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New Bills in Parliament.-Legal Education.

income holden, to, upon, or subject to any such 14. Appeals shall lie to the Lord Chancellor charitable use, trust, or disposition as aforesaid, or to the House of Lords, at the option of ap. or the administration, management, or enjoy-pellants, but not both.

otherwise than by transfer in the public books usually kept for the transfer of stock, six calendar months at least before the death of such persons or person so limiting or making the same as aforesaid.

ment thereof, or to order the personal repre- 15. That no charitable use, trust or dispo sentatives or representative of a deceased testa-sition of real or personal property, or of any tor, to pay to the persons or person holding or produce or income of such property for the be administering, or to hold or administer such nefit of Roman Catholics in England and property, produce, or income, the amount of Wales, limited or made at any time before the any legacy bequeathed to, upon, or subject to, passing of this act, shall be annulled or avoided, or in aid or furtherance of such charitable use, or deemed or taken to be null or void, merely trust, or disposition by such testator, or to de- because such use, trust or disposition had been clare and direct the execution of the trusts of so limited or made otherwise than by deed inany will or codicil, whether being or not being dented, sealed and delivered in the presence of the original instrument whereby such use, trust, two or more credible witnesses, 12 months at or disposition was limited, or to compel third least before the death of the persons or person parties, or a third party, deriving or claiming limiting or making the same, and enrolled in to derive any benefit or advantage from any the said High Court of Chancery, within six breach or breaches of trust, or mismanagement calendar months next after the execution therecommitted or suffered by any persons or person of, or (in case of stock in the public funds) holding or administering such property, produce, or income, to make full or other restitution or satisfaction in that behalf, or otherwise to deal with, or make or give any declaration, order, or direction concerning the rights or interests, or pretended rights or interests of any third parties or party, in any or either of the subjects of such petition, or in any other subject connected therewith, it shall, nevertheless, be lawful for such court, and every such court is hereby required to hear and determine the matters aforesaid respectively, or such of them as shall be or shall appear to be necessary or proper to the granting or making the relief, order, or direction thereby prayed, or such as the nature of the case shall require, and to make such order or direction in that behalf as shall seem meet, and as effectually in all respects as if the said matters respectively had been brought to a hearing before the said court, upon a bill of a complaint, or information filed by or on the relation of the said parties or party respectively in that behalf.

66

16. Provided that a deed declaring the uses, &c. be enrolled, or petition presented, within 12 months, &c.

17. Such limitations made valid for ever. 9 Geo. 2, c. 36. ·

18. That nothing in this act contained shall be construed to affect any law now in force for securing or strengthening the present church establishments, or the rights, properties, or privileges thereof, or the patronage of or presentation to the benefices of the same, or in anywise to dispense with any of the said several formalities prescribed by the said act of the 9, Geo. 2, in relation to any such charitable use, trust or disposition as aforesaid, for the benefit of Roman Catholics in England and Wales which shall be limited or made after the passing of this act; and that nothing in this att contained shall extend to give effect to any gift, disposition, will, deed or assurance heretofore avoided by any entry, possession or other legal or equitable means whatsoever, or to affect or prejudice any action at law or suit in equity, commenced at any time before the passing of this act.

LEGAL EDUCATION.

11. Proceedings not liable to stamp-duty. 12. That for the purpose of hearing and determining any such petitions or petition as aforesaid, this act and the acts of parliament next hereinafter mentioned; (that is to say), an act passed in the 53 Geo. 3, c. 24, intituled. "An Act to facilitate the Administration of Justice," and an act passed in the 5 Vict. c. 5, 19. Not to extend to Scotland, Ireland or intituled, An Act to make further Provisions the colonies, unless otherwise provided. for the Administration of Justice," shall be construed together as one act, so far as the same are consistent and compatible with each other: Provided always, That where any such petition as aforesaid shall have been presented to the Chancellor of the Duchy of Lancaster for the time being, the same may be heard and A PAMPHLET called "A Supplement to determined either by such Chancellor or ViceChancellor of such duchy, according to the the Report of the Select Committee on Legal rules and orders, course and practice of the Education, containing the evidence of Mr. court of the said duchy, touching and hearing Kaumensentz," has just been published, and determining of petitions presented to the from which we shall extract a few passages said Chancellor, and as fully and effectually as for the amusement, if not the edification, of if such rules and orders, course and practice our readers. The author approves of the had been inserted in or incorporated with this examination of attorneys and medical men, but objects to that of barristers as unnecessary and useless. He thus commences:

act.

13. Orders to be final unless appealed from thin two years after entry.

EXAMINATION OF BARRISTERS.

ངས་ས་

Legal Education.

While The Select Committee appointed to inquire into the present State of Legal Education in England and Ireland, and the means for its further improvement and extension,' were engaged in their immortal labours, a person of the name of Kaumensentz presented himself at the door of the committee-room, and demanded to be examined. At first he was refused admittance by the usher, on the ground that he was not known to any member of the committee; but he ultimately succeeded in getting a hearing."

"Mr. Kaumensentz" having (in imagination) been called and examined, was thus questioned :

"1. It is understood that you object to the proposed plan of requiring students of law to pass an examination before they are admitted to the Bar? Of course I do.

159

to act in sudden emergencies, and it can do no harm whatever to the public, that 5,000 persons who do not know one word of law should have the privilege of wearing wigs and calling themselves barristers, with leave to practise as such-if they can get any business.

"4. But is this profession alone to be excluded from the benefit of a test of which every other possesses the advantage? Is the advocate to be the only man in the community of whose competency to perform his duties we do not require a satisfactory test?' *—I should say that is one of the most audacious pieces of misreprentation I ever heard. The fact is, that there are but one or two professions which postess the advantage' of the test of examination, and those are the exceptional reasons I have mentioned. I should like to know what 'satisfactory test' we have (by direct means), of the competency of the banker or the merchant, of the journalist or the reviewer, of the country "2. Will you state your reasons?-I think magistrate, the member of parliament, the it rather rests with the advocates of the plan to cabinet minister,-in short, of the ninety-nine show that it is not objectionable. All examina- hundredths of the men who exercise a respecttions are in their nature mischievous; they en- able calling in the world? Why should not the courage a system of cramming,' and of hasty barrister be left to be tried and tested by that superficial study; by requiring all candidates ordeal of public opinion which is found practo come up to a certain fixed standard of know- tically sufficient in those cases,-the judgment ledge, they prevent, or at all events impede, of his employers, his companions, and the pubstudents from pursuing one particular branch lic? I never heard any argument in favour of of their profession according to individual taste and genius, and thus check one great source of the advancement of learning-the sub-division of subjects; the natural effect, in short, is to create and foster mediocrity. Besides, to a grown man, entering seriously on what is to be the serious business of his life, it is most offensive to find himself compelled to return to the condition of a schoolboy, except in cases where his reason tells him that such a course is necessary for the general good. In one or two cases, as those of the attorney and the medical man, the safety of the public requires that their competency should be ascertained before they are allowed to practise; but the safety of the public, that is, self-defence, is the only ground which can justify any interference between a man and the free licence of exercising the profession of his choice.

what is now called Legal Education, that is, compulsory education and examination before admission to the bar, which would not apply with exactly the same force to the case of candidates for parliament, or for the premiership.' Further on, the supplement thus reports:

"6. But does it not sometimes happen that barristers with some showy acquirements, and technical knowledge, but without real solid learning, are able to get more business than they deserve?-No doubt it does sometimes happen.

"7. Do you not think the plan of examinations would prevent this?-I do not think that the man who has dexterity enough to take in the most trying tribunal in the world, consisting of the attorneys who are employing him, "3. What distinction can you draw in this and the companions and rivals who are watchrespect between the attorney or medical man, ing him, through years of actual practice, would and the barrister?—The nature of the profes- find it very difficult to humbug two or three sions is entirely different. Medical men and professors in a set examination. I do not imattorneys are to be employed by persons who agine that a green baize table-cover, and a leaden are not capable of judging of their acquirements, inkstand, are such an Ithuriel's spear as all and who are therefore obliged to take them on that.

is.

trust; they are liable to be called on to act "s. It is complained that there is a great desuddenly, and in cases of vital importance. It ficiency in what we call the Philosophy of Juwould, therefore, be a great evil to the public risprudence, among even our most successful if people were allowed to hold themselves out lawyers. Do you consider that to be the case? as medical men or attorneys without having a --So far as I understand the term, I believe competent knowledge of their respective call-it ings, and therefore in self-defence we require "9. Do you not attribute this to the want of them to submit to an examination. None of systematical education?-If you mean that this reasoning applies to the barrister. He is people don't know what they never learned, of employed solely by people perfectly capable of judging of his powers and capacity, namely, he attorneys: he is not liable to be called on 1847.

See "Dublin University Magazine," July,

Short Notices of New Books.

Such is the facetious way in which the learned writer upholds, not the ancient, but the modern practice which prevailed until recently at the Inns of Court.

course I do. But the cause of the want of this 'philosophy lies in the nature of our laws, which are peculiar to this country, and very technical and unsystematic, and in the little We cannot communication we have with other countries on matters of international law, owing to our concur in the conclusions at which he has insular position and to other circumstances, arrived, but think our readers are entitled Of course, as there is little demand for this to have the main point in the pamphlet bespecies of learning, few people devote their fore them. lives to providing a supply of it. If you want to have great jurists in this country, you must begin by introducing a new system of law." The following pinching question is then put: :

SHORT NOTICES OF NEW BOOKS.

WE resume our periodical List of New Books, some of which have already been noticed in the present volume, with more or less of detail, according to the nature of the works, and others will be reviewed at the first convenient season.

"13. You consider then that it is no part of the duty of the Inns of Court to establish lectureships, or otherwise to contribute towards the spread of legal education?-Excuse me, I never said that; I think it very right and proper that the Inns of Court should found lecture- The Rights and Liabilities of Husband and ships; not, however, as an educating body, Wife, at Law and in Equity; as affected by but in the same way as they might publish Modern Statutes and Decisions. books, as contributions towards the general facilities for the study of the law. I think the latter object, too, (that of publishing books) is one to which they might well apply some of the funds and opportunities at their disposal."

We must close with another interrogatory and answer :—

By John Fraser Macqueen, Esq., of Lincoln's Inn, Barrister-at-Law; author of "The Practice of the House of Lords and Privy Council.” Part I. Containing cases not affected by settlement, and the practice upon acknowledg Sweet, 1848. pp. xvi. 218, 75. ments by Married Women. London:

See a review of this able work, p. 109, ante. forbidden by the law of nature; not dissuaded Marriage with a Deceased Wife's Sister not by expediency; not prohibited by the Scriptures; including an examination of Professor Bush's Notes on Leviticus. By the Rev. J. F. Denham, M.A., F.R.S., Rector of St. Mary le-Strand, and Lecturer of St. Bride's, Fleet Street. London: Simpkin and Marshall, 1847.

p. 69.

"15. Since you seem to consider that the Inns of Court ought not to interfere in any way with the education of barristers, how can you justify their being maintained in their exclusive privileges of calling to the bar -I am not the apologist of the Inns of Court, but I must say I think they have their use, quite apart from any educational considerations; or rather I should say that they have their duties, and would have their use if they performed them. The nature of the barrister's employment is The title of this little pamphlet shows the such, that although it is perfectly immaterial (as I have said) whether there are ignorant bar- opinion entertained by the Reverend Author risters or not, it is most indispensable that there on the important question of marriage now should be no dishonest ones, and that a high before the public, and which has been so fretone of gentlemanly and honourable feeling quently discussed both in Parliament and the should be kept up in the profession; otherwise Courts, and whereon a commission of inquiry the system of advocacy, which is now a benefit to the public and an assistance to the administration of justice, would become an intolerable evil. The office, therefore, of the benchers of the different Inns, as I understand it, is to ascertain that they admit none to the bar whose character for integrity and honour will not bear a tolerably strict investigation; and it is on this principle that the monopoly in question is founded, or, at all events, the only one on which it can now be defended, namely, that the student is for a considerable period, while keeping his terms, under a sort of surveillance, both of the benchers and of his future companions and competitors, and that enough of his character may during that time be ascertained to enable the benchers to decide whether he is a fit person to be admitted to the bar or not."

"Law Review," August, 1847.

has been issued. Mr. Denham has with much learning and ability supported his view of the subject, and his arguments in favour of an alteration of the law, are entitled to great consideration.

A Concise and Practical View of a Chancery Suit, showing its most Important Stages. (Subsequent to the general orders of the 8th of May, 1845.) By W. B. Davies, solicitor. Second edition. London: Owen Richards, 1847.

This is a useful chart of the proceedings in a chancery suit, well adapted for the purpose of reference in a solicitor's office.

Equity Case Reference Table: intended as an aid to "Noting up" the current cases de

Short Notices of New Books.—Sixth Report of the Copyhold Commissioners.

161

cided in the English Courts of Equity. By | Learned and Honourable Societies, Lincoln's a Barrister. London: Charles Reader. 1847. Inn, the Inner Temple, the Middle Temple, and Gray's Inn, &c. By Robert R. Pearce, This is a brief specimen of what industry may Esq., Barrister-at-Law. London: Bentley, effect for the use of the busy practitioner. Butterworth. 1848. Pp. xi. 440.

An Analytical Digest of Selected Practice Many years having elapsed since the publiCases, decided in the Common Law Courts, cation of the last edition of Herbert's Antiquito Trinity Term, 1847; arranged under the ties of the Inns of Court, the present work, several heads of Practice, for the facility of

Reference. By Richard Morris, of the Middle particularly in reference to the movement reTemple, Barrister-at-Law. London: Stevens garding Education, is very acceptable and and Norton. 1847. Pp. 381, lxxxiii.

See a notice of this useful volume, p. 5, ante.

Constructive Total Loss. A Report of the Case of Irving v. Manning, (in error,) before

the House of Lords: with Observations thereon. By George Lathom Browne, Esq., of the Middle Temple, Barrister-at-Law, one of the Counsel in the Case. London: R. Hastings. 1847. Pp. 20.

A well-edited report of this important decision.

A Treatise on the Conflict of Laws of Eng

land and Scotland. By John Hosack, of the Middle Temple, Barrister-at-Law.

Part I. containing: I. The Law of Domicile.-II. Legitimacy.-III. Marriage, and its Effects on Property.

Edinburgh and London: Blackwood and

Sons.

well-timed. Much learned research has been bestowed by Mr. Pearce. The introductory chapter on the early Schools of Law is very interesting; all the important materials in former works have been brought forward, and the history is carried down to the present

The Legal Year Book, Almanack, and Diary, for 1848 comprising a Law Kalendar; the Statutes effecting Alterations in the Law; Standing Orders relating to Private Bills; Members of the Houses of Parliament; New Rules; the Courts, Judges, Commissioners, and Officers; Regulations of the Inns of Court; Precedence of the Bar; Registration and Examination of Attorneys; the Various Law Societies; Stamps; Taxes, Tables, &c. By the Editor of the "Legal Observer." London: A. Maxwell and Son. Pp. 224, 216. See p. 138, ante, where a full statement of

Considering that the distance between the metropolis of England and that of Scotland is now, in point of time, reduced to a day's journey, a knowledge of the chief differences between the two codes of law will gradually become more and more important. A work, therefore, wherein these diversities are set forth must be of great utility. Mr. Hosack the contents of the work will be found. has undertaken this task, and so far as the

COMMISSIONERS,

present volume extends, has efficiently per- SIXTH REPORT OF THE COPYHOLD formed it. The next part of the Treatise will comprise the Law of Real and Personal Succession, Contracts, and Bankruptcy.

Manual of the Law of Scotland. By John Hill Burton, Advocate, Author of " A Treatise on the Law of Bankruptcy, Insolvency, and Mercantile Sequestration in Scotland." In two volumes. Second Edition, enlarged. Edinburgh: Oliver and Boyd. London: Simpkin, Marshall, & Co. 1847. Pp. 487, 506.

These concise and well-digested volumes were noticed at p. 24, ante.

A History of the Inns of Court and Chancery; with Notices of their Ancient Discipline, Rules, Orders, and Customs, Readings, Moots, Masques, and Entertainments; including an account of the Eminent Men of the Four

THE following is a Copy of the SIXTH REPORT of the COPYHOLD COMMISSIONERS to HER MAJESTY'S PRINCIPAL SECRETARY of STATE for the HOME DEPARTMENT; pursuant to the Act 4 & 5 VICT. c. 35, s. 3.

[It is a very important document, and wil probably lead to an extension of the power of the commissioners. There seems no doub that at present they are unable to effect the objects for which the act was passed.]

Copyhold Commission,

24th November, 1847. SIR, We have the honour of presenting to you our Sixth Report.

It will be seen, by a reference to the Report

162

Sixth Report of the Copyhold Commissioners.

of the Select Committee of the House of Commons on Copyhold Enfranchisement, printed in August, 1838, that the plan of mere voluntary enfranchisement was recommended for a time, and that a more coercive measure was pointed out as alone calculated to meet the wishes and wants of the country.

After more than six years' experience, we have to report that there is a slow and gradual advance in the voluntary enfranchisement of copyholds under ecclesiastical lords.

It seems probable that almost the whole of such copyholds will in time disappear.

It is different, as far as this commission is concerned, with copyholds held under lay lords.

The causes of this fact are to be found partly in the less controlled influence of the stewards -an influence very generally opposed to enfranchisement and partly in the expectation of both lords and tenants, that some further steps will be taken by the legislature to enforce commutation or enfranchisement.

There is a general indisposition to move till it is known what those steps will be; and if the hopes expressed by the committee of 1838 are to be fulfilled at all, the time seems come when some more efficient measures should be adopted to accelerate the extinction, if not of the copyhold tenure, yet at least of those social and economical evils which are the most distinctly identified with it.

Such measures, if any are taken, will probably establish either

Instances of the full exercise of such rights, though rare, are not unknown.<\

To commute these heriots into certain fixed payments, giving the lord full compensation, would be an easy and popular operation." il It would only be necessary to enact that, on application by any tenant, the Copyhold Commissioners should, by such means as to them seem fit, ascertain the value of the lord's right to a live or chattel heriot, and then establish a small fixed payment in its place, assigning to the lord such a sum of money as his abandoned right was worth. So much might be easily done, and it is not probable that a bill to effect this object alone would meet with any opposition.

But this step would only remove a vexation— the substantial economical evils of the copyhold tenure would remain untouched. These consist in uncertain fines, which drive capital from improvements on the land, and in rights to timber, and to a control over buildings, which rights are found pernicious.

To get entirely rid of these evils, it would be necessary to change the uncertain fine into a fixed fine, to set a value on the right to timber, and to give the iord, either in money or in a first charge on the estate, a full equivalent for the abandonment of these rights. The tenure might remain untouched, and would then become, we are prepared to show, not only as desirable, but more desirable than the common freehold; always supposing, however, that the steward's fees were fairly but distinctly regu

1st. A general and complete system of com-lated-a point to which we shall again recur. pulsory enfranchisement; or,

2ndly. A more limited and gradual system of commutation, by which what is uncertain and mischievous in the copyhold incidents and tenure may be got rid of, leaving the tenure, so amended, as it is.

We do not dwell on the scheme of a complete and compulsory enfranchisement of all the copyhold estates in the kingdom.

We have great doubts if it would be found practicable to pass such a measure.

We have no doubt at all that, if it passed, the difficulties and expense of its application to the whole kingdom, and some serious local difficulties of detail, would be found insuperable obstacles to the completion of this scheme.

With this conviction, we are disposed to recommend, as a more practicable measure and for all economical purposes an equally efficient one, a limited system of compulsory commuta

tion.

We will begin, however, by mentioning a measure even more limited than that we mean ultimately to propose.

Heriots form one of those vexatious incidents to copyhold tenure which create a very general feeling of irritation, much greater than their average pressure warrants.

The most valuable picture may be seized as a chattel heriot in respect of a copybol tenement not worth 107.

Supposing this principle of commuting uncertain incidents adopted, there are at least two very different modes by which it may be carried out.

Each individual tenant may be empowered to call on the commission to commute his uncertain payments, and to assign the ford a consideration.

This plan, which has many recommendations, will be met by one very serious objection.

The lords will complain that, when their solvent and respectable tenants have commuted, they will be left with a bad remnant, constituting a much less desirable tenantry on their manors.

There would be truth in this objection, and it should be met and removed.

To effect this, we would propose that when ever two-thirds in value of the copyholds in any manor were commuted the lords should be entitled to call on the commission for a compulsory commutation of the remainder, which would not, with the experience then acquired, be a difficult operation.

So modified, the compulsory commutation of the uncertain incidents might be carried through, we think, smoothly, and, for all, economical purposes, effectually.

The real objections to the tenure would be removed precisely when their pressure was felt, and persons wishing to plant, build, drain, or In the case of live heriots, race-horses and subsoil plough, might, on securing the lord a other valuable animals may be seized under fair compensation, go to work as safely and li ke circumstances.