Epiphany Quarter Sessions.—Constitution of the Courts at Doctors' Commons.

said recited act.

The effect of this enactment, is to postpone the commencement of the Quarter Sessions from the week next after the 28th

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act, the justices of the peace in every county, | Bar. We are disposed to think, however, riding or division, who by the said recited act that the importance of the matter, in the are directed to hold their general quarter ses-estimation of those thought to be peculiarly sions of the peace in the week next after the affected, is greatly exaggerated. The business 28th day of December, shall hold such lastmentioned sessions in the week next after the at sessions has been so very much diminished 31st day of December; and that all acts, matters by a succession of legislative changes, that it and things done, performed and transacted at has ceased to be regarded generally by the the time appointed by this act for the holding Bar, as a source of emolument or distincof the said last-mentioned general quarter ses- tion. This, we readily admit, is to be resions of the peace, shall be as valid and binding gretted upon many grounds, but the fact is to all intents and purposes, as if the same had been done, performed and transacted at the unquestionable. Moreover, the establishgeneral quarter sessions of the peace, holden at ment of District Bankruptcy Courts, and the time limited for the holding thereof by the subsequently of the County Courts, has already gone far to create in many localities, what may be called a provincial Bar, consisting of gentlemen who reside permanently in the county. We understand that in one county, there are no less than sixof December to the week next after the 31st teen practising barristers, constantly residDecember; and the object is, to preserve ing, and of course attending the local courts magistrates, professional men, jurors, prose- of every description in which barristers have cutors, and witnesses from the necessity of audience, and that the number is expected quitting their homes and resorting to the speedily to be increased. It is quite clear, county town at which the sessions are that a barrister resident in the country holden during the Christmas week. When must regard the proposed change precisely Christmas day falls upon a Saturday, as in as it is regarded by the magistrates, country the present year, the inconvenience it is solicitors, and others, who have suggested it. proposed to correct is not felt, for the The number of barristers practising at sesQuarter Sessions cannot be holden until the sions, whose business requires their attend3rd day of January, but when Christmasance in London during the first four days of day falls on a Tuesday or Wednesday, the term, is not considerable, and upon a sessions, under the existing law, commence balance of the convenience and inconvenion the following Monday, and those days ence which would arise from the proposed are broken in upon, which for centuries have alteration, we are satisfied they would be been devoted by the people of this country, the first to admit, that their personal views particularly in the rural districts, to reought not to stand in the way of an arcreation and domestic festivity. We understand the change was suggested, in the first rangement deemed by other interests as an improvement. instance, by some country attorneys of influence and respectability, and that it is favoured generally by the magistrates who CONSTITUTION OF THE ECCLESIgive their attendance at the Quarter Sessions. Under those circumstances, we regret to learn that the proposed alteration is objected to by a small portion of the junior

ASTICAL COURTS AT DOCTORS'

COMMONS.

THE sober quietude of Doctors' ComBar, who conceive that the postponement of mons was last week disturbed by an explothe Epiphany Sessions to the week after the sion the noise of which has excited attention last day of December may possibly interfere beyond the limits of that dull region. This with their return to London by the 11th accident may not be unproductive of benefit January, the first day of Hilary Term. We to the community, if it induces attention to can conceive a coincidence of circumstances the constitution of the Ecclesiastical Courts, which would render such a result possible. a subject which-partly perhaps from inIt is not likely to occur frequently. It is far from our intention to suggest that the interest and convenience of the junior Bar, or of any portion of the Bar, is to be disregarded in this or any other particular. It is much to be lamented if it turns out that a change decidedly convenient to the public and the other branch of the profession, should be inconvenient to any portion of the

difference, and partly from disgust-seems to have obtained a very inadequate share of consideration from those who advocate sweeping changes in other institutions connected with the administration of justice, in which the necessity for reform is not quite so apparent.

The cause, in which the proceedings we are about to advert to occurred, was one of

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"Sir H. J. Fust.-I should wish to refer to

one or two interrogatories which have been put to Mrs. Geils and Mrs. Nepean.

"Dr. Addams.-They were all drawn personally by myself, without any communication with the proctor in the cause.

"Sir H. J. Fust. As to aspersions out of court, I think the court has no reason to complain; but of the suggestions in court. I will read the suggestions in the interrogatories before me, and I think at least the public should know what those suggestions are. "Dr. Addams.-Certainly; I drew them every word.

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those peculiar to the Ecclesiastical Courts. A suit is brought by a gentleman of family, station, and property, against a wife and mother-a lady of birth, education, and fortune for what is called "a restitution of conjugal rights." This assertion of rights. on the part of the husband is met by the wife charging him with cruelty, adultery, and far worse offences; all of which imputations are solemnly denied by the husband, and the wife in her turn is charged with having a violent and ungovernable temper, with the habitual use of indelicate language, Sir H. J. Fust then read the 67th interrogaand with being a party to the most infamous tory :- Ask each witness, has not Mr. Nepean fabrications for the purpose of ruining her some, and what family connexion, both with husband. Parents, relatives, friends, and ser- the proctors and counsel (or one of them) who vants-"hearts so lately mingled"-are all are conducting this suit on the part of the proarrayed at one side or the other, and be- ducent, and with the judge in whose court it is come witnesses for the parties respectively, depending; and upon your solemn oath has not the producent been buoyed or buoyed himto support or contradict those dreadful impu- self up (of course most fallaciously) with the tations; and are in all in turn themselves prospect of its successful issue as resulting or made the subject of the most disparaging likely to result from such connexion? Will and odious insinuations, with the view of you upon your solemn oath deny, that you affecting their credibility and impugning yourself have repeatedly heard, or have sometheir motives. In such a conflict, as may times heard (or will you positively swear that be supposed, the worst feelings and passions you never have heard, the producent refer, of the human heart are developed. The amenities of life are trampled upon, its charities forgotten, and scurrility, hatred, and malice, would seem to dictate all that is said, and to suggest everything that is done.

either directly or indirectly, to the connexion aforesaid as the ground or one of the grounds whereupon he relied for a sentence in his favour in the result of this suit? If you admit having heard the producent express himself to the effect interrogate, set forth the particulars This cause, pregnant with so much that how you have heard him express himself to is painful and revolting, is entitled Geils v, that effect, and what say in relation thereto? Geils, and has been for a considerable period Is the influence of a strong over a weak mind pending in the Arches Court of Canterbury, of which, as most of our readers are aware, the venerable Sir Herbert Jenner Fust is judge, and in which court Dr. Jenner, the son of the judge, and Dr. Jesse Addams, are distinguished advocates. Dr. Jenner is the leading advocate for the husband (Mr. Geils,) and Dr. Addams for the wife. On Friday, the 17th inst., in the course of Dr. Addams's argument on behalf of Mrs. Geils, the episode intervened to which we are about to call attention, and the narrative of which we copy from the report that appeared in the Times of Saturday last.

not instanced in that of his said brother-in-law over the producent, according to your sense and apprehension? If the ministrant has ever likened the producent and his said brother-inlaw to Faust and Mephistophiles respectively, is the comparison inapt to your thinking (supposing always that you know anything of the play, original or translated, in which Faust and Mephistophiles are characters)? Is not the said Mr. Nepean, however much of the gentleman he can be when he chooses, the reverse in his ordinary conduct and conversation? Is he not in the habit of attending boxing matches and intimate with several of the notorious boxers of the day, a Jim Burn, for instance, whose place he frequents when in London? Does he not also make a point, when he can, of seeing public executions (hangings) and such exhibitions? Is he not an adept in the use of slang language of every description? "I know not where the aspersions come Upon your oath, used he not to teach (will you from, but I know that aspersions have been swear that you have never heard him teach) cast upon the court itself. I have, however, the ministrant's eldest daughter ( the kid,' as nothing to do with such aspersions; but I he used to call her) to say 'damn, damn,' as think there have been aspersions in court as to soon as she could articulate? Had not the what has been done in this case. I think Dr. ministrant latterly, for such or other reasons, Addams said he had drawn the pleas and in-a strong aversion, and which she took no pains terrogatories without any communication with the proctor of Mrs. Geils ? "Dr. Addams.-Certainly.

The Judge, in reference to aspersions said to have been cast upon Mrs. Geils out of court, is reported to have said

to conceal, to the said Mr. Nepean, that at first knowing him, and for some time after his great admirer, still, however, at all times conducting

Constitution of the Ecclesiastical Courts at Doctors' Commons.

185

herself towards the said Mr. Nepean with all | emanate, judging from the spirit of prejudice, outward civility? Will you swear that the to say the least of it, in which they are put, are facts, all, or any, or either of the facts interro- ready to allow that he can be gentlemanlike, gate, were any, and if yea, how other than as the exception may very fairly be accounted for interrogate? Ask both the witnesses, did not in their prejudice. Never since his marriage Mr. Jenner, the proctor, attend the execution (for six years past, that is) has he attended a of the requisition for the examination of wit- boxing match. I do not know that he is intinesses on the ministrant's allegation, to wit, at mate with several notorious boxers. He never Glasgow, in the months of March and April in talks to me about it, if he is. He is fond of last year? and was he not at such time a guest manly sports, and thinks it the duty of an at Dumbuck, and for how long? Who else of Englishman to keep them up. He likes Jim that name, and for how long, was a guest at Burn,' I believe, but it is not the fact that he Dumbuck at or about that time? Was he also frequents his place in London. I can only a son of, or how otherwise connected with or answer for his being there on one occasion related to the judge in whose court the present since our marriage. He does not make a point suit then was and (having been remitted thereto when he can of seeing public executions (hangfrom the Judicial Committee of the Privy ings) and such exhibitions. I am not aware Council, into which it was taken on an appeal that he is an adept in the use of slang language. from a grievance) still is pending, as you know I never heard him do so except to the extent or believe? that is common with gentlemen. It used to "The answers of Mrs. Nepean to the 67th be a laugh with us all, the ministrant no less and 68th interrogatories were as follows: :- than the rest of us, that the first words her ، Mr. Nepean's uncle is married to a sister of eldest child could articulate were damn, the proctor, and of the leading counsel con- damn,' or something resembling that sound, ducting the suit on the part of the producent, but I will swear that she was never taught it the daughter also of the judge in whose court by Mr. Nepean; there is not a pretence for it is depending. Upon my solemn oath the saying such a thing. He never did and never producent has not, to my knowledge, and as I would have done it, I am sure. He generally am sure, been buoyed, or buoyed himself up, called the child the kid.' I have no reason with the prospect of its successful issue as to believe that the ministrant ever resented his resulting, or likely to result, from such con- | so doing. She used to call the child by that nexion. His only trust is, I believe, in his own name as much as any one else. I am not innocence. He, I am sure, would be well aware that she entertained any aversion to Mr. aware how fallacious such an expectancy would Nepean. She concealed it if she did. To the be of a successful issue resulting from the last she conducted herself towards him as if source suggested in the interrogatory. I will, she liked him. I have answered the questions upon my solemn oath, deny that I myself have on oath as put to me. I swear to the truth of repeatedly heard, or sometimes heard, (I will what I have stated. Mr. Jenner did attend the positively swear that I never have heard,) the execution of the requisition for the examination producent refer either directly or indirectly to of witnesses on the ministrant's allegation at the family connexion interrogate (if such it can Glasgow last year, in March and April, I bebe called) as the ground, or one of the grounds, lieve it was. He came over and stopped at whereupon he relied for a sentence in his favour Dumbuck from Saturday to Monday evening in the result of this suit. I do not know any on one occasion, during the time his brother, person who has less influence over my brother, Mr. Arthur Jenner, was a guest at Dumbuck. the producent, than Mr. Nepean. From the At that time, also, he stopped two or three extreme openness of Mr. Nepean's character weeks. He is also a son of the judge of the he is a most unlikely person to acquire influence over the mind of the producent, or any one else. My knowledge of the play in which are the characters of Faust and Mephistophiles is, I suppose I should say, derived from the translation. Mr. Nepean read it to me from "The answers of Mrs. Colonel Geils were the German, translating it to me as he did so. as follows:- Mr. Nepean's uncle is married I should say that if ever there were two persons to a sister of the producent's proctor and leadbearing less resemblance to the characters of ing counsel, the daughter of the judge in whose Faust and Mephistophiles than any I could court the present suit is depending. Upon my mention, it would be Mr. Nepean, and the solemn oath the producent has not been buoyed producent. If the ministrant has ever likened or buoyed himself up with the prospect of its them to those characters she must have read successful issue as resulting, or likely to result, the play from a very bad translation, or did not from such a connexion. My idea would rather understand the original language, if she read it be, that the circumstance of there being such a in that. I do recollect, now, to have heard connexion (if for a moment any one could be Mr. Nepean say that he was sure she did not so absurd as to suppose that it would effect understand what she read in German. Mr. the issue one way or the other) would rather Nepean is not, in his ordinary conversation, operate to his disadvantage than otherwise. I the reverse of gentlemanlike, and I must say will, upon my solemn oath, positively swear that if the persons from whom these questions that I never have heard the producent refer,

court in which this suit is pending. He did not come to Scotland upon our invitation, but as he was here we invited him to Dumbuck, and as he wanted to see the country he stopped.'

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Constitution of the Ecclesiastical Courts at Doctors' Commons.

either directly or indirectly, to the connexion | ducks with Mr. Nepean on the river. He also aforesaid as the ground, or one of the grounds, is a son of the judge of the court in which this whereupon he relied for a sentence in his fa- suit was and is depending."

"I want to know whether any observations are to be founded upon these suggestions, or if the suggestions are disclaimed by counsel?

vour, or upon any grounds but the justice of his cause. I am sure that he would, in common with any other rightly thinking person, have felt that the entertaining such an idea would "Dr. Addams. In the first place, I say that have been an insult to the gentlemen alluded those interrogatories were drawn by myself, to. The influence of a strong over a weak every word. I had not only reason to believe, mind is not, I consider, instanced in that of but to know, that Mr. Geils had expectations his brother-in-law, Mr. Nepean, over the pro- of success in this cause from his connexion ducent. On the contrary, I think, and so will with the judge; I knew that the cause was every impartial person, that the producent has conducted in the office of Messrs. Jenner and the stronger mind of the two. My knowledge Dyke, one being the son and the other a relaof the play in which the characters of Faust tion of the judge; that one of his advocates, and Mephistophiles occur is derived from a Dr. Jenner, was another son of the judge: that translation. It strikes me that the comparing Mr. Nepean was a family connexion of the the producent and Mr Nepean with those re-judge, and that two other sons of the judge had spective characters would be inapt in the been guests of Mr. Geils at Dumbuck, and one greatest degree. I do not detect the slightest of them a visitor there for several weeks. It is resemblances. I never saw Mr. Nepean other- so much the constitutional doctrine of the law wise than gentlemanly, both in his conduct in this country, that formerly a judge of assize and conversation. I believe that formerly he could not hold a court of assize in his native did use to be in the habit of attending boxing county, on a supposition that the connexion matches, but that was prior to his marriage might bias his feelings, though he was not a only. I believe,-I am not aware that the fact single judge, determining questions upon writ is as suggested, that he is intimate with several ten evidence, but upon evidence taken vivá voce, of the notorious boxers of the day. I believe and with the interposition of a jury. In the he is an acquaintance of the interrogate, Courts of Queen's Bench, Common Pleas, and 'Jim Burn.' I remember that he went Exchequer, when a case comes before the court to see him when we were in town. I must in which one of the judges has been counsel, admit his acquaintance with Jim Burn,' he declined to sit. On the appeal, in the case but not the intimacy. I never knew him to go of Mr. Wood's will, before the Judicial Comto see public executions (hangings as interro-mittee of the Privy Council, Sir F. Pollock gate) or such exhibitions. I am not aware that challenged Dr. Lushington, as a member of the he is an adept in slang language, though what committee, merely because he had been counsel that means exactly I am not aware. He never in an early stage of that case, and the exception used it before me, certainly. I will swear that I never have heard him teach the ministrant's eldest daughter to say Damn, damn.' I am sure the suggestion that he did so is a great falsehood. I never heard him call the child the kid,' but Kalo, the pet name we all gave her. I had no reason at any time to believe that the ministrant entertained a strong aversion to the said Mr. Nepean. It appeared to me that she behaved to him as she did to every one else, just according to the humour she happened to be in. The last time she was here she appeared to enjoy his society. There was never anything in his conduct that I witnessed or knew of to induce in her anything like aversion to him at any period. It seemed to me that she behaved to him just according to the humour she was in. I will swear to the facts to be as I have answered respecting them. Mr. Jenner, the proctor, did attend the execution of the requisition for the examination of witnesses on the ministrant's allegations at Glasgow, in the months of March and April last year. He "Sir H. J. Fust. What I complain of is, that spent one Sunday here. He came late on the you do not make your objection openly, and Saturday, and left early on the Monday: this fairly, and candidly; that you put in a parenvisit, I should say, was to Mr. Nepean. His thesis, of course, most fallaciously:' that is younger brother, Mr. Arthur Jenner, was a the suggestion I complain of. The public guest also at Dumbuck at that same time. He should know the situation in which the court came with his brother, and stayed a few, I is placed. In the Judicial Committee, or the don't exactly recollect how many days, after courts of law, one judge may withdraw; but his brother had left. He remained to shoot could I refuse to accept the letters of request

was allowed; and I happen to know that if the exception had not been allowed, Sir F. Pollock, and Sir T. Wilde, the other counsel, would have thrown their briefs upon the table and refused to argue the case. Such is the constitutional jealousy of the administration of the law in this country, and I contend that I had a right to put in evidence the connexion of Mr. Geils, one of the parties in the cause, with the judge, the counsel, and the proctor, and I am ready to justify what I have done.

"Sir H. J. Fust. I only wish you had retained this case before the Judicial Committee.

"Dr. Addams. I endeavoured to do so; and that was partly my object in appealing from this court on the admission of Mr. Geils' allegation, in order that_the cause might be retained by the Judicial Committee, and I urged it to the utmost; but the committee made a precedent for the first time; and, although both parties prayed that the cause might be retained, they refused.

Review: Hosack's Treatise on the Conflict of the Laws of England and Scotland.

in this case, or decline to sit and hear the cause?

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Law. Part First. W. Blackwood & Sons.
London and Edinburgh. 1817. Pp. 317.

THIS Treatise, evidently suggested by the larger works of Mr. Justice Story and Mr. Burge, is confined to the laws of England and Scotland, but is undoubtedly an acceptable addition to legal literature. Our busy lawyers are in general but little acquainted with the state of the law in the northern

Mr. Hosack, the present author, has undertaken the task of presenting a view of the laws of Scotland, so far as they stand in conflict with those of England.

This part of the Treatise comprises: 1. General rules of international law. 2. Domicile as it affects civil status and succession.

3. Civil status-Legitimacy.

4. Civil status-Minority and guardianship, lunatics and aliens.

the

5. The marriage contract.

6. Effect of marriage on the property of husband and wife.

1st. Real property.

"Dr Addams. All I can say is, that it is an unfortunate state of things, even if it occurred only once; but it is of perpetual recurrence; I see a phalanx against me which quite oppresses me. I have borne it a long time." We have been so anxious to give the report of this extraordinary scene without curtailment, that we have allowed ourselves little space for a comment upon it. part of the Island. Doubtless the most inIt is impossible to peruse it without feeling teresting, as well as the easiest, method of that it furnishes abundant materials for studying the code of another country, is by comment and serious reflection. The dis- placing it in juxta-position with our own. tant family connexion which appears to exist between the learned judge of the Arches Court and the party promoting the suit, strikes us to be a matter of the least importance. The circumstance, that persons so closely connected with the learned judge are concerned professionally in the cause which he is judicially to determine, seems to involve far more serious considerations. The scope of the examinations, and the place and manner in which they are taken, as exemplified in the extract we have given, also suggest grave doubts as to the justice and expediency of continuing such a system of procedure. Giving Dr. Addams all the credit to which he is fairly entitled for manfully bringing these delicate but important questions before the public and the profession, and taking upon himself the undivided responsibility attached to such a proceeding, we venture to doubt whether the evil aggravated as it may be by adventitious circumstances does not lie deeper than he seems to comprehend, or may possibly be disposed to admit. It seems, to say the The author's introductory chapter is least, inconvenient and anomalous, that comprehensive and able. After touching upon the most trying occasions, when feel- on the early history of the laws of both ings and character are peculiarly involved, parts of the kingdom, he thus proceeds: parties are necessarily forced to discard "It does not appear that the systematic study those in whose professional knowledge, of the Roman law was directly encouraged by ability, and integrity, they repose in the con- any English prince except by Edward the fidence founded upon experience, and should First; and it is probable that it gradually be driven to resort to professional advisers, declined after the death of that able legislator, who, however capable and respectable as and was finally discontinued about the beginindividuals, cannot, from the limited sphere ning of the reign of Edward the Third. The to which their practice has been confined, procedure in the different courts had by that administration of justice and the forms of be so well known or so much appreciated by the public, as those who practise in other branches of the legal profession. We shall take an early opportunity of returning to the subject.

NOTICES OF NEW BOOKS.

2nd, Personal property.

3rd. Effect of marriage on the person and personal acts of the parties.

4th. Marriage settlements.

5th. The law which governs the rights of married persons in the absence of an express contract.

6th. Separation deeds.
7. Divorce.

a

time acquired a great degree of certainty and regularity; and it seems to be now generally admitted that the cultivation of the Roman law for the space of two centuries, although attended with less striking results than in other countries, exercised an important influence over English jurisprudence during that nascent

a

Selden, Dissert. ad Fletam, cap. 8, § 2; A Treatise on the Conflict of Laws of Equitable Jurisdiction of the Court of ChanEngland and Scotland. By JOHN HO-cery, by George Spence, Esq. vol. i. p. 131. SACK, of the Middle Temple, Barrister-at- Selden, Dissert. ad Fletam, cap. 8, § 5.