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New Statutes.-Lawyers in the New Parliament.
341 bill of costs, charges, and expenses, the court confess judgment in such action to that amount: or judge before whom the same shall be brought Provided always, that if such defendant shall shall stay all proceedings thereon until the have pleaded that he is not liable to the payamount of such bill shall have been duly cer- ment of such costs, charges, and expenses, such tified by the speaker as herein-after provided : certificate shall be conclusive only as to the Provided always, that no such application shall amount thereof which shall be payable by such be entertained by the said taxing officer if made defendant in case the plaintiff shall in such acby the party charged with such bill after a ver- tion recover the same. dict shall have been obtained or a writ of in- 10. Construction of certain words in this act. quiry executed in any action for the recovery --That in the construction of this act the word of the demand of any such parliamentary agent, month” shall be taken to mean a calendar attorney, or solicitor, or the executor, adminis- month; and every word importing the singular trator, or assignee of such parliamentary agent, number only shall extend and be applied to attorney, or solicitor, or other person, or after several persons, matters or things, as well as the expiration of six months after such bill shall one person, matter, or thing, and every word have been delivered, sent, or left as aforesaid : importing the plural number shall extend and Provided also, that if any such application shall be applied to one person, matter, or thing, as be made after the expiration of six months as well as several persons, matters, or things;
and aforesaid, it shall be lawful for the Speaker, if every word importing the masculine gender he shall so think fit, on receiving a report of only shall extend and be applied to a female as special circumstances from the said taxing well as a male; and the word “person” shall officer, to direct such bill to be taxed. extend to any body politic, corporate, or col
9. Taxing officer to report to the Speaker. If legiate, municipal, civil, or ecclesiastical, aggreeither party complain of report, they may deposit gate or sole, as well as an individual; and the a memorial, and the Speaker may require a fur- word “oath” shall include affirmation in the ther report. If no memorial deposiled, Speaker case of Quakers, and any declaration lawfully may issue certificate of the amount found due. substituted for an oath in the case of any other Certificate to have the effect of a warrant to con- person allowed by law to make a declaration fess judgment. That the said
taxing officer shall, instead of taking an oath ; unless in any of the if required by either party, report his taxation cases aforesaid it be otherwise specially proto the Speaker, and in such report shall state vided, or there be something in the subject or the amount fairly chargeable in respect of such context repugnant to such construction. costs, charges, and expenses, together with 11, Form of citing the act.—That in citing this the amount of costs and fees payable in act in other acts of parliament, and in legal and respect of such taxation as aforesaid; and other instruments, it shall be sufficient to use within 21 clear days after any such report the expression “The House of Commons Costs shall have been made either party may deposit Taxation Act, 1847.” in the office of the said taxing officer a memorial, addressed to the Speaker, complaining of LAWYERS IN THE NEW PARLIAMENT, such report or any part thereof, and the Speaker may, if he shall so think fit, refer the same, together with such report, to the said taxing
The elections in the cities and boroughs officer, and may require a further report in re- being terminated, we presume that the fate of lation thereto, and on receiving such further all or nearly all the professional candidates has report may direct the said taxing officer, if ne- been decided. It has rarely been the good forcessary, to amend his report; and if no such memorial be deposited as aforesaid, or so soon tune for a lawyer, or at all events a practising as the matters complained of in any such me-one, to represent a County. The memorable morial shall have been finally disposed of, the instance of Mr. Brougham's return for the Speaker shall, upon application made to him, deliver to the party concerned therein, and re
great county of York was a splendid exception, quiring the same, a certificate of the amount so
Without waiting, therefore, for the county elecascertained, which certificate shall be binding tions, we shall proceed to reckon the number of and conclusive on the parties as to the matters our learned friends, and there are none in comprised in such taxation, and as to the whose success we do not cordially rejoice. We amount of such costs, charges, and expenses, and of the costs and fees payable in respect of have only to wish that they may fulfil their such taxation, in all proceedings at law or in duty, both to their constituents and their proequity or otherwise; and in any action or other fession! proceeding brought for the recovery of the Of the members of the bar, the following is amount so certified such certificate shall have the effect of a warrant of attorney to confess a list of those who served in the late and have judgment: and the court in which such action been re-elected for the new parliament: shall be commenced, or any judge thereof, shall, Aglionby, H. A., Cockermouth. on production of such certificate, order judg- Bernal, R., Rochester. ment to be entered up for the sum specified in Buller, C., Q. C., (Judge Advocate,) Liskeard. such certificate in like manner as if the defend- Cabbell, B. B., Boston, ant in any such action had sigued a warrant to Cardwell, E., Liverpool.
342 Lawyers in the New Parliament.--Defects in Modern Acts of Parliament. Christie, W. D., Weymouth.
Gaselee, Serjeant, Home Circuit. Cripps, William, Cirencester.
Glover, Serjeant, Oxford Circuit. Dundas, Sir D., S. G., Sutherlandshire. Humfry, L. C., Q. C., Midland Circuit. Ewart, Wm., Dumfries.
Payne, William, Home Circuit, London. Godson, R., Q. C., Kidderminster.
Parry, J. H., Home Circuit. Greene, T., Lancaster.
Phillimore, J. G., Oxford Circuit. Grey, Right Hon. Sir G., (Home Secretary,) Pendergast, M., Norfolk Circuit. North Northumberland.
Rolt, J., Q. C., Equity Bar, Stamford. Hayter, W. G., Q. C., Wells.
Shee, Serjeant, Home Circuit, Marylebone. Hogg, Sir J. W., Bart., Honiton.
Symons, J. C., Oxford Circuit.
Warren, Samuel, Finsbury.
Barristers in the last or former parliament, versity.
now unsuccessful : Lefevre, Right Hon. G. S., Hampshire. Bodkin, W. H., Home Circuit, Rochester. Nicholl, Dr., Cardiff,
Escott, B, Winchester. Romilly, John, Q. C., Devonport.
Freshfield, J. W., London. Stuart, J., Q. C., Newark.
Kelly, Sir F., Cambridge. Talfourd, T. N., Q. S., Reading.a
Roebuck, J. A., Northern Circuit, Bath. Tancred, H. W., Q. C., Banbury. Thesiger, Sir F., Knt., Q. C., Abingdon.
Solicitors withdrawn or unsuccessful: Walpole, S. H., Q. C., Midhurst,
Harvey, D. W., Marylebone. Practising Barristers not before in parlia
Wilks, J., St. Albans.
Wire, D. W., Boston. ment, now returned :
Baines, M. T., Q. C., Northern Circuit, Hull.
The Times of the 22nd July has some Evans, John, Q. C., Haver fordwest
very able and just remarks on the misHeadlam, T. E., Equity Bar, Newcastle. Hildyard, R. C., Q. C., Northern Circuit, which it says, are becoming so positively in
chiefs of modern act-of-parliament-making, Whitehaven. Jervis, J. J., Equity Bar, Horsham.
tolerable, that something effectual must be Martin, Samuel, Q. C., Northern Circuit, done to remedy them : Pontefract.
“We have had,” says the editor, “various Palmer, R., Equity Bar, Plymouth. tinkering endeavours to remedy them, but, so Turner, Geo., Q. C., Equity Bar.
far as we can observe their effects, the result Whateley, W., Q. C., South Shields.
has been to make confusion worse confounded. Wilcock, J. W., Equity Bar.
“The introduction of interpretation clauses' Practising Solicitors, or who have formerly has tended somewhat to the shortening of the practised, and have been re-elected :
language of acts of parliament; but on the
other hand, it has led to grave difficulties in Benbow, J., Dudley.
giving a consistent construction to various Blewitt, R. J., Monmouth.
sections of the same act, to increased litigation Grimsditch, Thomas, Macclesfield. Neeld, J., Chippenham.
as a consequence, and to a greater laxity in the
language of acts. Practising Solicitors not before in parliament, " The consolidation acts' have done far now returned:
more towards securing one sort of brevity-that Bremridge, R., Barnstaple.
which concerns copying-clerks and printers ; Cobbold, John Chevalier, Ipswich.
but, not improbably, at least as much more Hodgson, T. H., Carlisle.
towards augmenting those difficulties and Pearson, Charles, Lambeth.
adding to litigation. The defunct Health of Barristers not before in parliament who have our representatives to the rapid approach which
Towns Bill seems to have opened the eyes of appeared as candidates, but withdrew from we are making to inextricable confusion, when the contest, or have been unsuccessful : a question as to the effect of one of its clauses Bethell, Richard, Q. C., Equity Bar.
led to the explanation that it would embody in Butt, G. M., Q. C., Western Circuit.
that bill nearly 800 sections of several other Chambers, T., Home Circuit.
acts. The house came to a stand-still at once; Cobbett, J. P., Oldham, Northern Circuit.
for, in all likelihood, there were not a score of Crowder, R. B., Q. C., Western Circuit.
its members aware that they were merely about to do for towns in general that which they had
been unconsciously doing, perhaps on the same • The Queen's Ancient Serjeant is placed in day, for towns in particular. this List, having formerly been in parliament, “Take a bill of the present session for the though not in the last.
improvement of any given town. The number
Defects in Modern Acts of Parliament.-Legal Education.
343 of its own clauses may be safely estimated at less that the report of a lay commission might not less than 60. In order to make it a com- throw considerable light on the manufacture of plete measure, the following acts of the present acts of parliament." session would be incorporated with it:—The Towns' Improvement, the Commissioners, the Water Works, the Markets and Fairs, and the
LEGAL EDUCATION. Gas Works Clauses Acts, to which the Royal assent has already been given; the Police and REPORT OF THE SELECT COMMITTEE OP the Cemeteries Clauses Bills, portions of the
THE HOUSE OF COMMONS. Railways Clauses Consolidation Act, 1845; and, virtually, the whole of the Lands Clauses Means for the improvement and extension of Consolidation Act, 1845; and various pro- legal education in England and Wales. visions of about half-a-dozen other recent acts.
Having gone in sufficient detail into the A complete act of the present session for the investigation of the existing state of legal improvement of a town may fairly be taken to education and its effects, the committee consist of (in round numbers) ONE THOUSAND SECTIONS, which, if printed in extenso, like the proceed to submit to the house the results octavo edition of the Statutes at Large, would of their inquiries into the means adopted make a volume of about 300 pages. Such an or proposed, in order to meet those deImprovement Act would have an interpretation ficiences. clause of its own, and would embody about The efforts hitherto made in this view, half-a-score more interpretation clauses, in have originated with the universities, and some particulars probably differing from it, and other constituted bodies, or with individuals, conflicting among themselves. instead of so strong a case as this, we turn to and have reference either to legal educabills for the construction of railways, docks, or tion generally, or to the special education other public works, of which scores are passed suited to professional purposes. Those in without the legislature being conscious of what which the universities may claim a part they are doing, we shall find that very few if have been few and unsuccessful. The any of them consist of less than FIVE HUNDRED University of Oxford, in 1844, made an SECTIONS, with four interpretation clauses.
“That laws of this sort should be uncertain attempt to institute an examination for all can create no surprise. That they should persons. occasion no more litigation than they do is the “The Regius Professor of Civil Law was to wonder. That parliament should be besieged testify to the fitness of the candidates intending every session by hundreds of public bodies for to proceed in law, and they were also, preacts to amend their acts, for means to avoid viously to proceeding to the higher degree in lawsuits, is the natural consequence.
law, to write upon some given subject for the “Contrast with a modern act the statute 9 professor. This was a very limited measure of Henry 3, c. 6 :-"Hæredes maritentur absque reform. It reduced itself simply to this, that disparagatione.” Those four words of wretched it substituted for the present practice of waiting Latin are the whole of that statute, which was for a certain period, and reading or being supfor four centuries an important portion of posed to read three lectures (the positive readMagna Charta.
ing of these lectures having been disused for " The grand difference between the ancient some time), a single dissertation on any thesis and the modern statutes is, that the one consists which related to the science of the civil law, to of a string of mere propositions, while the other be first approved by the regius professor, then enacted a principle. The honourable member to be real publicly in the school, and afterfor Newark had this difference, we doubt not, wards delivered into his hands. The disserin view when he said that more scope must be tation was not required to be in Latin as at given to magistrates in the interpretation of present, nor was there any other test proposed acts of parliament than they now possess. If beyond the approval of the regius professor. parliament merely enacts a principle, the courts The whole test by which the university promust find means to carry it into effect, as they posed to prove the fitness of the persons for did in former days. If the judges under the either of its law degrees, amounted to no more Tudors and Stuarts could be safely intrusted, than a single dissertation, an obligation imas experience has proved to be the case, so to posed on each candidate to lay it before the interpret and give effect to our ancient statutes university. Those who know what feeble evias to form the foundation of those liberties dence such documents afford of competency which we now enjoy, it cannot be maintained or assiduity, and how unsafe it is to rely, in that, with all our advantages of free discussion such arrangements, upon the accuracy or and their independence of the crown, a similar severity of private examinations, will hardly duty may not with advantage be imposed on consider the intended statute as more than the present bench; and if the Barons of another form added to what already existed, Runnymede could compile statutes which re- and very unlikely to produce the wide and quired no amendment for six centuries, there substantial results attainable by a really effective surely has been no such degeneracy of our legal education. Such as it was, however, it laymen since their days as to render it hope- was not permitted to pass ; owing apparently
Parliamentary Report on Legal Education, to local and temporary circumstances, uncon-, ever, does not appear to have been at any time nected with its own merits or demerits, the very general. In addition to lecture and class proposition of the heads of houses was thrown instruction, it was not unusual for the pupils out hy a considerable majority of the convo- to attend the courts, and the professors were cation. The measure has not been resumed, in the habit of taking advantage of this cirthough still favourably entertained, it is under- cumstance, and placing before their classes, in stood, by the heads of houses. Its value con- the common law department, the pleadings in sists in the recognition it implies of the necessity cases pending at the time; a practice which of improvement, and in the disposition to meet had the effect of exciting the attention of the it by new arrangements. The other univer- student, who, in many instances, watched with sities have made no advance of a positive a lively interest the progress and issue of such nature beyond the position which has been proceedings. The funds for carrying on the stated they occupy in the commencement of project were for the first year derived from the this report, but there is no reason to suppose fees paid by the classes. During the second there is more unwillingness amongst them than year they proceeded from the same source, and in the University of Oxford to admit such from a grant of 4001. by the benchers of the alterations as, without disturbing the other King's Inn, a like grant of 100 guineas from arrangements of the academical course, would Lincoln's Inn, and a like grant of 100 guineas satisfy the wants, so generally admitted, of the from Gray's Inn, together with some small public."
presents, donations, and subscriptions from The first exertions to meet the demands fellows and associates of the society. The of the profession, especially of the barrister, original fee required for each of the courses of were met with in Ireland. From time to ing to the nature or extent of the course. time, attempts were made to render the These funds were hardly adequate to the mainsingle Inn of Court there effective as an in- tenance of the institution. After defraying stitution for the communication of legal in- house-rent, 401. a year, and other incidental struction, but with little or no result. expenses, such as publication of reports and Private energy endeavoured to provide a papers connected with the society, arising from substitute.
various causes, little remained for its other
objects. The first year a sum only of 1131. "In the year 1839, an institution under the 158. 6d. was left to remunerate the principal, name of the Dublin Law Institute, for the pur- professors, and secretary, for their services, pose of affording a systematic legal education The smallness of the funds soon compelled to both branches of the profession, was formed retrenchments. The first year, from the by Mr. Tristram Kennedy, and opened in the greater number of pupils in attendance, the following year. It was at first governed by a institute was enabled to publish lectures and council (invited by circular from Mr. Kennedy, reports: the same number not having attended, who acted as principal), composed of the most and consequently the same amount not having eminent members of the Irish bar. The council been received from the classes in the second or framed rules and regulations for the extension third year as in the first, the intention of puband management of the society, and any mem- lishing annual reports was surrendered. This ber of the profession might become either falling off of attendance is not, however, to be fellow or associate of the society, in conformity ascribed to remission of zeal, a greater number to the rules so made. In the second year of entered the first year, as might be expected : its existence, the benchers of the King's Inn the list comprised the students not only of the became connected with it; they took the de- last but of three or four years previous, and signation of fellows of the society, approved of who had hitherto no opportunity of attending the professors who had been teaching in the any similar institution in the country. It is institution the year previous, and accepted and farther to be observed, that the institution was exercised the power of re-constituting in some open to all : and not only were solicitors respects the council and the society. The placed in the council, with a view to their society had till then sought a charter of incor- superintending that portion of the education poration, but on the benchers becoming which referred more immediately to their own associated with it, it deemed such con- profession, but additional advantages also were nexion equivalent to any advantages which proposed to be given by admitting articled a charter could confer, and the measures then clerks or apprentices at a lower fee than stu. in progress for obtaining it were in conse- dents preparing for the bar. It was intended quence for the time abandoned. The system also, as funds and other circumstances should was carried on; instruction delivered through permit
, to enlarge the number and subjects of means of lectures to classes by four professors, the courses, and gradually to add lectures on barristers of standing and distinction, in constitutional law, international law, com departments of equity, common law, law mercial law, the laws affecting and regulating of property and conveyancing, and medical the offices of coroner and magistrate, &c. jurisprudence; to which was subsequently These projects, and indeed the general operaadded a chair of criminal law. With each of tions of the society, were interrupted in the those chairs was connected a course of class month of May, 1842: an application was made instruction; the attendance on which, how-to the benchers of the King's Inn for a reParliamentary Report on Legal Education.
345 newal of their grant of the previous year, that he had been entered five years. The only ingrant having been to meet the then current ducement to attend, as far as he recollected, year's expenses of the institute ; but the ap- was, that instead of being five years on the plication not having received their favourable books, which they now are required to be, consideration, the professors of the institute unless they have the degree of Master of Arts, decided upon discontinuing their courses of they should have the same benefits as if they instruction for the future. In the month of had taken the degree of Master of Arts. The November, 1845, however, it was re-opened, professors chosen are to lecture upon common and the lectures revived by a course in the and criminal law, constitutional law, equity, common law department, delivered by Mr. and the law of real property. None of the Napier, Queen's Counsel.
To this course inns of court have recommended that there there was free admission, and the average should be a public examination to qualify: number of persons in attendance was 115 | They doubt whether, without the help of the daily, Mr. Napier's course was followed by legislature, they would have the right to do another in the equity department, delivered so ; (an opinion from which, however, Lord last term. The original council had not Campbell dissents.) The professors are to be resigned, but the grant from the benchers remunerated partly from fixed salaries, payhaving been altogether withdrawn, the insti- able from the treasuries of their respective tute stands for the present in a precarious inns, and partly by fees, and are to continue situation.
their duties for a period of three years. The “ It is obvious that the radical defects of details of this plan, as well as those of others, this project are attributable to the restricted will be more particularly understood by a and uncertain nature of its operations. Instead reference to the original documents, presented of receiving the co-operation and direction on by witnesses, and printed in the appendix. which it originally calculated, from the au
u-Though no decision can yet be come to as thorized representatives of the bench and bar, to the expediency or efficiency of these meain the society of the King's Inn, it is at pre- sures, one point is at least certain, that it is an sent deprived of all pecuniary aid from that important step, and that the earnestness with quarter, and whatever countenance it receives, which it has been prosecuted by the inns of is to be considered solely personal and not court is a good evidence of their desire to collective. It is not only a purely voluntary secure for their plan the extension and per. association, but one which, after the recent manence, so much to be desired in such transactions, is regarded as scarcely sanctioned arrangements, by the bench or higher bar. Designed for " In Ireland similar attempts have not been professional utility, these are formidable ob- made on the part of the King's Inn; on the stacles for the Society to contend with, nor are contrary, the first step which might be conthey likely to be conquered but by a renewal sidered, if not essential, at least of importance. of former friendly relations. A better security, for defining and securing the however, seems to be an incorporation, by authority of the society itself, has been resisted.
wae iunctions and charter or act of parliament, and such is the We have already seen that the charter formerly view which appears to be entertained by the granted was soon withdrawn, at the instance society itself."
of the bar itself, at a meeting of the Utter In England, similar efforts, though some- (Outer) Bar,' 24th January, 1793, Mr. Fletcher what more recently, have been made, by that the act of parliament confirming the
(the late Judge Fletcher) in the chair, and bodies analogous to the Society of the charter, with the consent of the barristers, was King's Inn, by the Inns of Court; but in- repealed. At present opinions are divided stead of waiting for the formation of a upon the nature and extent of its powers; and voluntary society, or repudiating such this proves, to a certain degree, an obstacle on when formed, they have themselves taken the part of that body, to the originating or the first steps in the same direction, and maintaining an effective system of legal edu: applied their own funds, time, and exer
cation.” tions to such purposes.
The committee then bring under notice “Lord Brougham, who has not been back- the measures taken by the second branch ward in promoting by counsel and co-operation of the profession, the solicitors, to provide these changes, states, “It was the opinion of for the educational wants of its members. the delegates from the inns of court, over whom I presided, that each inn should appoint “We have already stated, in addition to one professor, and that the fifth professor societies incorporated by charter, such as the should be appointed by the whole. It was Law Incorporated Society of London, there also added that a preference should be given are, in most of the principal towns, voluntary in the calls to the bar to those who had at- societies for the promotion, by lectures and tended, and brought a certificate of their classes, of the instruction most needed in their attendance, upon those courses ; that one or several departments. These institutions, betwo courses should be required, and that no sides the advantage of libraries and comperson should be allowed to be called to the monication, in some degree also maintain a bar who had not attended those courses, unless salutary surveillance, a sort of admitted moral