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CONTENTS OF VOL. XIV.
Law REFORM, AND SUGGESTED IMPROVE- New BilLS IN PARLIAMENT, NOT PASSED :
Arrest abolishing, 194, 233, 305, 402.
Advancing Equity Causes, 107, 377.
Electors, Parliainentary, 75, 190.
Law Offices Attendance, 64, 104, 168. Sinall Debt Courts, 108.
Chancery Causes, 19.
Chancery Reform, 281, 329, 346, 361.
Fees of Q. B. Treasury, abolished, 118.
Police Office attendance, 325.
Courts, reported by BARRISTES of 1 he
See Digested Index.
Costs of Prosecutions, 428.
See each Term.
CIRCUITS OF THE JUDGES, 80, 148.
Price of Reversionary Interest, 427.
Theobald's Poor Law Supplement, 447.
Tidd's Rew Practice, 123.
LAW OF ATTORNEYS :
Revoking Wills, 442.
Striking off Roll, 239.
Notes on EQUITY :
Adinission on going abroad, 299.
EXAMINATION OF ARTICLED CLERKS :
PRACTICAL POINTS AND LAW TRACTS :
Candidates' names, 158, 223.
Mother's Rights as to Children, 268.
98, 103, 111, 207, 222, 272, 290, 352.
LEGAL BIOGRAPHY :
Horse Race, 347.
Lord Coke, 464.
369, 405, 452. William the 4th as a Legislator, 121.
ProfessioNAL SOCIETIES :
Railway Company, Remedy against, 258.
Law Association for the benefit of Widows,
Smith's (Sidney) Chancery Practice, 18.
See end of Monthly Supple-
Che Legal Observer,
SATURDAY, MAY 6, 1837.
" Quod magis ad nos
Judges are over-paid, and if it can be PROSPECTS OF THE PROFESSION. shewn that they are under-worked, their
salaries, we admit, are too high ; but is
there any one who has seen all that a The commencement of a new volume of Judge of the Superior Courts has to go our work appears to us a good opportunity through in Term time or on Circuit- the for making some general remarks on the learning and talents he must possess-the present state of the Profession.
laborious life he must lead previous to his It has ever been our object to represent elevation—who can grudge him his pecuthe feelings of the whole body of its mem- niary reward ? It is true that, in very rare bers; we have taken our stand on the com- instances, the most judicious appointment mon interest, and have never taken up the is not made, the person selected does not cause of any branch or department against always answer expectation, and political the rest.
We do not profess to represent feeling cannot be altogether set aside—the any section of the profession. The Bench, great law officer of the day asserts his the Bar, and the general practitioner have official prerogative— the leading advocate, too many interests and feelings in common tried by his own great reputation, disnot to require mutual support; and we have appoints the public as a Judge; but with endeavoured SO far from widening any all these drawbacks, it would be difficult to breach between them to unite them still point to any body of public men so highly closer.
thought of,-so venerated as the Judges To support and promote the honour and of the Land.
respectability of the profession of the law The Bar is divided notoriously into two
has been our main object; but in labouring classes; the real, and the nominal barto do this, it must not be supposed that we rister. From the first, it is to be rememhave professional interests alone in view : bered, that the Bench must be chosen. it is for the common good—the Public in- How necessary then, if it were only for this terest, that their professional servants should reason, to preserve the integrity of this be above suspicion--should be properly re- branch of the profession-to keep its chamunerated-should fill an honourable sta- racter unsullied to invite into its ranks tion in society, and should possess ability of persons having the most eminent qualities the first order. It is no mere professional of head and of heart-to preserve its indepurpose which we have tried to serve, it is pendence--and by every possible means to in the general cause that we have laboured; insure its competence and respectability. and the state has, in our opinion, as much The second class, the nominal barrister, at stake in this question as the particular is composed of persons who have no settled body whose advantage we have more im- abiding place in the profession—who may or mediately espoused.
who may not know one word of law-who The necessity for upholding the Bench have other objects in view than to work their is universally admitted. We have indeed way quietly up to distinction— who are waitoccasionally heard some grumbling that the ing for their fortune, or jobbing for a place. VOL. XIV.NO, 396,
2 The Prospects of the Profession.-- On the Law of Marriage by Banns We confess we are for diminishing this think they are fairly entitled to some conlatter class, as it really injures the first sideration. Being of this opinion, we would class -- the working men-by taking away throwopen many smaller offices to this branch their fair remuneration. We are for in- of the profession, which we are well satisfied stituting a strict examination before any wants neither integrity nor ability. A great law-degree is conferred -- we are for in- deal of the country administration of justice creasing the real, and decreasing the no- might be well performed by this branch. minal barristers; and for putting an end to The bankruptcy business is already very a system in which he who has borne the much in their hands; and we see no reaheat and toil of the day too often sees the son, from our experience as to this, for not prize to which he is entitled carried off by placing the registration and the revision of some ignorant pretender, who is nominally votes under the Reform and Corporation entitled to take rank with himself. The Acts, with a certain superintendence, in smaller offices and places in the profession this department of the profession. We are now almost wholly filled up out of the are certainly for a more equal division of second class, greatly to the injury of the legal patronage than at present exists. fair rights of the profession and the public We shall, however, conclude these re
The general practitioner no longer labours marks by again impressing on our readers under the disadvantage of having no ex- the necessity of being united among ouramination. This preliminary step, which selves. Much may gradually be done for has recently been established, will in time the reform of every grievance, if we only free this branch of the profession from the stand together. Much has been done almere drones; and its good effect is already ready ;-but if we once begin to quarrel beginning to be felt, as well to masters as among ourselves, we shall no longer be to clerks. At the same time, it must be able to make head against our enemies, who admitted, that the solicitor and the attorney are sufficiently powerful and numerous :are at present not in so prosperous a state but the dignity of the Bench, the indepenas we should be glad to see them in. We dence of the Bar, and the integrity and
welfare of the Solicitor will fall together. a We believe the following to be a correct account of the present state of the receipts of the country attorney. We extract it from a ON THE LAW OF MARRIAGE BY little work just published, called Observa
BANNS. tions on the unprofitable state of Country Equity and Common Law Practice, 8c. “ It is a matter beyond dispute, that the profes- It was settled under the 26 G. 2, c. 33, sional receipts of country, attorneys very that the publication of banns must be in the inadequately correspond with the expenses proper names acquired by baptism or repuincurred in their education and admission, the tation, or the marriage would be invalid, responsibility attending their practice, their
even where there was no fraud. By the superior intelligence and activity, or the extensive influence they possess through the lat- 4 G. 4, c. 76, which repeals the former act, ter qualifications. With incomes inferior to it is enacted, that if any person knowingly those made by the middle class of tradesmen, and wilfully shall intermarry without the they are expected, nevertheless, to take a due publication of banns or license, the more elevated rank in society, and to live in a marriage shall be void; and it has been style requiring a larger expenditure. A prac: held by the Court of King's Bench, that tice yielding 3001. per annum, is not enjoyed in order to invalidate a marriage under this by one half of the members of the profession ; a business producing the double of that in- enactment it must be contracted by both come is not very frequently met with ; whilst parties with a knowledge that no due pubthe profits of few offices exceed 10001 a year. lication of the banns had taken place. I speak, of course, of the sums made by indi. This was an important rule, and it has viduals,- -a return of two, three, or four thou- been followed in the Ecclesiastical Courts. sand a year from one connexion, being gene- The first decision bearing on the point in rally, if not always, divided amongst many partners. With these slender means, provincial attorneys have to maintain the external children the advantages of their own position appearance of gentlemen, and to make a show in the world.” of easy circumstances. They have, moreover, a Rox v. Billinghurst, 3 M. & S. 250; and to bestow upon their families an education, see Rex v, Tibshelf, 1 B. & Ad. 190. and to place them in positions suitable to their b Rex v. Inhabitants of Wroxton, 4 B. & station, unless they can smother the natural | Adl. 610; and 7 L. (). 293; and see Allen v. and laudable desire of transmitting to their l'ond, 1 Bing. 8, N. C.