Imágenes de páginas
PDF
EPUB

216

Parliamentary Report on Legal Education. ship, in 1827, the 'Incorporated Law Society' order of proceedings is as follows: all candiwas founded by Mr. Bryan Holme, and many dates are examined each term in one day. They leading solicitors of the time. There was an begin at 10 o'clock in the morning, and each old law society, indeed, prior to this, the im- candidate receives a paper of questions on his mediate result of the exclusion from the Inns sitting down (the rules of court prescribing of Court just noticed, but they had no building written or printed papers, the examiners do not nor library till the establishment of the Incor- think themselves at liberty to put any questions porated Law Society of 1827, gave rise to both. vivá voce,) and is allowed till 4 o'clock to anThis society is governed by the body itself, swer them. These questions are in five departe that is, by 30 members of the society, periodi- ments. The candidate is required to answer in cally elected, called the council. The number three of them, two of which must be in comof members now amounts to 1,400, and the mon law and equity; he may select convey. annual increase is on an average from 50 to 60. ancing, bankruptcy, or criminal law for the The conditions are 151. on admission, and an third. There is no examination for honours. annual subscription by a town member of 21., The examiners do not conceive themselves and by a country member of it. The prin- authorised under the act of parliament or rules cipal object of the society was the founda- of court to confer honours. The certificate of tion of a library, in which they have amply examination merely bears that the candidates succeeded ; it was opened in 1831, and now passed are fit and capable of acting as atcontains 6,000 volumes, and is likely to in- torneys; the degree of fitness or capacity the crease rapidly, 4001, a year being applied to examiners do not consider themselves war. that

purpose : the second was the establish- ranted to determine. The examination thus ment and maintenance of courses of legal serves merely as a guarantee against absolute lectures ; under what conditions, and at what incompetency. It is merely a question whether rate of payment, is regulated by the society. the candidate shall pass or be postponed. In Three courses of lectures, each course compris- 1834 the candidates were considerable; in ing 12 lectures, commencing in the beginning 1837 the numbers passed were 424; the numof November, and terminating at the end of bers postponed 15; in 1945 the numbers ex. March, are annually delivered by the lecturers amined were not more than 318. The total appointed by the society, to which it would ap- numbers postponed for the last 10 years pear others are added, so as to augment the amount to 200. When these numbers are courses altogether to five. These courses em- compared with those attending upon the lec, brace most of the great departments of law; tures, it will be seen that a large portion of there is one on common law, another on con- the candidates can scarcely have availed veyancing, a third on equity, a fourth on bank- themselves even of that provision for instruc, ruptcy, and a fifth on criminal law. There are tion. When the institution was first estathree lecturers, selected from the bar, and each blished, and these lectures instituted, the ats receives a salary of 100 guineas for a course of tendance amounted to about 300; they have 12 lectures. Fees are received by the society, now decreased to 200. The cause for decrease and out of these fees the lecturers and all the in both instances has been in some measure other pecessary expenses are paid. The mem- accounted for by reference to extraneous causes, bers of the society have free admission, in right though, as far as regards decrease in the annual of their membership; there are, besides, about admissions to the profession, the examination 200 articled clerks who are permitted to attend, itself, by excluding a certain proportion of canand who pay 21. for the whole of these several didates, the totally unfit, may have also had its courses, the public at large paying more. These influence." lectures are not accompanied by any examina- “There are other institutions established for tion or class instruction, nor is attendance on similar purposes, and of analogous constitution them tested by certificate, or are they in any to the Incorporated Law Society, to be met way obligatory. A final examination, indeed, with in other parts of England, to the number takes place, (to which reference has already at least of 30, if not more. At the head of been made,) originally under a rule of court (in these, and as the model from which the other 1836,) and at present under act of parliament societies seem to have derived their regulations,

7. Vict. c. 73,) passed 22nd Aug. 1843. Under may be placed the ‘Manchester Law Society. this act the judges are directed to appoint ex- These societies are altogether voluntary, and aminers. A rule of court determines the num-have originated from the zeal and exertions of ber, nature, and order of proceedings. There a few respectable individuals. The Manchester are five examiners, of whom four are solicitors, Law Society appears to have originally been selected by the judges from the council of the projected and constituted for purposes of a prosociety, changing in rotation every year, and fessional nature, for the preventing of improper presided over by one of the Masters of the practices, and watching over such legislative three superior courts, taking it in succession, and other proceedings as might affect the proone Master from each court. They are allowed fession and the public. The society later exe fees, under the authority of the act of parlia-tended its views to educational objects. Many ment, on the examinations, but the examiners of the principal members thought it advisable take no fees themselves ; they allow the fees to to give lectures to the articled clerks, and durbe applied

the purposes of the society, and give their services altogether gratuitously. The a See Mr. Maugham's evidence.

Parliamentary Report on Legal Education,

217 ing the years 1844, 1845, and 1846, lectures year he is occupied in merely copying; he acwere so given and are now continued. These quires a habit of drawing law forms; as he adlectures are usually furnished by the members vances, he goes through the details of the busiof the society, with the assistance of one or two ness, and he at last comes to be what is called barristers, who have been kind enough to an out-door apprentice, that is, doing court volunteer; they are wholly gratuitous. They business. This information is entirely technical; purport to embrace commercial law, the law of he has no opportunity of learning upon evhat evidence, conveyancing in every department, principles these technicalities are founded ; it is criminal law, and legal and moral training, fit. not the habit of his master to lecture him, or ting the younger branches of the profession for to assist him in any way whatever. When he respectably supporting their position. A dozen becomes an out-door apprentice, he is employed are given each year. During the present, there in the daily business of the courts, attending have been, on the Law of Mortmain and Cha- motions and causes at trial, and filing pleadings, ritable Uses, which may be said to be a part of but with no farther aid in acquiring informaconveyancing, two; on the Law of Settlement, tion or practice than what may be furnished by four; on the Law of Mortgage, three; on the his own observation and industry. The operaLaw of Landlord and Tenant, one. They do tion of this want of instruction and control is not propose to follow out the same in continued forcibly depicted by Mr. Mahony. He states, courses, but to take up such subjects as are of that in his own person he experienced its inmore general or immediate interest, in detached jurious consequences, and has since seen similectures, unaccompanied by private class in- lar results in the character and conduct of struction, or special or general examination. others. “I have no hesitation,' says he, 'to The attendance is described to have been re- tell the committee, that when I was sworn in markably good. The members of the society, as an attorney, I was utterly ignorant ; I spent chosen by ballot, amount at present to 200, my time idling, and it was not until the necescomprising nearly all the respectable solicitors sity arose for my devotion to my profession for in Manchester. The other societies apread my own interest, that I bgan to acquire knowover various parts, but especially the north of ledge.' There are many cases, however, in the kingdom, do not materially differ in con- which this late reform does not take place; stitution or object from this of Manchester, many cases in which the idle apprentice bethough inferior in the efficiency with which comes and continues the idle solicitor throughtheir arrangements are carried out.e

out life. I have had, for instance, continues “The education, legal and general, of the so- the same experienced witness, in my own licitor is still more neglected in Ireland than in office, from time to time, a great number of England. The opportunities presented are apprentices, and I do not think that, (with the fewer, and less advantage taken of such as are exception of two or three at most,) any of them found to exist. As in England, the system of practised; they had the very best opportunities apprenticeship prevails, with few even of the of learning their business there, all varieties of benefits derived from it in that country. The business, perhaps, but they never have pracyoung apprentice, previously to his being ar- tised; they have gone away completely. ignoticled, is obliged to state in his memorial at rant, and since have changed their professions, what school he has been educated, and what and othexs are in no profession at all.' To Latin and Greek works he has read. No fur- correct or remedy these defects, there is no exther inquiry is made as to how he has read amination; no certificates beyond the usual them, or what he has retained. If he has certificates of attendance at dinners for the spegraduated in the university, his apprenticeship cified number of terms in the English and Irish is indeed shortened to three years from five, Inns of Court; no rewards, no honours. Nor (the usual period,) implying thereby the advan- does it appear that much opportunity is given tage of previous education,

and offering a cer- or effort made on the part of the profession, or tain inducement to its acquisition, but implying the apprentice himself, to supply these wants. it in rather an inconsistent manner, as if the The pupil seldom is seen to attend the lectures period of apprenticeship were applied to such of the university, limited as they are, nor, as in purpose, or indeed to any other than the fa- England, a conveyancer's or barrister's office. miliarising the apprentice, lettered or unlettered, It is true, indeed, some slight knowledge and with mere technicalities.

mechanical quickness may be gained from the “ (The young apprentice,' says Mr. Mahony, circumstance, that in Dublin, as Mr. Latouche generally goes, if he can, or if his parents are states, conveyancing is generally prepared by able to afford it, to the first office; that office the attorney : The first drafts of the deeds are is full of business, and the heads of it have no prepared in the solicitor's offices, and are sent time to give him instructions; and in fact they to the counsel for revising ;' but this of itself is do not do it. The young man has an oppor only another evidence of the gross neglect altunity of doing business if he thinks fit, but it lowed to prevail. Questions of great nicety, is entirely in his own hands; there is no system reposing upon important principles, and those of instruction whatever. Even if he attends to principles requiring great judgment and knowhis profession, his study is entirely limited to ledge, and therefore great study and thought the technicalities and forms of law. In the first for their application, which in England are re

served, on this conviction, to the higher branch e See Mr, Taylor's evidence. of the profession, who specially devote them

2-18

Report of Commissioners in Lunacy... selves to such studies, are devolved without is, generally speaking, in a satisfactory state. concern to the ordinary solicitor throughout In some cases, however, the commissioners Ireland, whose means and zeal for the acquisi- have suggested improvements in ventilation, or tion of legal knowledge are, as we have seen, additions to the clothing or comforts of the confessedly inferior to those possessed by the patients; in others, a better classification, an solicitor in England. Nor is this individual increase of attendants, and a relaxation of reneglect made up by any public effort. A so- straint. In two instances, where they conciety there is, constituted for the benefit of the sidered the supply of food insufficient or of an profession, under the name of the Attornies' unfit nature, they have felt themselves bound Society, but not only is it purely voluntary, like to exercise the powers vested in them by the that of Manchester and other law societies al- 82nd section of the act, and have prescribed a ready noticed in England, but unlike those so- fixed dietary for pauper lunatics; in another cieties, it in nowise contemplates the education case, they have thought it right to inspect one of its members; it is a mere society for the of the licensed houses in the provinces, at purposes of a library, and for holding meetings. night, in pursuance of the powers given by the The sum total, therefore, of an Irish solicitor's 71st section of the act; and in a third, they professional education, seems to amount to just have entered into a minute and laborious inthat quantity of mere formal experience" (it quiry, in reference to certain alleged abuses would be hard to dignify it with the name of which, as they were informed, existed in one of knowledge) which he may pick up, if he be so the large provincial asylums. disposed, in doing the routine business of his No case has occurred in which the commismaster in the office, or in the courts."

sioners have themselves been called upon actually to discharge any person confined as a

lunatic; but they have repeatedly promoted and REPORT OF COMMISSIONERS IN

been the cause of the liberation of patients LUNACY.

whose apparent convalescence justified, as they

thought, their interference. Office of Commissioners in Lunacy, The 86th section of the act has been found 19, New Street, Spring Gardens, to be useful, and many cases have occurred in 30th June, 1846.

which the commissioners have been induced to In pursuance of the 88th section of the act authorize the removal of patients, for a limited 8 & 9 Vict. c. 100, the commissioners in lunacy time, to the sea-side or other places, for the beg to submit to the Lord Chancellor the an- benefit of their health. The commissioners nexed statement, containing a list of the various have also occasionally exercised the power County asylums, hospitals, and licensed houses given to them by the 85th section, by ordering receiving lunatics in England and Wales, and the admission to patients of their relations and setting forth the number of insane patients in friends; and after a careful examination of each at the date of the last visit of the com- many of the registers and other books kept by missioners.

the medical attendants of licensed houses, they In the discharge of their official duty during considered it expedient to put in force their the last year, many circumstances have come authority, under the 60th section ; and on the under the observation of the commissioners 9th day of January last issued an order, conwhich they propose to make the subject of a taining directions for the form of a casespecial report hereafter. At present, the com- book," and which, if duly followed, will place mission has been in operation only between 10 upon record the history, the character of the and 11 months; and the various returns and disease, and the treatment of every lunatic reports to which the commissioners must patient thereafter confined in any of the resort, in order to enable them to render a full hospitals or licensed houses in the kingdom. and detailed account of the several matters en- The commissioners have, from time to time, trusted to their care, are imperfect, and apply received communications from various persons, only to a section of the year.

that lunatics have been received in houses that They propose, therefore, as soon as prac- had not been licensed. In each of these cases ticable after the first year of their labours shall the commissioners made inquiries into the subhave terminated, and they shall have obtained ject, but they have not (except in one instance) more ample materials, to submit to the Lord discovered that any wilful breach of the law Chancellor a more minute report of all such had been committed. matters coming under their cognizance as they In the one instance adverted to, they thought shall consider worthy his especial notice. In it expedient to institute a prosecution against the meantime they deem it sufficient to advert the offending party, who pleaded guilty to the in general terms to the condition of the various indictment. In another instance, their inlunatic establishments, and also to some of the quiries induced a person receiving two lunatics more prominent subjects to which their atten- to apply for a license, which the commissioners tion has been directed.

did not think themselves justified in refusing, The condition of the asylums, hospitals, and the circumstances of the case being such as to licensed houses throughout England and Wales give rise to some doubt as to the party's

liability, and to acquit him apparently of having See evidence of Mr. Mahony and Mr. La- knowingly violated the act. • touche.

In reference to other powers of the act, the Report of the Commissioners in Lunacy.--Approaching Dissolution of Parliament. 219 commissioners beg to state, that they have re- APPROACHING DISSOLUTION OF peatedly made inquiries, pursuant to the 94th

PARLIAMENT. section, in cases where they supposed that the property of lunatics was not duly protected, and have reported thereon to the Lord Chan- It seems probable that the state of public cellor accordingly.

business before parliament will delay the The members of the private committee have also visited various single patients under the prorogation for a few days beyond the time 92nd section of the act, and have made many is said the day will be the 22nd, or there

recently intimated. Instead of the 15th, it inquiries, with the view of ascertaining the propriety of their confinement, and also whether abouts. The exact time of the dissolution they were subjected to proper medical treat- of parliament seems partly to depend on the ment, and enjoyed such comforts as their state of the harvest. income entitled them to expect.

So far as we have yet heard, all, or nearly The commissioners have found it scarcely all the members of the Bar who are in the practicable in many instances to compel medical practitioners, when certifying as to the present house will be again returned. insanity of private patients, to set forth, with Several new candidates are also spoken of, any degree of care or correctness, the facts namely, Mr. Serjeant Shee, Mr. Cockupon which their opinions have been formed; burn, Mr. Bethell, and Mr. Rolt. Beand the exceeding inaccuracy of numerous cer- sides the few Solicitors in the present partificates has added materially to the amount of liament, or members who formerly practised correspondence in which the commissioners in that branch of the profession, it is confihave been engaged. The certificates for the reception of pauper licitors will at all events become candidates.

dently rumoured that several practising sopatients have been more accurate; but considerable difficulty has arisen, as the commis. We wish them success. Mr. Freshfield, sioners understand, in thinly populated dis- formerly a solicitor of first-rate eminence tricts, from the necessity of obtaining the and ability, who was several years in the opinion of a medical practitioner, not being the house, and retired from practice some years medical officer of the union or parish to which the lunatic pauper belonged.

ago, it is expected will again come forward. They consider it desirable, as far as is con

Although he was called to the bar in 1842, sistent with the liberty of the subject, that lie possesses, through his sons, a deep in

every facility should be afforded for enabling terest in maintaining the character and stalunatics to receive the benefit of proper medical tion of his former brethren, and doubtless treatment in an asylum as soon as possible will promote all their just and reasonable after the commencement of their disorder. The objects. number of pauper lunatics on whose behalf ad

Our readers are aware from the address mission into asylums is now required, is so of the committee of the Metropolitan and large, and both the public and private lunatic establishments are now

so deficient in the Provincial Law Association, that it is inmeans of accommodation, that the commis. tended to submit the state of the profession sioners have been induced to license a large to Parliament. It is announced in the adhouse in the neighbourhood of London; and dress that, they have also, as a temporary asylum only for pauper lunatics, licensed a part of one of the “To promote the redress of the public and large metropolitan workhouses.

professional grievances which have been touched In conclusion, the commissioners beg to upon, the committee propose to bring the gestate that, as part of their duty, they have, up neral state of the profession under the conto the present time, visited 302 workhouses, sideration of parliament. In the meantime, and that a report thereon is now in preparation, they are taking means to collect the materials and will be shortly laid before the Poor Law and evidence to be adduced ; and they strongly commissioners, conformably to the 111th urge upon every member of the profession, the section of the act; and that they have also re- neceesity of contributing his aid, by expressing ceived, and taken into their consideration, to the committee his sentiments on the various various plans and estimates relative to county topics which have been noticed in the address, asylums (submitted to them under the 28th or suggesting others ;-adducing at the same section of the act 8 & 9 Vict. c. 126,) and have time instances in support of his opinions. The made various reports thereon to her Majesty's committee fully expect from these aide, and Principal Secretary of State for the Home from various sources of information opened to Department.

them, to be prepared with a great body of facts (Signed, Ashley, Chairman. ready to be established before parliament.

The committee propose to circulate information on the past and present state of the profession, and on the manner and extent in which the public interest is thereby affected. Such information the committee conceive to be ne

66

FOR THE RELIEF OF

NOME CIRCUIT

MIDLAND CIRCUIT.

220 Selections from Correspondence.-Circuit of the Insolvent Commissioners, cessary, not only for the public, which has at claim, which was for 51. odd, did not require present a very superficial knowledge of these professional support. My client is a sculptor, matters, but even for the profession itself, which, and being a foreigner could not have conducted although the sense of injury is general amongst the case himself. its members, has yet to form and mature its

AN ATTORNEY. own opinion on many of the existing evils and their remedies.

“An investigation before parliament of the CIRCUITS OF THE COMMISSIONERS. subjects referred to being an essential object of this association, it will be one of the duties of the committee to prepare the way for it, so far

INSOLVENT DEBTORS. as circumstances will permit

, by proper representations to members of the legislature,

Autumn Circuits, 1847. and by obtaining the assistance of some of those individuals who may be qualified to conduct the proposed parliamentary inquiry in a

llenry Revell Reynolds, Esq. Chief Commis. committee of the House of Coinmons.

sioner. To further this object, and to secure, in a

Kent, at Dover, Friday, Nov. 5. future parliament, a candid hearing of their

At the City and County of the City of Canterbury,

арpeal, the approaching general election affords Monday, Nov. 8

Kent, at Maidstone, Tuesday, Nov.9. to every member of the profession an opportu

Susser, at Lewes, Friday, Nov. 26. nity of contributing, by directing the attention

Hertfordshire, at Hertford, Friday, Dec. 3. of candidates and representatives to the imortant subjects alluded to in the address."

John Greathed Harris, Esq., Commissioner. We recommend our readers to lose not a day Esser, at Chelmsford, Tuesday, Oct. 26. in enrolling their names and communicating Essex, at Colchester, Wednesday, Oct. 27, their sentiments to the committee.

Suffolk, at Ipswich, Thursday, Oct. 28.
Norfolk, at Yarmouth, Saturday, Oct. 30.

Norfolk, at the Castle of Norwich, Monday,
SELECTIONS FROM CORRESPON. Nov, 1.
DENCE.

At the City and County of the City of Norwich, the same day:

Norfolk, at Lynn, Tuesday, Nov. 2.
REGISTRY OF DEEDS.

Suffolk, at Bury St. Edmunds, Thursday, Nov. 4, SIR,—I have just seen the letter of J. W. D.,

Cambridgeshire, at Cambridge, Friday, Nov.5.

Huntingdonshire, at Huntingdon, Saturday, Nor. in your number of 12th June, commenting upon 6. my letter in your number of the 29th of May Northamptonshire, at Peterborough, Monday, last. I confess my letter was written in haste, Nov. 8. and consequently worded loosely, but if Rutlandshire, at Oakham, Tuesday, Nov. 9. J. W. D. reads it again, I think he will agree Lincolnshire, at Lincoln, Wednesday, Nov. 10. in opinion with me, that the view I took was Nottinghamshire, at Noitingham, Friday, Nov. not erroneous but correct. I meant to say, if

12. A. held land in July 1827, and had judgment bam, the same day.

At the Town and County of the Town of Notting. duly registered against bim in the Common Pleas, (and I used the words “duly entered

Derbyshire, at Derby, Monday, Nor. 15.

At the City and County of the City of Lichfield, against him, and re-registered down to the pre- Tuesday, Nov. 16 sent time every five years,") and there is a Staffordshire, at Stafford, Wednesday, Nor, 17, purchase from A. but no search, and various Shropshire, at Shrewsbury, Friday, Nov. 19. subsequent sales with searches, but were against Warwickshire, at Warwick, Monday, Nov. 22. A., and I still say, as I said before, that the Waruickshire, at Coventry, Wednesday, Nov. 2 land is bound with the judgment against A., in

Leicestershire, at Leicester, Friday, Nov. 26. the hands of T., in the month of June, 1847.

Northamptonshire, at Northampton, Monday, Nov. J. W. D, must have assumed that it was not

29. re-registered every five years, a point which I

Bedfordshire, at Bedford, Tuesday, Nov. 30. plainly asserted, though after the lapse of 20

Buckinghamshire, at Aylesbury, Thursday, Dec.

2. years from A.'s sale, the statute, I presume, would bar A.'s judgment creditor. A CONSTANT READER. William John Law, Esq., Commissioner.

Yorkshire, at Sheffield, Saturday, Oct. 16.
COUNTY COURT COSTS.

Yorkshire, at Wakefield, Monday, Oct. 18.

At the Town and County of the Town of Kingston SIR,—In reference to costs under the County upon-Hull, Monday, Oct. 25. Courts Act, allow me to trouble you with the

Yorkshire, at the Castle of York, Wednesday, Oct. following case. At the Marylebone Court the 27, judge refused to give me any costs of attend

Yorkshire, at Richmond, Saturday, Oct. 30.

Durham, at Durbam, Monday, Nov. 1. ance, on the ground that my client, the plaintiff,

Northumberland, at the Moot Hall, Newcastle. should have attended personally, and that the upon-T'yne, Wednesday, Nov. 3.

NORTHERN CIRCUIT.

« AnteriorContinuar »