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Prizes in the Faculties of Law in France.
practice, would have been either excluded altogether, or their admission long delayed. In this age of free competition of all kinds, it may be questioned whether the popular branch of the legislature could be induced to prohibit every one from entering into articles of apprenticeship who had not received a classical education; and it is admitted that the proposition of a preliminary examination cannot be carried into full effect without an act of Parliament.
With regard, however, to the apprehended exclusion of persons who have not received a liberal education, it may be replied that the same amount of industry and talent which enables an attorney not only to pass his legal
examination, but to establish himself in successful practice, would rapidly surmount the difficulty attendant upon the acquisition of classical or modern languages, and enable him to attain some mathematical knowledge, and some skill in English composition. His feeling of ambition would not be gratified by escaping from an examination which the great body of his profession had successfully passed.
PRIZES IN THE FACULTIES OF LAW
IN March, 1840, the late King Louis Philippe instituted annual prizes in the Faculties of Law, founded on the report of M. Cousin, which is quoted by Mr. Jones in his valuable history of the French Bar.* The report states that,
"The study of the law is one of the most important subjects which have been confided to the University, and every body admits that it demands a new impulse, to give it that elevated position at which it had arrived in France in the sixteenth and seventeenth centuries. Seconded by the Royal Council of Public Instruction and the Commission on Law Studies instituted by the Royal Decision of the 29th of June, 1838, I trust I shall be able successively to propose to your Majesty such measures as will ameliorate the study of the law in the nine Faculties of the kingdom. At present, I have the honour to submit to your Majesty a primary measure, the utility of which is incontestible, namely, the regular establishment of Prizes in the Faculties of Law. "In the present state of things the students of the Faculties of Law undergo certain examinations for the degrees of Bachelor, Licentiate, and Doctor; but these examinations are individual, and do not afford matter of comparison between the candidates. Hence the absence of that emulation, which certainly must not be too much developed, but which must not either be stifled in the heart of man, because it is the source of all noble works. branch of Public Instruction is perhaps overcharged The secondary with prizes, the superior branch has none whatever. I therefore purpose filling up this blank, beginning
with the Faculties of Law.
"The Faculties of Poitiers and Aix have already taken an honourable initiate. I have asked the Faculty of Paris for a note on this subject; I have consulted the High Commission, which has been
* Published by Benning & Co.
unanimous as to the utility of this institution; and the Royal Council of Public Instruction has no less favourably entertained it. It has been tried, and experience has confirmed it in two countries where legal studies are flourishing, in Holland and Germany. More than one dissertation, crowned in the German and Dutch Universities, has awakened a talent, created a vocation, decided a career. times even works have been produced by those competitions which have taken rank in science. Why should not the same institution produce the same fidence to your Majesty the accompanying ordinance, result among us? I therefore propose with condeliberated in the Royal Council of Public Instrucwhich will be followed by a special regulation tion. The Ordinance lays down the principles, the Regulation will apply them; and here the principles
are extremely simple.
"It has appeared to me useless to establish any first and second year, whose studies are not as yet competition or prizes in favour of students of the sufficiently advanced to merit any other recompense But we shall be greatly encouraging, although in than the degree after the ordinary examinations. the first and second year, by placing at the end of an indirect manner, the labour of the students of the third a competition, to which there shall be themselves in the examinations of the preceding admitted such students only as have distinguished years; at the same time the studies will then be sufficiently advanced to lead to results of some importance from this competition. There will be two subjects for the prizes, both taken from the matters which have been taught: the one from the French, the other from the Roman Law. Law, to show a just solicitude for Roman Law, that I have been desirous, without ceasing to honour our National which forms the foundation of the civil legislation law which has been called La Raison écrite, and of all Europe. Besides, the Roman Law, in order requiring a patient and assiduous study of Roman to be well understood, offers the advantage of Orators, and almost all the monuments of ancient Antiquity, the Jurisconsults, the Historians, the Rome; and your Majesty knows how necessary it ingenious youth. is to encourage the love of labour in our lively and
petition of a different kind will be opened between "But at the end of the fourth year, a comthe aspirants to the degree of Doctor and the Doctors of that and the preceding year. The competition of the third year is rather of a scholastic character; proposed by the Faculty, and which the Minister this one will be academic: it will treat upon matters himself, assisted by the High Commission of Studies and the Royal Council, shall select, and although confined to the studies of the schools, shall be the case of all academic competitions, shall be destined to be useful to science. The matters, as in published eight months in advance.
"We may therefore reasonably hope that these competitions will be productive of some truly remarkable dissertations, and that the laureates, by with judicial science as will bind them to this their very success, will contract such engagements important study, and induce them to adopt the career of teachers. Thus will be formed a nursery for the recruiting of Professors of Law.
“Finally, these different prizes, with the advantages attached to them, should be proclaimed at the meeting for the Annual Opening of the Faculties, and be the occasion of a solemnity like that for the
New Statutes effecting Alterations in the Law.
distribution of prizes in our Colleges. solemnity would arouse more than one generous ambition, and the serious reports that would there be read, would mark successively, from year to year, the progress of the studies in each Faculty, and would keep up among all the Faculties of the kingdom a noble emulation, and that peaceful and regular movement which is the soul of everything.
"If your Majesty deigns to approve of these principles and these dispositions, your Majesty will be pleased to affix your signature to the accompanying Ordinance, &c.""
"The terms of the Royal Ordinance of the 17th March, 1840, establishing the different prizes in the Faculties of Law, are as follow:
"Art. 1. Prizes and honourable mentions shall be distributed every year in all the Faculties of Law in the kingdom, according to the result of a competition which shall take place:-first, among the students of the third year; secondly, among those of the fourth year, aspiring to the degree of Doctor, and the Doctors received by each Faculty, whether in the course of that year or the preceding one.
"2. Two first and two second prizes shall be distributed among the students of the third year:first, for a composition written on a subject of Roman Law; and secondly, a composition on a subject of French Law, chosen among the different matters taught in the Faculties of Law.
3. Two gold medals shall be awarded to students of the fourth year, aspirants for the degree of Doctor, and the Doctors, for a written dissertation, the subject of which, chosen by the Minister of Public Instruction from a list of questions taken from the different matters of law which are taught, shall have been published eight months in advance.
"4. The students of the third year who shall have obtained a first or second prize, shall have no fees to pay for their inscriptions, examinations, and diploma of doctor.
5. A regulation, settled by the Royal Council of Public Instruction, shall determine the conditions of admission to the competition, and the manner in which it shall be carried out.
"6. The distribution of prizes and medals shall take place every year at the solemn sitting of the opening of each Faculty.''
It appears that there are other prizes, both of a public and private character, attached to the Faculties of Law, in favour of the successful competitors of the two classes above mentioned, but which it will not be necessary to notice more fully, sufficient having been said to show the nature of the annual prizes, and their value and importance as incentives to studious exertion.
NEW STATUTES EFFECTING ALTER-
THE MERCANTILE LAW AMENDMENT ACT, 1856. 19 & 20 Vic. c. 97.
1. Persons acquiring title to goods before they have been seized or attached under a writ against the seller protected.
2. Specific delivery of goods sold.
4. Guarantee to or for a firm to cease upon a change in the firm, except in special cases.
5. A surety who discharges the liability to be entitled to assignment of all securities held by the creditor.
6. Acceptance of a bill inland or foreign to be in writing on it, and signed by the acceptor or his agent.
7. What are to be deemed "Inland Bills."
8. With reference to the repairs of ships, every port within the United Kingdom, &c., a home port.
9. Limitation of actions for "Merchants' Accounts." 10. Absence beyond seas or imprisonment of a creditor not to be a disability.
11. Period of limitation to run as to joint debtors in the kingdom, though some are beyond seas; judgment recovered against joint debtors in the kingdom to be no bar to proceeding against others beyond seas after their return. 12. Definition of "beyond seas," within 4 & 5 Anne, c. 16, and this act.
Provisions of 9 Geo. 4, c. 14, ss. 1 & 8, and
14. Part payment by one contractor, &c., not to
16. Short title.
17. Extent of act.
The following are the title, preamble, and sections of the act:
An Act to amend the Laws of England and Ireland
affecting Trade and Commerce. [29th July, 1856. WHEREAS inconvenience is felt by persons engaged in trade by reason of the laws of England and Ireland being in some particulars different from those of Scotland in matters of common occurrence in the course of such trade, and with a view to remedy such inconvenience it is expedient to amend the laws of England and Ireland as herein-after is mentioned: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1. No writ of fieri facias or other writ of execution, and no writ of attachment against the goods of a debtor, shall prejudice the title to such goods acquired by any person bona fide and for a valuable consideration before the actual seizure or attachment thereof by virtue of such writ; provided such person had not, at the time when he acquired such title, notice that such writ, or any other writ by virtue of which the goods of such owner might be seized or attached, had been delivered to and remained unexecuted in the hands of the sheriff, under-sheriff, or
2. In all actions and suits in any of the superior courts of common law at Westminster or Dublin, or
3. Consideration for guarantee need not appear by in any court of record in England, Wales, or Ireland,
for breach of contract to deliver specific goods for a
New Statutes effecting Alteratims in the Law.
price in money, on the application of the plaintiff, and by leave of the judge before whom the cause is tried, the jury shall, if they find the plaintiff entitled to recover, find by their verdict what are the goods in respect of the non-delivery of which the plaintiff is entitled to recover and which remain undelivered; what (if any) is the sum the plaintiff would have been liable to pay for the delivery thereof; what damages (if any) the plaintiff would have sustained if the goods should be delivered under execution, as herein-after mentioned, and what damages if not so delivered; and thereupon, if judgment shall be given for the plaintiff, the court or any judge thereof, at their or his discretion, on the application of the plaintiff, shall have power to order execution to issue for the delivery, on payment of such sum (if any) as shall have been found to be payable by the plaintiff as aforesaid, of the said goods, without giving the defendant the option of retaining the same upon paying the damages assessed; and such writ of execution may be for the delivery of such goods; and if such goods so ordered to be delivered, or any part thereof, cannot be found, and unless the court, or such judge or baron as aforesaid, shall otherwise order, the sheriff, or other officer of such court of record, shall distrain the defendant by all his lands and chattels in the said sheriff's bailiwick, or within the jurisdiction of such other court of record, till the defendant deliver such goods, or, at the option of the plaintiff, cause to be made of the defendant's goods the assessed value or damages, or a due proportion thereof; provided that the plaintiff shall, either by the same or a separate writ of execution, be entitled to have made of the defendant's goods the damages, costs, and interest in such action or suit.
3. No special promise to be made by any person after the passing of this act to answer for the debt, default, or miscarriage of another person, being in writing, and signed by the party to be charged therewith or some other person by him thereunto lawfully authorised, shall be deemed invalid to support an action, suit, or other proceeding to charge the person by whom such promise shall have been made, by reason only that the consideration for such promise does not appear in writing, or by necessary inference from a written document.
4. No promise to answer for the debt, default, or miscarriage of another made to a firm consisting of two or more persons, or to a single person trading under the name of a firm, and no promise to answer for the debt, default, or miscarriage of a firm consisting of two or more persons, or of a single person trading under the name of a firm, shall be binding on the person making such promise in respect of anything done or omitted to be done after a change shall have taken place in any one or more of the persons constituting the firm, or in the person trading under the name of a firm, unless the intention of the parties, that such promise shall continue to be binding notwithstanding such change, shall appear either by express stipulation or by necessary implication from the nature of the firm or otherwise,
5. Every person who, being surety for the debt or duty of another, or being liable with another for any debt or duty, shall pay such debt or perform such duty, shall be entitled to have assigned to him, or to a trustee for him, every judgment, specialty, or other security which shall be held by the creditor in respect of such debt or duty, whether such judgment, specialty, or other security shall or shall not be deemed at law to have been satisfied by
the payment of the debt or performance of the duty, place of the creditor, and to use all the remedies, and such person shall be entitled to stand in the and, if need be, and upon a proper indemnity, to proceeding, at law or in equity, in order to obtain use the name of the creditor, in any action or other from the principal debtor, or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by the person who shall have so paid such debt or performed such duty, and such payment or performance so made by such surety shall not be pleadable in bar of any such action or other proceeding by him: Provided always, that no co-surety, co-confrom any other co-surety, co-coutractor, or co-debtor tractor, or co-debtor shall be entitled to recover by the means aforesaid, more than the just proportion to which, as between those parties themselves, such last-mentioned person shall be justly liable.
6. No acceptance of any bill of exchange, whether inland or foreign, made after the thirty-first day of December one thousand eight hundred and fifty-six, shall be sufficient to bind or charge any person, unless the same be in writing on such bill, or, if there be more than one part of such bill, on one of the said parts, and signed by the acceptor or some person duly authorised by him.
7. Every bill of exchange or promissory note drawn or made in any part of the United Kingdom of Great Britain and Ireland, the islands of Man, Guernsey, Jersey, Alderney, and Sark, and the islands adjacent to any of them, being part of the dominions of her Majesty, and made payable in or drawn upon any person resident in any part of the said United Kingdom or islands, shall be deemed to be an Inland bill; but nothing herein contained shall alter or affect the stamp duty, if any, which, but for this enactment, would be payable in respect of any such bill or note.
8. In relation to the rights and remedies of persons having claims for repairs done to, or supplies furnished to or for, ships, every port within the United Kingdom of Great Britain and Ireland, the islands of Man, Guernsey, Jersey, Alderney, and being part of the dominions of her Majesty, shall be Sark, and the islands adjacent to any of them, deemed a home port.
9. All actions of account or for not accounting, merchandise between merchant and merchant, their and suits for such accounts, as concern the trade of factors or servants, shall be commenced and sued suits, or when such cause has already arisen then within six years after the cause of such actions or within six years after the passing of this act; and no claim in respect of a matter which arose more than six years before the commencement of such action or suit shall be enforceable by action or suit prised in the same account having arisen within six by reason only of some other matter of claim comyears next before the commencement of such action or suit.
10. No person or persons who shall be entitled to any action or suit with respect to which the period of limitation within which the same shall be brought is fixed by the act of the twenty-first year of the reign of King James the First, chapter sixteen, section three, or by the act of the fourth year of the reign of Queen Anne, chapter sixteen, section seventeen, or by the act of the fifty-third year of the reign of King George the Third, chapter one hundred and twenty-seven, section five, or by the acts of the third and fourth years of the reign of King
New Statutes effecting Alterations in the Law.
others of such co-contractors or co-debtors, execu
William the Fourth, chapter twenty-seven, sections
11. Where such cause of action or grit with respect to which the period of limitation is fixed by the enactments aforesaid or any of them lies against two or more joint debtors, the person or persons who shall be entitled to the same shall not be entitled to any time within which to commence and sue any such action or suit against any one or more of such joint debtors who shall not be beyond the seas at the time such cause of action or suit accrued, by reason only that some other one or more of such joint debtors was or were at the time such cause of action accrued beyond the seas, and such person or persons so entitled as aforesaid shall not be barred from commencing and suing any action or suit against the joint debtor or joint debtors who was or were beyond seas at the time the cause of action or suit accrued after his or their return from beyond seas, by reason only that judgment was already recovered against any one or more of such joint debtors who was not or were not beyond seas at the time aforesaid.
12. No part of the United Kingdom of Great Britain and Ireland, nor the islands of Man, Guernsey, Jersey, Alderney, and Sark, nor any islands adjacent to them, being part of thedominions of her Majesty, shall be deemed to be beyond seas within the meaning of the act of the fourth and fifth years of the reign of Queen Anne, chapter sixteen, or of this act.
13 In reference to the provisions of the acts of the ninth year of the reign of King George the Fourth, chapter fourteen, sections one and eight, and the sixteenth and seventeenth years of the reign of her present Majesty, chapter 113, sections twentyfour and twenty-seven, an acknowledgment or promise made or contained by or in a writing signed by an agent of the party chargeable thereby, duly authorised to make such acknowledgment or promise, shall have the same effect as if such writing had been signed by such party himself.
14 In reference to the provisions of the acts of the twenty-first year of the reign of King James the First, chapter sixteen, section three, and of the act of the third and fourth years of the reign of King William the fourth, chapter forty-two, section three, and of the act of the sixteenth and seventeenth years of the reign of her present Majesty, chapter 113, section twenty, where there shall be two or more co-contractors or co-debtors, whether bound or liable jointly only or jointly and severally, or executors or administrators of any contractor, no such co-contractor or co-debtor, executor, or administrator shall lose the benefit of the said enactments or any of them, so as to be chargeable in respect or by reason only of payment of any principal, interest, or other money, by any other or
15. In order to enable the superior courts of common law at Westminster and Dublin, and the judges thereof respectively, to make rules and regulations, and to frame writs and proceedings, for the purpose of giving effect to this act, the 223rd and 224th sections of "the Common Law Procedure Act, 1852," shall, so far as this act is to take effect in England, and the 233rd and 240th sections of "the Common Law Procedure Amendment Act (Ireland), 1853," shall, so far as this act is to take effect in Ireland, be incorporated with this act, as if those provisions had been severally herein repeated and made to apply to this act.
16. In citing this act it shall be sufficient to use the expression "the Mercantile Law Amendment Act, 1856."
17. Nothing in this act shall extend to Scotland.
EVIDENCE IN MATTERS PENDING BEFORE FOREIGN
19 & 20 Vic. c. 113.
1, Order for examination of witnesses in this
2. Certificate of ambassador &c., sufficient evi-
3. Examination of witnesses to be taken upon
4. Payment of expenses.
5. Persons to have right of refusal to answer
6. Certain courts and judges to have authority
The following are the title, preamble, and sections
An Act to provide for taking Evidence in her
WHEREAS it is expedient that facilities be afforded
1. Where, upon an application for this purpose, it is made to appear to any court or judge having authority under this act that any court or tribunal of competent jurisdiction in a foreign country, before which any civil or commercial matter is pending, is desirous of obtaining the testimony in relation to such matter of any witness or witnesses within the jurisdiction of such first-mentioned court, or of the court to which such judge belongs, or of such judge, it shall be lawful for such court or judge to order the examination upon oath, upon interrogatories or otherwise, before any person of
New Statutes.-Law of Divorce and Matrimonial Causes.
persons named in such order, of such witness or witnesses accordingly; and it shall be lawful for the said court or judge, by the same order, or for such court or judge or any other judge having authority under this act, by any subsequent order, to command the attendance of any person to be named in such order, for the purpose of being examined, or the production of any writing or other documents to be mentioned in such orde, d to give all such directions as to the time, place, and manner of such examination, and all other matters connected therewith, as may appear masenable and just; and any such order may be enforced in like manner as an order made by such court or judge in a cause depending in such court or before such judge.
2. A certificate under the hand of the ambassador, minister, or other diplomatic agent of any foreign power, received as such by her Majesty, or in case there be no such diplomatic agent, then of the consul general or consul of any such foreign power at London, received and admitted. as such by her Majesty, that any matter in relation to which an application is made under this act is a civil or commercial matter pending before a court or tribunal in the country of which he is the diplomatic agent or consul having jurisdiction in the matter so pending, and that such court or tribunal is desirous of obtaining the testimony of the witness or witnesses to whom the application relates, shall be evidence of the matters so certified; but where no such certificate is produced, other evidence to that effect shall be admissible.
3. It shall be lawful for every person authorised to take the examination of witnesses by any order made in pursuance of this act to take all such examinations upon the oath of the witnesses, or affirmation in cases where affirmation is allowed by law instead of oath, to be administered by the person so authorised; and if upon such oath or affirmation any person making the same wilfully and corruptly give any false evidence, every person so offending shall be deemed and taken to be guilty of perjury.
4. Provided always, that every person whose attendance shall be so required shall be entitled to the like conduct money and payment for expenses and loss of time as upon attendance at a trial.
5. Provided also, that every person examined under any order made under this act shall have the like right to refuse to answer questions tending to criminate himself, and other questions, which a witness in any cause pending in the court by which or by a judge whereof or before the judge by whom the order for examination was made would be entitled to; and that no person shall be compelled to produce under any such order as aforesaid any writing or other document that he would not be compellable to produce at a trial of such a cause.
6. Her Majesty's superior courts of common law at Westminster and in Dublin respectively, the court of session in Scotland, and any supreme court in any of her Majesty's colonies or possessions abroad, and any judge of any such court, and every Judge in any such colony or possession who by any order for her Majesty, in council may be appointed for this purpose, shall respectively be courts and judges having authority under this act: provided, that the Lord Chancellor, with the assistance of two of the judges of the courts of common law at Westminster, shall frame such rules and orders as
shall be necessary and proper for giving effect to the provisions of this act, and regulating the procedure under the same.
LAW OF DIVORCE AND MATRI-
LORD LYNDHURST'S SPEECH. CONNECTED with the abolition or reform of the Fuck isstical Courts, in testamentary matters, is essentially associated the amendment of the jurisdiction in divorce and matrimonial causes. We deem it necessary to put on record Lord Lyndhurst's speech in the last session, in support of the bill
then be the House of Lords.
Lord Lyndhurst said: -Before guin into committee I wish shortly to stake in cance of this bill as it has come down to you! ips House from the select committee, and i that your lordships will approve the suggested by that committee. The great object which the committee had in view, and whier e framers of the original measure had in view, was to establish a separate tribunal for deciding upon matrimonial causes. When the constitution of that tribunal was considered in committee, we came to the conclusion that it should be composed of the Lord Chancellor, the three chief judges of the courts of common law, and the Dean of the Arches; that the Dean of the Arches might sit alone in cases such as those which at present came under his jurisdiction; but that causes for divorce à vinculo matrimonii should be decided by the full court, or rather by a quorum of the court. further appeared to us, that the appeal from the decision of the Dean of the Arches should be heard before the whole court, while appeals from the full court should be brought before your lordships' House; such appeals to be founded not upon questions of fact, but upon points of law.
I think that your lordships, after considering the composition of that tribunal, will agree with the opinion of the committee, that it will be likely to answer the purpose which we had in view. It will
be a court dignified by rank, full of talent, and not more competent than a court ought to be, which is called upon to decide questions of such vast importance. So much, then, with respect to the constitution of the tribunal, which I think your lordships will consider to be satisfactory.
I come now to the alteration in the existing law which the committee propose. As the law at present stands, a woman divorced from her husband on her own petition on account of adultery, cruelty, or other misconduct on the part of her husband is placed in this situation, that whatever property she may acquire by her own industry and skill, or whatever property may devolve upon her, becomes at once the property of her husband, and is not infrequently employed by him, not in the support of his wife, but in the support of a mistress. my lords, the committee considered that it would be most desirable to put an end to that state of things, and they decided unanimously that a woman divorced à mensâ et thoro from her husband, who afterwards acquires property, shall retain it to her own separate use, and may dispose of it by grant or by will or in any way in which she pleases. I think that your lordships will be of opinion with the committee, that such a provision is imperatively required by justice.