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LONDON:

PRINTED BY G, J. PALMER, SAVOY STREET, STRAND.

CONTENTS OF VOLUME XLIX.

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Tithe, 314

Incumbered Estates' Court, Ireland, 395
Court of Session, Scotland, $95

NOTES ON RECENT STATUTES.
Equity Jurisdiction Act:

Evidence in inquiries under decree, 94
Administration of bequest by married woman, 94
Admission of affidavits where oral evidence, 111
Reception of broker's books as prima facie evi.
dence, 273

Common Law Procedure Act, 1852:

Suggestion on not proceeding to trial, 184
Attachment of debts, 238

Friendly Societies' Acts, 480

NEW BILLS IN PARLIAMENT. Executor and Trustee Society, 104, 189, 249, 330, 349, 489

Dishonoured Bills of Exchange, 154, 282, 289, 291, 329, 331, 372, 436, 456, 474, 502 Judgments Execution, &c., 173

Savings' Banks and Friendly Societies' Invest

ments, 252

Protection of Purchasers against Judgments, 274, 310, 344

Speedy Trial of Offenders, 293

Testamentary Jurisdiction, 449, 451, 469, 470,492
Ecclesiastical Courts, Jurisdiction in Defamation
Abolition, 345

Stamp Duties and Postage on Newspapers, 351
Stamps on Bankers' Drafts, 503
Increase of Income Tax, 503

LAW REFORM AND SUGGESTED IM-
PROVEMENTS.

Auction deposits on sales of estates, 14, 83
Forfeiture of leaseholds, 32

Shee on Fusion of Law and Equity, 43
Saturday half-holiday, 55, 56, 113, 303, 460
Law reporting and law books, 61

Irish Incumbered Estates' Commission, 77
Limited liability, 81, 83, 117, 118, 143, 229
Removal of the Courts, 131, 166, 243, 258, 345
Reformation of juvenile offenders, 195
Consolidation of Stamp Laws, 201

Lord Brougham on reforms of last Session, 255
Proposed Minister of Justice, 272

Amendment of Criminal law, 333, 369, 501
Lists of warrants of attorney, &c., 375
New project of Chancery reform, 396
Further reforms in bankruptcy, 415
Ecclesiastical Courts, 429, 431

Extension of Charitable Trusts' Act, 476
Printing Common Law pleadings, 503
Objections to barring dower, 35
Registration of titles, 158, 169

Copyhold enfranchisement, 184, 238, 279

COUNTY COURTS.

Proposed extension, 21

Fees, 37

Registry, 56

Increase of Judges' salaries, 296, 377, 400, 462

Change of Circuits, 385

Names of Judges and dates of call, 423, 461

Taxes on justice in, 261

Notes on circuit relating to, 419

NEW RULES AND ORDERS.
Lords, as to private Bill in House of, 324
Court of Chancery, business of, 72, 365
Appointment of examiners, 219
Transfer of causes, 419

Maintenance of lunatic, 218, 252

Taxing costs on motion for decree, 445
Examination of witnesses, &c., 231

Indorsement of orders on counsel's brief, 445
Costs of proceedings in Judges' Chambers, 271,

405

Unclaimed dividends, 275, 301

Petition of appeal-Office copy, 383
Appeals before Lord Chancellor, 300
Postponement of causes, 365

Appeals before Lords' Justices, 324
Easter vacation, 335, 445
Unopposed petitions, 282

Under Common Law Procedure Act, 1854, 87, 104
Appointment of examiners, 219

Extension of Procedure Act, 77, 113, 352
Payment of money into Court, 235
Traffic on railways and canals, 256
Form of affidavit, 261

Business at Judges' Chambers, 384
Bankruptcy-Remuneration of official assignee, 27%
Commitment of insolvent by County Court, 282
Admiralty Court fees, 131

Despatch of Business in Chancery, 390, 410, 414 Post Office regulations, 166, 321, 345, 363, 365

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POINTS IN EQUITY.

Practice, 200, 258, 274, 362, 440, 443, 480 Appeal from certificate to Judge at Chambers, 317 Lien of next friend on deeds deposited for inspection, 376

Discovery although transaction illegal, 440

LAW OF VENDOR AND PURCHASER. Acceptance of contract within reasonable time, 1.18

Effect of conditions of sale on inquiry into title, 148

Liability of purchaser to see to application of purchase money, 148

Deduction of income tax from interest on purchase money, 176

LAW OF EVIDENCE.

Whether "estate" in will passes real estate, 34 Falsity of representations on formation of Company, 34

Partnership books, how far evidence, 111

Unstamped copy of Act-book of Ecclesiastical Court, 317

LAW OF COSTS.

Of administrator retaining balances, 14
Of vendor in specific performance suit, 14
Recovery of costs in Australia, 36
Of trustees, 19, 165, 479

Of mortgagee, 238, 262, 279

On petitions, 257, 336, 395
Payment of in charity cases, 258
Right of Crown, 479

And see 50, 74, 93, 111, 130, 184, 200, 235, 258, 296, 336, 418, 458, 479

POINTS IN COMMON LAW PRACTICE.
Amendment of declaration, 12
Staying action by executor, 34

Renewed notice to produce on second trial, 53
Jurisdiction to return rules at Chambers, 148
Amendment after trial by adding plea, 148
Motion to set aside nonsuit, 223

Additional affidavits on County Court appeal, 223
Execution in undefended causes, 243
Enforcing English judgments in France, 254
Discharge of feme covert taken in execution, with
husband, 357

Injunction to restrain infringement of patent, 459
Affidavit of service of writ in ejectment, 459

of motion to set aside outlawry, 459

As to acknowledgments of married women, 458
NOTICES OF NEW BOOKS.
Bucknill on Unsoundness of Mind, 443
Cox on the British Commonwealth, 68
Deane on the Law of Blockade, 453
Finlason's Common Law Acts, 179

Foss on Cursitor Baron of Exchequer, 319, 337
Francis' Common Law Procedure Acts, 30
Humphreys' Manual of Civil Law, 216, 233
Jarman's Chancery Practice, 127

Kerr's Common Law Procedure Act, 1854, 8, 198
Law relating to India, 313

Leverson's Copyright and Patents, 177
May on Parliament Practice, 146

Philips' Common Law Procedure Act, 162
Rouse's Practical Man, 353

Sheil's Legal and Political Sketches, 399
Smith's Action at Law, 90

Stephen's Digest of County Court Cases, 372
Taylor on Medical Jurisprudence, 355
Warren's Miscellanies, 498

Wills' Vestryman's Guide, 499

THE BENCH AND THE BAR.
Examination and Lectures, 53, 185, 239
New Queen's Counsel, 37, 187
How to get on at the Bar, 53
Barristers Called, 165, 300
Chancery Queen's Counsel, 261, 500
Circuits of the Judges, 279

Barristers in New South Wales, 384
Increase of lawyers in Hungary, 243
Origin of Inns of Court and Chancery, 560

ATTORNEYS AND SOLICITORS.
State and prospects of, 1

Honours and emoluments of, 137
Meeting at Leeds and the press, 14, 41
Remuneration, 371, 409, 479
Character of, 363

Law prize by solicitors of Edinburgh, 503
Benevolent Institution, 101, 205

Unqualified practitioners in Police Courts, 304
Certificate duty, 113

Right to practise in County Courts, S62, 464
Admission in Colonial Courts, 279

Vacancy in Record Office, 206
Inns of Chancery, 209, 232

Administration of oaths in Chancery, 501
Commissioners in Chancery, 166, 242, 324, 425
Solicitors elected as mayors, 57, 77, 94, 153
Admission, 56, 242, 502

Attorneys to be admitted, 112, 152, 204, 223, 259, 482, 503

Attorneys to be re-admitted, 223, 262
Admiralty Commissioners, 94

List of, in New South Wales, 334

Perp. Commissioners, 77, 166, 242, 299, 324, 425 Renewal of certificates, 36, 57, 223, 483, 503 Dissolution of partnerships, 77, 166, 242, 324, 425, 502

Special agreement with client, 12, 33

Affidavit of increase-payment of witnesses, 72 Privilege from arrest, 130

Audience in Superior Courts, 150

Taxation of costs, 128, 164, 194, 220, 296, 315, $35, 458, 496

Delivery up of deeds, &c., 182, 216
Restoration to roll, 234

Lien on policy for costs, 257
Retainer by lunatic, 257
Ancient rules and orders, 258
Summary jurisdiction over, 417, 478
Setting aside purchase from client, 440
Recovery of fees by unqualified person, 203
PROCEEDINGS OF LAW SOCIETIES.
Incorporated Law Society, 35, 219

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SECOND BRANCH OF THE PROFESSION.

On the commencement of another Legal Year, with the opening of a new Volume, it may be deemed not inappropriate to take a general view of the present state of our branch of the Profession, and endeavour to form some estimate of its future prospects. The recent General Meeting at Leeds of a large number of Attorneys and Solicitors from various parts of the country, as well as the metropolis, has furnished us with several topics of observation of great importance, and we have a few others to suggest for consideration, derived from other sources, or our own reflection.

Further and greater materially affected. changes in this department are contemplated, to which we shall hereafter advert.

The most sweeping and conspicuous alterations which have been effected since Reform, have been in the jurisdiction and Lord Brougham's great speech on Law course of proceeding in the Common Law Courts. The forms of special original writs, declarations, pleas, paper-books, and frivolous demurrers, which delayed the suitors and increased expense, have been altogether annihilated, and therewith all the large profits, easily earned, which accompanied those proceedings. In like manner the abolition of Arrest on Mesne Process, destroyed another large source both of delay and expense. Our insatiable law reformers, not content with these achievements, proceeded to take away, root and In regard to the present state of the branch, all except a few actions from the practice or business of Attorneys and Solicitors, it cannot be disputed that it has Superior Courts not exceeding 201.; and lastly, these "small debts were extended undergone several injurious changes within concurrently to 501. Nor let it be overthe last 20 years or more. In the depart- looked in this catalogue, that whilst the ment of Conveyancing, the diminution of the emoluments of Solicitors has not been Attorneys were thus deprived (without compensation) of a large part of their pracso great as in other branches, but still it tice, they were also excluded from filling the has been very considerable. For instance, by the abolition of fines and recoveries, the assignment of outstanding terms, the lease for a year, and other changes connected with the Law of Real Property, the pecuniary interests of the Profession have been

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petty Judgeships of the new Small Debt Courts, although up to that time they had satisfactorily filled the office of Assessors to the Commissioners of the Courts of Request, which were then displaced by the new County Courts.

Next, in its effect on the Attorneys, came 'It should not be forgotten that whilst about the never ending changes in the law and 50,000l. a year was taken from the Solicitors practice of Bankruptcy. The Solicitors in by the Act for dispensing with leases for a town and country who had been Commisyear, the then Chancellor of the Exchequer retained the stamp duty. The present Chancellor of the Exchequer has consistently abolished this outrageous tax on a deed that no longer existed.

VOL. XLIX. No. 1,391.

sioners, along with members of the Bar, were pensioned off, and all future Solicitors excluded from the new Commissions. Official assignees and messengers were appointed

B

2

State and Prospects of the Second Branch of the Profession.

to perform the greater part of the former welfare of the Profession, so far as it has duties of Solicitors; large fees were exacted, already extended, let us turn to the conand the result has been the diminution of sideration of some further changes which business to such an amount, that the sup- are in contemplation. porters of the system are at their wits' end to find means for defraying the expense of the costly establishment.

of

1st. The Registration of Titles.-The various former projects of entering every deed or instrument relating to land on a Come we now to the Court of Chancery, public register, appears to be generally abantime out of mind the great stalking-horse doned, and a new proposition is brought of reform. Here we have abolished offices forward, limited to the registration of titles. at the expense, well-nigh, of half a million The register, as we understand the plan, money,- -bowed out the ancient Masters will contain merely a description of the in Chancery ;-enabled the Court to decide property, and the name of the owner of the knotty points off-hand without the for- legal estate. The expense of this entry will mality, delay, or expense of pleadings;-be small, but until a sufficient length of to examine witnesses vivá voce ;-and take time has elapsed to constitute a title by accounts in an administration suit as possession against every claimant, the costs rapidly as the most skilful accountant. of the investigation of the title must remain The result, however, of all these "improve- as at present. It is expected, however, we ments" is, that the Solicitors who con- understand, that Parliament will authorise scientiously discharge their duty are most a purchaser to call upon the registrar to ininadequately remunerated, and the strongest vestigate the title, and notice being given temptations are held out to the needy or to all known parties who have any interest lower class of practitioners who, if so minded, in the property, the registrar will determine can easily protract business and increase the sufficiency of the title, which being expense, and thus secure a sufficient return recorded shall be conclusive against everyfor their labour and responsibility. This body,-reserving only a right to compensastate of things is not only unjust to the tion to a claimant who has not received skilful and respectable practitioner, but in- notice; but enabling the purchaser absojurious in its consequences to the suitor. lutely to hold the estate. Of this, however, more hereafter: we are There can be no doubt that this modihere only indicating the consequences of the present defective system.2

fied plan of registration, if adopted, will be carried into effect in the metropolis; and it Such being the result of the various law will therefore soon be the duty of our proreforms on the usual and ordinary branches vincial brethren to consider whether their of business, we must not lose sight of the former decided objection to a metropolitan extraordinary sources of income which have registry of all deeds, is to any and what arisen in favour of a fortunate but small extent affected by the change in the nature class of the Profession. We have, indeed, of the registration. For our parts, we should heard it urged, in answer to the com- say, that if the Legislature be determined plaints of Solicitors, that new and extensive to try the experiment of a register of titles, branches of business have been produced they should confine it for the present to by the progressive changes which have Middlesex and Yorkshire, substituting the taken place in modern times. It is, indeed, new for the present defective registers. In not improbable that the amount of costs those counties, including large agricultuaral paid to lawyers within the last few years is districts as well as large cities and towns, as much as at any former period. This there would be ample room and verge for conjecture takes into account the vast ex- the experiment. It must be admitted that penditure connected with all the railways the expected advantage is remote, and of the country; but let it be recollected therefore there need be no dangerous haste that these are in the hands of a small for a few years, especially as we know number of our brethren, and afford no that many who are in favour of the plan, compensation to 99 men out of every 100 conceive that it cannot be safely carried who have suffered by the diminution of all into effect without a public map; and the other kinds of professional employment. limited experiment we suggest would set From these effects of Law Reform on the that question at rest.

2 During the last Volume, we have often noticed the subject of the remuneration of Solicitors, and shall not fail to continue the

discussion.

its object the further extension of the 2nd. The next projected change has for County Courts. The "small end of the wedge" of these Small Debt Courts having

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