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Historical Sketches of the Profession: courts, solicitor, prortor, agent, or clerk, as (find men worthy of contempt they would aforesaid, saving always, to any person or soen make them soDegrade any portion of persons circumstanced as aforesaid, thie society and you will infallibly reduce its moral. benefit of any term or terms which he or miny to which it has been unjustly subjected.

character till it seems deserving of the ignethey may have kept in confomnity with the He had lived long in a part of the world (the orders of this society.

West Indies) which furnished a striking proof The effect consequently now is, that al- of this remark, and there was nothing more thought three years are sufficient to keep obvious in a contemptuous oppression than its the usual number of terms, an attorney corrupting effect on the minds of its unfor must cease to practise for five years before tunate victims. If this were so when the badge he can be called to the bar, unless he be of degradation was the colour of the skin or already a member of the society.

some other subject of public contempt which

the individuals derived from nature or some The reason for this prohibition, so far as other unavoidable cource, how much more the public interest is concerned, is not sa- when entering into the degraded caste were tisfactorily established. It is supposed matter not of necessity but choice. Men would that the attorney who is accustomed to not choose an employment proseribed as dishold immediate intercourse with the suitors, honourable, unless their moral character were would carry with him too much of their already corrupted. Were we propared then at personal feeling to fit him for the position justice, and to say that its ministers should

once to maintain the purity of our courts of of a barrister, and secure the confidence of hereafter be men so low in moral and honorary the court.

sentiments as to choose an ignominious emThe admirable address which was made ployment? To select the popular and open to the House of Commons by Master Ste- profession of the bar as the only

, subject of this phen on the 23rd March, in the year 1810, degrading disfranchisement of a portion of the when one of the Inns of Court attempted and strange. That profession was in a pre

commons of England was peculiarly improper to exclude all persons who had ever re- eminent manner the patrimony of the people at ported in or written for the public press, large, and to it indeed they owed, more than to may with slight alteration be applied to their parliaments, that general equality of rights attorneys and solicitors.

and exemption from all arietocratical oppres

sion, which it was their distinguishing happiHe said, that to fix a stigma on any class ness to possess. The courts of law, by their of men, and degrade them below their fellow liberality, had abolished that distinction of subjects by exclusion from a common privilege, castes which in the times- of villenage degraded was the surest way to make them disaffected to a great majority of our ancestors, and exthe state, such at least must be the case when cluded them from liberal professions. It was the ground of exclusion was an impeachment a blessing which the people of England owed of their moral or honorary character. But if to their lawyers, and it was singular that a desuch oppression was to be introduced in this parture from the principle of constitutional land of freedom and equality, at least we should equality should in these days begin in the same take care not to select as the victims of it, a set profession. He could not help suspecting in. of men who had so much power to do good or this regulation a latent principle of aristoharm in their hands as the attorneys and solici- cratical pride and contempt for poverty; And tors. Against their united and systematic hos- if poverty or humility of origin were to become tility, the due administration of justice could reproachful in the Inns of Court, many a proud not be conducted. To sanction an innovation escutcheon which now ornamented their walls therefore that would tend to raise an esprit de must be taken down! In other professions, as corps among them universally, would be to ag- fortune might facilitate preferment, but at the

the church or army, hereditary claims on gravate greatly the difficulty of domestic go- bar, a profession which was a much more frevernment. As a friend to the tion of justice, he deprecated such a precedent, quent road to rank and fortune, no such exfor the courts of justice would soon become

trinsic advantages were of any avail. On the dangerous and obnoxious if they were to fall contrary, it was proverbial that a necessity into the bands of degraded practitioners. It arising from poverty in the early part of life terferance of parliament justifiable, if the perse-able fruit of our happy constitution, that every was in this view chiefly that he thought the in- was almost the only source of splendid success verance of the benchers should make it necessary. It was not a private or particular case to path of honourable ambition was open to talent be redressed by appeal to the judges, but a case in the law especially the strongest examples of

and industry without distinction of ranks, but of general and public mischief, fit for the pre- the happy effects of this equality were to be siding wisdom of parliament as the guardian of the public weal to notice and correct.

found. garded such, stigmas on a particular class or

The exclusion of attorneys from the Inns caste of men in any society, as cruel and mis- of Court will soon be discussed as a ques chievous in another view, for if they did not tion of public expediency.

He re

New Statutes.Metropolitan an/ Provincial Association.

437 NEW STATUTES EFFECTING ALTERA-13 & 4 Vict. c. 89, intituled " An Act to exempt TIONS IN THE LAW.

until the 31st day of December, 1841, Inhabit

ants of Parishes, Townships, and Villages from COPYHOLD COMMISSION.

Liability to be rated as such in respect of Stock 10 & 11 VICT. C. 101.

in Trade or other Property to the Relief of the

Poor:" And whereas the said act hath been. An Act to continue the Copyhold Commission since continued by sundry acts until the 1st

until the First Day of October One thousand day of October in the year 1847, and, if pareight hundred and fifty, and to the end of liament be then sitting, to the end of the then then next session of parliament. [22nd July, session of parliament, and it is expedient that 1847.]

the said act be further continued : Be it enacted 1. 48. 5 Vict. c. 35. Copyhold commission by the Queen's most excellent Majesty, by and to continue till 1st October, 1850.- Whereas by with the advice and consent of the Lords an act passed in the 5 & 6 Vict. c. 35, intituled spiritual and temporal, and Commons, in this “ An Act for the Commutation of certain Ma- present parliament assembled, and by the aunorial Rights in respect of Lands of Copyhold thority of the same, That the first mentioned and Customary Tenure, and in respect of other act shall continue in force until the 1st day of Lands subject to such Rights, and for facilitat- October in the year 1848, and to the end of the ing the Enfranchisement of such Lands, and then next session of parliament. for the Improvement of such 'Tenure,” it was

2. Act may be amended, &c.--And be it enamong other things enacted, that no commis- acted, That this act may be amended or re sioner or assistant commissioner, secretary, as- pealed by any act to be passed in this session of sistant secretary, or other officer or person ap.

parliament. pointed under the said act, should hold his office for a longer period than five years next METROPOLITAN AND PROVINCIAL after the day of the passing of the said act, and thenceforth until the end of the then next session

LAW ASSOCIATION. of parliament : And whereas the said act was amended and explained by an act passed in the The committee of this association, as 7th year of the reign of her Majesty, and by an our readers are aware, circulated in the act passed in the 8th year of the reign of her month of May last, an Address to the At Majesty: And whereas the said commission was further continued by an act passed in the last torneys and Solicitors both in town and session of parliament; and it is expedient that country: pointing out the occasion which the same be further continued : Be it enacted gave rise to the association, and the objects by the Queen's most excellent Majesty, by and proposed to be effected as well for the bewith the advice and consent of the Lords nefit of the public as the profession. spiritual and temporal, and Commons, in this Amidst the multitude of prospectuses and present parliament assembled, and by the au- circulars which the penny-postage has crethority of the same, That every commissioner ated, there was reason to apprehend that or assistant commissioner, secretary, assistant secretary, or other officer or person appointed this legal Manifesto had not secured the or to be appointed for the purposes of the said attention of many whose interests are commission, shall be empowered (unless he deeply involved in the success of the associshall sooner resign or be removed) to hold his ation. Considered in reference to the exoffice, and so much of the first-recited act as tensive nature of professional grievances, authorizes any such appointment shall be con- the address was by no means too elaborate; tinued, until the 1st day of October, in the year yet probably it did not at first receive a 1850, and to the end of the then next session of parliament.

very attentive perusal from those whose 3. Act may be amended, &c.—And be it en- time is engrossed in professional duties; the acted, that this act may be amended or repealed committee therefore deemed it expedient by any act to be passed in this session of par- to issue a more condensed statement, to liament.

which they invited the earnest attention of

every attorney and solicitor throughout the RATING STOCK IN TRADE.

kingdom. 10 & 11 Vict. c. 77.

Although this second appeal has, we An Act to continue until the 1st day of Octo- understand, been very numerously re

ber, One thousand eight hundred and forty- sponded to, we would venture most eareight, and to the End of the then next Ses- Destly to press upon the consideration of sion of Parliament, the Exemption of Inha- those who have not yet sent in their adbitants of Parishes, Townships, and Villages hesion, to lose no time in so doing, if they from Liability to be rated as such in respect of Stock in 'Trade or other Property to the deem the protection of their just rights and Relief of the Poor. [22nd July, 1847.]

the improved administration of justice to be 1. 3 8. 4 Vict. c. 89. Recited act further objects of sufficient importance to deserve continued.- Whereas an act was passed in the their support.

438 Law of Marriage.- Improvements in Legal Architecture.- Superior Courts : Rolls.

We know how difficult it is to arouse the munications so addressed to them should be members of the profession to a due appre-confined as far as possible to information re ciation of their personal interests; and we garding the facts which may have a bearing on shall be excused therefore for reiterating the number of marriages within the prohibited

the subject of their inquiry: especially as to our exhortations towards a greater degree degrees of affinity, in the districts in regard to of zeal than has hitherto prevailed. which the writer possesses information; and

within what particular degrees : in what classes PROPOSED ALTERATIONS IN THE and whether the number of such marriages has

of society such marriages are chiefly contracted : LAW OF MARRIAGE.

diminished or increased since the passing of

Lord Lyndhurst's Act in 1835. CHANGES in the law are produced from va

(Signed,) HERMAN MERIVALE, rious causes : sometimes from a love of change,

Secretary to the Commission. unguided by experience or prudence, with little motive beyond restlessness, vanity, or pride ; at change in the next or an early number.-Ed]

(We shall state the reasons for the proposed other times in the hope that change, whilst it displaces many, will find room for some who seek for preferment to which neither their in- IMPROVEMENTS IN LEGAL dustry nor attainments entitle them. Other

ARCHITECTURE. changes arise from a sense of injury-a depriyation of freedom of action.

This is the time for the assertion of whatever We are glad to observe, that during the is right, and the “putting down" of whatever present long vacation some material prois wrong. But the claimants and the opponents gress will be made in the improvement of must prepare themselves for a stout conflict. our legal edifices. In the Temple, the re

Amongst other projected alterations in the mainder of Paper Buildings and the lowlaw, our readers will recollect that a royal built offices at the foot of King's Bench commission was issued on the 28th June last, to inquire into the state of the law relating to Walk, will be removed. A terrace will be marriages in the Queen's dominions and in constructed, throwing open an extended foreign countries. It is fit that before any fur- view of the Thames, and a new building ther alteration takes place in this essential part erected towards the river front. of our domestic jurisprudence due inquiries Whilst these measures are in progress should be made into the effect of the present in the Inns of Court, the Incorporated Sostate of the law, and we are glad to find that solicitors so able and respectable as Messrs. ciety of Attorneys is preparing to extend Crowder & Maynard are engaged in collecting their Hall and Library in Chancery Lane. the facts and circumstances which are essential Some years ago two houses were purchased to elucidate the subject and enable the legislature on the north of the portico, and very to come to a conclusion at once just and expe- recently an additional purchase was made dient, as well towards the community as on the south side. Two wings are to be conindividuals.

structed of corresponding dimensions :eliciting information from parties interested the building will thus be greatly improved except under the seal of confidence, on account in its exterior appearance, and the adof the extreme delicacy of the position in which ditional space will be appropriated to ensuch parties are placed, inquiry was made by large the library and offices of business, the solicitors whether communications would rendered necessary by the examination be received confidentially, where parties re- and registration of attorneys. quired it, and the secretary to the commission

The most important of all the Law Buildreturned the following answer, dated the 13th ings will be the Public Record Office on July :

"I am authorised by the commissioners for the Rolls' Estate,-preparations for which inquiring into the state and operation of the we hope to see ere long, law of marriage to inform you, that communi. cations made to them shall be received by them "RECENT DECISIONS. IN THE SUPEconfidentially, according to your suggestion,

RIOR COURTS. wherever the parties making such communications desire it. I have also to request that

REPORTED BY BARRISTERS OF THE SEVERAL such communications be made in writing, and addressed to me as 'Secretary to the Law of Marriage Commission,' under cover to the

Kolls Court. • Secretary of State for the Home Department, The Merchant Tailors' Company. August 2nd, Whitehall.' I am desired by the commissioners to add their suggestion, that the com

1847.

2 & 3 VICT. C. cvii.-COST8.-INVESTMENT. • See p. 291, ante.

The circumstance of a party having made

COURTS.

Superior Courts : Rolls.- Vice-Chancellor.

439 three applications for the investment in who should be living at the time of the deland of different portions of the purchase ceuse of his niece" therein named : Held, money of lands taken under an act of par- that one of the female next of kin who at liament, is not sufficient to induce the court the date of the will fully answered the deto refuse him the costs of a fourth applica- scription, but who had afterwards changed tion to invest the residue in the funds.

her name by marriage, was entitled to a This was a petition for the investment in

share of the property. consols of a sum of 5371., the remainder of a

Mr. CRUMP, by his will dated May, 1794, sum of 5,000l. paid into court for land taken after making several bequests, gave a legacy of under the 2 & 3 Vict. c. crii., the London 5,0001. to his piece S. Price; the will then Bridge Approaches Act. The only question live to attain the age of twenty one years, of

proceeded,—“And in case my niece shall not raised was with respect to the costs of the application. The act enables the court to order marry, and shall die without leaving lawful the payment of all costs, charges, and expenses issue of her body living at her decease, or if of the investment of the purchase money in living, if all such issue shall die before attainreal or government securities, and the reinvest- ing twenty-one years, if sons, at the like age, ment of the same, or the securities purchased or marriage, if daughters, then my will is, and therewith, in the purchase of other heredita- I hereby direct, that four equal fifth parts of ments, with the necessary costs, charges, and the said last-mentioned trust funds or securities expenses of obtaining all proper orders and all shall belong to, and be divisible and divided other proceedings for such purposes, except among, my next of kin of the surname of such as may be occasioned by litigation be- Crump who shall be living at the time of the tween the claimants. The opposition to the decease of my said niece, if then leaving no payment of the petitioners' costs was rested issue living as aforesaid, or if leaving issue then upon the circumstance of their having pre- living, at the time of the decease of the survive viously obtained the costs of three petitions for ing or only child, if dying before attaining the the investment of other portions of the same age of twenty-one years, or marriage, in like fund in land. It was said to be unreasonable manner as if my said next of kin had become that the petitioners, who might have had this entitled thereto under the Statute of Distribusmall balance paid out to them upon their last tions of Intestates' Personal Estates.” All the petition, and invested it as they pleased, should residue of the testator's personal property was now ask for the costs of a new petition to pro- made to the Master to ascertain who answered

left to his brother. A reference had been cure its investment. Mr. Lewis for the petition.

the description of next of kin under the above Mr. Randall contrà.

clause in the will, and he by his report had exLord Langdale said, that the corporation of cluded a Mrs. Carpenter, the wife of the plainLondon had an act which gave them the power

tiff, whose maiden name at the time of the date of taking the property of other persons, under of the will was Crump, on the ground that she certain conditions for making them. compensa. To this report exceptions were taken, and the

had changed her name and forfeited her right. tion. It was thought right that the persons whose land was taken under the powers of the question now came on for the decision of the act should have the option of reinvesting it in

court. land, and be paid all their costs. He had be.

Mr. J. Parker and Mr. J. Adams, for the fore said in similar cases, that if a right of this plaintiff, contended, the description of nature was vexatiously exercised, he should re- person to take was clearly pointed out by the fuse to give the party guilty of such vexatious testator, and that the mere change of name was conduct his costs. But then circumstances

not material, relying on the case of Pyot v. must be specially brought forward to show Pyot, 1 Ves. sen. 335, before Lord Hardwicke. such conduct. The mere circumstance that a

Mr. Bethell and Mr. Tripp, contrà, cited party had made several distinct applications for Leigh v. Leigh, 15 Ves. 92 ; and Doe v. the investment of the purchase money, did not Plumptre, 3 Barn. & Ald. 474. in his opinion amount to it

. It was impossible. that in order to give the party a title to the

The Vice-Chancellor said, it appeared to him with a due regard to the interests of the party to whom compensation was to be made, to legacy she must have all the qualities taken toJimit him to any particular number of appli- gether, and not separately, and must not take cations.

by reason of being next of kin only. In the case of Pygot v. Pygot, Lord Hardwicke held,

that all other requisites being answered, a Vice-Chancellor of England.

change of name by marriage did not exclude,

and the only question here was, whether the Carpenter v. Bott. June 30th, 1847.

extraordinary expression “ of the surname of

Crump." was to be taken as equivalent to what CONSTRUCTION OF

Lord Hardwicke considered to be the rule in that case, and his opinion was, that the case

did fall within the rule there laid down, and Where a testator by will gave certain trust that consequently the plaintiff was entitled to

funds and securities to be divided between the legacy. his next of kin " of the surname of Crump

OP

WILL CHANGE
NAME.NEXT OP KIN.

PROMISSORY NOTE.INDORSEMENT.

440

Superior Courts : V. C. Knight Bruce.--Queen's Bench.
Vice-Chancellor knight Bruce. subject of legislation, the statute proceeds to

delare, that “with the intent to encourage Clarke v. Clarke. March 10th, 1847.

trade and commerce, which will be much adTAKING BILL PRO CONFESSO UNDER 77THvanced if such notes shall have the effect of in

AND 78TH ORDER OF MAY, 1845. land bills of exchange;" and then it enacts, Where a defendant who had appeared but did

that all notes in writing that shall be made not answer, and could not be found, the bill and signed by any person, &c., whereby such was taken pro confesso.

person, &c., doth or shall promise to pay to Shebbeare moved that the bill be taken pro shall be capable of being enforced like bills of

other

any person, &c., any sum of money," confesso against a defendant who had appeared exchange. It is plain upon all the parts of this on the 29th of June, 1846, but had not since statute the recital of the evil, the declaration put in his answer. At the time of his appear of the necessity for a remedy, and the enactance he was residing at Fladong's Hotel, in ment itself-that the intention of the legislature Oxford Street, but he was not there and could was wholly confined to those notes by which not be heard of elsewhere. On the 4th of the maker promises to pay to some other perFebruary, an attachment was issued against him for want of an answer, and on the 22nd of and that a promise to pay to his own order

son the sum of money specified in the note, February notice of this motion was served upon the solicitor who had before acted for It is therefore not one in respect of which an

was not one which the legislature contemplated. him. The Vice-Chancellor directed the bill to be action depends exclusively on that statute, (per

action can be maintained, for as the right of taken pro confesso on the second cause

day in Lord Tenterden, in De la Chaumette v. The Easter Term, but the order was to be without Bank of England,a) the case in which its proprejudice to any application the defendant visions can be appealed to must be one which might make in the meantime.

strictly falls within them.

Mr. Montagu Chambers and Mr. Wordsworth Queen's Bench.

showed cause.

This note is in itself a nego

ciable instrument. The statute of Anne did (Before the Four Judges.)

not invest such instruments with negociability, Wood v. Mytton. 12th June, 1847. for that they possessed by the custom of mer

chants, but extended to the holders of instru

ments that by the custom of merchants were A. made a note in the form of a promissory negociable the means of suing upon them at

note, payable to his own order; he indorsed law. If, therefore, this note is in itself a neit to B. Held, that A. might be sued upon gociable instrument, this action is maintainable. this as a promissory note on which he was But besides this, it is submitted, that under legally liable under the statute 3 & 4 Anne, the very terms of the enacting part of the c. 9.

statute this is a note on which an action may This was an action on a promissory note be maintained. The words of the act, no made by the defendant for the sum of '6001.. doubt, are, doth promise to pay to any other payable to the order of himself four months person or persons, body politic and corporate, after date. The plaintiff was the indorsee of his her or their order;" but having exhausted the note. The cause was tried at the sittings this class of notes, the act then goes on "or after Trinity Term, 1846, when the defence set unto bearer.” This is the description of a new up was, that this and other notes had been ob-class of notes, and the section may be read tained from the defendant by fraud, but the thus," doth promise to pay unto bearer.” evidence being deemed insufficient to support Here the maker does promise to pay unto this defence, a verdict was given for the plain- bearer, for the person in whose favour he makes tiff in the Michaelmas Term following.

the order is in other words the bearer of the Mr. Serjeant Shee applied for a rule to arrest note. It is in fact a note payable to bearer, the judgment. The right to maintain an which is a description of note expressly menaction upon promissory notes depends entirely tioned in the first part of the enactment. But upon the statute of Anne, (3 & 4 Anne, c. 9); a later part of the section enacts, that " any and unless a note is in the form recognised by person or persons to whom such note that is that statute, it cannot be treated as an instru- payable to any person or persons, his, ber, or ment enforceable at law. That statute recites, their orders is indorsed, or the money therein that "it hath been held that notes in writing, mentioned ordered to be paid by indorsement signed by the party who makes the same, thereon, and shall maintain an action.” Here whereby such party promises to pay unto any the note has been indorsed by the defendant. other person, or his order, any sum of money That indorsement is a designation of the pertherein mentioned, are not assignable, &c., son to whom under the order of the defendant "and that such person to whom the sum of the note is to be payable, so that if doubtful money mentioned in such note is payable can-before, the doubt is now at an: end, and the not maintain an action by the custom of mer- plaintiff is entitled to recover under the very chants against the person who first made and words of the statute in virtue of this indorsesigned the same. Having thus described the particular sort of notes intended to be made the

a 9 B. & Cr. 208.

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