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The commissioners appointed are Lord Campbell, Lord Wensleydale, Mr. Baron Alderson, Mr. Justice Cresswell, Mr. James Stuart Wortley (Her Majesty's SolicitorGeneral), Sir Frederic Thesiger, and Mr. Horatio Waddington (Under Secretary of State for the Home Department).
New and better arrangements of the business of the courts is evidently necessary. and we hope to make some useful suggestions towards this end.
LEGAL EDUCATION FOR THE BAR.
NUMEROUS inquiries have been made regarding the last regulations of the Inns of Court relating, 1st, to Legal Education; and 2nd, to the Admission of Students as Members of those "ancient and honourable " Societies. It is generally known that not only attorneys and solicitors, but several other classes of persons are excluded from the privilege of keeping terms in their way to the bar. These excluded classes are
1. Attorneys at law and solicitors in chancery.
2. Writers to the signet or writers to the Scotch courts.
3. Proctors or notaries public. 4. Clerks in chancery.
5. Parliamentary agents.
6. Agents in any court, original or appellate. 7. Clerks to any justice of the peace. 8. Clerks to barristers, conveyancers, special pleaders, equity draftsmen.
9. Clerks to attorneys, solicitors, writers to the signet, or writers of the Scotch courts.
10. Clerks to proctors, notaries public, Parliamentary agents, or agents in any court, original or appellate.
11. Clerks to clerks in chancery, clerks of the peace, clerks to any justice of the peace, or of any officer in any court of law or equity, or person acting in the capacity of such any
All these persons, however, are eligible upon taking their names off the roll of the court, and entirely and bonâ fide ceasing to act or practice in any of the capacities above described. It may be observed that in this list of restrictions the trading classes are not included; but we believe it is an ancient regulation that "traders, dealers, and chapmen cannot be enrolled in any of the inns of court. They have not been expressly named in this recent document, because, we presume, it was deemed unnecessary.
The existing rules and regulations, with regard to the education of the bar, are as follow::
Would this include the clerk to a clerk of a deputy-clerk of a clerk of the peace?
1. That the four inns of court shall act in concert with each other in the joint establishment and maintenance of an uniform system for the legal education of students before admission to the bar.
2. That a standing committee or council be es
tablished, to consist of eight benchers, two to be nominated by each of the inns of court, and of whom four shall be a quorum. The members shall remain in office for two years, and each inn shall have power to fill up any vacancy that may occur in the number of its nominees during that period. To this council shall be entrusted the power and duty of superintending the whole subject of the education of the students, and of arranging and settling the details of the several measures which may be deemed necessary to be adopted.
3. That for the purpose of affording to the students the means of obtaining instruction and guidance in their legal studies, five readerships or professorships shall be established, which shall consist of the three readerships already established by the societies of the Middle Temple, the Inner Temple, and Gray's Inn— viz., on Jurisprudence and the Civil Law, the Law of Real Property, and the Common Law-and also of a reader on Equity to be named by the society of Lincoln's Inn, and of a readership on Constitutional Law and Legal History, to be founded by the four societies jointly. The readers shall be appointed for a period of three years, and the reader on Constitutional Law and Legal History shall be chosen by the standing council.
4. That the duties of the readers (subject to regulation by the standing council) shall consist of the delivery of three courses of lectures in each year, of the formation of classes of students for the purpose of giving instruction in a more detailed and personal
form than can be supplied by general lectures and of affording to students generally advice and directions for the conduct of their professional studies.
5. That the four inns of court shall form a common fund by annual contributions, the amounts of which shall be mutually agreed on, and out of which fund shall be drawn the stipends to be assigned to the readers, and such studentships as shall from time to time be conferred upon students.
6. That the lectures and classes of the readers shall be open to the students of all the societies without distinction, subject to the payment of such fees as are hereinafter directed.
7. That the stipend of each reader shall be three hundred guineas per annum, and such stipends, and also the expense of the studentships, shall be wholly defrayed out of the common fund, to be raised by the contributions of the several societies.
8. That each student shall on admission pay a sum of five guineas, which shall entitle him to attend the lectures of all the readers.
9. That the fund composed of such last-mentioned payments shall be annually divided among the five readers equally, in addition to their stipends.
10. That (subject to regulation by the council) every student shall be at liberty to attend such classes as he may think necessary, upon payment of a moderate fee to the reader, but care shall be taken by the council that such fees shall not in any year exceed the sum of three guineas.
11. That for the purposes of education the legal year shall be considered as divided into three terms or periods, one commencing with the 1st of November, and ending on the 22nd of December, the second commencing on the 11th of January and ending on the 30th of March, and the third com
Legal Education for the Bar.
mencing on the 15th of April and ending on the 31st of July, subject to a deduction of the days intervening between the end of Easter and the beginning of Trinity Term.
12. That no student shall be eligible to be called to the bar who shall not either have attended during one whole year the lectures of two of the readers, or have satisfactorily passed a public examination.
13. That public examinations shall be instituted, to be held three times a year, for the examination of all such students as shall be desirous of being examined previously to being called to the bar, and such examinations shall be conducted by at least two members of the council jointly with the five readers, and certificates of having honourably passed such examination shall be given to such students as shall appear to the examiners to be entitled thereto. 14. That such examinations shall be held in Michaelmas Term, Hilary Term, and Trinity Term.
15. That as an inducement to students to propose themselves for examination, studentships shall be founded of fifty guineas per annum each, to continue for a period of three years, and one such studentship shall be conferred on the most distinguished student at each public examination; and further, the examiners shall select and certify the names of three other students who shall have passed the next best examinations, and the inns of court to which such students belong may, if desired, dispense with any terms, not exceeding two, that may remain to be kept by such students previously to their being called to the bar. Provided that the examiners shall not be obliged to confer or grant any studentship or certificate, unless they shall be of opinion that the examination of the students they select has been such as entitles them thereto.
16. That at every call to the bar those students who have passed a public examination, and either obtained a studentship or a certificate of honour, shall take rank in seniority over all other students who shall be called on the same day.
17. That the standing council shall have power to grant dispensations to students who shall have been prevented by any reasonable cause from complying with all the regulations as to the attendance on lectures which shall from time to time be established.
The rules and regulations for the admission of students as members of the inns of court, state that it is expedient that the persons above mentioned should not be admitted members of these societies for the purpose of being called to the bar or of practising under the bar. These prohibitory clauses are the 18th and 19th. The other regulations are as follow:
20. That it is expedient that no member of any of the said societies should be allowed to apply for, or take out, any certificate to practise, either directly or indirectly, as a special pleader, or conveyancer, or draftsman in equity, without the special permission of the masters of the bench of each society respectively, and that no such permission should be granted until the member applying shall have kept twelve
21. That such permission should only be granted for one year from the date thereof, but may be renewed annually by order, as aforesaid.
22. That it is expedient that no person be allowed
It may be asked whether they can become members for any other purpose, such as attending the lectures, or resorting to the libraries of the inns of court?
to obtain any such certificate unless he shall have attended such lectures, or passed such an examination, as under the preceding rules would be necessary to entitle him to be called to the bar.
23. That it is expedient that the following forms should be adopted by the said societies on applications for admission as members:
of aged Son of of in the county of (add father's profession, if any, and the condition in life, and occudo hereby pation, if any, of the applicant) declare that I am desirous of being admitted a Member of the Honourable Society of for the pur
pose of keeping Terms for the Bar, and that I will not, either directly or indirectly, apply for or take out any certificate to practise, directly or indirectly, as a special pleader, or conveyancer, or draftsman in equity, without the special permission of the Masters of the Bench of the said Society.
And I do hereby further declare that I am not an Attorney at Law, Solicitor, a Writer to the Signet, a Writer of the Scotch Courts, a Proctor, a Notary Public, a Clerk in Chancery, a Parliamentary Agent, an Agent in any Court original or appellate, a Clerk to any Justice of Peace, nor do I act, directly or indirectly, in any such capacity, or in the capacity of clerk of or to any of the persons above described, or as Clerk of or to any officer in any Court of Law or Equity.
Dated this (Signature)
We, the undersigned, do hereby certify that we believe the above named of respectability, and a proper person to be admitted a to be a gentleman Member of the said Society.
Treasurer, or in his absence, by two Benchers.
24. That it is expedient that every member of the said Societies should have kept twelve terms before being called to the bar, unless any term or terms shall have been dispensed with under the 15th preceding rule.
25. That it is expedient that every member of the said societies should have attained the age of twentyone before being called to the bar.
26. That it is expedient that members of the said societies, who shall at the same time be members of the Universities of Oxford, Cambridge, Dublin, London, or Durham, or of the Queen's University in Ireland, should be enabled to keep terms by dining in the halls of their respective societies, any three days in each term.
27. That members of the said societies, who shall not at the same time be members of the said universities should be enabled to keep terms by dining in the halls of their respective societies any six days in each term.
28. That it is expedient that no day's attendance in the respective halls should be available for the purpose of keeping term, unless the members so attending shall have been present at the grace before dinner, during the whole of dinner, and until the concluding grace shall have been said.
29. That it is expedient that no members of any of the said societies, desirous of being called to the bar, should be so called until the name and descrip
New Statutes effecting Alterations in the Law.
tion of such candidate shall have been placed upon the screens hung in the halls, benchers' rooms, and treasury or steward's offices of each society fourteen days in term before such call.
30. That it is expedient that the name and description of every such candidate should be sent to the other inns of court, and should also be screened for the same space of time in their respective halls, benchers' rooms, and treasury or steward's offices.
31. That it is expedient that the above regulations as to screening names, &c., should be applied to members seeking certificates to practise as special pleaders, conveyancers, or equity draftsmen.
32. That it is expedient that no call to the bar should take place except during term; and that such call should be made on the same day by the several societies, namely, on the sixteenth day of each term, unless such day happen to be Sunday, and in such case on the Monday after.
33. That all the foregoing rules and regulations shall come into operation on the first day of Trinity Term now next ensuing, and shall apply to all persons entering as students on and after that day, and also to all existing students who shall not by the first day of Trinity Term next have kept more than four terms; but all other students shall, if they desire it, be admitted to the benefit of the lectures and classes, and be entitled to submit themselves to the public examination upon the same terms and subject to the same regulations as are hereby made applicable to students entering on and after the first day of Trinity Term, 1852.
The committee have abstained from framing any scheme or making any suggestion as to the fees or dues charged by the inns of court to their respective members or the deposits on the entrance of students, as they consider that these are matters of internal arrangement, which may with more propriety be left to the discretion and regulation of the societies respectively.
We would particularly call attention to the 20th, 21st, and 22nd regulations, relating to certificated conveyancers, and would again suggest to the learned Benchers that this class of practitioners should be confined, like special pleaders and equity draftsmen, to drawing legal instruments, and advising on points of the law of real property, and the practice of conveyancing. Such a class of men, like the special pleaders, would be valuable; but at present, with some highly respectable exceptions, the course of proceeding of certificated conveyancers in negociating loans, and transacting the details of conveyancing business, is most objectionable; and let it be recollected, that both in their conduct and their charges they are not, like solicitors, under the superintendence and control of the superior courts. NEW STATUTES EFFECTING ALTERATIONS IN THE LAW.
COURT OF APPEAL IN CHANCERY (IRELAND). (19 & 20 Vic. c. 80).
1. Short title.
2. Interpretation of terms.
3. Appointment of judge of Court of Appeal. 4. Court of Appeal.
5. Title and rank of judge of Appeal Court. 6. Oath of office.
7. Appeals from Master of Rolls to Court of Appeal. 8. Powers and jurisdiction of Court of Appeal.
9. The jurisdiction of Chancellor transferred to Court of Appeal in relation to appeals.
10. Appeals from the Incumbered Estates Court shall be to Court of Appeal.
11. Appeals to be brought within three months, unless special leave obtained.
12. Court of Appeal and Master of Rolls may have assistance of common law judge.
13. Decision of majority of judges of Court of Appeal to bind.
14. Final appeal to House of Lords.
15. In the absence of judge of Appeal, Chancellor may exercise jurisdiction.
16. The Chancellor to regulate business of Court. 17. Saving of powers of Chancellor.
18. If Chancellor or Master of Rolls prevented from sitting, judge of Appeal Court may sit for
Deficiency of suitors' fee fund to be supplied from consolidated fund.
The following are the title, preamble, and sections of the act :
An Act to constitute a Court of Appeal in Chancery, and to amend the Law relating to Appeals from the Incumbered Estates Court in Ireland.
[29th July, 1856.] WHEREAS it is expedient to constitute a Court of Appeal in Chancery, and it is also expedient to enable the said Court of Appeal to determine all Appeals from the Court of the Commissioners for the Sale and Transfer of Incumbered Estates in Ireland which may now be made to the Privy Council: Be it therefore enacted as follows.
1. This act may be cited for all purposes as the "Chancery Appeal Court (Ireland) Act, 1856." 2. In the construction of this act Chancery" and "Court" shall mean the Court of Chancery in Ireland, and "Chancellor" shall mean and include the Lord Chancellor, Lord Keeper, and Lords Commissioners for the Custody of the Great Seal of Ireland; "Suit" shall include cause, cause petition, and petition matter,
3. It shall be lawful for her Majesty from time to time, by letters patent under the Great Seal of Ireland, to nominate and appoint a fit person who shall
New Statutes effecting Alterations in the Law.
have exercised the office of High Chancellor of Ireland, or who shall have practised at the Bar for not less than fifteen years, to be a judge of the Court of Appeal in Chancery, and every judge so nominated and appointed shall hold his office during good behaviour: provided always, that it shall be lawful for her Majesty to remove any such last-mentioned judge from his office npon an address of both Houses of Parliament.
4. The Chancellor, together with such judge for the time being appointed under this act, shall form the Court of Appeal in Chancery, and the Secretaries, Registrars, and other officers appointed to attend the Chancellor shall attend the said Court of Appeal and the respective judges thereof, as circumstances shall require and the Chancellor shall direct.
5. The said judge shall be styled "Lord Justice of the Court of Appeal in Chancery in Ireland," and shall as such have rank and precedence next after the Lord Chief Baron of the Court of Exchequer in Ireland; provided, however, that if the said judge shall have exercised the office of High Chancellor of Ireland he shall rank next after the Chancellor for the time being.
6. Every judge so appointed shall, previous to his executing any of the duties of his office, take the oath of office.
7. From and after the 1st of January, 1857, all decisions, decrees, or orders which shall thereafter be pronounced by the Master of the Rolls in any suit shall be subject to appeal to the said Court of Appeal; and it shall not be lawful to appeal to the Chancellor alone in relation to such decisions, decrees, or orders as aforesaid, anything herein contained, or any law or usage to the contrary notwithstanding; and from and after the said 1st of January, 1857, all rehearings of decisions, decrees, or orders made or to be made by the Chancellor shall be heard and determined by the said Court of Appeal: provided, that nothing herein contained in relation to the said Court of Appeal shall apply to appeals from decisions, decrees, or orders of the Master of the Rolls pronounced antecedently to the 1st of January, 1857, or to appeals from the Masters, but such appeals may be preferred as if the provisions of this act relating to the said Court of Appeal had not passed.
8. From and after the 1st January, 1857, all the jurisdiction of the court which is now possessed and exercised, or which but for the passing of this act would be possessed and exercised, by the Chancellor in Chancery, in relation to appeals from the Master of the Rolls or such rehearings as aforesaid, and all powers, authorities, and duties, as well ministerial as judicial, incident to such jurisdiction, now exercised and performed by the Chancellor, shall be then exercised and performed by the said Court of Appeal in relation to appeals and rehearings under this
9. Where, under any act of Parliament, any jurisdiction is vested in the Chancellor, or any power, authority, or duty, is to be exercised or performed by the Chancellor and under the directions of any act or by any usage such power, authority, or duty is or ought to be exercised or performed by the Chancellor acting judicially in the court, all orders made or to be made by the Chancellor in exercise of such jurisdiction, power, authority, or duty, shall be subject to appeal, and all such jurisdiction, power, authority, and duty, and the ministerial powers and authorities incident thereto or consequent thereupon, which are now exercised and performed by the Chancellor, shall from and after
the said first day of January, 1857, be had, exercised, and performed by the said Court of Appeal in relation to appeals and rehearings under this act: provided always, that, save as regards appeals and rehearings under this act, the Chancellor shall and may, whilst sitting alone, have and exercise the like jurisdictions, powers, and authorities as might have been exercised by the Chancellor if no Court of Appeal in Chancery had been created by, and no judge of appeals in Chancery had been appointed under this
10. All appeals which, by 12 & 13 Vict. c. 77, s. 51, or any act amending or continuing the same, are authorised to be made from the orders of the Commissioners or Commissioner for the Sale and Transfer of Incumbered Estates to the Privy Council in Ireland, shall from and after the said 1st January, 1857, be made to the Court of Appeal, and from and after the said 1st January, 1857, it shall not be lawful to make such appeals to the Privy Council; and the Court of Appeal in Chancery shall have the same power of hearing and determining such appeals as is by the said 12 & 13 Vict., or any act amending or continuing the same, given to the Privy Council, and the costs of such appeals shall be in the discretion of the Court of Appeal.
11. Appeals and rehearings under this act to the said Court of Appeal may be brought without leave of the court at any time within the period of three months from the time when the decision, decree, or order complained of was made, or shall have taken place, anything in sect. 30 of the Court of Chancery (Ireland) Regulation Act, 1350, to the contrary notwithstanding, but that after the expiration of the period aforesaid, no such appeal or rehearing shall be brought, unless with the special leave of the court.
12. It shall be lawful for the said Court of Appeal, and for the Master of the Rolls, and for each of the said jurisdictions, to sit, with the assistance of any judge of her Majesty's Courts of Common Law in Ireland, upon the request of the Chancellor, if any such common law judge shall find it convenient to attend upon such request; and any such common law judge so attending the said Court of Appeal shall, as regards the matters heard before the said court, be deemed a judge of the said Court of Appeal.
13. The decision of the majority of the judges of the Court of Appeal, including such judge so attending as aforesaid, shall be taken and deemed to be the decision of the said court; and if the judges of the court be equally divided in opinion on any matter brought before the court by way of appeal, or reheard, the decree or order appealed from or reheard shall be taken and deemed to be affirmed by the Court of Appeal.
14. All decisions, decrees, or orders of the Court of Appeal, whether on appeals in Chancery or from the said commissioners, shall be subject to appeal to the House of Lords in the cases and under the conditions in and under which the like decisions, decrees, or orders of the Chancellor would have been subject to such appeal if this act had not been passed.
15. All the jurisdiction, powers, and authorities of the said Court of Appeal may, in the unavoidable absence of such judge of appeal to be appointed under this act, be exercised by the Chancellor sitting alone, or with such common law judge as aforesaid at such Court of Appeal.
16. The Chancellor shall fix the times at which the judge of the said Court of Appeal appointed under this act shall sit with the Chancellor, and generally make such regulations as to him may seem proper for
New Statutes effecting Alterations in the Law.
regulating the business of the said Court of Appeal, and for the attendance of a registrar of the said Court of Chancery at the sittings of the said Court of Appeal.
17. Nothing herein contained shall affect any of the powers, duties, or authorities attached to the office of Chancellor or exercised by the Chancellor as Keeper of the Great Seal of Ireland (except the powers, authorities, and duties which are exercised and performed by him in relation to the appeals and rehearings to which this act relates), or shall create any right of appeal, or affect the powers, authorities, and duties of the Chancellor at the common law or petty bag side of the court, or in relation to bankruptcy, or under the laws or statutes relating to bankrupts and bankruptcy, or under and by virtue of any appointment under the sign manual of the Crown, as having the custody of the persons and estates of persons found idiot, lunatic, or of unsound mind, or in relation to letters patent, grants, or writings passed or to be passed under the Great Seal of Ireland, or the revocation of such letters patent, grants, or writings, or the powers and authorities of the Chancellor in right or on behalf of her Majesty, as visitor of any charity or other foundation, or to the powers of the Chancellor of appointment to, or removal from or otherwise, in relation to offices in the court or other offices, save as herein specially provided.
18. And in case the Chancellor or Master of the Rolls shall be prevented by illness or otherwise from sitting at any time when, according to ordinary course, his court would be open, or if the state of business of the court or other circumstances should render it ex
pedient and proper, the Chancellor may, by writing under his hand, from time to time, as often as occasion may require, authorise the Judge of the said Court of Appeal to sit for the hearing and determining of causes and matters; and the judge sitting under such authority as aforesaid shall have all the power, authority, and jurisdiction of the Lord Chancellor and Master of the Rolls for the hearing and determining of causes and matters, and may, for the purpose of disposing of any cause or matter which has been partly heard by him, continue such his sittings, notwithstanding the Chancellor or Master of the Rolls, in whose stead he has partly heard such cause or matter, may also be sitting for the hearing of other causes or matters; and all decrees and orders made by such judge in pursuance of such authority, shall be of the same effect and validity, and subject to revision and appeal, in the same manner, in all respects, as if made by the Chancellor or Master of the Rolls, as the case may be.
19. It shall be lawful for her Majesty to direct that there shall be paid to the Judge of Appeal to be appointed under this act, a salary not exceeding £1000, in case such judge shall be in the receipt of any salary or pension as exercising or having exercised a judicial office in any of the superior courts of law, equity, or in the Court of Prerogative, and over and above and without prejudice to any such salary or pension; and in case the person to be appointed Judge of the Court of Appeal under this act shall not be in the receipt of any such salary or pension, such person, on being appointed by letters patent under this act, shall be entitled to and shall be paid the net yearly salary of £4000.
20. Her Majesty, by letters patent under the Great Seal of the United Kingdom, may grant unto any person executing the office of Judge of Appeal, in pursuance of this act, who shall not be in receipt of
any such pension, an annuity not exceeding £2,666 13s. 4d.
21. Whereas it is expedient that the court should have increased powers of making general orders to reform and regulate its procedure and practice, with a view to economy, simplicity, and expedition, and that the existing law as to the mode of making general orders of the court should be amended: Be it therefore enacted, that the 14 & 15 Vict. c. 15 is hereby repealed, save as to anything done or proceeding commenced under the same.
22. All general orders of the court or masters, in force at the passing of this act, shall continue in force unless altered by, or inconsistent with, the general orders to be made under this act.
23. The power of making, rescinding, and varying general orders in relation to all proceedings in the court, and to all business to be transacted by the court and the judges and officers of the court, shall be deemed to be a power at all times appertaining and incidental to the jurisdiction of the court, and such power shall be exerciseable by the Chancellor, by and with the advice and assistance of the Master of the Rolls and the Judge of Appeal, or of either of them, anything in any act or acts prescribing a different method of making such general orders to the contrary notwithstanding, and shall be exerciseable as well in relation to all matters now falling within the jurisdiction of the court as to all matters which may hereafter be brought within such jurisdiction.
24. In addition and without prejudice to the power which the Court now has of making general orders in relation to any matters within its jurisdiction, the Court may, in manner aforesaid, make, rescind, and vary general orders for regulating the times and form and mode of procedure, the division and distribution of business, the formalities to be observed upon transfers and sales of stock and payments and investments of cash, the lodgment of deeds and papers, the substitution of or dispensing with service of notices or process upon any person, the examination of witnesses and parties, the examination, crossexamination, and re-examination of persons making affidavits to be used in any cause or matter, for determining the necessary parties to any cause or matter, and for regulating the employment of conveyancing or other counsel, valuators, surveyors, engineers, accountants, merchants, actuaries, and other skilled persons, and the costs, fees, and allowances to be paid or allowed to solicitors or other persons, and for ensuring the despatch of business by requiring returns of the state thereof from any judge or officer or otherwise, and for transferring the conduct of proceedings, and for allowing procedings to be taken or acts done, notwithstanding the proper time for taking or doing the same may have elapsed, and for enlarging the time for any such act, and for supplying omissions or correcting errors in proceedings, and for regulating the security to be given by receivers, or altering the existing mode of giving such security, and substituting any new mode, either generally or as regards particular cases, and for regulating the appointment and remuneration of receivers, and the management of estates under receivers, and in relation to any other matter or thing whatsoever incident to the business of the Court, whether of the kind herein before specified or not; and such orders shall take effect at such time as may be therein specified, or, in default of such specification, from the time of the making thereof.
25. Such general orders shall be laid before Parliament within the time and subject to the provisions