must not shut our eyes to what is passing around us. The consequences of a froward retention of old usages has been sufficiently shown in this Number; and we venture to assert that there is a strong impression on the public mind, and an expressed opinion by a considerable part of the profession, that a beneficial change may be made in shortening deeds.

There is surely, then, need for cautious but unbiassed inquiry as to whether there are any just grounds for this feeling. Let competent, experienced, and impartial men be directed to review our system of conveyancing, and report whether any alteration may be safely and properly made. If it be found that any further change is desirable, and it be thought moreover that the probable results of this change will be injurious to the profession, let it be seen whether it may not be accompanied by measures which will deprive it of this effect. Two of these at least occur to us which are well worthy of consideration. If a deed could be materially decreased in length by the proposed change, this surely would be, in the opinion of all, most desirable except on one consideration, that the remuneration for the deed is now measured by its length. But then it would be only fair and reasonable, if a great alteration as to length were introduced, that its length should cease to be the basis on which remuneration should be given, and that the skill, labour, and responsibility should be considered in awarding the proper remuneration. It would only be fair also to the profession, and would also tend to the interest of the public, that the law should, if necessary, be rendered more stringent as to the preparation of deeds and other documents by unprofessional and therefore unqualified persons. It is for the advantage of the community that all deeds and other formal instruments should be prepared by competent professional persons, and their rights which are purchased by large sums of money paid to the government, and by study and labour, should be amply protected.

All, however, that we now contend for is, that inquiry should be made. This inquiry is, as it appears to us, of quite as great importance to the interests of the profession as of the public. We are assuming that its results would materially shorten the length of deeds, and surely any thing

that shortens the labour of the lawyer would be for his benefit. We do not doubt, therefore, that this subject will receive the fair and candid consideration of the profession, and more particularly of that portion of the profession most qualified to judge of its merits— the conveyancers, and that very numerous body of solicitors who pay especial attention to conveyancing, who, from their education and practice, are little if at all inferior to many conveyancers.

As to the former class let us see what the Real Property Commissioners said:

--

"We are bound in a particular manner to express our obligation to those gentlemen of the Bar who confine themselves to the department of conveyancing, on whom the practical administration of the law of Real Property at the present day chiefly falls, and whose opinions and established practice have long formed and must continue to form one of the foundations of that part of the law. These gentlemen, with hardly an exception, have liberally communicated to us the fruits of their experience and observation. They have proved themselves to be free from prejudice and selfinterest, and have shown the utmost willingness to devote their time and thoughts to the public good. They have evinced a sincere desire to simplify and improve the law, to get rid of antiquated forms and fictions, and to render the transfer of real property more easy and less expensive. We derive considerable confidence from the reflection that we have the sanction of a large majority of this body for all the propositions which we have now to bring forward.”

This was written in 1829. It is quite as applicable to the year 1844. We believe that the conveyancers are perfectly willing, at the present day, to enter into the consideration of this important change. With respect to the solicitors we gladly cite a portion of the Second Real Property Report, in which we fully and unreservedly concur.

"In considering the various effects which the establishment of a register will produce, we have turned our attention to the nature of the present emoluments of solicitors. The emoluments of the solicitors who conduct the business of conveyancing depend, in a great measure, on the number and length of deeds and abstracts, and the multiplication of copies for all which they are very liberally paid. All these it is one of the objects, and of the probable results of a register to abridge. There is, however, a

considerable part of the duty of solicitors requiring much skill and care, and imposing great responsibility, for which they are at present very inadequately remunerated. We think it for the public 'good that solicitors should be liberally remunerated for their services. Considering the confidence reposed in them, and the intelligence and skill required from them, it is desirable they should be men of education and of honourable feelings, and should occupy a respectable station. In our opinion, it would be highly inexpedient that the rank which they hold in the country should be lowered. It will, therefore, be necessary to provide for the remuneration of solicitors in a different manner. Their fees for actual services should be higher than they are at present; and, perhaps, some mode of regulating those which now exist only with respect to costs and actions might be beneficially introduced. This subject requires great consideration and due attention to the suggestions which may be obtained from the leading members of that part of the profession."

We can only further say, that our own interests, as practising lawyers, would urge us to give full weight to these recommendations.

We must not close this article without briefly adverting to Mr. Wilson's able Pamphlet, which we have placed at its head. It proves sufficiently, if proof were wanting, that there is no unwillingness on the part of respectable solicitors to expose, with an unshrinking hand, the evils of the present system, or to employ large remedial measures. Without pledging ourselves to Mr. Wilson's plan, to which we shall return on a future occasion, we must, in justice, state that it demands full attention from the profession. Its main object is to save all trouble and expense in dealing with land where the title is unencumbered. We cannot now say more than that it has the advantage of being introduced in a style peculiarly elegant and captivating, showing at once the learning of the lawyer, and the feeling and good taste of the gentleman.

ART. XIII. - ON THE WRIT OF CERTIORARI IN CRIMINAL CASES.

The Practice of the Crown Side of the Court of Queen's Bench, with an Appendix containing the New Rules of Practice, a Collection of Practical Forms, Tables of Costs and Allowances, &c. By R. J. CORNER, Esq., Barristerat-Law, and Mr. A. B. CORNER, of the Crown Office, London. Benning and Co. 1844.

AMONG the questions, respecting which the Criminal Law Commissioners have lately sought to obtain the opinions of their legal brethren, is one of no trifling importance, which "regards the removal of criminal proceedings, by certiorari or otherwise, from one court to another;" and, in order to ascertain whether any amendments are required in this branch of the law, it will be necessary to give a brief sketch of the existing practice.

A certiorari, so far as regards the criminal law, is a writ, directed, in the Queen's name, to the judges of inferior courts, commanding them to return into the Court of Queen's Bench any indictment or presentment that has been, or, in the case of misdemeanors, other than prosecutions for non-repair of bridges or highways', that may be preferred before them against some specified person, in order that the cause may be determined by the supreme criminal tribunal of the land. 2

When, in consequence of the issuing of the writ, the indictment or presentment has been removed from the inferior court, the defendant must plead in the Court of Queen's Bench; after which issue is joined, and a record drawn up, which, if the case be a country one, may be taken down to the next assizes, either by the prosecutor or the defendant, and there entered at Nisi Prius among the

160 G. 3. c. 4. ss. 4. 10.

2 Bac. Abr. 9, 10.

list of causes: if, however, the proceedings be removed from the Central Criminal Court, or from the Middlesex or London Sessions, the cause will be tried in town, either at bar or at the sittings after term.

This writ, which is awarded during term by the Court of Queen's Bench, and in vacation by any one of the superior judges', may be demanded by the Attorney-General in all cases where the right of the Crown is in question, whether the application be made by him ostensibly on behalf of the prosecutor or defendant 2: in other cases, the court or judge will exercise a discretionary power. But prosecutors may always obtain the writ, whatever the nature of the indictment may be, provided they can show, on affidavit, some satisfactory reason for making the application.*

Defendants, however, are not entitled to equal privileges; since indictments for certain offences, such as for keeping disorderly houses 5, for obtaining money or goods by false pretences, or for not repairing bridges 7, in cases where the inhabitants of the county are charged with the repair, cannot be removed by them from the court where the bills were found. Independently of these offences, for the strange selection of which by the legislature it would be impossible to assign any sensible reason, defendants are placed on the same footing as prosecutors, excepting only that the latter, on obtaining the writ, are fettered by no terms, while the former, unless in custody for want of bail, must first enter into recognizances, in such sum, and with such sureties, as the court or judge shall order, to appear and plead in the Court of Queen's Bench, and, at their own costs, to cause the issue to be tried at the next assizes, if the proceedings be removed from some country court, or in the next term, or at the sittings after such term, or at such other time as the court shall appoint, in the event of its being a town cause;

1 5 & 6 W. 4. c. 33. s. 1.; and 1 & 2 Vict. c. 45. s. 1.

2 R. v. Clace, 4 Burr. 2458.

See R. v. Davies, 5 T. R. 626.; R. v. Justices of Cumberland, 6 T. R. 194., 3 B. & P. 354., S. C. in error; R. v. Boultbee, 4 A. & E. 198.; R. v. Allen, 15 East, 341.; R. v. Spencer, 9 A. & E. 485.

4 5 & 6 W. 4. c. 33. s. 1.

5 25 G. 2. c. 36. s. 11.

7 1 Ann. stat. 1. c. 18. s. 5.

6 7 & 8 G. 4. c. 29. s. 53.

8 R. v. Hamworth, 2 Stra. 900.