348

Parliamentary Report on Legal Education.

these views be still questioned, and the appre- few who might wish to take advantage of it, hension be still entertained, that such change but to require from the many, whose knowledge will necessitate the sacrifice of some portions or ignorance on such subjects affect not themof the present scientific or classical curriculum, selves only but hereafter the public in the a remedy for such evil may be found, which, responsible positions in which they may be independently of its service in this particular, placed, some knowledge, however elementary, would tend generally to the advantage of all our of the first principles and processes necessary Universities; let the standard of the Matricula- for a due discharge of their duties. The courses tion examination be considerably raised; dis- above suggested do not secure this, nor does it embarrass the Universities of those elementary appear any other is likely to secure it, which is or preparatory studies which belong to our not integrally connected with the under-gradugrammar and high schools, and thus render ate course, or at least compulsory. The nature applicable to higher purposes the three and and extent of this compulsion, how far it can four years, the most precious of life, now spent be enforced by attendance on lectures, or by within their walls. Such an arrangement examinations-by one examination or by many would tend not less to the advantage of these-by testimonials, honours, or degrees, are schools than to that of the Universities them- questions not special to the study of the law. selves, and still farther carry out that division Whatever may best advance one branch of of labour which, in the mental as well as physi- knowledge, or facilitate or abridge, or promote cal world, is every day more and more required acquirement in one department, appears not by the general progress of civilization. less applicable under ordinary circumstances to

"It is thought by some of the witnesses others. The answer to such inquiry is one of that this object could be equally well attained general education; it must depend upon the by establishing in the Universities, in addition progress it has made or is to make in our Unito the under-graduate course of art and science versities. -a course of law general and special, open to "There is no institution inferior to the Uniall who had passed their under-graduate versity in England where such studies can be course, and by attending which, for a certain introduced with advantage; but this does not period, two years, for instance, a sufficient ele- seem to be the case in Ireland. The charter of mentary knowledge, for all general purposes of the New Irish Provincial Colleges empowers magistrates, legislators, diplomatists, and offi- them to found "chairs of law." It may be cials might be easily attained. Others suggest thought that taking into view the position in that the inns of court should admit to their which they are likely for some time to be course of instruction students from the unpro- placed, there is little chance of much demand fessional classes above mentioned; others for such instruction. But it must be rememagain, wishing still farther to meet these wants, bered that these colleges are at a later period propose that a general course should precede to be aggregated into an University. They the more special or elementary professional offer in a remarkable manner the opportunity courses in any institute which might be established for the particular instruction of the bar, admission to which should be granted to the non-professional student as well as to the professional. Without depreciating unduly any of these recommendations, it may be observed, that none meet the object in view. That object is not merely that such opportunities should be presented, but that they should be taken advantage of. If the university student on completing his under-graduate course, could be induced or compelled to remain two years longer for the prosecution of his law studies in the University, or to spend that time, or at least a sufficient portion of that time in frequenting for the same purpose the inns of courts, there could be no question that such arrangement would be the best which could be desired; but not only is there no such inducement suggested by witnesses, but no hope that any can be suggested sufficiently strong to attain this end. The only motive at present likely to retain the great mass of students in the University, even during the under-graduate course, is the prospect of a degree. The degree once conferred, this motive ceases. A few, of course, might remain behind and pursue such studies, but they would most likely be those who, under all circumstances, would have pursued them. The object in view is not merely to provide for the

sought for in the existing Universities, of introducing a popular course of elementary law or jurisprudence for all classes, and attendance on which, being required for the attainment of a degree, would ensure its extension to all those to whom such elementary knowledge would be applicable. Nor would its advantage to the professional classes be less; it would form a good preparation for those higher studies to which the student would have to proceed, in institutions intended for the more special education of the barrister or solicitor. And if at the onset the limited number of students or other causes should proportionably limit the peculiar department of such professorships, there might without difficulty (as is usual in all incipient establishments) be aggregated under the same professor one or two other cognate departments. The professorship, though specifically of law and jurisprudence, might embrace, until it should be found necessary or expedient to divide them, courses also of political geography, statistics, and political economy, as subsidiary and supplementary to those of jurisprudence.'

On the second question, viz., the propriety and practicability of adding new courses, and enlarging the present in the law faculty, (if so it may be called,) of existing universities,-opinions, if not unani

Parliamentary Report on Legal Education.

349

mous, are not so divided as on the first. ficial effects, as in Germany; for it is the The object held in view by some, is to application of these incitements which in Gerafford, as already stated, opportunities for many leads to these results. It would then be time to advance to the improvement of both at least elementary education to the courses and professors, extending those which general student: others propose to adare now too limited, giving vitality to those vance, and are disposed to aim at such a which are dead, adding others which are yet scale and extent of instruction, as would unthought of, doing in its proper season whatmeet the wants of the special student, ever might be successively required by the whether professional or non-professional, advancing state of the science and the exiand be in some measure equivalent to the gences of the times. A high legal school law courses of foreign universities. might thus be formed, in which, on one side, the elementary student might, if he thought "This latter plan, especially, in the case that proper, complete his course, to whatever deshould it be found practicable to include partment he proposed to devote himself, and elementary study in the under-graduate course, in which the future barrister and advocate appears reasonable. A faculty, to deserve the might not only prepare for, but, in some parname, ought to proceed beyond introductions ticulars, advance beyond the more special and preliminaries. How far this may be at- studies of his profession. It would, indeed, be tainable under existing circumstances, is a total misapprehension of the purposes and scarcely to be collected from any evidence character of this university legal education to submitted to your committee. The chairs consider it as a substitute for, or even apalready instituted have, it appears, in many propriate to, the peculiar purposes of the instances become sinecures, not through in- professional student. For this, as in other attention of the professor, but from indifference departments, the special institution is absoon the part of the student. Lectures there lutely essential. The province of the university have been, but seldom hearers; and of the few is to teach the philosophy of the science, and who have attended the lectures, (the lectures to secure instruction in those branches for being but in few cases accompanied by ex- which it might be apprehended the more techaminations,) no evidence exists of how many nical character of the special institution would of them have profited, or to what extent. The inadequately provide. Instruction in civil law, attempt to borrow from Continental example, as bearing particularly on canon or eccleand to multiply new chairs, without looking siastical, for which there is a direct demand in first to the means of making the old more our prerogative and ecclesiastical courts; conefficient, would be idle. To ensure this effi- stitutional and parliamentary law, not only in ciency is the great difficulty. It depends not relation to our own country, but to others; on lectures only, but on pupils. Pupils are administrative law, in its connexion with manot to be had, except by some distinct require- gisterial and official duty; international law, ment-the evidence as to the futility of mere as it affects our relations to our sister nations; voluntary lectures is conclusive. That re- but above all, the great and enduring prinquirement again must be justified by some ciples on which all law, whatever may be its prospective advantage. The advantage which local or temporary modifications, should rest, universities have to offer is, eligibility to and which is no more than the highest mo lucrative and honourable situation, professional rality, directed by the highest philosophy in emolument, intellectual, moral, and social action; this is the appropriate and honourable rank. Now the real or presumed evidence of vocation of an university law school or faculty; this to the public, is the public degree. The and which, whilst it in no way militates against degree may be given with or without condi- or supersedes the peculiar province of the tions: its value, as a test, will be estimated special professional institution, will give a accordingly. By a proper choice and enforce- higher and more scientific tone to the entire ment of conditions, the universities have the study, and if carried out in a manner worthy means to raise, enlarge, or extend any study. of its dignified ends, will go far to replace law This power has been already applied with in its legitimate position; and from being, as good results in arts. There is no reason why it now is, an art depending, like others, on it may not be applied with the same good more or less experience, more or less dexterity results in law. If the granting degrees in civil in practice, will elevate it once more to a noble and common law were made to depend on due science; next to religion, the chief instrument attendance on a proposed number of courses, for the civilization and happiness of mankind. the results afterwards to be tested, not by one, Out of such a school we might gradually hope but by a considerable number of examinations, to see arise a succession of teachers and conducted publicly by efficient and con- guides, as publicists, jurists, professors, scientious examiners, and that these degrees, writers, to whom we might refer with confiso obtained, were to constitute, not so much a dence for counsel in all the higher questions qualification entitling to office either in church and graver difficulties of legislative or ador state, as an indispensable condition, or, at least, a ground for preference to such appointment, the hall of the professor in this country would be as crowded, and with the same bene

ministrative duty, which, in constitutional states especially, must continually occur. Such men, by their distance from immediate and transient political passions and interests, and

350

Legal Obituary.-Admission of Attorneys.—Analytical Digest.

from the more comprehendsive and loftier character of their studies, would be enabled to take in with impartiality, not only present but future considerations, and in conjunction with the most eminent of the bench and bar, might from time to time be entrusted with the simplifying and consolidation of our statutes into codes, the superintendence of such proceedings on public and private bills as parliament might hereafter be induced, by the enormous accumulation of business, and sound philosophic principles, to propose. Such, to a great degree, are the functions exercised, with so much advantage, by the law faculty, and the class which it has formed, in foreign universities; and lest it might be thought that, however advisable in foreign states, it could hardly be applied in ours, it is to be observed that it is not limited by any form of government. What has been found good in Prussia, has not been found evil either in Switzerland or America."

LEGAL OBITUARY.

1847, May.-Sir David Pollock, Chief Justice of Bombay. Called to the Bar 28th Jan. 1803, by the Middle Temple.

June 17. Joseph Laing, jun., solicitor, of North Shields, Bank Agent, and one of the Commissioners for that place. Admitted on the Roll, Michaelmas Term, 1829.

June 21. David Leahy, Barrister-at-Law, Judge of the Lambeth County Court. Called to the Bar, 29th Jan. 1831.

June 25.-John Rawlinson, Esq., magistrate of the Marylebone Police Court, aged 69. Called to the Bar of the Middle Temple, April 10, 1818.

July 1.-Henry Morgan, solicitor, of Cardiff, aged 56. Admitted on the Roll, Michaelmas Term, 1821.

July 3.-Stephen Abbott Norcutt, solicitor, of Ipswich, aged 69. Admitted on the Roll of Easter Term, 1800.

July 5.-Samuel Denton, solicitor, of Gray's Inn, aged 81. Admitted on the Roll, Hilary Term, 1794.

July 8. - Percival Thomas Torkington, solicitor, of 22, New Bridge Street, Blackfriars. Admitted on the Roll, Hilary Term, 1827

July 11.-Michael Clayton, of Lincoln's Inn, Charlwood Park, Surrey, and Chester, Northumberland, Solicitor. Aged 53. Admitted on the Roll, Michaelmas Term, 1816; a Member of the Council, and lately President of the Incorporated Law Society.

July 12.-Ralph Harrison, Esq., of Lincoln's
Inn, Barrister-at-Law. Called to the Bar 25th
May, 1821.

Master in Chancery. Called to the Bar of
July 13.-Andrew Henry Lynch, Esq., late
Middle Temple, 23rd Jan., 1818.

July 18.-Robert Suter, of Greenwich, Solicitor. Admitted on the Roll Trinity Term,

1815.

July 29.-John Moore, Esq., of Lincoln's Inn, Barrister-at-Law. Aged 70. Called to the Bar of the Inner Temple 24th Nov., 1809.

NOTICES OF THE ADMISSION OF ATTORNEYS.

MICHAELMAS TERM.

Pursuant to Judges' Orders, granted since the printed List. (See pp. 224, 226, ante)

Ratcliffe, Robert, New Mills, in the Parish of Glossop, Derbyshire.

Analytical Digest of Cases: Common Law Courts.

family; and that neither the pauper nor his paid. Held, that the action was not maintainfather had gained any settlement in their own able. Goodal v. Lowndes, 32 L. O. 589. right. Held, sufficient, without enumerating 2. Order.--Appearance by attorney.-A perand negativing the modes in which the pauper's son against whom an application is made for father might have been emancipated. Reg. v. an order in bastardy, under the 8 & 9 Vict. c. Inhabitants of Rothwell, 7 Q. B., 574 n. 10, may appear before the magistrates by attorney or counsel.

Churchwardens and minority of vestry.-Who form part of vestry.—A monition, founded on an allegation that a parish church was out of repair, issued from an ecclesiastical court, requiring the churchwardens to call a vestry for the purpose of making a rate, and the parishioners to meet in such vestry, and then and there make a rate for repair of the church and decent celebration of divine service, &c., therein. The churchwardens gave notice of a vestry meeting, and the vestry met in obedience to the monition; when the monition and notice were read the churchwardens produced a survey and estimate to which no objection was made, nor was the necessity for the repairs, &c., disputed. A rate of 2s. in the pound was then proposed and seconded, upon which an amendment stating an objection to church-rates in general,

352

Analytical Digest of Cases: Common Law Courts.

HIGHWAYS.

and refusing to make any rate, was proposed and seconded, put to the meeting, and carried Time for appealing.-Where a statute emby a majority. The chairman then asked powers justices, on information laid at special whether any further proposition as to amount sessions, to make orders on specified parties of rate was made, to which no affirmative an- for the payment of money, notice of the inswer was made. Thereupon the church- tended information being first given to such wardens and other members of the meeting, parties, and empowers them to appeal, giving being the minority of those present, made a notice of such appeal "within six days after rate. A protest was then delivered on behalf such order" "shall be made or given," the of the majority of those present. The church-time for notice of appeal runs from the making wardens proceeded against G., a party so rated, of the order, not from the service. in the ecclesiastical court, in a cause of subtraction of church-rate, setting forth the above facts in the libel and in the proofs propounded. The libel, &c., having been admitted to proof, G. declared in prohibition. On general demurrer to the declaration (by which all the facts appeared): Held, 1. That the persons voting for the amendment must be considered as having declined to join in the proceedings of the meeting, the amendment having no reference to the object for which the vestry was summoned under monition; that the persons so voting, therefore, left the question in the hands of the remainder; and that the rate was legally made. 2. That it was unnecessary again to put the rate formally to the vote, inas

much as it had been in fact taken into consi

deration and negatived by the amendment, though it would have been more regular not to put the amendment. Judgment for defendants in prohibition. Gosling v. Veley, 7 Q. B. 406. Cases cited in the judgment: Olknow v. Wainwright, or Rex v. Foxcroft, 2 Burr. 1017; 1 W. Bl. 229; Rex v. Monday, 2 Cowp. 530; Hawkins, 10 East, 211; Rex v. Parry, 14 East, 549; Taylor v. Mayor of Bath, 3 Luders, 324; Veley v. Burder, 12 A. & E. 308.

So held on appeal, under sect. 3 of stat. 4 & 5 Vict. c. 59, against an order of justices, under sect. 1, requiring a surveyor of highways to pay money out of the highway rates in aid of turnpike funds. Reg. v. Justices of Derbyshire, 7 Q. B. 193.

Cases cited in the judgment: Rex v. Justices of Pembrokeshire, 2 East, 213; Rex v. Justices of Staffordshire, 3 East, 151; Rex v. Justices of Lancashire, 8 B. & C. 593.

See Settlement, 3.

HIRING.

INHABITANCY.

Certiorari.-An order of removal, made 18th

Jan., purported to be founded upon a complaint that the paupers "have lately intruded and come into the said parish of G., and have become actually chargeable to the same," and directed them to be removed to B. The first practicable sessions for an appeal were held on 11th April, and were adjourned to 9th May. No appeal was entered at the sessions in April, but, according to the practice of that court, an appeal entered at the adjourned sitting in May would be in time. The overseers of B. moved for a certiorari on 25th April: Held, that although, the time for appealing had not expired, Mandamus. - Certiorari. — The Poor Law the overseers of B. might obtain a certiorari; Commissioners made an order directing the and that the order was bad, as being founded overseers of the townships of a union to as-on a complaint which did not sufficiently allege semble and appoint a barrister to act as re- that the paupers had come to inhabit in G. turning officer at a certain election of guardians. Reg v. Willats, 7 Q. B. 516.

Rex v.

COMMISSIONERS' ORDER.

A rule for a mandamus to the overseer having been obtained, Held, that there was nothing on the face of the order to show that the Poor Law

commissioners had exceeded the jurisdiction given them by the 4 & 5 W. 4, c. 76.

See Jurisdiction, 1.

JURISDICTION.

1. Removal." Coming to settle."-Inhabiting.--An order of justices, removing a pauper Held, also, that if the Poor Law Commis- of M., recited a complaint by the parish officers from parish B. to parish P., both in the county sioners had power to make the order, the of B. that the pauper "intruded and came into validity of it could not be discussed in showing the said parish of B., and hath actually become cause against a rule for a mandamus, unless chargeable to, and is now inhabiting in, the the order had been first brought into this court same parish;" and it adjudged "the same to by certiorari. The Queen v. The Overseers of be true." Held, that the order showed juristhe Oldham Union, 34 L. O. 229.

COMPROMISE.

See Bastardy, 1.

COSTS.

See Appeal, 2; Order, 1, 2.

EMANCIPATION OF PAUPER.

See Appeal, 1; Settlement, 1.

EXAMINATIONS.

See Settlement, 2, 3, 5.

diction, though it did not state that the pauper had come into the parish with intent to settle, as required under stat. 13 & 14 C. 2, c. 12, s. 1; inasmuch as stat. 35 G. 3, c. 101, s. 1, gives a new power of removing paupers inhabiting and actually chargeable, with reference to the purpose with which the pauper inhabits.

The order appeared to be made by, and upon complaint before, two of her Majesty's justices of the peace acting in and for the county of M;" and it contained no further statement of the place where it was made, ex