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The Law of Divorce-Report of the Commissioners. or wilful desertion; and that it should be by one or more of the parties not contract. obtainable for these causes by the wife as ing a second marriage, which renders the well as the husband. It was also agreed, divorce, so far as they are concerned, in that a sentence of divorce à mensá et thoro fact unnecessary.” ought not to be considered a preliminary In the able and well drawn paper in condition to a divorce à vinculo, and that which Lord Redesdale has thus propounded applications for divorces of this nature his peculiar views, he seems to have given too should be entertained, not as at present by little weight to-if not altogether to have the Ecclesiastical Courts, but by a new tri- overlooked — the important consideration, bunal, consisting of a Vice-Chancellor, a that for a period of 150 years the legislature Common Law Judge, and a Judge of the has gone on granting divorces à vinculo, Ecclesiastical Courts.

though in a mode and by a machinery uniIt was with respect to that part of the versally allowed to be objectionable. The report relating to divorce à vinculo that any Lords and Commons have followed in the difficulty or dissimilarity of opinion existed steps of the early reformers, it may be, as amongst the Commissioners. The majority Lord Redesdale suggests, “because of the recommend that the remedy of a divorce à hardness of men's hearts,” but, at all vinculo by reason of adultery, should be events, the passing of divorce bills is an open to all classes, instead of being con- established practice, and no law that could fined, as it is practically at present, to the be passed by the existing Legislature would wealthier classes. Lord Redesdale, on the be binding upon their successors, so far as contrary, is of opinion that the law which to prevent them from interposing in cases holds marriages to be indissoluble ought to of supposed hardship to dissolve a contract be strictly maintained, and that, not only which the gross profligacy of one of the the practice of making exceptional laws in parties made it downright cruelty to enparticular cases should be put an end to, force against the other. His lordship, but that the principle of granting divorces however, has pointed out some difficulties à vinculo should be entirely abandoned. of a practical nature in the proposed His lordship states, that he has come to scheme, which are eminently entitled to this conclusion as well upon religious as consideration, and to which it is desirable upon moral and social grounds. Passing that all who take an interest in this imover the religious scruples imported into portant subject should direct their attenthe discussion on the question, and viewing tion. The difficulties referred to are stated it in its general bearing on the morals and in the following passages :happiness of the whole commmunity, Lord “I have another objection to the proposed Redesdale has convinced himself “that the alteration, from a conviction that it will extend middle and lower classes have been far much further than those who recommend it in more benefited than injured by having such their report intend or consider expedient. By divorces” [divorces à vinculoj “practically the proposed change, divorce à vinculo is no denied to them, and that it is very question. I longer to be considered as an exceptional law, able whether, on the whole, the wealthier Viewing the subject in this light, they desire

but is to be made a common legal remedy. classes have derived any advantage from that such remedy should be limited by the being able to procure them.” As to the rules which at present govern the exceptional numerous class to which divorces have been cases, to which it has been hitherto applied; denied, he says, and truly as we believe, To secure this, the provisions of the Act of " that there is no class in any country in Parliament by which the change is to be ef.

he world in which the marriage tie is held fected, ought to be clear and definite. No more sacred than among them, or where an

| attempt has been made to frame such a mea. unchaste wife is more generally reprobated.”

sure, and I believe that whenever it is at

tempted, the result will be unsatisfactory. It Admitting that his lordship has not exag- I appears to me that any Court to which the degerated this distinguishing characteristic of termination of such cases would be referred, the middle classes, we do not find that he must be placed in a totally different position attempts to show to what extent, if at all ) from that in which Parliament now stands in -it is ascribable to the supposed indis- reference to these cases. The application at solubility, of the marriage contract: and present is, to have an exceptional law passed, on the othe hand, he assumes, that where, and the discretion, consequently, which can be divorces - manculo

exercised by Parliament, is great. No Judge have been obtained, t) rý ha

U, I can feel himself in the enjoyment of the same proved disastrous in all re- liberty in administering the existing law, as he ---9, y le in several cases many of the may in recommending or refusing a special wisati dant on them have been avoided relief from its provisions. I believe it will be

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Law of Divorce.-The Second Reading of the Attorneys' Certificate Bill. 451 generally admitted that a divorce à mensá et proposed, but it seems hardly possible to thoro may be granted in cases in which a di- I conceive any scheme more objectionable, vorce à vinculo ought to be refused. The prac- more injurious to the morals of the comtice of any existing Court, therefore, can only munity be imperfectly adopted as a guide for this new

munity, or more destructive to the utility tribunal; and unless a discretion similar to of the County Courts. that now exercised by Parliament can be trans. ferred to it, which I believe every lawyer would THE SECOND READING OF THE feel himself practically debarred from exercising under the altered circumstances, or unless

ATTORNEYS CERTIFICATE BILL. words can be devised to express in an enactment exactly that which the Commissioners! To financial desire to secure, which I believe to be equally

The financial statement of the Chanimpossible, divorces à vinculo will in future bel

cellor of the Exchequer will be made on granted in cases which would now have no Monday, the 18th instant. The second chance of success, and to which the Commis- reading of the Bill for the repeal of the sioners do not desire to extend it.

Certificate Tax stands for Wednesday the “ My apprehensions of evil consequences, 27th. So that there is ample time for all however, extend still further. I consider the the necessary arrangements. We are intribunal recommended by the Commissioners formed that å hundred more petitions have for determining these questions a very good arrived from divers cities and towns. in one, but proceedings before it in cases of divorce à vinculo, will necessarily be attended Teadme

ded readiness to be presented, and that every with some expense, though far below that which post brings a considerable number. The is now required. These divorces will thus be Government has not yet intimated any ir.. opened to another and numerous class, but a tention of withdrawing their opposition, still more numerous class will be equally ex- and the Profession must therefore continue cluded as at present. Once create an appetite their exertions to impress the members of for such licence by the proposed change, and the Legislature who represent them with the demand to be permitted to satisfy it will be irresistible. The cry for cheap law has of late

the justice of their claims. been universally attended to, and the result! The Incorporated Law Society, as the will too probably be, that these delicate and great agents for the Bill, will doubtless important questions will be brought before in- give due notice to all the supporters of the ferior tribunals, where the number of the measure, of the day for the second reading. Judges (each acting separately) will render But every individual solicitor should either anything like uniformity of decision upon the personally see or write to his friends in the circumstances which are to rule in refusing House, and induce them to attend. applications impossible, and must ultimately lead to extreme facility in obtaining such di

It appears that the present Chancellor of vorces.”

the Exchequer must have been misinformed

by the official persons of whom, we preIt may be hoped that the ingenuity of sume, he inquired into the state of the the Commissioners, and the wisdom and case,—for his two suggestions of reducing discretion of the Government upon whose the duty on articles of clerkship and equalresponsibility the proposed measure is to ising the tax on town and country solicitors . be introduced, will be adequate to deal with were quite wide of any reasonable or satisand prevent some of the difficulties which factory adjustment of the question. There Lord Redesdale has so forcibly pointed out. may be some truth in the statement that The expense of the system of procedure to the railway rapidity of communication with be adopted by the Court of Divorce about the metropolis, and the establishment of to be established, must be so moderate County Courts, have effected a great change as not practically to exclude all but the in the relative position of town and country wealthy. Still, it must be borne in mind, practitioners, and therefore that the difthat in general no tribunal can be resorted ference between 121. and 81. should not to, for the purpose of obtaining redress for continue; but the whole tax is a moninjury or enforcing a civil right, without strous injustice, and it would be a pitiful some outlay, which may close the door affair merely to reduce the London certifiagainst those in very impoverished cir- cates to the level of the country, or to equalise cumstances. We cannot suppose, however, the tax by reducing the one and increasthat the Legislature will ever be induced, ing the other in order to raise the same as his lordship contemplates may hereafter amount. It is difficult to conjecture how a occur, to transfer the determination of man of the talent of Mr. Gladstone could divorce cases to the County Courts. We be deceived into an opinion that either of are not ignorant that it has already been these modifications would be acceptable.

452

Attorneys' and Solicitors' Certificate Bill. We apprehend that the aggrieved parties 40s., and by every person admitted as a must pursue the course adopted with the proctor in any of the Ecclesiastical or Admio upjust judge.” until he vields to their ralty Courts in England and Ireland, and by importunity. It is indeed marvellous that every person admitted as a writer to the

signet, or as a solicitor, agent, attorney, or no minister will take the pains to investi

procurator, in any of the Courts in Scotland, gate the case, as Lord Robert Grosvenor land by every person admitted or enrolled as a has done, and satisfy himself of the recti- notary public in England, Scotland, or Iretude of the claim, and concede it in a gra- land: And whereas it is expedient that the cious spirit. Every public man must know said duties in respect of such certificates that to uphold the respectability, and to do should be repealed : Be it therefore enacted, justice to the practitioners in the Law, is 1. Duties on annual certificates to be taken

out by attorneys, solicitors, proctors, &c., rehighly important to the welfare of the com

pealed. That from and after the 31st day of munity. The tax rests on no principle,

ests. on no principle: October, 1853, the duties aforesaid payable in either of equality or justice. After six di Scotland, and from and after the 15th day of visions in favour of its repeal, the minister November, 1853, the duties aforesaid paywould be fully justified in including the able in England, and from and after the 6th remission of this impost in his financial day of January, 1854, the duties aforesaid scheme.

payable in Ireland, shall cease and be no longer paid or payable : Provided always, that such

of the said duties as shall at such respective ATTORNEYS' AND SOLICITORS' CER

times have accrued or have become pay

able or due shall be recoverable by the same TIFICATE BILL.

ways or means, and with such and the same

penalties, as if this Act had not passed. We deem it useful to place before our rea

2. Every attorney and solicitor to take out

annually, between the 15th November and the 16th ders a verbatim copy of this Bill, which was December, a certificate to entitle him to pracprepared and brought in by Lord Robert Gros- tise. Every person who has been or shall be venor and Sir Frederick Thesiger; and was admitted or enrolled as an attorney or solicitor ordered to be printed by the House of Com

in any Court of Law or Equity in England or

Wales shall annually, between the 15th day of mons. It is as follows:

November and the 16th day of December, (16 MARCH, 1853.—16 Vict.)

during such time as he shall continue to prac

tise as an attorney or solicitor, or before he A BILL to Repeal the Annual Certificate

ate shall act as an attorney or solicitor, or as such Duty payable by Attorneys, Solicitors, .

18, attorney or solicitor shall sue out any writ or Proctors, Writers to the Signet, and Notaries, and to amend the Law relating to defend any action, suit, or other proceeding in

process, or commence, carry on, solicit, or the Registration of Attorneys and Soli- the name of any other person, or in his own tors.

name, in her Majesty's High Court of ChanPreamble.55 Geo. 3, c. 184.-5 8 6 Vict. cery, or Courts of Queen's Bench, Common C. 82.-- Whereas under or by virtue of an Act Pleas, or Exchequer, or Court of the Duchy of passed in the 55 Geo. 3, intituled “ An Act for Lancaster, or Court of the Duchy Chamber of repealing the Stamp Duties on Deeds, Law | Lancaster at Westminster, or in any of the Proceedings, and other written or printed In-Courts of the Counties Palatine of Lancaster struments, and the duties on Fire Insurances, and Durham, or in any Court of Bankruptcy, and on Legacies, and Successions to Personal or in any Court for the Relief of Insolvent Estate upon Intestacies, now payable in Great Debtors, or in any County Court, or in any Britain, and for granting other Duties in lieu Court of Civil or Criminal Jurisdiction, or in thereof,” and by an Act passed in the 5 & 6 any other Court of Law or Equity, in that part Vict., intituled “ An Act to assimilate the of the United Kingdom of Great Britain and Stamp Duties in Great Britain and Ireland, Ireland called England and Wales, or act as and to make Regulations for collecting and an attorney or solicitor in any cause, matter, managing the same,” certain stamp duties or suit, civil or criminal, to be heard, tried, or specified and contained in the Schedules to determined in either of the Houses of Parliathe said Acts annexed were granted and made ment, or before any justice of assize of oyer payable in Great Britain and Ireland for or in and terminer or gaol delivery, or at any generespect of (amongst other things) certificates ral or quarter sessions of the peace for any to be taken out yearly by every person admit-county, riding, division, liberty, city, borough, ted as an attorney or solicitor in any of his or place, or before any justice or justices, Majesty's Courts at Westminster and Dublin, l or before any Commissioners of her Majesty's or in any of the Courts of the Great Sessions Revenue, obtain from the Registrar of Attorin Wales, or of the Counties Palatine of neys and Solicitors a certificate of his being Chester, Lancaster, and Durbam, or in any duly enrolled as an attorney or solicitor. other Court in England and Ireland holding 3. When such certificate shall bear date and pleas where the debt or damage amounts to when determine.--Every certificate issued by

Attorneys' and Solicitors' Certificate Bill.

453 virtue of this Act between the 15th day of pleasure only, and so from time to time to apNovember and the 16th day of December in point any other fit and proper person, or the every year shall bear date on the 16th day of said Society, to perform the said duties during November in such year, and every certificate pleasure. issued at any other time shall bear date on the 5. On application for certificate, a declaraday on which the same shall be issued; and tion to be signed and entered in a book.For every such certificate shall cease and determine the purpose of obtaining such Registrar's ceron the 15th day of November then next fol- tificate as aforesaid, a declaration in writing, lowing.

signed by such attorney or solicitor or by his 4. Registrar of Attorneys and Solicitors to partner, or in case such attorney or solicitor keep a roll.-6 8 7 Vict. c. 73.--From and shall reside more than 20 miles from London, after the said 15th day of November, 1853, then by his London agent on his behalf, conthere shall be a Registrar of Attorneys and taining his name and place of residence, and Solicitors admitted or enrolled in any such the Court or one of the Courts of which he is Court of Law or Equity in England or Wales, then admitted an attorney or solicitor, toand it shall be the duty of such Registrar to gether with the term and year in or as of keep an alphabetical roll or book, or rolls or which he was so admitted shall be delivered to books, of all attorneys and solicitors, and to the said Registrar, who shall cause all the parissue to persons who have been admitted and ticulars in such declaration to be entered in a enrolled as attorneys or solicitors certificates proper book to be kept for that purpose, which entitling them to practise as such ; and it shall shall be open to the inspection and examinaand may be lawful to and for the Lord Chief tion of all persons without fee or reward; and Justice of her Majesty's Court of Queen's the said Registrar shall, after the expiration of Bench, the Master of the Rolls, the Lord of six days after the delivery of such declaraChief Justice of the Court of Common Pleas, tion (unless he shall see cause and have reason and the Lord Chief Baron of the Court of Ex- to believe that the party applying for such cerchequer (or any three of them, of whom the tificate is not upon the said Roll of Attorneys Master of the Rolls shall be one), to make or Solicitors), deliver to the said attorney or such orders, directions, and regulations touch- solicitor or to his agent, on demand, and upon ing the performance and execution of the payment to the said Registrar, for the use of duties aforesaid as they shall think proper; the said Society, of the sum of and such registrar, or some person duly ap- certificate in the form or to the effect set forth pointed by him, shall have free access to, and in the Schedule to this Act annexed. shall be at liberty from time to time to exa- 6. On Registrar's refusal, application to be mine and take copies or extracts, without fee made to Court.-In case the said Registrar or reward, of all rolls or books kept for the shall decline to issue such certificate as he is enrolment of attorneys and solicitors in any of hereinbefore directed and required to give, the the Courts at Westminster, and for the enrol- party so applying for the same, if an attorney, ment of attorneys and solicitors in the Court shall and may apply to any of the said Courts of the Duchy of Lancaster, or Court of the of Law at Westminster, or to any Judge Duchy Chamber of Lancaster at Westminster, thereof, or, if a solicitor, to the Master of the or in any Courts of the Counties Palatine of Rolls, who are hereby respectively authorised Lancaster and Durham; and the duties of to make such order in the matter as shall be such office of Registrar shall be performed as just, and to order payment of costs by and to in the manner provided and directed by an either of the parties, if they shall see fit. Act passed in the Session of Parliament held 7. In case of neglect to obtain a certificate, in the 6 & 7 Vict., intituled “An Act for con- application to be made to the Court or Judge.-solidating and amending several of the Laws If any attorney or solicitor in England or relating to Attorneys and Solicitors practising Wales shall neglect for one whole year to proin England and Wales,” by the “ Incorporated cure an annual certificate authorising him to Society of Attorneys, Solicitors, Proctors, and practise as such, then and in such case the others, not being Barristers, practising in the said Registrar shall not afterwards grant a Courts of Law and Equity of the United certificate to such attorney or solicitor without Kingdom,” whether by their present or any the order of the Master of the Rolls, in the case future charter of incorporation, unless and of a solicitor, or of one of the Courts of until the Lord Chief Justice of the Court of Queen's Bench, Common Pleas or Exchequer, Queen's Bench, the Master of the Rolls, the or of one of the Judges thereof, in the case of Lord Chief Justice of the Court of Common an attorney, authorising such Registrar to Pleas, and the Lord Chief Baron of the Court issue such certificate; and it shall be lawful of Exchequer (or any three of them of whom for the Master of the Rolls, or for such Court the Master of the Rolls shall be one), shall by or Judge, to make such order, upon such any order under their hands, which order they terms and conditions as he or they shall think are hereby authorised and empowered to make, fit. appoint any fit and proper person to perform 8. Penalty for acting without a certificate, or the said duties in the place and stead of the giving false place of residence.-Every person said Society, which said person shall be called admitted or enrolled as an attorney or solicitor the Registrar of Attorneys and Solicitors, and in any Court of Law or Equity in England or shall hold such office or employment during Wales who shall, in his own name or in the

454

Attorneys' and Solicitors' Certificate Bill.--- New Statutes. name of any other person, sue out any writ or the said Act,] do hereby certify, That E. F., process, or commence, carry on, solicit, or of

hath this day delivered and left defend any action, suit, or other proceeding, in with me a declaration in writing, signed by the any of the Courts aforesaid, or shall in any said E. F., [or by G. H., his partner, or by manner act as an attorney or solicitor, without I. K., his London agent, on his behalf,] conhaving previously obtained a certificate as taining his name and place of residence, and aforesaid which shall be then in force, or who the Court or one of the Courts of which he is shall deliver to the officer appointed by this admitted an attorney or solicitor, together with Act any false or fictitious name or place of re- the Term and the year in or as of which he sidence, contrary to the true intent and mean- was so admitted. And I do further certify, ing of this Act, shall for every such offence that the said E. F. is duly enrolled an attorney forfeit and pay the sum of pounds, to be in the Court of

and a solicitor in recovered, with full costs of suit, by action of the High Court of Chancery, and is entitled to debt, bill, plaint, suit, or information in any of practise as an attorney and solicitor. her Majesty's Courts of Record at West- l' In witness thereof, 'I have this

day minster, wherein no protection nor more than of

in the year 18 set my hand one imparlance shall be allowed, by and in the hereunto. name of the Society of Attorneys, Solicitors, Proctors, and others, not being barristers, practising in the Courts of Law and Equity of

NEW STATUTES EFFECTING ALTEthe United Kingdom, and to be appropriated

RATIONS IN THE LAW. and disposed of by such Society in such manner as they shall deem most expedient; and COMMONS INCLOSURE, No. 2. every such person as aforesaid shall be in.

16 Vict. c. 11. capable of maintaining any action or suit in any Court of Law or Equity for the recovery An Act to authorise the Inclosure of certain of any fee, reward, or disbursement on account

Lands in pursuance of a Report of the Inof prosecuting, carrying on, or defending any

closure Commissioners for England and such action, suit, or proceeding, or for or in

Wales.

[18th March, 1853. respect of any business, act, matter, or thing! Whereas the Inclosure Commissioners for done by him as an attorney or solicitor, whilst England and Wales have, in pursuance of he shall have been without such certificate as “The Acts for the Inclosure, Exchange, and aforesaid.

Improvement of Land,” issued their pro9. Certificate under this Act equivalent to a visional orders for and concerning the prostamped certificate.- All acts which by any law posed inclosures mentioned in the Schedule to now in force are required to be done by an at- this Act, and have in their Eighth Annual Getorney or solicitor having obtained a stamped neral Report certified their opinion that such certificate shall be valid and effectual if done inclosures would be expedient; but the same by an attorney or solicitor having obtained a cannot be proceeded with without the previous certificate under this Act; and that the obtain- authority of Parliament: Be it enacted as fol. ing of a certificate under the provisions of this low:Act by any attorney or solicitor shall be and 1. That the said several proposed inclosures be deemed to be a compliance with the pro- mentioned in the Schedule to this Act be provisions of any law now in force requiring such ceeded with. attorney or solicitor to take out or obtain a 2. And be it enacted, That in citing this Act stamped certificate.

in other Acts of Parliament, and in legal in

struments, it shall be sufficient to use either THE SCHEDULE TO WHICH THE FOREGOING the expression “The Annual Inclosure Act, ACT REFERS.

1853,” or “The Acts for the Inclosure, ExForm of Registrar's Certificate.

change, and Improvement of Land." No. Pursuant to an Act passed in the Session of SCHEDULE TO WHICH THIS ACT REFERS. Parliament held in the

and years in the reign of Queen Victoria, in

Date of Pro

Inclosure, tituled “An Act to repeal the Annual Certi

County.

visional Order. ficate Duty payable by Attorneys, Solicitors, Proctors, Writers to the Signet, and Notaries, and to amend the Law relating to the Registration of Attorneys and So

Tatham . Lancaster . .9th Dec, 1852. licitors,” I, A, B., Registrar of Attorneys Lynby Wighay. Nottingbam . 4th June, 18% and Solicitors appointed under the said

High Callerton Nortbumberland 2nd Nor. 1852. Act, [or I, C. D., Secretary of the Society of

Ifield . .Sussex . . 23rd Nov. 1852. Attorneys, Solicitors, Proctors, and others, Norton Common Southampton

Kentmere. Westmoreland .5th Jan, 1853. not being Barristers, practising in the Courts Prestwick Carr Northumberland 5th Jan. 183

.21st Jan. 18 of Law and Equity of the United Kingdom, authorised to perform the duties of the office of Registrar of Attorneys and Solicitors under

18

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