Review: Toulmin's Statutes and Orders relating to Practice and Pleadings in Chancery. 213

the original bill have thus been removed; perly omitted all the orders of a temporary but the Speaker is not limited in his choice nature, and (except in a few instances) the of a taxing officer: he may appoint a bar- orders relating to the suitors' funds, as rister, or an attorney, or an officer of the being of no practical utility. All the other house, or any one else. There is no doubt orders will be found in the appropriate that the right honourable gentleman will endeavour to make a good selection: we hope he will succeed, and that justice will be done both to client and solicitor.

NOTICES OF NEW BOOKS.

parts of the work; but such of them as as have been discharged expressly are placed in an appendix. It is observable, however, that, besides the orders so discharged nominatim, all other orders and parts of orders inconsistent with the orders of the 8th May, 1845, were discharged by the first order of that date. Such inconThe Statutes and Orders relating to Prac-sistent orders are included in the body of tice and Pleading in the High Court of the work, as the compiler was unwilling to Chancery, from 1813 to Easter Term, take upon himself the responsibility of 1847, classified according to the respective omitting any orders or parts of orders on proceedings in a suit; with a Time Table the ground of their coming within that and Notes. By SAMUEL SIMPSON TOULprovision. MIN, ESQ., of Gray's Inn, Barrister-atLaw. London: Sweet. 1847. Pp. 388, xxii.

This is a difficulty which the compilers of books of practice must unavoidably encounter, and we should have been glad if MR. TOULMIN observes in his preface, Mr. Toulmin would have endeavoured to by way of apology for the publication of a overcome it. We hope he will in a new It would collection of statutes and orders relating to edition make the attempt. Chancery practice, in addition to the works have been desirable, in making general already in existence, that the utility of the orders so extensive as those of May, 1845, present work consists in the arrangement, if the judges could have satisfactorily emby which all the modern enactments and bodied therein all the previous orders inregulations now in force are classified under tended to be retained, and thus have the separate heads to which they are ap- formed a code of practice, repealing all plicable; each class, where necessary, former orders. The time will come, we being divided into sections and subdi- trust, when the judges will direct some visions, so that all recent alterations affect- competent officers to prepare such a code; ing any particular point may be seen at and the present and other similar works one glance. will be of great service in the execution of the task.

This is an exceedingly useful method in a work on the practice of the court, for the saving of time, by readily finding whatever may be required, is of the greatest moment both to counsel and solicitors actively engaged in the midst of pressing business. The convenient arrangement which Mr. Toulmin has pursued was probably suggested to him during his practice as a solicitor, and which he now, on his call to the bar, successfully brings to bear in the present work.

The following is a summary of the contents of the volume:

1. General orders. 2. The judges of the 3. The officers of the court. 4. The court. records of the court. 5. Solicitors. 6. Parties 8. to the suit. 7. Informations and bills. Service of notices and other proceedings. 9. Subpoena. 10. Service of copy bill. 11. Contempts. 12. Pro confesso. 13. Appearance. 14. Traversing note. 15. Demurrers and Pleas. 16. Answers and exceptions for insufficiency. 18. Dismissal of The collection of statutes commences 17. Preliminary inquiries. 20. Evidence. 21. with the act 55 G. 3, c. 24, by which a Vice- bill. 19. Joining issue. Setting down and hearing causes. 22. Decrees Chancellor of England was appointed. The and orders. 23. Rehearings and appeals. statutes prior to that time are deemed by 24. Issue at law. 25. Proceedings in the Mr. Toulmin of little importance in his Master's office. - Reports and exceptions present work. The orders comprised thereto. 26. Motions and petitions. 27. Inwithin it commence in 1814. He considers junctions and proceedings in the nature of inthat the earlier orders are for the most junction, including stop order. 28. Receiver. part obsolete and inconsistent with the 29. Abatement and revivor. 30. Exceptions modern practice of the court, and he has therefore adverted to them only so far as necessary in the notes. He has also pro

for scandal and impertinence, and proceedings thereon. 31. Election to proceed at law or in equity. 32. Cross bill of discovery. 33. Time. 36. Transfer of equity 34. Costs. 35. Fees

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Forgery of a Writ by an Attorney.-Parliamentary Report on Legal Education.

jurisdictions to the Court of Chancery. 37. Expenses of draining settled estates. 38. The sale and purchase of lands for public undertakings. 39. Joint-stock companies.

The first Appendix contains statutes abolishing offices of the court. The second comprises orders discharged, superseded, suspended, or amended by other orders.

LEGAL EDUCATION REPORT.

ATTORNEYS AND SOLICITORS.

WE last week quoted from the report of the commissioners containing their conclusions with regard to Barristers, (see p. 188, ante.) We now proceed to the Solicitors. Under each head of the work Mr. The committee observe, that they have Toulmin has quoted the statutes chrono- been treated more as mechanical agents for logically, and then the orders either chro- carrying out the practical processes of the nologically or according to the usual pro- profession; and as the future chemist and ceedings in a suit; and whenever a section of apothecary is bound an apprentice, so is a statute or an order could be conveniently the future solicitor articled as a clerk, for divided, so much of it only is inserted as is the purpose of learning what has been too applicable to the particular subject, but in much considered in both cases as matter general the whole of each section or order of mere manual dexterity. Hence, whatis contained in some part of the book, and ever higher or more comprehensive inmay be found by referring to the Tables of struction he has been enabled to acquire, Statutes and Orders. Each section and he owes it almost exclusively to himself. order is given verbatim, except in some instances where an abstract was considered sufficient, or where a reference is given to another part of the work; and in all such cases the distinction is apparent, or is denoted by brackets, and is also pointed out in the Tables of Statutes and Orders; but formal recitals, &c., have generally been omitted.

The aid he has received from bench or bar amounts very nearly to nothing. Of late, these individual and isolated efforts have taken a more co-operative character, and societies have been founded and supported by the body itself, for the joint purpose of watching over conduct and providing education for this branch of the profession. To each of these particulars it will be necessary to advert more speci

FORGERY OR ALTERATION OF A WRIT fically.

BY AN ATTORNEY.

AN attorney has been committed for trial by the magistrates of Sheffield, upon a charge of having forged a writ.

a

Originally, the attorneys were required to belong to the Inns of Court, or the Inns of Chancery: There is a rule as late as the reign of Queen Anne,' requesting them to come to commons.' After that time the Inns apIt appears that the attorney had been in- pear to have made a number of regulations; structed in November last, by the trustees of whether the numbers entering for the bar benefit club, to issue a writ against a person who were too great, or what the cause of it was had failed to pay the money which he had bor- I am unable to say, but of late years, within rowed of the club. Before the writ had arrived, the last 40 or 50 years, a rule has been made the defaulter made arrangements for payment; at all the Inns of Court, prohibiting any genbut the attorney said that he had received the tleman studying for the bar, who is an attorwrit on the day following that on which the ney, or under articles of clerkship. Since arrangements were made, and he was conse- that time they have ceased to belong to those quently paid 25s. costs. When the sum was Inns, except for the purpose of holding champaid, he was required to deliver the original bers.' The Inns of Chancery are at present writ; and with some reluctance he handed over five: Clifford's Inn, New Inn, Clement's Inn, a writ in which several erasures were discern- Barnard's Inn, and Staple's Inn. Thavies ible. The writ was suspected to be a forgery, Inn and Furnival's are no longer societies, the and the attorney was afterwards apprehended. property is in the hands of individuals. A clerk of the Queen's Bench Office, Lon- The Inns of Chancery are now entirely under don, stated, at the last examination, that no the government of attorneys, though this præcipe for such a writ had been issued in No- does not appear to have been the original convember last; and he believed that the præcipe stitution of the society. Their funds are infor the writ produced in court had been issued considerable, not much more than sufficient to in January, 1846. pay the expenses of their establishments, derived principally from the rent of chambers: many of the chambers, it appears, have been purchased by individuals; the proceeds of such as remain in the hands of the society, with fees of admission, constitute their entire income. It is now quite clear how far the Inns of Chan→ cery had for object the communication of in

The prosecutors offered to abandon the proceedings, if the attorney would produce a letter from his London agent enclosing the writ, or otherwise show that he had really received it; but he was unable to offer any proof what

ever.

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could do, namely, copying. There is no attendance in university, college, or any other institution, nor any course of legal lectures, insisted on: his very attendance at the courts of law is merely in execution of duties of a purely formal nature imposed, nor is any for his own use, by the solicitor to whom he is apprenticed: so

struction, or the acquisition of legal knowledge. | own discretion; and therefore, unless he qualiThere have been occasional lectures at some of fies himself for that purpose, nothing will be the Inns of Chancery as well as at the Inns of put into his hands beyond what any person Court. The Inns of Court send to some of them a reader, who delivers, it appears, only one or two lectures, not to all of them, but to some of the minor inns only; but this is not intended for purposes of instruction, but merely in compliance with a matter of form, 'to enable the reader himself to be qualified in his progress to the bench. It evinces certainly, as similar that, without exaggeration, it may be stated, forms in the Inns of Court, traces of an earlier application of these inns, as well as the Inns of Court, to purposes of instruction; but the reality, if it ever existed to any extent, has long since passed away, and no instruction of any kind has been given for a great many years. The only use of these inns appears to be the continuance of commons and chambers, which latter, however, are not confined to attorneys, but may be held, in the quality of tenants at least, by strangers.

a

that, as far as any course of legal education is in question, the apprenticeship of the articled clerk is generally occupied in very little more than the learning and applying of technical terms, unless indeed by individual exertion he may qualify himself for duties of a higher order. Some sort of check has been sought to be put to this neglect by the enforcement of a final examination previous to, and as the condition for, admission to the profession; but this examination, either as to quantity or quality "As a substitute for this deficiency of in- of knowledge required, mode in which it is instruction in the Inns of Chancery, or rather as sisted on, or precision with which it is tested, a necessary accompaniment to all theoretic in- appears to be altogether inadequate to the struction, must be considered the knowledge purposes for which it is presumed it was deof the practical part of his profession (no doubt signed. Six months previous application would, of great importance,) which it is intended the in the opinion of Mr. Payne, be quite sufficient solicitor should acquire, through the system, to enable an ordinary student to pass. The and during the period of apprenticeship. This questions refer to forms and principles, though system, as now carried on, is analogous to that the former considerably predominate. The pursued by barristers when attending on con- examination is wholly written, and seldom lasts veyancers, special pleaders, and equity draughtsmen; with this difference, that in the case of the solicitor such course is compulsory by act of parliament, in order to qualify for admission to the profession; in the case of the barrister, though usual, altogether optional. The period required by the act to be spent under articles with the solicitor is five years. Previously to admission to the office no examination is necessary; no particular amount of knowledge of any description is required, it appears, by the bench or by the solicitor. The course of studies pursued in the office is en tirely left to the choice of the pupil; the principal may direct, but cannot in the least degree compel any course to be pursued. Indeed, it is a general complaint on the part of the articled clerks themselves, that very little attention is paid by the solicitor to the direction of their studies; in fact, it can scarely be expected from solicitors in any degree of practice; their time is so much occupied with the duties of their profession that they can scarcely take up the points which are requisite for looking after their education. There is no prescribed course of occupation during the day: the solicitor may perhaps direct a certain draft to be drawn, or a certain paper to be copied; and if there be nothing of that kind going on, the articled clerk is supposed to read. Even the drawing up of papers, which presupposes some share of intellectual exercise and application, is altogether casual; it very much depends upon the articled clerk himself; he is almost entirely left to his

* See Mr. Maugham's evidence.

for more than a day. There is no inquiry made from the candidate as to previous study, beyond the mere query, unattended with any consequences, of What books have you read, and what lectures have you attended?' nor is any notice taken of the more or less degree of application evinced during his apprenticeship.b So far, then, as the mass is concerned, no guarantee whatever exists for that competency which the public have a right to demand. Á certain number, no doubt, about one-tenth, endeavour to supply these deficiencies, by attendance at barristers' and conveyancers' chambers, for about one year of their apprenticeship; but as this exempts them from all duties to the solicitor, it must be with his consent, either stipulated for in the articles themselves, or obtained by subsequent arrangement. Solicitors, in general, act liberally in this particular, and this concession, if so it may be called, goes farther to secure to the pupil the acquisition of some sort of legal principles than any other part of their course. The profession, generally, have so felt these defects, that, with a very laudable zeal, seconded by much discretion and intelligence, they have endeavoured, under different forms, to provide, by individual exertion, a more efficient course of instruction for the young pupil; with this view, and especially in consequence of the rule made at all the Inns of Court, within the last 40 or 50 years, prohibiting any gentleman studying for the bar who is an attorney, or under articles of clerk-

See Mr. Bayne's evidence.

See Sir George Stephen's evidence.

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ship, in 1827, the Incorporated Law Society' order of proceedings is as follows: all candiwas founded by Mr. Bryan Holme, and many dates are examined each term in one day. They leading solicitors of the time. There was an begin at 10 o'clock in the morning, and each old law society, indeed, prior to this, the im- candidate receives a paper of questions on his mediate result of the exclusion from the Inns sitting down (the rules of court prescribing of Court just noticed, but they had no building written or printed papers, the examiners do not nor library till the establishment of the Incor- think themselves at liberty to put any questions porated Law Society of 1827, gave rise to both. vivá voce,) and is allowed till 4 o'clock to anThis society is governed by the body itself, swer them. These questions are in five departthat is, by 30 members of the society, periodi- ments. The candidate is required to answer in cally elected, called the council. The number three of them, two of which must be in comof members now amounts to 1,400, and the mon law and equity; he may select conveyannual increase is on an average from 50 to 60. ancing, bankruptcy, or criminal law for the The conditions are 157. on admission, and an third. There is no examination for honours. annual subscription by a town member of 21., The examiners do not conceive themselves and by a country member of 11. The prin- authorised under the act of parliament or rules cipal object of the society was the founda- of court to confer honours. The certificate of tion of a library, in which they have amply examination merely bears that the candidates succeeded; it was opened in 1831, and now passed are fit and capable of acting as atcontains 6,000 volumes, and is likely to in- torneys; the degree of fitness or capacity the crease rapidly, 400l. a year being applied to examiners do not consider themselves warthat purpose: the second was the establish- ranted to determine. The examination thus ment and maintenance of courses of legal serves merely as a guarantee against absolute lectures; under what conditions, and at what incompetency. It is merely a question whether rate of payment, is regulated by the society. the candidate shall pass or be postponed. In Three courses of lectures, each course compris- 1834 the candidates were considerable; in ing 12 lectures, commencing in the beginning 1837 the numbers passed were 424; the numof November, and terminating at the end of bers postponed 15; in 1945 the numbers exMarch, are annually delivered by the lecturers amined were not more than 318. The total appointed by the society, to which it would ap- numbers postponed for the last 10 years pear others are added, so as to augment the amount to 200. When these numbers are courses altogether to five. These courses em- compared with those attending upon the lecbrace most of the great departments of law; tures, it will be seen that a large portion of there is one on common law, another on con- the candidates can scarcely have availed veyancing, a third on equity, a fourth on bank- themselves even of that provision for instruc ruptcy, and a fifth on criminal law. There are tion. When the institution was first estathree lecturers, selected from the bar, and each blished, and these lectures instituted, the atreceives a salary of 100 guineas for a course of tendance amounted to about 300; they have 12 lectures. Fees are received by the society, now decreased to 200. The cause for decrease and out of these fees the lecturers and all the in both instances has been in some measure other necessary expenses are paid. The mem- accounted for by reference to extraneous causes, bers of the society have free admission, in right though, as far as regards decrease in the annual of their membership; there are, besides, about 200 articled clerks who are permitted to attend, and who pay 21. for the whole of these several courses, the public at large paying more. These lectures are not accompanied by any examination or class instruction, nor is attendance on them tested by certificate, or are they in any way obligatory. A final examination, indeed, takes place, (to which reference has already been made,) originally under a rule of court (in 1836,) and at present under act of parliament (7 Vict. c. 73,) passed 22nd Aug. 1843. Under this act the judges are directed to appoint examiners. A rule of court determines the number, nature, and order of proceedings. There are five examiners, of whom four are solicitors, selected by the judges from the council of the society, changing in rotation every year, and presided over by one of the Masters of the three superior courts, taking it in succession, one Master from each court. They are allowed fees, under the authority of the act of parliament, on the examinations, but the examiners take no fees themselves; they allow the fees to be applied to the purposes of the society, and give their services altogether gratuitously. The

admissions to the profession, the examination itself, by excluding a certain proportion of candidates, the totally unfit, may have also had its influence.d

"There are other institutions established for similar purposes, and of analogous constitution to the Incorporated Law Society, to be met with in other parts of England, to the number at least of 30, if not more. At the head of these, and as the model from which the other societies seem to have derived their regulations, may be placed the Manchester Law Society. These societies are altogether voluntary, and have originated from the zeal and exertions of a few respectable individuals. The Manchester Law Society appears to have originally been projected and constituted for purposes of a professional nature, for the preventing of improper practices, and watching over such legislative and other proceedings as might affect the profession and the public. The society later extended its views to educational objects. Many of the principal members thought it advisable to give lectures to the articled clerks, and dur

d See Mr. Maugham's evidence.

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ing the years 1844, 1845, and 1846, lectures | year he is occupied in merely copying; he acwere so given and are now continued. These quires a habit of drawing law forms; as he adlectures are usually furnished by the members vances, he goes through the details of the busiof the society, with the assistance of one or two ness, and he at last comes to be what is called barristers, who have been kind enough to an out-door apprentice, that is, doing court volunteer; they are wholly gratuitous. They business. This information is entirely technical; purport to embrace commercial law, the law of he has no opportunity of learning upon what evidence, conveyancing in every department, principles these technicalities are founded; it is criminal law, and legal and moral training, fit- not the habit of his master to lecture him, or ting the younger branches of the profession for to assist him in any way whatever. When he respectably supporting their position. A dozen becomes an out-door apprentice, he is employed are given each year. During the present, there in the daily business of the courts, attending have been, on the Law of Mortmain and Cha- motions and causes at trial, and filing pleadings, ritable Uses, which may be said to be a part of but with no farther aid in acquiring informa conveyancing, two; on the Law of Settlement, tion or practice than what may be furnished by four; on the Law of Mortgage, three; on the his own observation and industry. The operaLaw of Landlord and Tenant, one. They do tion of this want of instruction and control is not propose to follow out the same in continued forcibly depicted by Mr. Mahony. He states, courses, but to take up such subjects as are of that in his own person he experienced its inmore general or immediate interest, in detached jurious consequences, and has since seen similectures, unaccompanied by private class in- lar results in the character and conduct of struction, or special or general examination. others. I have no hesitation,' says he, "to The attendance is described to have been re- tell the committee, that when I was sworn in markably good. The members of the society, as an attorney, I was utterly ignorant; I spent chosen by ballot, amount at present to 200, my time idling, and it was not until the necescomprising nearly all the respectable solicitors sity arose for my devotion to my profession for in Manchester. The other societies apread my own interest, that I bgan to acquire knowover various parts, but especially the north of ledge.' There are many cases, however, in the kingdom, do not materially differ in con- which this late reform does not take place; stitution or object from this of Manchester, though inferior in the efficiency with which their arrangements are carried out.e

"The education, legal and general, of the solicitor is still more neglected in Ireland than in England. The opportunities presented are fewer, and less advantage taken of such as are found to exist. As in England, the system of apprenticeship prevails, with few even of the benefits derived from it in that country. The young apprentice, previously to his being articled, is obliged to state in his memorial at what school he has been educated, and what Latin and Greek works he has read. No further inquiry is made as to how he has read them, or what he has retained. If he has graduated in the university, his apprenticeship is indeed shortened to three years from five, (the usual period,) implying thereby the advantage of previous education, and offering a certain inducement to its acquisition, but implying it in rather an inconsistent manner, as if the period of apprenticeship were applied to such purpose, or indeed to any other than the familiarising the apprentice, lettered or unlettered, with mere technicalities.

"The young apprentice,' says Mr. Mahony, 'generally goes, if he can, or if his parents are able to afford it, to the first office; that office is full of business, and the heads of it have no time to give him instructions; and in fact they do not do it. The young man has an opportunity of doing business if he thinks fit, but it is entirely in his own hands; there is no system of instruction whatever. Even if he attends to his profession, his study is entirely limited to the technicalities and forms of law. In the first

* See Mr. Taylor's evidence.

many cases in which the idle apprentice becomes and continues the idle solicitor throughout life. I have had, for instance,' continues the same experienced witness, in my own office, from time to time, a great number of apprentices, and I do not think that, (with the exception of two or three at most,) any of them practised; they had the very best opportunities of learning their business there, all varieties of business, perhaps, but they never have practised; they have gone away completely ignorant, and since have changed their professions, and others are.in no profession at all.' To correct or remedy these defects, there is no examination; no certificates beyond the usual certificates of attendance at dinners for the specified number of terms in the English and Irish Inns of Court; no rewards, no honours. Nor does it appear that much opportunity is given or effort made on the part of the profession, or the apprentice himself, to supply these wants. The pupil seldom is seen to attend the lectures of the university, limited as they are, nor, as in England, a conveyancer's or barrister's office. It is true, indeed, some slight knowledge and mechanical quickness may be gained from the circumstance, that in Dublin, as Mr. Latouche states, conveyancing is generally prepared by the attorney: "The first drafts of the deeds are prepared in the solicitor's offices, and are sent to the counsel for revising; but this of itself is only another evidence of the gross neglect allowed to prevail. Questions of great nicety, reposing upon important principles, and those principles requiring great judgment and knowledge, and therefore great study and thought for their application, which in England are reserved, on this conviction, to the higher branch of the profession, who specially devote them