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The ILegal Observer, DIGEST, AND JOURNAL OF JURISPRUDENCE.
SATURDAY, AUGUST 14, 1847.
" Quod magis ad nos
REPRESENTATION OF THE PRO- ! Il new members of the bar, and 7 solici
FESSION IN THE NEW PAR- tors. This number includes several who LIAMENT.
are not now in practice, and a few who
may be considered as only honorary The first session of the new parliament members. Indeed, there are not more will doubtless be an important one to all than twenty whose names are familiar to classes of the community. It will be pe- the echoes of Westminster Hall, although culiarly so to the legal profession. The many others are sufficiently distinguished facts already elicited by the committee on as law or political reformers. No doubt the fees of courts of law and equity, the all our representatives are bound to attend enormous Taxes on the administration of to the general interests of the community, Justice, and the exceedingly objectionable but those interests being duly provided for, mode in which they are levied, will call for the lawyer is, we think, bound to care for a revival of the committee, and ultimately the welfare and improvement of the laws for the redress of that prominent grievance, and of his brethren who practically carry both to the suitor and the practitioner. them into effect, and without whose inThe results of the elaborate inquiry into tegrity and intelligence, vain would it be the state of legal Education will also attract to exercise their legislative functions. peculiar attention. The defective mode in Our “ learned and honourable friends' which Legislation is conducted, especially who have so far attained the object of their as it regards the alterations of the law, ambition, will be induced, we trust, to must be considered, and some remedy at seize the earliest opportunity of considering least attempted. The state of the Profes- some of the important topics affecting the sion in both its branches;- the anomalies in best interests, not of their branch only, the mode of calling to the bar, and the but of the whole profession, and with it government of the Inns of Court;— with the the due and efficient administration of complaints so justly and powerfully urged justice. by the great body of Attorneys and Solici- It has again and again been seriously tors, cannot fail at an early period to de- urged that the successful lawyers in parmand consideration.
liament are apt to disregard the interests It may not, therefore, be inappropriate of the profession. They seem to think thus early to look at the result of the pre- that if they rose “in their place in parliasent general election, and to address a few ment” and defended the honour and chawords to those who liave been returned to racter of the profession, they would be unparliament, and will have the peculiar duty favourably heard, and that if they vindiof considering the subjects to which we cated the solicitors, they would commit a have referred.
breach of the etiquette of the bar, which The members of both branches of the forbids an advocate from conciliating the profession already elected are in number good will of his clients! Perhaps a solitary about 43, viz. :-25 barristers, re-elected, individual might feel some delicacy on the
Vol. XXXIV, No. 1,014.
Representation of the Profession in the New Parliament. subject, but twenty men in the first rank of ence of these projected laws to men learned the bar surely could not lie open to any in the particular subjects to which they improper suspicion of fee-seeking. related, and capable of judging of the
The complaint, however, of parliamen- probable operation and consequences of the tary negligence comes as loudly from the alterations proposed. general body of the bar as from the at- It is surely the duty, and we are pertorneys and solicitors. It is alleged that suaded that it is also the interest, of the successful advocates enter the senate for higher branch of the profession to exert the purpose of promoting their own per- themselves for the general good of the sonal aggrandizement, or that of the in- whole. They should not wait till they are fluential members of the bar, and that they called upon, but enter at once heartily into are equally regardless of the schemes the performance of their honourable vocawhich injure the profession without bene. tion. They should not hesitate, whenever fiting the public, as of measures which an occasion may arise, to vindicate every might promote professional, whilst they rank of the profession, and claim for their also advanced the public, interests. brethren the honourable position to which
For several years past, during the pro- they are entitled. We hope the time has gress of the numerous projects for the re- arrived when a better state of things may form, or alteration, or amendment of the be expected, and that all branches of the law, it would have been of great public and profession will concur in removing the improfessional advantage, if our legal repre- pediments which interrupt the course of sentatives in parliament had investigated justice, and place its professors in their individually and collectively the devices true position before the public. which session by session have been so We shall resume and enlarge upon some recklessly introduced :—many of them of these topics, and in the meantime subwould then have been rejected altogether; join the list of lawyers in parliament, corothers remodelled and amended ;—and thus rected according to the latest information. the disgrace of endless acts "to amend It is unnecessary to repeat the names of acts” would have been avoided. The those who have been unfortunate in the knowledge, experience, and learning of the recent contests, but hope the time may bar ought either to take the lead in, or to soon arrive when we may record their accontrol, every proposed amendment of the cession to the rolls of parliament. law. Holding the position of leading advocates in all the superior courts,-formi
1st. Members of the bar, re-elected for the dable even in number,—and deservedly new parliament: possessed of great weight, they might have Aglionby, H. A., Cockermouth. overruled all obnoxious plans, even when Bernal, R., Rochester. supported by the influence of the strongest
Buller, C., Q. C., (Judge Advocate,) Lis
Cabbell, B. B., Boston.
Cardwell, E., Liverpool.
Christie, W. D., Weymouth. nistration of justice,-to the making of Cripps, William, Cirencester. wise laws, and their due execution. The Dundas, Sir D., S. G., Sutherlandshire. power of the bar in parliament would be Ewart, Wm., Dumfries. irresistible in the support of just, and the
Godson, R., Q. C., Kidderminster. overthrow of pernicious, measures.
Greene, T., Lancaster. how few have ever thought, for a moment, North Northumberland.
Grey, Right Hon. Sir G., (Home Secretary,) that it was their duty to watch the fatal
Hayter, W. G., Q. C., Wells. progress of that system of dangerous and
Hogg, Sir J. W., Bart., Honiton. crude legislation, which for so many years Inglis, Sir R. H., Oxford University. has disgraced the statute book,-- by which, Jervis, Sir J., Knt., A. G., Chester, for the most part, the remedies in courts
Law, Hon. C. E., Q. C., Cambridge Uniof justice bave been rendered more dif- versity. ficult,- to the great perplexity and incon
Lefevre, Right Hon. G. S., Hampshire.
Nicholl, Dr., Cardiff, SPAIvenience of the practitioners, and the ulti
Romilly, John, Q. C., Devonport. mate injury of the suitors !
Stuart, J., Q. C., Newark. The foremost men of the bar, supported Talfourd, T. N., Q. S., Reading. by their brethren at large, and assisted by Tancred, H. W., Q. C., Banbury. the intelligence and practical experience of
Thesiger, Sir F., Knt., Q. C., Abingdon. solicitors, should have demanded a refer- Walpole, S. H., Q. C., Midhurst.
Lawyers in the New Parliament.--Arrangement of Business on the Circuits. 363 2nd. Barristers not before in parliament, now on which their forensic laurels were won, returned :
to start in a new field, where victory is Baines, M. T., Q.C., Northern Circuit, Hull. sometimes followed by consequences more Brockman, E. D., Recorder of Folkstone, disastrous than defeat. The vacancies in Hythe.
the ranks of counsel, it must be admitted, Cockburn, A. E., Q. C., Western Circuit, might have been speedily filled up; but Southampton.
those to whom the laborious duty of Evans, John, Q. C., Harerfordwest Headlam, T. E., Equity Bar, Newcastle.
“ getting up” the evidence in circuit Hildyard, R. C., Q. Č., Northern Circuit, cases is necessarily entrusted, were also Whitehaven.
engaged in electioneering pursuits, if not Jervis, J. J., Equity Bar, Horsham. as candidates, either as agents or partisans.
Martin, Samuel, Q. C., Northern Circuit, It was felt that the preparations for an Pontefract. Palmer, R., Equity Bar, Plymouth.
election contest, whilst they demanded unTurner, Geo., Q. C., Equity Bar, Coventry.
divided attention, did not admit of postWhateley, W., Q. C., South Shields. ponement or delay, though the trial of dis3rd. The Solicitors now practising, or who puted questions of right might be allowed to
stand over from the autumn to the spring have formerly practised, and have been re- without any serious injury to the interests elected, are
of the parties. These considerations alone Benbow, J., Dudley.
sufficiently account for the diminished proBlewitt, R. J., Monmouth. Grimsditch, Thomas, Macclesfield.
portions of the cause list in many of the
counties. Neeld, J., Chippenham. 4th. The Solicitors not before in parliament, limited period allowed for the disposal or
It has also been suggested, that the but now returned, are Bremridge, R., Barnstaple.
the circuit business deterred parties from Cobbold, John Chevalier, Ipswich.
setting down their causes for trial on some Pearson, Charles, Lambeth.
of the circuits. When all the expense and There are a few names to add, but which we anxiety of preparing for a heavy cause on have not yet accurately ascertained.
circuit is considered, it cannot be matter
of surprise, that those who are concerned ARRANGEMENT OF BUSINESS ON should look with painful apprehension to THE CIRCUITS.
the prospect that the cause may be made
a remanet until the next assizes, because Many of the circuits have terminated, there has not been time to try it, or what and those which have not concluded are is still worse, that it should be hastily, and drawing to a close : the amount of business as a necessary consequence, usatisfacon all has fallen greatly below the usual torily disposed of at the fag end of the asaverage. Two causes, at least, have com- sizes, when judge and counsel are alike imbined to produce this result. The opera- patient to get off to the next circuit town. tion of the County Courts Act, by with- In connexion with the circuits, our atdrawing from the superior courts of law tention has been directed by more than the cognizance of a large class of cases one correspondent to a matter of comheretofore exclusively within the jurisdic- plaint, rather of a local nature, with retion of those tribunals, necessarily begins ference to the Croydon Assizes. The to be felt on circuit, as well as at the sit- commission day for Surrey was fixed for tings in London and Middlesex.a
Saturday the 31st ultimo, and it has been The pending and approaching elections the constant practice in that county, to too have had their influence in diminishing open the commission early in the afterthe number of causes set down for trial at noon, and for the marshal's clerk to attend, the assizes. The election fever succeeded and enter the causes for trial, from the time to the railway mania. Staid seniors and the commission is opened, on the openpainstaking juniors bolted from the course ing day, and until the actual sitting of the
court at ten o'clock the following morning. a It appears, by a return lately made, under The causes are entered in the order in an order from the House of Commons, that in which the records are presented to the the interval between the 15th March, (when the officer, and as the facilities of railway innew courts opened,) and the 18th June, 3,375 summonses were issued, and 1,582 causes heard,
tercourse has made the Croydon assizes in the Liverpool district ; and 2,746 sum
in effect a continuance of the London sitmonses issued, and 1,189 cases heard, in the tings, and there are always a considerable Manchester district.
number of causes to be entered at that
364 Arrangement of Business on the Circuits.— Time for Signing Judgment on Award. town, there is generally a lively competi- simple arrangement, which prevails in all tion to see who can succeed in entering his the courts, as regards the nisi prius sittings cause first, so as to secure an early trial in London and Middlesex, would save many and prevent the expense and annoyance hundred pounds, now.uselessly expended, if created by bringing down witnesses from it were adopted on the circuits, as well with London for several successive days. On respect to common jury causes, as tliose in the occasion referred to, the officer did not which special juries are summoned. We attend at Croydon to enter the causes until should be glad to find the judges, who are seven o'clock in the evening; there were invested with ample authority, and have no less than 115 causes to be entered, and the best opportunity of informing themas many professional men and others had selves as to details, originating improvebeen waiting for several hours the arrival ments of this nature, which involve ne of the expected functionary, it cannot be questionable principle. wondered at if some degree of clamorous impatience was manifested. The officer TIME FOR SIGNING JUDGMENT continued to enter the causes up to ten AFTER A CERTIFICATE OR o'clock on Saturday night, and some who
AWARD BY AN ARBITRATOR. were not disposed to stay until that hour, returned to London, calculating that an The Court of Exchequer, according to opportunity would be afforded for entering a case lately reported, has established a their causes at any time before ten o'clock rule of practice with respect to awards, on Monday morning. It appeared, low-somewhat at variance with the understandever, that Baron Parke unexpectedly, ing which previously prevailed. When a thought fit to sit at nine o'clock instead of verdict was taken at nisi prius or on ten on the Monday morning, and the at- circuit
, subject to the award or certificate torneys who were not fortunate enoug!! to of an arbitrator, and the arbitrator made enter their causes before that hour had to his certificate or published his award during return to London disappointed, with the the vacation, it was generally supposed prospect of having to pay the costs of the that the party in whose favour the arbitraday for not proceeding to trial at those tor had decided was not at liberty to sign assizes.
judgment until after the first four days of Any deviation from the ordinary prac- the next term, during which period the tice on such occasions, unless it has been party considering himself aggrieved by the preceded by the amplest notice extensively decision might impeach the validity of the circulated, is almost sure to produce incon- instrument by which the arbitrator declared venience, and ought to be avoided. If any his determination. This view of the pracchange is to take place in the usual course, tice, however, does not appear to be well the arrangement we sliould suggest, to take founded. effect hereafter, would be, to enter the
The case referred to came on for trial causes in London, where the records are at the Summer Assizes, when a verdict passed, instead of obliging professional men was taken by consent for the plaintiff, subor their clerks to travel to Croydon and ject to the award or certificate of an arbiback, merely to do what might be as well trator. The arbitrator did not make his and more conveniently done at the mar- certificate until the 29th March following, shal's office in town. The causes might and the plaintiff obtained tlie postea upon then be entered in the order in which par- the production of such certificate, and ties were prepared, without any unseemly signed final judgment on the 7th April. struggle for priority, and with a saving of The question was, whether the judgment time and expence:
was signed prematurely, or wliether the It is also obviously desirable, that at defendant was entitled to the first four days any assizes at which there are 115 causes, of term to question the validity of the ceror any like number, for trial, a specified tificate. number should be fixed for trial on each
On the part of the plaintiff, it was adday, so that the witnesses and others con- mitted that there was no case directly in cerned in causes not included in the list for point, but the general rule being, that final the day, may depart, and not be unneces- judgment may be signed at any time after sarily kept in aitendance, when there is four days from the return of the distringas, little or no chance that the particular case in respect of which their presence is re- b Cromer v. Churt, 15 Mees. & W. 310. quired can be called on for trial. This
© Rez. Gen. Hil. T., 2 Will. 4, No. 67.
Time for Signing Judgment after Certificate or Award by an Arbitrator.- New Statutes. 365 and the distringas being returnable in other courts adopt the ruling of the Court of Michaelmas Term, it was submitted that Exchequer in Cromer v. Churt, it will bethe verdict directed by the certificate was come necessary to settle the mode of proto be considered for all purposes as the cedure by which an award, inanifestly obe' verdiet of the jury, and as if delivered injectionable, may be impeached before it is Michaelmas Term. On the other side it actually enforced by execution. Meanwas contended, that the losing party should while, the practice, as established by the not be deprived of the four days after ver. case citeel, affords an additional reason for dict to move to set it aside, and that the the parties hesitating before they consent verdict could not be considered as given, to a reference under an order of nisi prius, until it was entered on the record pursuant when 'all the expenses of a trial have been to the certificate given by the arbitrator. incurred.
The court, consisting of the Chief Baron, with Barons Rolfe and Platt, (Barons NEW STATUTES EFFECTING ALTERAParke and Alderson being absent,) were
TIONS IN THE LAW. unanimously of opinion, that the verdict was to be considered as given at nisi prius : securing TRUST FUNDS AND RELIEF OP it was then taken, subject to alteration ; but when the alteration was made it dated
10 & 11 Vict. c. 96.e back to the time it was given. In reference to the suggestion, that the party
An Act for better securing Trust Funds, and against whom the certificate was made
for the Relief of Trustees. [22nd July, 1847.] was subjected to a disadvantage by being stocks and securities into the Court of Chancery, deprived of the four days for moving, the stocks and securities into the Court of Chancery. answer was said to be, that the parties officer, to be sufficient discharge.-- Whereas it is agreed to a state of things which deprived expedient to provide means for better securing them of that benefit; and that there was trust funds, and for relieving trustees from the always a judge sitting at chambers, who responsibility of administering trust funds in might be applied to, if the special circum- cases where they are desirous of being so restances of the case required it. Upon these lieved: Be it enacted by the Queen's most ex, considerations, the court held, that the cellent Majesty, by and with the advice and judgment was properly signed, and could and Commons, in this present parliament as.
consent of the Lords spiritual and temporal, not be disturbed.
sembled, and by the authority of the same, Cromer v. Churt, it will be observed, was That all trustees, executors, administrators, or the case of a certificate, but it does not other persons, having in their hands any monies seem from the report that any different belonging to any trust whatsoever, or the major conclusion could have been come to, if it part of them, shall be at liberty, on filing an had been the case of an award instead of a
affidavit shortly describing the instrument certificate. In Salter v. Yeates, d Parke, creating the trust, according to the best of their
knowledge and belief, to pay the same, with the B., said, “ Where there is a certificate, it is privity of the Accountant-General of tle High done to save the expense of the stamp and Court of Chancery, into the Bank of England, award ;” and there does not seem to be to the account of such Accountant-General in any reason why one instrument should have the matter of the particular trust (describing a different operation, or be subject to any the same by the names of the parties, as accudifferent rules of practice from the other. rately, as may be, for the purpose of distinAlthough each of the learned barons by said court; and that all trustee or other per
guishing it,) in trust to attend the orders of the whom Cromer v. Churt was determined,
sons having any annuities or stocks standing in adverted in his judgment to the possibility their name in the books of the Governor and of an appeal to a judge at chambers, under Company of the Bank of England, or of the special circumstances, the form of such East India Company, or South Sea Company, application was not suggested. In ordinary or any government or parliamentary securities cases it may be sufficient for a judge to standing in their names or in the names of any order a stay of proceedings, but it is not sonal representatives, upon any trusts what
persons of whom they shall be perdifficult to conceive cases, in which judg. soever, or the major part of them, shall be at ment may be signed and execution executed with so little delay, after the publication of an award, as to render a judge's order Lord Chancellor, &c. for carrying this act into
e Rules and orders are to be made by the staying proceedings nugatory. Should the effect. See sect. 4. Until such orders are
made, we presume no proceedings can be d 5 Dowl. 291.