CONTENTS OF VOLUME XLIX. Tithe, 314 Incumbered Estates' Court, Ireland, 395 NOTES ON RECENT STATUTES. Evidence in inquiries under decree, 94 Common Law Procedure Act, 1852: Suggestion on not proceeding to trial, 184 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 Stamp Duties and Postage on Newspapers, 351 LAW REFORM AND SUGGESTED IM- Auction deposits on sales of estates, 14, 83 Shee on Fusion of Law and Equity, 43 Irish Incumbered Estates' Commission, 77 Lord Brougham on reforms of last Session, 255 Amendment of Criminal law, 333, 369, 501 Extension of Charitable Trusts' Act, 476 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. Maintenance of lunatic, 218, 252 Taxing costs on motion for decree, 445 Indorsement of orders on counsel's brief, 445 405 Unclaimed dividends, 275, 301 Petition of appeal-Office copy, 383 Appeals before Lords' Justices, 324 Under Common Law Procedure Act, 1854, 87, 104 Extension of Procedure Act, 77, 113, 352 Business at Judges' Chambers, 384 Despatch of Business in Chancery, 390, 410, 414 Post Office regulations, 166, 321, 345, 363, 365 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 mortgagee, 238, 262, 279 On petitions, 257, 336, 395 And see 50, 74, 93, 111, 130, 184, 200, 235, 258, 296, 336, 418, 458, 479 POINTS IN COMMON LAW PRACTICE. Renewed notice to produce on second trial, 53 Additional affidavits on County Court appeal, 223 Injunction to restrain infringement of patent, 459 of motion to set aside outlawry, 459 As to acknowledgments of married women, 458 Foss on Cursitor Baron of Exchequer, 319, 337 Kerr's Common Law Procedure Act, 1854, 8, 198 Leverson's Copyright and Patents, 177 Philips' Common Law Procedure Act, 162 Sheil's Legal and Political Sketches, 399 Stephen's Digest of County Court Cases, 372 Wills' Vestryman's Guide, 499 THE BENCH AND THE BAR. Barristers in New South Wales, 384 ATTORNEYS AND SOLICITORS. Honours and emoluments of, 137 Law prize by solicitors of Edinburgh, 503 Unqualified practitioners in Police Courts, 304 Right to practise in County Courts, S62, 464 Vacancy in Record Office, 206 Administration of oaths in Chancery, 501 Attorneys to be admitted, 112, 152, 204, 223, 259, 482, 503 Attorneys to be re-admitted, 223, 262 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 Lien on policy for costs, 257 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 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 |