434

Property of the Inns of Court and Chancery.-Inns of Court and Chancery Debate.

On the other hand, the two great branches The reforms which have been effected on of Practice having long been kept distinct, are projected in the Universities of Oxford it may be expedient to continue the same and Cambridge, and in the corporation of course, leaving the funds of the Inns of the city of London, have been conducted Court to be applied for the benefit of the with due regard to the vested rights and students and members of the Bar; and the just interests of those institutions; and we funds of the Inns of Chancery for the be- cannot entertain the slightest apprehension nefit of attorneys and solicitors. There is, that the excellent and learned Judges, and however, this material difference in regard other eminent Commissioners, who are deto those who may be entitled to participate legated to conduct the inquiry and report in the application of the revenues of the their opinion, will come to any concluInns of Court from those of the Inns of sion adverse to the true interests and welChancery, that every student for the Bar fare of their brethren. and every barrister must belong to one of The Commissioners will, of course, withthe Inns of Court;-whilst the attorneys out loss of time, procure the fullest inforand solicitors need not be members, and mation on the state of the revenues of the very few of them are members of the Inns Inns of Court and Chancery, and the apof Chancery. It would, therefore, be ne- plication thereof. We may venture to sugcessary and just, that in order to partake of gest the expediency of adopting the course the benefits which may be derived from a taken by most of the other Royal Commisreform in the application of the funds of the sioners in issuing a series of questions to be Inns of Chancery, that the attorneys and answered by the several authorities of the solicitors shall be required to join these Inns of Court and Chancery, by eminent societies and contribute the usual dues pay-members of the Bar,-by solicitors of exable by the members thereof. perience, and by the several Law SocieThe most proper and expedient course ties. Thus the Commissioners would have would probably be, to incorporate the whole before them many valuable suggestions, Profession of attorneys and solicitors, and which would essentially aid them in arriving require them to become members either of at a satisfactory conclusion,―at once meetone of the Inns of Chancery or of the ing the approbation of the public, and the Incorporated Law Society. In the latter, cordial support of the Profession. there is a very extensive Library, and there

DEBATE.

a numerous course of Lectures is delivered, INNS OF COURT AND CHANCERY and the Examination takes place. The members of the Inns of Chancery as solicitors, have largely contributed to the formation of that useful Institution.

sug

A moderate fee on admission, and a small annual subscription, would be sufficient, not only for the purpose of effecting the gested improvements in Education, by increasing the Library and instituting new Courses of Lectures adapted for the use of the practising solicitor, but to supply the members with useful works, and ultimately, we hope, to provide a fund for the relief of the aged and unfortunate but meritorious members.

We presume that in the reforms which are contemplated, there can be no intention to displace the heads of either class of these ancient and honourable societies." Whatever changes may be recommended will be best carried into operation by the "Benchers" of the Inns of Court on the one hand, and the " Ancients" of the Inns of Chancery on the other. The rights of property, and the privileges of the members of the respective societies will, of course, remain untouched.

THIS important debate was concluded as follows:

:

The Attorney-General was anxious to take an early opportunity of stating that he gave his most right hon. and learned gentleman (Mr. Napier). ready and cordial assent to the proposal of the It was unnecessary for him to go into the origin of the Inns of Court. It was quite enough that the Inns of Court had had committed to them the preservation, control, and superintendence of the Legal Profession, to entitle the House to enter upon a thorough inquiry into their constitution and the means they possessed. He agreed with the right hon. and learned gentleman that the country had a deep interest in the proper maintenance and high character of the Legal Profession. There were none who might not have occasion to come to them for assistance and service-From the body of the lawyers the judicial body were taken-and their character was, upon every ground, matter of public concern, in which the public were inthat he did not anticipate from the appointterested. But at the same time, he must say ment of the commission those great results which the right hon. and learned gentleman seemed to expect. If the present state of legal

education resembled that which existed when | became compulsory no good would be done. the right hon. gentleman first became a mem-The branch of the Profession to which he had ber of the Profession, it would indeed be a long had the honour of belonging had given matter of paramount necessity that such a to the world Lord Stowell, who was a powercommission of inquiry should issue. But hon. ful illustration of the advantages which atmembers must not overlook all that had been done of late years to place legal education upon a sound basis. No less than five public professorships had been founded within the last few years, namely the professorship of civil The Solicitor-General said, he should be law and general jurisprudence, the professorship of common law, the professorship of real sorry to allow this subject to pass by without property, the professorship of equity, and the making a few observations; and, in the first professorship of constitutional law and legal place, he wished to express the gratitude which history. All these professorships had been he, and he was sure the whole of the Professupplied with funds, and although examina- sion, must feel to the right hon. gentleman for tions were not compulsory, still an experiment the manner in which he had brought forward had been tried and a great step had been this important question. But he could not taken. There could be no doubt that the agree in the opinion expressed by his hon. governing bodies of the Inns of Court were and learned friend the Attorney-General, that most anxious in their desire to place legal the subject should be left entirely to the Inns education upon a sound and satisfactory foot- of Court themselves. It was an undoubted ing. When he reminded the House that fact, that those learned bodies had done somewhat had already been done had the sanction thing in the way of reform, but what had been of such names as those of the Master of the effected was mainly through the students themRolls, Sir P. Wood, Lord St. Leonards, Sir selves, who were very anxious to obtain inK. Bruce, and others of similar position, he struction, and who were endeavouring, as far need not say that the matter was in admirable as possible, to reap the benefit of the instituhands. Studentships had been founded and a tions which had been founded, and which, ungreat deal had been done. The matter was in questionably, of late had been placed on a very safe keeping, but the right hon. and learned wide basis. It was now about eight or nine gentleman thought a commission ought to years since he first drew the attention of the issue. Be it so. One result, at least, would Inns of Court to the neglect of those great follow from the appointment of a commission, duties which he considered it was incumbent since it would dissipate a great deal of miscon- upon them to discharge. In 1832, a Comception relative to the revenues and resources mittee having been appointed, a more liberal of the Inns of Court, and the application of system, but one by no means adequate to the those revenues to the purposes of legal edu- wants of the students, was framed; but he cation. There was but one feeling among the thought it was their duty to extend as much as Benchers of the Middle Temple-of whom he possible, the legal education of the whole body was one-on this subject, and they had de- of the people. With respect to all their other puted him to say that they should be most institutions, they invited the people of the happy to give every possible assistance to the country to take part in the administration of commission. A similar feeling was expressed the law, and it was their bounden duty, thereby the Benchers of the Inner Temple, and the fore to give them the means of obtaining a hon and learned member for West Suffolk general knowledge of the principles of the law. (Sir F. Kelly) the Treasurer of Lincoln's Inn, The Universities had for a long time been neghad authorised him to say that the same feel- lectful, and the Inns of Court, he said, had ing pervaded that body. The governing bodies shared in that neglect, and the only thing he of the Legal Profession would cheerfully re-regretted on the present occasion was that the ceive suggestions and cordially adopt any terms of this motion were not a little more measures which would raise the character of comprehensive. He should like to see the the Legal Profession. At this time of day, Inns of Court erected into one great legal when public bodies and institutions were sub-university, for the purpose not merely of projected to a searching inquiry, it would ill be-moting the education and legal instruction of come the Inns of Court to offer the least oppo- the Profession, but for the purpose of co-opesition to inquiry. It did public bodies good rating with the Universities of Oxford, Camto let light and air into their proceedings. bridge, and London for the public good. He This was the case with the Universities of hoped to see the time when, in the great Oxford and Cambridge, and, when the time scheme for the improvement of the seats of came for a similar inquiry into the University learning and the Courts of the country, there of Dublin, he hoped the right hon. and learn-would be found departments in which a deed gentleman would be as ready to acquiesce gree-manifesting the attainment of some in such an inquiry as the Inns of Court had knowledge and some experience in the law, been to acquiesce in the motion of the right and which degree would be requisite to give a hon. and learned gentleman.

Mr. R. Phillimore wished to express his opinion, that until the examinations of students

436

Inns of Court and Chancery Debate.

sions, was such as to cause great regret at the limited knowledge the English barrister possessed on many points which became the object of inquiry, and whoever was conversant with the administration of the law with respect to railways, when they first became regularly established, must have observed with regret and with shame that there was an entire want of knowledge with regard to the law as it affected those companies; the consequence was, the adjudication of cases in the Courts of Law first set in one current and then in another, introducing a variety of conflicting decisions with respect to such cases, and a degree of uncertainty and confusion greatly to be deplored. This state of things was to be attributed in a great measure to that want of instruction in original principles which, he must say, had hitherto been characteristic of English jurisconsults, but which he hoped would no longer continue to exist.

Universities of Oxford and Cambridge a sys- state of the law of this country, on many occatem of general instruction in jurisprudence and the law, and that the Inns of Court might be erected into a public institution to perfect and carry into practice that course of knowledge and study which a certain number of persons might have commenced at the universities. At present the universities admitted of the education of a limited number only, but a large class would like to resort to a school of law if it were established upon the basis which it ought to be in this country. It was with some shame that he had ascertained the unfavourable position we were in, contrasted with France. In Paris alone the number of professors reading in the different departments of the law, with a view to the education of the people at large, was more than three times the number lately established in this country. Nor was this confined to Paris, but in eight of the large municipal towns were established local universities or large public schools for the teaching of the law. Nothing of the kind ex- Mr. Bowyer said, that being one of the reaisted in this country, but he hoped the time ders to the inn to which the Solicitor-General was not far distant when so pressing a want belonged, it gave him much pleasure to be able would be supplied. But he should be sorry if to state that many of the improvements introthe House were to be impressed with the opi-duced had resulted from the labours of that nion that the Inns of Court continued in a learned and hon. gentleman. He was glad to state of insensibility as to the present want find that the learned Solicitor-General diswhich was everywhere making itself felt. The Inns of Court were valuable national institutions, invested for the public service with certain rights, and having corresponding duties and obligations to discharge, and, in his opinion, the manner in which those duties and those obligations ought to be discharged would be a very proper subject for inquiry by this House; and if it should be necessary to give them additional powers for the more extensive and efficient discharge of their duties, there could not be a fitter occasion on which to do so than the present. He trusted, with the right hon. gentleman who had brought this matter forward, that it would not only receive attention in proper quarters, but that the Commission would be directed to the attainment of still greater ends than those it was more immediately proposed to attain by it: but he would mention, in justice to the Inns of Court, that, in addition to the nine studentships, four of which entitled the holders to 50 guineas a year, and were conferred as prizes for the greatest proficiency, there was also given to the Council of Legal Education, over which he had the honour to preside, power to grant certificates of honour, which entitled the recipients to some standing in the Inns of Court, and in that Profession to which it was probable they would eventually belong. A good basis had therefore been established, and all that was wanted was a compulsory examination, which, in his opinion, was an essential requisite to the perfection of any system. In addition to the things he had mentioned, there were a number of professorships, which would give great facilities to all who wished to obtain that education which was absolutely necessary to those whose intention it was to go to the Bar. The

sented from the opinion expressed, that it would be better to leave the matter where it was. Nothing in the way of improvement would ever be done so long as people were satisfied with things as they were. In his opinion very little had yet been done, for when he referred to the report of the Committee of the Council of the Inns of Court on Legal Education, he found the stipend of each reader was to be 300 guineas per annum, which he contended was not sufficient for the payment of persons who performed such important duties in reference to legal education. They were told that the revenues had been overrated, but they had had no means of judging, as the amount had hitherto been kept secret from the Public and the Bar; but he believed it would be found quite sufficient, not only to remunerate readers more handsomely, but to dispense with the fee of five guineas paid by students on their admission to the lectures, which fee, he contended, was a great hardship upon the young men, and operated as a discouragement to persons anxious to obtain a legal education. He pointed to Germany and other countries, as affording a great contrast to ours with respect to the study of jurisprudence,—a science which, in his opinion, it was of the greatest importance to cultivate. If they had a body of professors they would be found of the greatest service in a subject which more and more engaged the attention of Parliament

he meant the proper revision of Acts of Parliament. He said, a body of professors, competent to assist in drawing up Acts, and to point out what in each case would be the best method of attaining the particular object the Legislature had in view, would be of the greatest use. They could be always referred to by the Go

Inns of Court and Chancery Debate.-New Statutes.

437

vernment, would render assistance to the law he could not state the exact sum. From the officers of the Crown, and might be referred information furnished by that return, he was to for their opinion in matters of public import-able to make a calculation which led him to ance, or on any difficult points of international estimate that the revenue derived annually law. He thought there ought to be a thorough from the rent of chambers alone by the four examination into the revenues of the Inns of Inns of Court amounted to no less a sum than Court, and that the public ought to be in- 87,680l. per annum; which was all originally formed, not only what they amounted to, but derived from the ground they held in trust for how they were applied, in order that the object the use of the law students, and for which land for which these Inns of Court were established they only paid a nominal sum. How then did -namely, the promotion of legal education they discharge their trust properly when they among the people-should be secured. demanded such an immense sum of money for Mr. V. Scully said, that the object of this chambers that the loss from those unoccupied Commission would be, that any illusion as to he estimated at 1,2001. a year. They also the enormous revenues of the Inns of Court charged expensive fees on the granting of the would be dissipated. They would know what degree of barrister, and demanded, besides, those revenues were. If they were adequate from each student fees to the amount of 351., they would be applied in a proper manner, and in addition to the 1007. caution-money depoif they were not adequate for the purposes for which they were intended they might be made so. He hoped the result would be a system of examination attended by rewards to students who had distinguished themselves, and also by disqualification if that were necessary. They ought also to have a proper system of legal education, such as that the SolicitorGeneral had expressed his approval of, and he trusted that the recommendations of this Commission would not be allowed to lie dormant, but would be at once acted upon. He wished to enforce on the Solicitor-General the necessity of completing the reform on this question at once, so as to render no supplemental mea

sures necessary.

sited as security, while the students were eating their terms, the interest of which was gained by them. He calculated that, from all sources, they derived a revenue amounting to nearly 100,000l. a year-a sum far more than sufficient to provide for the legal education of every student who went there. He had no doubt the commission would be attended with very good results; but he, with other members, regretted that it was not so comprehensive as to enable it to inquire into the conduct of the Inns of Court, and the way in which they had discharged their duty.

Mr. Napier, in reply, corrected a misapprehension of the Attorney-General with respect to the University of Dublin; that university had, immediately after Mr. Wyse's committee instituted professors of general law and civil jurisprudence, and there had not been any university in the United Kingdom that had gone so far to meet the spirit of the times as that one had.

The motion was then agreed to.

Mr. Hadfield earnestly hoped, that the proposed measure might be one of a liberal tendency, as he thought the time had arrived when the major part of her Majesty's subjects should be no longer excluded from these educational institutions, but that free access should be given to all who claimed to be instructed. He hoped, therefore, some plan would be [It will be observed that not a word was adopted to throw open the universities, and that that reform would extend to the removal said, in the course of the debate, on the eduof all tests and difficulties which at present excation of Attorneys and Solicitors, and though isted, whereby many persons who possessed the resolution includes the Inns of Chancery, conscientious scruples were prevented from we hear nothing of the mode in which it is protaking the benefit of those institutions. posed to interfere with the revenues of those Societies.-ED.]

NEW STATUTES EFFECTING ALTE-
RATIONS IN THE LAW.

Mr. Craufurd was rejoiced to find so great a unanimity on the part of the hon. and learned gentlemen who had spoken on the subject with respect to the necessity of these reforms; and he considered it greatly to the credit of the Government that they had so readily acceded to them. Notwithstanding, however, the eulogium which had been passed by one right hon. and learned gentleman upon the Inns of Court, the present Volume, with an Analysis to each, it was his opinion that no corporation in the will be found at the following pages :

THE Acts of the present Session printed in

Income Tax, cc. 17, 24, pp. 46, 131, ante.
Commons' Inclosure, c. 9, p. 64.
County Court Extension, c. 16, 121.
Registration of Bills of Sale, c. 36, p. 216.
Warwick Assizes, c. 35, p. 218.
Attendance of Witnesses, c. 34, p. 235.

kingdom had committed grosser breaches of
trust than those same inns; for he found, on
reference to history, that they were founded
for the purposes of lodging students and in-
structing them in the laws of England. It
had been stated by the hon. member for Dun-
dalk that they had no means of arriving at any
judgment as to the revenues; but, from a return
which he had moved for last Session, he was
able to form some approximate idea, although 254.

Evidence in Ecclesiastical Courts, c. 47, p.

New Statutes effecting Alterations in the Law.

Commons' Inclosure (Ng. 2), c. 48, p. 254. | High Court of Chancery or service to be

Cruelty to Animals, c. 60, p. 275.
Ecclesiastical Jurisdiction, c. 65, p. 276.
Highway Rates, c. 52, p. 276.
Turnpike Trusts' Arrangements, c. 51, p. 276.
Admiralty Court, c. 78, p. 295.
Borough Rates, c. 71, p. 298.
Acknowledgment of Deeds by Married Wo-
men, c. 75, p. 299.

Stamp Duties, c. 83, p. 317.

Court of Chancery, c. 100, p. 334.
Bankruptcy, c. 119, p. 335.
Real Estate Charges, c. 113, p. 339.

effected out of the jurisdiction; (s. 8).

Suits transferred to be proceeded with according to the practice of the Court of Chancery, &c.; (s. 9).

Provisions of recited Act as to enforcing decrees, &c., of Court of Chancery to apply to Court of Appeal; (s. 10).

All the powers and authorities of the Trustee Act, 1850, and the 15 & 16 Vict. c. 55, shall extend to lands and personal property in the County Palatine; (s. 11). Powers of Court of Chancery to deal with property of infants, &c., and in the

Common Law Procedure Act, 1854, c. 125, administration of assets to be exercised by