Review: Platt's Treatise on Leases.—Improvements in Chancery Practice.

Those contained in the appendix to this work have been selected from a large number, as best calculated, from their various objects, to prove of practical service. In preparing the detached forms, Mr. Platt has aimed at a We close this notice, doubting not that middle course, and, while divesting them of the learned author will be amply rewarded much of the abundant phraseology by which for his meritorious labours.

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"Affidavits in town to be sworn at the affi- demand, to fit them for places of special davit office, on filing them."

PROPOSED LAW UNIVERSITY.

In order to submit the Report of the Committee on Legal Education in a convenient form to our readers, we have subdivided it into various portions :-endea vouring in each instance to present a distinct section or topic for their consideration. Pursuing this plan, we now advert to the statements and recommendations of the committee for remodelling the Inns of Court, and forming out of them a College or University of the Law.

legal education. In this view, all witnesses, professional and non-professional, from England or Ireland, concur. Whatever differences exist, refer only to the manner in which such project may best be carried out.

66

cieties; in Ireland one. The question, thereIn England there are several of these sofore, arises, whether these societies should act each in its sphere, for one general end. independently of each other, or co-operate,

"The great majority of witnesses decide in favour of the latter proposition. They suggest that the several Inns of Court, instead of each establishing for its own members a series, and possibly the same series of lectures, should each found a certain number, the most appropriate to that particular Inn, to which admission should be open to the members of all. The several Inns would thus form the colleges, as it were, of one common university in this particular as in others, (such as their common halls, chapels, libraries, &c.,) resembling our existing universities; and having in the bench, as their common head, the counterpart of the senate, council, or caput academicum of these institutions.

66

The number, classification, and apportionment of these lectureships and courses to the respective Inns, must in great measure depend upon the circumstances of each, and the opinions and wishes of their several authorities point out, or that can indeed be looked for in and members. All that witnesses at present On leaving the university, (say the the first instance, be made for instruction in any project, is that due provision should, in committee) every student proceeds to the great departments of the profession, such select and prepare for that profession as the Law of Real Property, Common Law, to which he or his friends consider him Criminal Law, Constitutional Law; and then best suited; and it is then that the gradually in those subsidiary branches confuture lawyer looks around for special instruction. It is then also that the public, but above all his own profession, ought to be ready to meet him. An institution for special professional instruction in the two branches of the profession, now becomes necessary, and following the course of the example and experience of the two other learned professions, it does not appear that its organization and management can be confided with more propriety and advantage to any body than to the profession itself; and the committee proceed to state that

"It so happens, that this view is not only the most rational, but in the present instance the most practicable. The profession in these countries have a recognized organ for such purposes in the 'Inns of Court;' societies not only commanding the consideration of the public and profession, but originally, as it appears from the evidence before your committee, founded and endowed for these very objects, and thus requiring no innovation, but such modifications only as existing society may

Nor

nected with the principal, such as Commercial cedure, &c., &c. The last class might likewise Law, Medical Jurisprudence, General Proembrace those departments for which chairs were also provided in the universities; such as International Law, Comparative Constitutional Law, &c.; and which so might form the link (at least might so be treated in the Inns of Court as to answer that purpose) between prowould it be unwise, that two chairs should be fessional and non-professional studies. endowed by the Inns in common, on the plan of similar chairs in foreign universities; the one for the purpose of conveying instruction on the Methods and History of Law, and which might serve as the introduction to whatever course the student might think proper to adopt afterwards; the other on the great principles of General Jurisprudence, or the Philosophy of Law and Legislation, which might in a like. manner serve for its conclusion. The character of these professorships may appear somewhat less practical that that of others, and so far may seem to depart from what ought to be regarded and maintained as the peculiar character of this institution, as contrasted to that of the universities; but this objection on a little reflection will disappear. When it is considered

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Parliamentary Report on Legal Education.

how much time and labour may be saved, how but accepted. On the result all agree; few on much error and disappointment avoided, how the means by which it can be accomplished. much the acquisition of knowledge may be facilitated by furnishing the student with chart and compass in the beginning, such objection can scarcely be urged against the first of these chairs. Still less against the second. It is at the conclusion of a course, when scattered facts and disjointed reasonings are to be gathered together and formed into one synthesis or system, in order to render them not only of special but general application, that such an aid as that proposed by the endowment of this second chair, becomes not merely valuable but essential. In the instance of a profession, too inclined by the after business of life to fall into the particular and technical, such a corrective, from its very character of comprehensiveness and philosophy, appears more particularly desirable.

"It is not sufficient that the professor should deliver a lecture: lectures, without examination frequent and accurate, without class teaching, without private instruction, fall dead on the majority of bearers; and however popular in the outset, sooner or later, on the concurrent testimony of some of the most experienced lecturers and lawyers themselves, gradually deteriorate, and finally lose their efficacy and audience. But lectures, class teaching, and private instruction, may each and all be excellent, and yet be productive of no real benefit, unless it be also practicable to ensure hearers. Some maintain that this result is sure to follow from the superior and intrinsic merit of the instruction and instructor; that to secure acceptance, it is only necessary to render acceptable: while others again reply, that without incentive, or obligation of some kind remote or immediate, the highest excellence will not be appreciated, and the most valuable opportunities will be contemptuously passed by."

"Nor is the advantage in point of economy, extent, and completeness in respect to professorships, the only one to be expected from this combination of the Inns amongst themselves, for one general purpose. The field of exertion and emulation, to both professor and student, The committee observe, that unforis greatly enlarged, habits of intercourse and tunately for the student and the pubsympathy, so desirable amongst men whose lic, general experience (it is scarcely future lives and labours lie so much together, necessary to refer to particular evidence) are generated, and a harmony in instruction testifies in favour of this latter opinion; and action secured, the result of which cannot but be felt beneficially through the whole range the bar should be regulated by other prinnor is there any reason why a student for of the lawyer's after practice, and ultimately, no doubt, in the decisions of the bench, and ciples of action than students for any other the acts and other proceedings of the legislature. profession. The question then to be de"The economical arrangement and mainte- cided is this, to what extent can this moral nance of these professorships, as regards ap- power, either of inducement or compulsion, pointment, remuneration, and dignity, must be applied? necessarily be determined by those from whom they are to originate, nor can any other recommendation be ventured on beyond those of a general nature. The Inn of Court which endows should appoint, with as much as possible the concurrence (to be obtained directly or indirectly) of the other Inns: the remuneration should be regulated by the joint consideration of the eminence of the individual and the importance of the chair; and to he effective, both as regards the professor and the student, by securing his independence but at the same time simulating his exertion, it should be formed of a fixed salary and fees. Such is in general the concurrent suggestion of all the witnesses, and by some it is insisted on as indispensable. His functions would naturally place him in the same rank as the professors of our universities. It may be a question whether this chair should be held during good behaviour; or for a limited period, with power of re-election. The latter arrangement appears to have been contemplated by some of the Inns, and though liable to some objection, on the whole appears preferable to any other.

The inducement here may be so direct and strong as to be tantamount to compulsion. If the attendance on certain courses of lectures be required, and the results of this attendance be tested by public examination, periodical as well as final, as the indispensable condition for admission to the bar, and if the permission to attend such courses and to pass such examinations be also made conditional on a certain amount of preliminary knowledge, also to be proved by an entrance examination; it is clear that to all intents, such preliminary examination, attendance, and final examination, will be compulsory on all who destine themselves to the profession, and will operate in securing, if conscientiously followed out, an educational qualification for every barrister. It is quite true, indeed, that this can constitute no guarantee for superior ability or acquirements, nor is it meant that it should. Its object is simply to preclude incompetency and indolence. Superior qualifications may be tested by another measure, by the acquisition of honours. And here it is that voluntary attendance and "It is not sufficient to establish a good voluntary examinations have their proper place. course or courses of instruction, or to provide To incite, however, to the contest for such well endowed and well selected professors to honours, and to the fulfilling of the conditions communicate it; the important point is to see on which they depend, there must be an inthat such advantages be not only acceptable ducement, contingent and remote perhaps, but

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still real, held out not merely in the course, education shown by skill in routine formalities but in the profession itself. As admission to instead of substantial knowledge and habitual the bar is the reward of passing through the industry. As they contemplate in the estaordinary course, so eligibility to certain higher blishment of a legal institution, the means not situations at the bar should be the prize for only of providing legal instruction, but also passing through the extraordinary. In this the arrangements by which it may effectually suggestion there is no deviation from principles be enforced, they necessarily look not to those to a certain degree at present recognised; eligi- portions of the academical system which have bility to certain offices is at this moment re- failed, but to those which have been successful. stricted to certain classes, and to certain con- Much, therefore, as they approve of the instiditions. There are many posts to which none tution of a series of lectureships on the prinare eligible but barristers of a certain number ciple and regulations already noticed, they canof years standing. Some of the most compe- not think they will have the efficiency which tent witnesses have already shown that such they ought to have unless preceded by a first test of qualification, though obviously meant to examination to qualify for admission to the be proof of competency, is often futile. It ad. Inns of Court, and a second on the termination mits, however, the principle: your committee of the period and courses prescribed, to qualify contend only for its efficient application. for admission to the bar. These examinations be voluntary: the extent and conditions of each should be obligatory, those for honours might should be determined by the highest authori ties in the institution."

These suggestions, it is right however to observe, do not appear to be supported by

some of the more eminent witnesses.

"From the evidence before your committee, "Lord Brougham, for instance, whilst he strongly insists on the importance of lectures, and the proceedings which have already taken (but provided only they be accompanied by existed some apprehension that this measure place on the subject, it would appear that there class instruction and frequent examination,) is not prepared to go to the length above stated. would, if attempted, be either opposed by the If it were a question of He would make attendance on lectures, but not profession, or fail. examination to prove whether they had been temporary only or local circumstance, it might profitably attended or not, the condition for be no more than prudence would dictate to headmission to the bar. He would insist on at-sitate and delay; but if this apprehension arises tendance on lectures on the part of the members of the Inns of Court, but not take any precaution to assure the lecturer or the society that the students, by sufficient amount of previously acquired knowledge, were in a position to take advantage of those lectures. He ob- The committee add, that there seems jects to an entrance examination still more than to be no reason why a Law College (for to a final examination; he considers it unne- it is in that light that the union of the Inns cessary, as not within the competence of the of Courts must be considered, or otherwise society. But the society at present imposes it will be necessary to look elsewhere for conditions for admission; and it is a question

from a permanent conviction of its inutility or
requires to be at once considered in reference
injury, it then affects the whole subject, and
itself.”
to the nature and object of the institution

only of how many or how few, of what or such a body) should be conducted on other of when. There is no reason for preferring principles than a College of Theology or a the condition of paying certain fees pre- College of Medicine; and so far from liminary to admission, to the condition of pass- deeming that such arrangements as those ing through certain examinations. This is the above noticed, would have the effect of imview which Lord Campbell takes. He holds posing unnecessary restrictions, many on that the Inns of Court have a right to impose the contrary consider it desirable that this such conditions; that such conditions are no infringement of inchoate or any other rights; discipline should be extended from the inand that when conditions are in question, intellectual to the moral regulation of the tellectual, in reference to an intellectual profes- institution, by the maintenance of a certain sion, ought to be preferred to any other. Nor surveillance over character and conduct, so are the attendants on these lectures of an age far as might be consistent with the reto exempt them from all necessary regulations ligious and civil liberty of the individual and the public.

to ensure attention. The value of the institution depends on the certainty that such attention has been paid, and that benefit has been derived from it. It is what every institution of education (be it what it may) should ever aim at; it is what the public, who desire to secure themselves from ill-qualified practitioners, naturally look for. Now all the evideuce before your committee goes to show the inefficiency of lectures merely voluntary, of courses unless tested by examination, of admission to classes or honours unless fairly won, of an

"The judges_naturally stand as the protectors, guides, and controllers of the profession; and the bench would thus appear to be pointed out by every circumstance as the proper authority to govern such an institution. It may be a matter of discussion how such authority should be exercised, whether as governors or as visitors, leaving to the benchers of the several inns, or a deputation or delegation from each, like the heads of houses in the universities,

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Legal Education.-Lawyers in Parliament.-Analytical Digest.

LAWYERS IN PARLIAMENT.

There are several M. P. lawyers at the Irish Bar, a list of which we shall be able to give in an early number.

Mr. Austey, of the English Equity Bar, has for the first time been returned for Youghal. We much regret to lose for the present the valuable services in parliament of Sir Fitzroy Kelly, Q. C., and Mr. W. H. Watson, Q. C. The representation of the Scottish Bar shall

ANALYTICAL DIGEST OF CASES,

REPORTED IN ALL THE COURTS.

the usual administrative rights and duties. The adopted by the colleges and the university on judges in England cease on arriving at the ser- one side, and by the Inns of Court in England jeantcy to be benchers, and are thus in a po- on the other." sition to execute with impartiality the supreme controlling and directing power. The statutes or bye-laws proposed by the benchers, and stamped with the fiat of the judges, could not but be received by the public and the profes- Or lawyers we may mention John Twezell sion with that respect so essential to the enforcement of all regulations, but especially of Wawn, M. P., for South Shields, who was eduthose which regard educational establishments. cated for the bar, though not actually called,— "It does not appear, from the witnesses ex- he has interested himself with the important amined on the question, that such arrange- and neglected subject of Mercantile Shipping ments can be carried out with the same facility and the Navigation Act, and the means (in in Ireland; at the same time there is nothing these times of expediency) to keep it in due which is likely to interpose serious difficulty. There, as here, it is admitted, that mere volun- vigour. tary associations for such purposes will not do; and without in any degree derogating from the credit due to the projector and principal of the Law Institute, it is too obvious that it laboured from its birth under the defects incidental to such associations, arising from precariousness, uncertainty, and want of efficient authority and control. An institution intended for the education of the profession ought to have its roots as deeply fixed, its regulations as universally recognised, its powers as unequivo cal and effective, as those of the profession also be duly regarded. itself. There, as here, as long as no insurmountable obstacle intervenes, the Inn of Court, which comprises the eminence and authority, and may be considered to represent the interests of bench and bar, ought to be adopted both by the profession and public, in preference to any new, certainly to any voluntary society. The King's Inn also has, in certain respects, an advantage over the English inns. It form a single body, and has not to consult the wishes of any other. But the King's Inn is likewise, it must be remembered, in an anomalous position; it enforces rules and regulations, raises fees, and prescribes conditions, not in reference to one branch of the profession only, but to both. Now under what warranty this has been and is still done, is subject to controversy, and attempts have been made and resisted to define and to assure it. It can hardly be expected, under such circumstances, that many difficulties should not arise to the formation and administration of any system, however in itself unexceptionable. The judges, too, by continuing benchers, are involved in all the real or supposed partialities of such a body, and cannot exercise in the same unquestioned and efficient manner, their authority in directing and controlling as they are enabled to do in England. But these objections are not irremovable. The proposition made and carried into effect at one period, by a royal charter incorporating the society, or an act of parliament determining and regulating the organization, powers, rights, and functions of the King's Inn, in reference to both branches of the profession, would go far to remedy these defects, and at the same time afford a favourable opportunity of combining with the new arrangements an effective system of legal education, in harmony with that

Common Law Courts.

LAW OF RAILWAYS.

ACTION BY PROMOTER.' B. were the registered promoters, under the Against provisional committee-man.—A, and stat. 7 & 8 Vict. c. 110, of a railway company. A provisional committee was afterwards formed, at a meeting of which A. was appointed secretary, and B. solicitor, to the company, and other persons a managing committee: Held, that A. could not, merely upon these facts, recover against an acting member of the managing committee for services afterwards performed by him as secretary. Wilson v. Viscount Curzon, 15 M. & W. 532.

See Partnership.

AGENT.

ALLOTTEE.

1. Committee-man.-Recovery of deposit.An allottee of shares in a railway scheme which has proved abortive, may recover back, in an action for money had and received, the whole amount paid by way of deposit. Walstabb v. Spottiswoode, 32 L. O. 180.

pany was provisionally registered, and a pro2. Recovering back deposit.-A railway comspectus was issued, which stated the proposed capital to be 2,000,000l., in 80,000 shares of 257. each. The plaintiff applied to the provisional committee for 70 shares, in a letter, whereby she undertook to accept the same or any less number that they might allot to her,