« EelmineJätka »
cause be removed and then the effect will be found very different. Nor do I conclude the depravity of law clerks from their poverty, as "L." seems to suppose. Poverty is not a crime, but nevertheless, magnum pauperies opprobium jubet quidvis et facere et pati, virtutisque viam deserit arduæ (Horat).
an annual certificate, which, if once omitted, may cancel all his previous qualifications.
If the alterations proposed were carried into effect, the members of the Profession would still possess entire control over the introduction of its new members. A clerk would first have to prevail on his principal to enter into a writHigher qualifications being made essentially ten contract to give him all necessary instrucrequisite in connexion with the reduction of tion. A stranger would not do it, any more the stamp duty; it would afford no facilities for the introduction of the idle, the worthless, and the depraved, but would offer every inducement for a better class of clerks to seek engagements in a solicitor's office.
than a tradesman would take an apprentice, without a premium. The result, therefore, would be, that employers in promoting their deserving clerks, would be relieved from the chief expense; the gift of articles would probably be a favour more freely bestowed, although from the high qualifications ultimately necessary for admission on the Roll, its full advantages might not be more frequently re
The elevation of ordinary clerks by their employers to the position of those who have been articled by their friends or at their own expense, is an injustice to articled clerks-not to the Profession, as I imagine has been as-alised than under existing regulations. sumed. If I had an articled clerk serving An alternative originally proposed, in conwithout salary, &c. &c., and a general clerk nexion with reduction of the duty, appears to who exhibited remarkable diligence and intel- have escaped attention, namely,- increasing the ligence, I consider the former would have fees on admission. This would prevent any strong grounds for complaint if I placed the inundation of small practitioners, which would latter with him on a professional equality. be anything but desirable, and at the same The necessity of a higher standard of legal time afford more encouragement than at preattainments is unanimously admitted, and the sent to students of the Law. Solicitors are at demand will soon become irresistible. But it present placed in a situation of peculiar diffiis evident that the proposed addition of classi- culty in finding clerks thoroughly qualified to cal, mathematical, and literary qualifications as fill posts of responsibility, on account of the requirements from the Candidates, cannot be risk in employing those who have been adeffected without the intervention of the Legis- mitted and are fully privileged to practise, and lature; and feeling that if the stamp duty is to may be seeking to establish a connexion for be reduced at all, it must be done at the same themselves. Now a clerk examined, but not time, I am reluctant to accede to a partial admitted, would possess every advantage, and reformation. Your correspondent "L." ex-none of the disadvantages, of duly attested presses himself highly favourable to altering the qualifications, but still refuses to admit the justice and expediency of reducing the stamp. In my estimation, the latter is not the least important, as an alteration that would effect a radical change in the constitution of the legal body, as likely to be productive of the greatest benefit, and as the only remedy for the Μεγιστον των κακών.
Your correspondent appears to regard the removal of the pecuniary barrier, as opening a clear way for a general rush in the ranks of the Profession. It is true there are some who seem to consider that everything consists in their being articled, who postpone their qualifications till the close of their term of clerkship, and then are terrified and dismayed at the prospect, even of the present very inadequate examination. But it must be remembered there are other things often more difficult for a young man to manage than defraying the expenses attending his being articled. A practising solicitor must be found, willing to take him as clerk,-five years' service must then be completed, an examination must be satisfactorily passed, rigorously testing his proficiency (for though a stricter examination might be introduced without reducing the stamp, it would certainly be most imprudent to make any reduction without increasing the qualifications). Then he has to be admitted on the Rolls of the various Courts, and, to practise, must take out
legal attainments, if rendered unable to encroach on his principal's practice, by neglect ing to exercise, and perhaps by forfeiture of the right to admission.
I would ask,-was the reduction of the stamp duty one-third, by 16 & 17 Vict. c. 63, attended with any mischievous results? and of what use is the present imposition? Who are benefited by it? "L." has urged the burdens of the late war as a reason for postponing their repeal. If he proposes to continue it until it has defrayed those expenses, he may as well throw in the national debt as far as the present and many future generations are concerned. We may safely assume, I think, that the number annually being articled, is not greater than those examined; taking the last examination as an average, the gross annual amount would not exceed 30,000l. What sensible proportion does this sum bear to the national revenue. It humbly strikes me that in the present case we should not be unpatriotic in confining our attention to its results on the Profession-regardless of it not being peλuos y Toλel. And as to the utility of it; I would again, with all due deference submit, that it neither affords "security to the Public, nor satisfaction to the Profession" (as a body), "of the wealth and respectability of the aspirants." The public
'This applies rather to the repeal of the certificate duty than the stamp on articles.
Legal Education.—Summer Circuits of the Judges, 1856.
would be more secure were it expended in the condition of the medical profession as an adding to their qualifications; and the Profes- illustration of the probable effects to the Legal sion (individually) would have a better oppor- Profession of the proposed amendments. tunity of judging the worthiness and respectability of candidates, by long and intimate connexion with them as office clerks. No principal would enter into a contract in writing, or bind himself to keep a clerk five years, without having full and satisfactory evidence as to his general character, much less give him his articles unless he was worthy of his confidence, and in every respect deserving patronage and encouragement.
For the many reasons I have adduced, and others too numerous to mention, I feel persuaded that any candid and unprejudiced person would be fully satisfied that a reduced stamp duty, combined with an increased qualification, would be sufficient security to the Public. The Profession of the Law must never be exercised by inexperienced or incompetent persons. Other cailings may be followed by those not duly qualified, but rarely with success; and their failure only serves as a warning to others, without inflicting any serious inconvenience on the Public. But there are professions which, from their nature, are most liable to be practised by unqualified persons, and their improper exercise is attended with such serious public evils, that it is necessary they should be placed under restrictions by the legislature. Hence it was wisely enacted that no person should exercise the professions of physicians, surgeons, and apothecaries, or solicitors and attorneys, without being first examined and pronounced duly qualified. By various Acs and charters (28 Hen. 8, 5 Car. 1, 40 Geo. 3, 7 Vict., 55 Geo. 3) the exercise of the medical profession is confined to those who have been examined and certified according to regulations therein provided. But there is no heavy stamp payable, not even by those required to be articled for five years to apothecaries. What necessity was there for making articles of clerks to attorneys a special exception in the Schedule to 16 & 17 Vict. c. 59. The Medical and Legal Professions, in many respects, are precisely similar: they are both placed under restrictions by Parliament; both are entrusted with investigating the qualifications of their members. The doctor and the lawyer must always be men of skill: one is concerned for the body, the other for the estate. And probably the professional man entrusted with the care of the former, has a more serious charge than the latter. Life once lost through an unskilful practitioner, there is no recovery; but an estate lost may be wrested back by its rightful owner. Surely the same object may be attained, the same evils prevented, by the same regulations and restrictions. Now it is a very curious thing doctors have not got such a bad name as lawyers; yet their profession has no pecuniary barrier to preserve its respectability, nor is its absence attended with any of those evil results which seem to be considered as the inevitable consequences of repealing the stamp duty. I would venture, therefore, to submit
In taking leave of this subject, especially with regard to that important alteration in which I have appeared as solitary advocate, I cannot but regret that it has not fallen into abler hands than mine. I must, however, rest content with having brought it under the notice of the Profession, and leave it to its merits. The Incorporated Law Society will doubtless do its duty. Time would but show its beneficial effects, and experience prove that an equal start being afforded to all, the worthy alone will bear away the prize.
SUMMER CIRCUITS OF THE
Crowder, J., will remain in Town.
Lord Campbell, C. J. and Coleridge, J.
Jervis, L. C. J., and Cresswell, J.
Wednesday, July 16, Lincoln and City.
Pollock, L. C. B., and Erle, J.
Alderson, B., and Wightman, J.
Platt, B., and Martin, B.
Summer Circuits of the Judges, 1856.—Court of Bankruptcy.
Monday, July 28, Bodmin.
Tuesday, July 15, Newtown.
Thursday, July 24, Beaumaris.
Saturday, July 26, Ruthin.
Saturday, August 2, Chester and City.
Saturday, July 5, Cardiff.
missioner Holroyd from July 16 to August 15, and Mr. Commissioner Fane from December 1 to 15, and the following Saturday rotation days.- July 19, August 9 and 16, November 15, and December 13.
Mr. Commissioner Goulburn will take the duty of Mr. Commissioner Fonblanque from August 16 to 31, and October 16 to 31.
Mr. Commissioner Fane will take that of Mr. Commissioner Fonblanque from September 1 to 15.
Mr. Commissioner Evans will sit for Mr. Commissioner Fonblanque from September 16 to October 15.
Mr. Commissioner Fane will take the business of Mr. Commissioner Evans from July 1 to August 31, and that of Mr. Commissioner Fonblanque from September 1 to 15, and the following Saturday rotation days.-July 26,
Wednesday, July 16, Haverfordwest & Town. August 2 and 23, September 13, and No
Saturday, July 19, Cardigan.
Thursday, July 24, Carmarthen.
Monday, July 28, Brecon.
Thursday, July 31, Presteign.
Saturday, August 2, Chester and City.
Mr. Commissioner Evans will take the business of Mr. Commissioner Fane from September 16 to October 31, and Mr. Commissioner Fonblanque from September 16 to October 15 and the following Saturday rotation days.September 27, October 4 and 25, November 29, and December 23.
Mr. Commissioner Fane will take the business of Mr. Commissioner Evans from July 1 to August 31.
Mr. Commissioner Holroyd will take the place of Mr. Commissioner Evans from September 1 to 15.
Mr. Commissioner Fonblanque will take that of Mr. Commissioner Goulburn, and Mr. Com
Mr. Commissioner Evans will take Mr. Commissioner Fane's place from September 16 to October 31.
Mr. Commissioner Holroyd will sit for Mr. Commissioner Fane from November 15 to 30.
Mr. Commissioner Fonblanque will take the place of Mr. Commissioner Fane from December 1 to 15.
Mr. Commissioner Holroyd will take Mr. Commissioner Goulburn's place from July 1 to 15, and September 1 to 30; Mr. Commissioner Evans from September 1 to 15, and Mr. Commissioner Fane from November 15 to 30, and the following Saturday rotation days. -July 5 and 12, September 6 and 20, and November 22.
Mr. Commissioner Fonblanque will sit for Mr. Commissioner Holroyd from July 16 to August 15.
Mr. Commissioner Goulburn will sit for Mr. Commissioner Holroyd from August 16 to 31, and October 1 to 31.1
Mr. Commissioner Goulburn will take the Commissioner Fonblanque from August 16 to duties of Mr. Commissioner Holroyd, and Mr. 31; Mr. Commissioner Holroyd from October from October 16 to 31, and the following Sa1 to 31, and Mr. Commissioner Fonblanque and 18, November 1, and December 6. turday rotation days.-August 30, October 11
Mr. Commissioner Holroyd will sit for Mr. Commissioner Goulburn from July 1 to 15, and September 1 to 30.
Mr. Commissioner Fonblanque will sit for Mr. Commissioner Goulburn from July 16 to August 15.
Mr. Commissioner Goulburn's ordinary rotation day will be on Monday instead of Saturday, commencing on Monday, July 7. No sittings to be appointed for a Commissioner during his vacation, except such as are absolutely necessary; and no sittings to be appointed for the Saturday rotation days after one o'clock in the afternoon, so that on a Saturday, if the sittings fixed for the day be over, the Court may close at 2 o'clock.
Parliamentary Proceedings relating to the Law.-Law District Improvements.
RELATING TO THE LAW.
Poor Law Amendment.-Mr. Bouverie. For 2nd reading.
Church Rates Abolition.-Sir W. Clay. In Committee.
Amended Formation of Parishes.-Marquis of Blandford. In Committee.
Advowsons.-Mr. Child. In Committee.
Public Health Amendment. For 2nd read
Joint-Stock Companies. Re-committed.
Charitable Uses. For 2nd reading, June 17. Police Counties and Boroughs. In Committee.
Marriages in Scotland.-Lord Brougham. For 3rd reading.
Clergy Offences.-Bishop of Exeter. 2nd reading.
Sleeping Statutes-For 2nd reading. Oath of Abjuration.-Lord Lyndhurst. For 2nd reading, June 23.
Judicial Statistics.-Lord Brougham. For 2nd reading.
Bankruptcy (Scotland).-Lord Chancellor. Report of Committee, June 23.
In Select Committee..
Drainage Act Amendment.
Divorce and Matrimonial Causes.
Drafts on Bankers.
Mercantile Law Amendment.
House of Commons.
Leases and Sales of Settled Estates. For 2nd reading, June 23.
Appellate Jurisdiction. For 2nd reading, June 23.
Law of Partnership (No. 2).—Mr. Lowe. In Committee, June 24.
Joint-Stock Companies' Winding-up Acts Amendment. For 2nd reading.
County Courts Amendment. For 2nd reading, June 23.
Medical Profession. Re-committed.
Qualification of Justices of the Peace.-Mr.
London Corporation.-Sir G. Grey. For 2nd reading.
Courts of Common Law (Ireland). Re-Committed.
CENTRAL THOROUGHFARE FROM THE WEST
It will be observed that the old buildings on the north side of Carey Street, next Chancery Lane, are now nearly pulled down. This forms part of the site described in the Government plan as the "main central thoroughfare from the west end of London to the City." And we understand that a deputation has been
Mercantile Law Amendment. For 2nd read-appointed on the part of the Legal authorities
ing, June 26.
Mercantile Law (Scotland). For 2nd reading, June 26.
Corrupt Practices Prevention.-Lord Pal
Judgments, Execution, &c.-Mr. Craufurd.
Amendment of Procedure and Evidence.-
Testamentary and Matrimonial Jurisdiction.
Judge and Chancellors (Ecclesiastical). For 2nd reading.
in the Rolls Library and other public bodies, to attend the Metropolitan Board of Works on the 27th instant, in order to induce the Board to fix the line of the new central street, proposed to pass through the Rolls estate to Fetter Lane, and thence across Farringdo Street to St. Pauls.
We are informed that the Law Fire Insurance Company have purchased several houses on the north side of Carey Street, subject to the street being widened, and that their new offices will be erected there, an excellent position considered with reference to the new street and to the Incorporated Law Society.
Law District Improvements.-Sittings in Chancery.-Notes of the Week.
Two Life Insurance Offices, it appears will also Thursday preceding the Saturday on which it is soon be built in Chancery Lane. intended they should be heard.
AT LINCOLN'S INN.
June 19, 26; July 3, 10, 17, 29.-1st, 2nd, 3rd, 4th, 5th, and 6th Seals.-Motions and General Paper.
June 20, 27; July 4, 11, 18, 25.—Petitions and General Paper.
King's College hospital, situate further on in Carey Street, will form part of the great central street, and we shall then only have to urge a decision on the proposed site of the new Courts and Offices, which are proposed to be placed between Carey Street and the Strand. If we had a Minister of Public Works like the Emperor of the French, all these projected improvements might be effected in three years. Let all parties interested in the movement be-16, stir themselves to effect at least a commencement of these beneficial public works.
SITTINGS IN CHANCERY.
After Trinity Term, 1856.
AT LINCOLN'S INN.
Short Claims, and Causes.
June 23, 24, 25, 30; July 1, 2, 7, 8, 9, 14, 15, 21, 22, 23, 24, 28.-Pleas, Demurrers, Exceptions, Causes, Claims, and Further Directions.
After the Second Seal, the Vice-Chancellor will hear Exceptions and Further Directions, and Further Considerations, in priority to original Causes.
AT LINCOLN'S INN.
June 19, 26; July 3, 10, 17, 29.-1st, 2nd, 3rd, 4th, 5th, and 6th Seals.-Motions.
June 19, 26; July 3, 10, 17, 29.-1st, 2nd, 3rd, 4th, 5th, and 6th Seals.-Appeal Motions and peals.
June 20; July 30.-Petitions and Appeals. June 21, 23, 24, 25, 27, 28, 30; July 1, 2, 4, 5, 7, 8, 9, 11, 12, 14, 15, 16, 18, 19, 21, 22, 23, 24, 25, 26, 28.-Appeals.
Notice. Such days as his Lordship is hearing Appeals in the House of Lords excepted.
AT LINCOLN'S INN.
June 19, 26, July 3, 10, 17, 29.-1st, 2nd, 3rd, 4th, 5th, and 6th Seals.-Appeal Motions and Ap. peals.
June 20, 27; July 4, 11, 18, 25.-Petitions in Lunacy and Bankruptcy,and Appeal Petitions. June 21, 23, 24, 25, 28, 30; July 1, 2, 5, 7, 8, 9, 12, 14, 15, 16, 19, 21, 22, 23, 24, 26, 28.-Appeals. Notice-The days (if any) on which the Lords Justices shall be engaged at the Judicial Committee of the Privy Council are excepted.
Master of the Rolls.
AT CHANCERY LANE.
June 19, 26; July 3, 10, 17, 29.-1st 2,nd 3rd, 4th, 5th, and 6th Seals.-Motions.
June 20, 21, 23, 24, 25, 27, 30; July 1, 2, 4, 5, 7, 8, 9, 11, 12, 14, 15, 16, 18, 19, 21, 22, 23, 24, 25,
June 21, 28; July 5, 12, 19, 28.-Short Causes and Claims, and General Paper.
16, 21, 22, 23, 24, 25.-Pleas, Demurrers, Excep. June 23, 24, 25, 50; July 1, 2, 7, 8, 9, 14, 15, tions, Causes, Claims, and Further Directions. July 26.-General Petition Day.
26, 28.- Plens, Demurrers, Exceptions, Further COMMON LAW SITTINGS AT NISI
Directions, Further Considerations, and Further Directions and Costs, until all are disposed of, and then the General Cause Book.
Short Causes, Short Claims, Consent Causes,
at the Sitting of the Court.
Notice.-Consent Petitions must be presented Thursday and copies left with the Secretary on or before the
16 Inland Revenue and Com
18 Common Juries.
19 Special Juries and Common
Juries (if necessary).