Judges of the Common Law Courts should in like manner be relieved of the interruption of swearing affidavits. The following are the clauses of the bill :1. Attendance of Master in ordinary in public office dispensed with. 2. Lord Chancellor may appoint a second assistant clerks of affidavits. 3. Appointment of, and saving of rights of, W. T. Smith, under the 1 & 2 W. 4, c. 56; 5 & 6 Vict. c. 103, and 6 & 7 Vict. c. 73. 4. Commencement of act next. 10th August 5. Lord Keeper, &c. may act for Lord Chancellor for purposes of this act. 6. Act may be amended, &c. ABOLITION OF THE COURT OF RE- AND INSOLVENCY. WE have elsewhere adverted to this bill.. The following is the substance of the clauses :1. Court of Review abolished. 10. Travelling expenses provided for. 11. Vacancies in office of commissioner not to be filled up till end of next session of parliament. 12. Commencement of Act. COSTS IN THE COUNTY COURTS. WE some weeks ago inserted a communication from an intelligent correspondent at Reading on the operation of the New County Courts Act, in cases under 57., exemplified in a recent case tried there. We trust the attention of the profession will be drawn to the proper remedy for the anomalous state of things which now exists. In all disputed cases under 57., the operation of the act is practically a denial of justice altogether, as the right to proceed in the courts above (where costs can still be obtained) is taken away, and it is futile to suppose, that a plaintiff will ordinarily expend a larger sum for professional aid than he is likely to recover in a successful issue of the action. The question is virtually important as well to the public as the profession. A fair construction of the act would lead to the conclusion, that the costs limited by the act are those of advocacy only, and that for labour otherwise performed, the ordinary rules of costs, after suit commenced, ought to prevail. Should this not be the case, the profession generally must have in the country been hitherto attended by abandon the practice of these courts, which 3. Laws and Orders to apply to Vice-Chan- fee alone cannot compensate them for investigatmost respectable practitioners, as the advocacycellor so sitting. 4. Jurisdiction of Court of Bankruptcy, doing which, an attempt to conduct the case in ing the case and preparing for trial,-without under 6 Vict. c. 116, and 8 Vict. c. 26, trans- court can only terminate in delusion and 2. Jurisdiction of court transferred to a ViceChancellor. • See Ante, page 162. mockery. |