188 Death of County Court Judge.-Abolition of Public Office in Chancery.-Legal Education. whose long experience enables them to dis charge the duty satisfactorily both to the public and the profession. DEATH OF ONE OF THE JUDGES parliament. It was ultimately expunged, we believe, on account of the difficulty of making compensation for the loss of fees. That diffi culty seems now at an end, or might be easily provided for by the fees on commissions to swear affidavits. PARLIAMENTARY REPORT ON The proposed change would be of great adA VACANCY has already arisen, by the vantage to the public, who might then be sworn death of one of the recently appointed in any part of London at any time, instead of judges of the County Courts. Mr. David being obliged to attend in Chancery Lane at a Leahy, who held the appointment of judge limited, and to many a very inconvenient time. of the Lambeth and Greenwich district, died on Monday last, after a protracted illness, at his chambers, Mitre Court Buildings, Temple. He was called to the bar by the Society of Gray's Inn, on the THE report commences with a review of 29th January, 1831, and joined the West- the state of legal education at Oxford and ern Circuit, but was not engaged exten- Cambridge, where, as well as at Dublin, sively in practice either on circuit or in the means of improvement are the smallest London. He was known for many years imaginable. At King's College, London, to have been connected with one of the under Professor Park, and at University morning newspapers, was an accomplished College, under Professor Amos, many laudscholar, and possessed of considerable liter- able efforts were made to establish a better ary ability. Mr. Leahy's appointment to system, but the classes in sttendance were the judgeship of a County Court was un- never numerous. derstood to be an acknowledgment for The committee having examined into services rendered by him, as a writer, to the provision made by the universities and some one or more of the members of the colleges for the legal education of the unpresent government, but it happened in this professional and professional classes, next instance, as in many others, the reward directed their inquiries to institutions was delayed until it could not be enjoyed. more specifically designed for the special Mr. Leahy never took his seat as a judge education of the professional man, whether of the Lambeth and Greenwich Court, barrister or solicitor; and, in the first inthe necessary duties having been performed stance, to those intended for the instrucsince its opening by some of his profes- tion of the barrister, or to the "Inns of sional friends, who sat for him and at his Court. request. We have not heard that the vacancy has yet been filled up, but we doubt not there are a host of applicants. ABOLITION OF PUBLIC OFFICE IN CHANCERY. IT has been suggested that this bill should contain a clause to the following effect : have originated from the preference given by "The English Inns of Court are believed to the universities to the study of the civil law, as connected with the canon law, and the growing desire to cultivate the common law, which exhibited itself in consequence. The professors or teachers of the common law left the university, and founded establishments in London, somewhere about the time of Hen. 3. After the dissolution of the Knights Templars, their property was granted to the Knights of St. John of Jerusalem, and the Society of the Temple (which was formerly one society, though afterwards divided into two) were tenants of the house, which they held under those knights, and afterwards grantees of the crown. A little later followed the Societies of Lincoln's Inn, Gray's Inn, &c. These societies were not merely bodies for the protection of professional rights, but at one time in a A similar clause was introduced into Lord great degree places of professional education. Langdale's bill, for consolidating and amending Readers or lecturers were appointed, who kept Remains of that character are still traceable. the Law of Attorneys, and was retained during their readings and mootings. Anciently,' the three sessions in which that bill was before says Lord Campbell, at the Inns of Court, That the Lord Chancellor or the Master of the Rolls should be empowered by order or commission, to authorize solicitors to administer oaths and affirmations, either in town or country, in all suits and proceedings in Equity, and matters of Bankruptcy or Lunacy, under such rules and regulations as shall be thought fit. Parliamentary Report on Legal Education. 189 there were the means of acquiring information hall each term, and have gone through the in jurisprudence; and before any candidate to form of performing what are still called exerpractise at the bar was allowed to do so, his cises, but which consist of a mere farce of a proficiency was tested. There were lectures case being stated, and a debate on each side; given under the name of readings, in the Inns but the parties being stopped by the time they of Chancery and in the Inns of Court: there have read three words of the case, or the arguwere mootings, at which questions were debated ment on either side, the case and the argument before the benchers, or superiors of the society, being furnished to them by an officer of the by the students, and there were exercises that society.' This statement is further borne out were performed by the students from time to by Lord Brougham: There are the remains time, during their curriculum.' The students to be seen,' says the noble lord, of legal eduwere obliged to attend to the whole discipline cation having at one time been considered as of the house. They were obliged to attend the an object with the societies, and of some knowreadings, and most probably the mootings: ledge of the law having been considered as nethey appear to have undergone considerable cessary to entitle a person to his call to the bar. examination. The reader at that time had For example, the readers in the different Inns great authority, and he of his own authority of Court were originally persons appointed by could call to the bar, if he thought particular the societies to read lectures upon the law, but students worthy of being called. The being for many years past it has become perfectly called to the bar has sometimes been supposed to obsolete. Another vestige which remains of mean the being called to the bar of the courts. legal education, or of legal qualification being The being called to the bar properly means required before a call to the bar, is to be found called to the bar of the house, and it used to in what are called the Exercises,' which each be a regular form so to call to the bar. There student, before being called to the bar, is was a bar put up in the library, and according obliged to keep. Those are now reduced to the to a form then in use, the parties who were merest form: a paper is put into the hands of thought to merit it were called to the bar. It the student, containing a proposition in law; was an act of the house. This course of study he maintains that the widow is entitled to her and discipline seems to have existed anterior to dower, for instance, in certain cases. This is a their obtaining grants to their respective paper consisting of about seven or eight lines, houses, and not to have been interfered with put into his hand by the steward before he goes by that circumstance. It is to be presumed up to what is called keep his exercise; he then that the several Inns had power to alter their comes before one of the benchers, and begins, course if they thought it required improvement; and as soon as he has uttered the first words, but they had a regular settled course, which I say that the widow shall have her dower, seems to have been a good one; the readings the bencher bows, and the student retires, and and mootings; which Professor Starkie con- he has kept his exercise.' Anything, theresiders very proper modes of conveying legal fore, more entirely nugatory, and more of a instruction. The reader appears to have also mockery, as a test of legal acquirements, canhad power to examine students; and the re- not possibly be imagined; though it is certainly commendation to the bar, which is probably a remnant of a practice which in former times the foundation now, at least one foundation, must have existed, of a real and actual examiupon which the judges sometimes interfere nation.' This total absence of all provision with calls to the bar, may be perhaps consi- for legal education in the Inns of Court, and dered a sort of certificate of having satisfactorily the meagre amount, as already observed, propassed this examination. But this system did vided in the universities, had the natural effect not long continue. About the end of the 17th of throwing the student on such chance incentury,' says Lord Campbell, those readings, struction or studies as might fall in his way. mootings, and exercises fell gradually into During the whole of the 18th century,' says disuse; but long before then the system had Lord Campbell, it was left entirely to the been declining, and Lord Bacon had lamented students themselves to acquire a knowledge of that there was not a better system of education their profession. In the early part of the in the Inns of Court, and had contemplated the century they went into attorneys' offices, and foundation of a university in London, which towards the middle of the century, and afterwas to be chiefly devoted to the acquisition of wards, there was a system established of going legal knowledge, and fitting men for public into the chambers of special pleaders and equity life. No steps, however, were taken in pursu- draftsmen and conveyancers, paying them a ance of this suggestion of Lord Bacon, and the chairs of Oxford and Cambridge did not at all supply the defect. Since then the whole has sunk into a meré matter of form: Since then,' says Lord Campbell, all that has been required has been, that the candidate to be called to the bar should be of fair character; that he should have been a certain number of to the same discipline. years upon the books of the society; that he should have kept a certain number of terms, by eating a certain number of dinners in the fee of 100 guineas a year, and assisting them in carrying on their business, and seeing how their business was to be transacted; and that, down to the present time, has been the only teaching for any of the branches of the profes-> sion of a barrister.' Lord Brougham, in still more detail, also limits English legal education "After stating that the examination held previous to being called to the bar in Scotland, is a little better than the English form, but 190 Parliamentary Report on Legal Education. not much better for grounding the student in a considerable number of pupils. To this the knowledge of his profession,' and referring statement it is needless to add. The education to the non-attendance of the Scotch law student thus acquired is in a great measure technical, on conveyancers, he proceeds: In England the and its acquisition must very much depend case is different. Here, no one thinks of being upon the individual intelligence and exertion of called to the bar, either in the Court of Chan- the pupil. cery, or in the courts of common law, or prac- "The King's Inn,' in Dublin, does not contising as a conveyancer, without having under- tribute more to the legal education of the Irish gone very considerable discipline in the office bar than the English Inns of Court to that of of a draftsman, a pleader, or a conveyancer. the English. In many particulars, it lies, for Those who wish to be called to the bar, nomi- all such purposes, under still greater disadvannally, to have a kind of general title, when they tages. The society appears to have been origigo to reside in the country, do not do so; but nally a voluntary one, though some have exall who ever think of following the profession pressed doubts whether it was a corporation by for its emoluments or honours have, without prescription or not. A charter was at one time any exception, been for many years past in the granted to it, which was afterwards repealed at habit of attending under special pleaders, the instance of the bar; they remonstrated (in draftsmen, or conveyancers. The common a memorial, 24th January, 1793,) purporting to term is at least a year, but hardly any are satis- come from persons calling themselves members fied with so little. The ordinary course is two of the Utter' (i. e., Outer) Bar; the charter years; and whoever intends to practise himself was withdrawn with the consent of the society, either as a conveyancer, a draftsman, or a and the act of parliament confirming the special pleader, must be two, if not three years charter was also repealed. No attempts to inunder a master. I must observe, however, corporate the society have since been made, that in attending his master, the pupil is not and in that state it stands at present. The taught by interposition of the pleader or drafts- benchers, either ex officio or elected in a great man; generally speaking he is left entirely to measure from those who fill special situations, himself; he sees the precedents; he may copy were originally limited to the number of 45; in them or not as he chooses; he sees cases consequence of the statute ranking the Master brought to be answered by the pleader or of the Rolls as a judicial officer, he is now a draftsman, or conveyancer; he sees the an- bencher ex officio; the number is consequently swers, and he may obtain information by 46. The distinction is in a great degree honospeaking to his master and discussing the sub-rary; their principal duty consists in regulatject; but, generally speaking, he is left very much ing the admission of students to the King's to himself. When I was a pupil with Mr. Tindal, Inn, and subsequently to the bar, the admisafterwards Chief Justice, I certainly benefited sion of attorneys, and the young men whom more with him than I otherwise should have the attorneys take as apprentices. Some faint done, from my intimacy with Mr. Tindal, which indications may be met with up and down in led me to discuss a great number of subjects later public documents, of an educational purwith him; matters that were brought before pose; but they are far more vague than what him for his opinion, and to discuss points of may be found in the records of the English pleading; and I was, like the other pupils, in Inns of Court. It does not appear the society the habit of drawing pleas under him. We has ever had regular lectures, exercises, readalso, each of us, copied what is called the Evi-ings, mootings, or examinations, nor any trusts dence Book,' which is a most useful work, for endowment of professorships; the funds of compiled chiefly by the late Mr. Justice, afterwards Mr. Baron Bayley, upon the plan of Comyn's Digest. The copying over this book was of great use to me professionally afterwards, and it was a perfect compensation for the labour which it imposed. There was another book copied by others of the pupils, the Book of Actions, which was a similar book upon actions at law; and there was a third book, a Book of Pleading, copied by a few of the pupils. All those were framed upon the same system, namely, taking for a model the most admirable of all models of logical arrangement, and discussion of subjects, that of Comyn's Digest. But, generally speaking, I have only to repeat, that the pleader or the draftsman never lectures, and, generally speaking, does not actively instruct his pupils. It is otherwise, I believe, with conveyancers. I have known some pleaders, now at the bar, who do the same; but after a pleader has been called to the bar, his time is too much occupied to enable him so to do, especially if he has the society are considerable, amounting to between 8,000l. and 9,000l. a year. No part of this has been, strictly speaking, applied at any time by the society to the promotion of educa tion, except a sum of 400l. a few years ago granted to the law students (but which arose out of peculiar circumstances,) for the encouragement of lectures in the Law Institute of Dublin, a voluntary society to which we shall advert later. It is fair indeed to add, that large sums, from time to time, have been allocated to the formation and maintenance of the library, which is now very considerable, open to all barristers indifferently. No payments for admission are required, but students have not admission to it; it is confined to the members of the society, and students do not become so until they are admitted to the bar: it cannot therefore be considered as established for the purposes of the legal pupil, but for the convenience of the legal practitioner. A somewhat closer approximation to the recognition of a course of legal education may perhaps be dis Incumbent Estate (Ireland) Bill.-Incorporated Law Society. 191 inducements to capitalists to lend money on mortgages are 1st. That he has the legal estate of the property vested in him. The property cannot be sold or dealt with in any manner without his concurrer.ce. 2nd. He has the right to the exclusive possession of the title-deeds, and to hold them until his money be paid. 3rd. He is entitled to enter into possession of the property and receipt of the rents. 4th.-Under the stipulations usually made in Irish loans, he has a receiver of the rents or a power of appointing one; and this is so important as to constitute almost an essential feature in Irish mortgages. The present bill interferes with, and in a curities. cavered in the memorial required from persons claiming to be admitted as attorneys or students, in which the candidate must state that he has a certain knowledge of the duties of an attorney, and that he has read certain books specified in his memorial; that is to say, he must specify in his memorial the having read certain Latin and Greek or classical authors; they (the benchers) do not prescribe what they are to be but he is obliged to state that he has been so many years in a particular school, and that he has read the Greek and Latin authors so named. This is not required of the candidate applying to be admitted as a barrister; and though having graduated in a university is considered of sufficient importance as to be allowed to abridge the period otherwise prescribed to be passed in the King's Inn and the Inns of Court, it is not required as a condition, great degree defeats every one of these senor any certificate of attendance or qualification, in lieu thereof, from other colleges or schools, has the legal estate, it is proposed that the 1st. Notwithstanding that the mortgagee previous to admission to the King's Inn or to the bar. No examination is required for admission to either; the whole duty of the student is limited to attending terms in this Inn, and in the English Inns of Court; that is, of dining there a certain number of times during compliance with that rule is sufficient, in addition to the certificate of general qualification, to determine the right of admission to the bar. Chief Remembrancer Lyle seems thus to have been fully warranted in saying, 'that in point of fact, there is no system of education whatever pursued in the King's Inn; and that as long as he had known anything of the society, and as far as he had been able to acquire any rents. information from their different records, this term, and for a certain number of terms; and estate may be sold and conveyed without his concurrence. ginating with the owner or any incumbrancer 2nd. He is compellable in a proceeding orion the estate to part with the title-deeds, and to lodge them in the office of a Master in Chancery in Ireland; and he is thus deprived of his in his security in England or elsewhere, and to right of recourse to any other estates included his personal remedies for recovery of his money. of rents and the receivership may be wholly 3rd and 4th. His power of entry and receipt The very estate itself may be sold and the purchaser will be entitled to the taken away. had always been the case. Nor is this defi-isting creditors has probably never been made, So great an innovation on the rights of exciency supplied by any means commensurate to and the details of the measure, into which we those which are usually adopted in England; cannot at present enter, are as objectionable as that is, by attendance on special pleaders, the principle. equity draftsmen, or conveyancers. The state of the profession in Ireland does not admit of this subdivision of labour; few or no students, and scarcely any teachers, are to be found; if any look for such instruction, it is to England they generally recur for it, and not to Ireland." INCUMBERED ESTATES (IRELAND) [From a Correspondent.] LOANS to an enormous amount have been made on the security of first mortgages on Irish estates, the mortgagees relying on the known powers and rights which the law confers on the holders of such securities. Trust money, authorized by the creator of the trust to be lent only on English security, has, under the authority of a recent act of parfament, (commonly called Lynch's Act,) and with the sanction of the Court of Chancery in England, been advanced to a very considerable amount on security of first mortgages in Ireland. The known and recognized securities of a first mortgagee and those which are the main INCORPORATED LAW SOCIETY. THE annual general meeting of the members of this society was held at their Hall in Chancery Lane, on the 18th May, 1847. Edward Rowland Pickering, Esq., presided. The secretary read the report of the council, stating the principal subjects which had occupied their attention during the last year, and setting forth some of the results which have attended their exertions. The council, in the first place, advert to the "Alterations in the law.-Notwithstanding," (they say,) "the extensive alterations in the law and the forms and modes of its administration, which have been carried into effect during the last sixteen years, some of them, it is to be feared, not very beneficial to the suitor, and often attended with perplexity and inconvenience to the practitioner, further projects of change in our judicial code continue to be brought before the legislature! During the latter part of the last session, several measures 9 & 10 Vict. c. 106, for making preliminary of great importance to the community were inquiries on applications for Local Acts. under consideration of parliament, and several "In the present session of parliament the of them have passed into the statute book. public distress which has pressed heavily upon "Amongst the bills brought in, but not yet a large part of the empire, has occupied so much adopted as laws, were those for establishing a of the attention of the legislature as to leave General Registry of Deeds,-for the enactment little opportunity for the discussion of projects of a short Form for Conveyances, Wills, Settle-of Law Reform, and accordingly few measures ments, and Leases,-for the constitution of a of that kind have been brought under its connew Commission for inquiring into and manag-sideration. ing Charitable Trusts, and for giving additional short Form Conveyances Bill, and that for the Remedies to Judgment Creditors. Other measures were introduced into one or other of the two houses, but they are of inferior importance. The General Registry Bill, the Transfer of Charitable Trusts from the Court of Chancery to a new Board of Commissioners, have not been urged forward. Lord Brougham, however, introduced a bill for abolishing the "The council took these several bills into Court of Review, reducing the number of Comconsideration, and against some of them they missioners of Bankrupt and Registrars, and reprepared and submitted reasons why they pealing various other enactments of very recent should not pass, or only with certain modifica- date; but this bill was referred to a select tions. With regard to the bills which were committee, and the Lord Chancellor has since brought in and have since passed, one of the brought in a much more comprehensive meamost important was the bill relating to the re- sure for consolidating and amending the whole covery of debts under 201. This in its early law of Bankruptcy. This bill, consisting of stage was minutely examined, especially with 319 sections, will receive the best attention of regard to the proposed exclusion, except in a the council, as it will, no doubt, engage that of few cases, of the jurisdiction of the superior profession at large; but, looking at the great courts, and the entire, and, as the council importance of the subject and its voluminous thought, unjust exclusion of attorneys and so- enactments, it can scarcely be expected to pass licitors from the office of local judge! Deputa- both houses in the present session. They have tions from the society attended the proper au- also under consideration the bill recently thorities; many efforts were made by individual brought in relating to the Taxation of Costs in members of the council for the protection both the House of Commons, which materially of the suitor and solicitor, and finally, a petition affects the practitioners in that class of busiunder the seal of the society, against the bill, ness.' "b was presented to parliament. The council regret to add, what is indeed now sufficiently public, that their struggle against the measure was nearly altogether unavailing. "The other bills which passed the legislature were the 9 & 10 Vict. c. 54, for extending to all Barristers the right of Practising in the Court of Common Pleas, and the 9 & 10 Vict. c. 62, for abolishing Deodands, and c. 93, for compensating the Families of Persons killed by Accidents. The measures just enumerated were entitled to and received the approbation of all branches of the profession. The Act 9 & 10 Vict. c. 66, for amending the laws relating to the Removal of the Poor, originally contained a clause empowering boards of guardians to appoint officers for conducting proceedings relating to the removal of the poor, without providing that such officers should be duly qualified as attorneys or solicitors. The council addressed a remonstrance to the Secretary of State on this subject, and the clause was ultimately withdrawn. The act then passed without at least including any infringement on the legal rights of the profession. Practice of Retainers.-After these legislative measures, one of the next important subjects to which the attention of the council had been directed, was that of the practice with regard to retainers of barristers. various communications, complaining of the "The council had from time to time received inconvenience and hardship to which the profession and the suitor were exposed from the with reference to fees in general, but especially unsettled state of the regulations which obtain as to fees payable for retainers in parliament and at the assizes. It is well known, indeed, that this practice has been long in an unsatisfactory condition; that it has given occasion to and attorneys as among attorneys themselves, frequent differences as well between barristers and although the subject was an extensive and difficult, and in some measure a delicate one, the time appeared to have arrived when the evil should be met, and, if possible, removed. The attention of the council has accordingly for some time past been earnestly directed to the "Other acts were passed of more or less in- to exclude dispute, and enable the practitioner, establishment of some rules which might serve terest to particular classes of legal practitioners; at least in all ordinary cases, to regulate his for example, the 9 Vict. c. 20, regulating the Deposits of Railway and other public Com- proceedings on behalf of his client. The first measure taken by the council was to ascertain panies; the 9 & 10 Vict. c. 28, for facilitating the Dissolution of Railway Companies, and the a 9 & 10 Vict. c. 95. The council, since this report was made, have taken very active measures for rendering the bill as unobjectionable as possible. |